Office of Information Practices

U Memo 24-05
January 11, 2024
Executive Session Minutes 

OIP concluded that the State Public Charter School Commission (PCSC) had followed the proper Sunshine Law procedures to go into executive session for discussions with its attorney regarding an agenda item and that minutes of this discussion were protected from disclosure under the confidentiality provision of section 92-9(b), HRS, “so long as their publication would defeat the lawful purpose of the executive meeting.”  OIP also concluded that this Sunshine Law confidentiality provision could be read in conjunction with the UIPA’s frustration exception at section 92F-13(3), HRS, which allows the withholding of minutes whose publication would frustrate the purpose of an executive session.  OIP found, however, that some portions of the minutes were so general and non-specific that disclosure would not frustrate the purpose of the executive session, and concluded that this nonsubstantive portion must be disclosed.  OIP also found, sua sponte, that the executive session minutes did not convey a true reflection of the matters discussed at the meeting and the views of the participants and concluded that PCSC must create a new set of minutes for the executive sessions that includes omitted information, to the best of PCSC’s ability.