Office of Information Practices

The state Office of Information Practice (OIP) is pleased to announce that the State Calendar process has been changed to allow the electronic posting of emergency and continued meetings with less than six days’ notice.

The Sunshine Law requires notice of meetings of state boards to be electronically posted on the State Calendar.  Although emergency meetings or meetings that are continued may be held with less than six days’ notice, the State Calendar previously rejected attempts to electronically post that information.  OIP had notified HIC, the contractor in charge of the State Calendar, but ownership and administrative issued had to be resolved before procedural changes to the Calendar could be deployed.

Now that the latest procedural change to the State Calendar has been deployed, state boards will still get an error message if they try on their own to electronically post notices of emergency or continued meetings less than six days in advance, but they can post such notices by first contacting HIC at  [email protected] from 7:45 a.m. to 4:30 p.m. on Mondays through Fridays (excluding state holidays).  Within one business day, HIC will then email the requester with information on how to post a meeting with less than six days’ notice.  Please do not contact OIP for technical assistance with the State Calendar.

OIP will work with HIC to make additional improvements and upgrades to the State Calendar for possible deployment next year.  In the meantime, the newest procedural change will make it possible for boards to post electronic notices for emergency and continued meetings on the State Calendar.  Boards must remember, however, to follow all Sunshine Law requirements before posting notice of such meetings.  See, e.g., sections 92-7 and -8, HRS (notice and emergency meeting requirements); OIP’s Summary of and the Hawaii Supreme Court’s opinion in Kanahele v. Maui County Council, 130 Haw. 228, 307 P.3d 1174 (2013) (discussing meeting continuances); OIP’s Quick Review:  Continuance of a Meeting Under the Sunshine Law (January 2014); OIP’s Sunshine Law forms page for a Notice of Continuance of Meeting form.

OIP also reminds boards that the Sunshine Law still prohibits amendments to agendas with less than six calendar days’ notice for meetings that are not emergencies or continuances of a duly noticed meeting.  An agenda for a regular, special or anticipated executive meeting must be posted at least six calendar days in advance.  To amend an agenda, the board must follow the requirements of section 92-7(d), HRS, which do not allow amendment by posting an addendum, nor do they allow the addition of items of reasonably major importance when the board’s action thereon will affect a significant number of persons.  OIP’s latest formal opinion on agenda amendments, OIP Opinion No. F20-3, is posted on the opinions page at oip.hawaii.gov.

While technical questions regarding the State Calendar should be directed to HIC through the calendar’s chat box or at [email protected] or by calling (808) 695-4620, questions for OIP’s Attorney of the Day regarding the Sunshine Law or Uniform Information Practices Act can be emailed to [email protected].