Senate bill would allow closed county meetings

Advertiser Staff

County councils will no longer have to abide by the state open-meetings law, under a bill moving in the Senate.

Yesterday was the 23rd day of the 60-day session.

Government watchdog groups and others oppose the measure, saying it will cut the public out of the process. Jean Aoki, legislative chairwoman of the League of Women Voters, said the open meetings law, dubbed the "sunshine law," ensures that "decisions are made in the open (and) the reasons for those decisions are understandable to the public."

"The reason this (law) put in some of the restrictions of people gathering together to discuss the items on the agenda was to prevent decisions being made behind closed doors, and then the public meeting just being a pro forma thing.

"When I first saw the bill, I said 'What?' " she said. "What are we doing, killing democracy?"

All nine members of the Honolulu City Council have endorsed Senate Bill 314, saying they should be treated equally to the state Legislature, which is exempt from the state open-meetings law.

In a letter to Committee Chairman Cal Kawamoto, D-18th (Waipahu, Crestview, Pearl City), who introduced the bill, the council said it would continue to operate within the spirit and intent of the law but that recent interpretations of the law has "consistently narrowed the flexibility of the county councils."

The council said opinions from the state Office of Information Practices stated that more than two councilmembers cannot discuss procedural matters during a recess of a public council meeting and that the council cannot require testifiers to register in advance of a meeting.

The committee report attached to the bill said the "committee finds that application of the Sunshine law with respect to counties can be unduly burdensome." But it said there appears to be confusion regarding the actual requirements of the sunshine law, and said it will pass the measure "for purposes of further discussion."