HomeMy WebLinkAboutResolution No. 2015-09COUNTY COUNCIL COUNTY OF KAUA’I ti 01 ut Ott No.2015-09 RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF HAWAI’I TO AMEND CHAPTER 92,HAWAI’I REVISED STATUTES,TO ALLOW MEMBERS OF A COUNTY COUNCIL TO JOINTLY ATTEND COMMUNITY MEETINGS WHEREAS,according to current interpretations of the State Sunshine Law (Part I,Chapter 92,Hawai’i Revised Statutes),members of a County Council are limited in their ability to attend a variety of community meetings;and WHEREAS,as an elected official,it is the job of a Councilmember to identify how people in their communities feel about policy issues,to become educated on those issues,and to enact legislation addressing the issues when advisable;and WHEREAS,allowing Councilmembers to attend such public meetings will not jeopardize openness in government;and WHEREAS,Councilmembers have no control over agendas,discussions,or outcomes of meetings conducted by non-Council entities;and WHEREAS,oftentimes,Councilmembers are forced to depart from community meetings or decline invitations to attend community meetings in order to ensure compliance with the Sunshine Law,which creates confusion amongst meeting attendees and members of the public;and WHEREAS,amending current legislation to allow Councilmembers to attend community meetings without violating the Sunshine Law will promote greater transparency and accessibility in county government;now therefore BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I,STATE OF HAWAI’I,that the Hawai’i State Legislature is being requested and urged to amend Chapter 92,Hawai’i Revised Statutes,to allow members of a County Council to jointly attend community meetings,as proposed in the State Bill attached hereto as Exhibit “A.”
BE IT FURTHER RESOLVED,that copies of this Resolution be transmitted to the Hawai’i State Legislature,the Hawai’i Council of Mayors,and the Hawai’i State Association of Counties.Introduced by:V:\RESOLTJTIONS\2014-2016 TERM\2014-2938 Amend Chapter 92 HRS-jointly attend meetings AB_mn.docx 1v j3av Qxcub 3&crub QtUod x oocr ic.aça1iia x 1.anSIjtro K attawI aapo3o x 1Lktfl1Uta x Zota1 0 0 0 Qttrtuttcate t boptIon c Jjtrcbp certify tfjat &co1ution o.2015—09 kua aboptc1i bp tije Qtotmcil of tije Qtottntp of ana’i,‘tate of ajJi’j,1Liju’c,ua’i,Lr.vai’i,on December 17,2014.Qrount’CIer1 iteb 12—18—2014 Qtljairman &ribin @fficer
Exhibit “A”aBs NO.A BILL FOR AN ACT RELATING TO COMMUNITY MEETINGS.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:1 SECTION 1.Section 92—2.5,Hawaii Revised Statutes,is 2 amended to read as follows:3 “92-2.5 Permitted interactions of members.(a)Two 4 members of a board may discuss between themselves matters 5 relating to official board business to enable them to perform 6 their duties faithfully,as long as no commitment to vote is 7 made or sought and the two members do not constitute a quorum of 8 their board.9 (b)Two or more members of a board,but less than the 10 number of members which would constitute a quorum for the board,11 may be assigned to:12 (1)Investigate a matter relating to the official 13 business of their board;provided that:14 (A)The scope of the investigation and the scope is of each member’s authority are defined at a meeting of 16 the board;paf:dmr:13-2201
Page2 B [.iO.1 (B)All resulting findings and recommendations 2 are presented to the board at a meeting of the board;3 and 4 (C)Deliberation and decisionmaking on the 5 matter investigated,if any,occurs only at a duly 6 noticed meeting of the board held subsequent to the 7 meeting at which the findings and recommendations of 8 the investigation were presented to the board;or 9 (2)Present,discuss,or negotiate any position which 10 the board has adopted at a meeting of the board;provided 11 that the assignment is made and the scope of each members 12 authority is defined at a meeting of the board prior to the 13 presentation,discussion,or negotiation.14 (c)Discussions between two or more members of a board,15 but less than the number of members which would constitute a 16 quorum for the board,concerning the selection of the board’s 17 officers may be conducted in private without limitation or 18 subsequent reporting.19 (d)Board members present at a meeting that must be 20 canceled for lack of quorum or terminated pursuant to section 21 92—3.5(c)may nonetheless receive testimony and presentations on
Page3 B rio.1 items on the agenda and question the testifiers or presenters;2 provided that:3 (1)Deliberation or decisionmaking on any item,for 4 which testimony or presentations are received,occurs only 5 at u duly noticed meeting of the board held subsequent to 6 the meeting at which the testimony and presentations were.7 received;8 (2)The members present shall create a record of the 9 oral testimony or presentations in the same manner as would 10 be required by section 92—9 for testimony or presentations 11 heard during a meeting of the board;and 12 (3)Before its deliberation or decisionmaking at a 13 subsequent meeting,the board shall:14 (A)Provide copies of the testimony and 15 presentations received at the canceled meeting to all 16 members of the board;and 17 (B)Receive a report by the members who were 18 present at the canceled or terminated meeting about 19 the testimony and presentations received.20 (e)Two or more members of a board,but less than the 21 number of members which would constitute a quorum for the board,
Page4 B I\iO.1 may attend an informational meeting or presentation on matters 2 relating to official board business,including a meeting of 3 another entity,legislative hearing,convention,seminar,or 4 community meeting;provided that the meeting or presentation is 5 not specifically and exclusively organized for or directed 6 toward members of the board.The board members in attendance 7 may participate in discussions,including discussions among 8 themselves;provided that the discussions occur during and as 9 part of the informational meeting or presentation;and provided 10 further that no commitment relating to a vote on the matter is 11 made or sought.12 At the next duly noticed meeting of the board,the board 13 members shall report their attendance and the matters presented 14 and discussed that related to official board business at the 15 informational meeting or presentation.16 (f)Discussions between the governor and one or more 17 members of a board may be conducted in private without 18 limitation or subsequent reporting;provided that the discussion 19 does not relate to a matter over which a board is exercising its 20 adjudicatory function.
B rio.1 (g)Discussions between two or more members of a board and 2 the head of a department to which the board is administratively 3 assigned may be conducted in private without limitation;4 provided that the discussion is limited to matters specified in 5 section 26—35.6 (h)Communications,interactions,discussions,7 investigations,and presentations described in this section are 8 not meetings for purposes of this part.9 (i)Members of a county council may jointly attend and 10 speak at a community,educational,or informational meeting or 11 presentation of another entity,including a legislative hearing,12 convention,seminar,conference,forum,debate,or community 13 association meeting,notwithstanding subsection (e)14 SECTION 2.Statutory material to be deleted is bracketed 15 and in strikethrough.New statutory material is underscored.16 SECTION 3.This Act shall take effect upon its approval.17 18 INTRODUCED BY: