S Memo 14-3

Posted on Sep 5, 2013 in Informal Opinions - Sunshine Law

S Memo 14-3
August 30, 2013
Whether the Information Technology Steering Committee
Is a Board Subject to Sunshine Law     

Requester asked whether the Information Technology Steering Committee is a board subject to the Sunshine Law.

The Information Technology Steering Committee was created within the Department of Accounting and General Services by section 27-32, HRS, in 2010, for the purpose of assisting the Chief Information Officer in various decisions relating to the development and implementation of state information technology strategic plans. 

To be a “board,” a group must be: (1) an agency, board, commission, authority, or committee of the State or its political subdivisions; (2) which is created by constitution, statute, rule, or executive order; (3) to have supervision, control, jurisdiction or advisory power over specific matters; (4) which is required to conduct meetings; (5) and which is required to take official actions. 

OIP found that the Information Technology Steering Committee meets all elements of the Sunshine Law’s definition of a “board,” so it is a “board” subject to the Sunshine Law.