Office of Information Practices

S Memo 25-02
January 31, 2025
Board Packets Notification

A member of the public asked whether the State Council on Mental Health (SCMH) had violated the Sunshine Law by failing to send persons on its notification list timely notice of the availability of board packets for its meetings.  HRS § 92-7.5.  OIP concluded that the deadline of two business days prior to a meeting (or when distributed to members, if earlier) for a board to have its board packet available for public review in its office does not apply to the requirement for a board to notify persons on its mailing list that the board packet is available, which is in a separate sentence with no language to indicate that it must be done by the same time the packet is available for public review.  OIP further concluded that none of the time standards set out in section 92-7.5, HRS, could be read to modify the board packet notification requirement, but for the requirement to be effective it must at least be done in time for those receiving a board packet notification to obtain and review the board packet itself prior to the meeting.  OIP found that SCMH had sent its board packet notifications, each with a link to the board packet itself, in time for those receiving it to obtain and review each board packet prior to the relevant meeting, and concluded that SCMH had not violated the Sunshine Law by failing to send timely board packet notifications.