Regents told to open meetings
By Beverly Creamer
Advertiser Education Writer
The University of Hawai'i Board of Regents has been warned by a state watchdog agency entrusted with openness in government that it has been violating state sunshine laws.
In two letters addressed to the regents before its November meeting, Leslie H. Kondo, director of the Office of Information Practices in the Lieutenant Governor's Office, advised the board to cancel its November meeting — or make wholesale changes in the agenda to reflect required transparency.
"The purpose of an agenda is to advise the public about matters they're going to talk about, so the public can decide if they want to participate," said Kondo.
However, Deputy Attorney General Charleen M. Aina proposed that the regents postpone items in question rather than canceling the whole meeting.
The regents ignored Kondo's original request to cancel the meeting, but did follow Aina's suggestion to postpone items being questioned by the OIP, the state agency charged with ensuring public access to government information.
"We accommodated OIP's request by deferring the actions they questioned," said board attorney Walter Kirimitsu.
"I don't think it's a violation," Kirimitsu continued. "It's a difference in interpretation."
OIP's review of the regents' compliance with Hawai'i's sunshine law came at the request of Sen. Les Ihara Jr. D-9th (Kapalama, Kaimuki, Palolo), who said he's received complaints "about too many meetings being held in private, items taken up unexpectedly, and vague descriptions on the agenda" at regents' meetings.
"There are some people's beliefs that there are some discussions in private that don't have to be in private," said Ihara.
Ihara said his concern is not in punishing the board but in bringing all government agencies "up to speed" so they know what is expected in terms of proper public access to information.
"A lot of it is just not understanding the sunshine laws," he said.
Kondo had questioned why the board listed only "gifts, grants and contracts" on the agenda, without delineating further details. He also questioned why there wasn't more information regarding personnel actions, in particular who is affected and what position is involved.
"You need to tell me who you're talking about," said Kondo.
Kirimitsu said that at the next board meeting in January, regents would indeed list all in detail — an undertaking that could lengthen the agenda by 30 to 40 pages.
"My advice to the board was 'Hey, let's go on with life and if OIP thinks we should revise the agenda, why don't we accommodate them and do what they think rather than make a big argument over it," said Kirimitsu.
Kondo also questioned why two board committees were immediately going into private "executive session" without offering any explanation of what was being discussed or giving board members a chance to vote on whether or not the session should be made private.
Kirimitsu said those two committee meetings were canceled, and changes would be made to reflect OIP concerns.
In a more general complaint about actions by the regents, Kondo questioned why minutes of executive sessions have not been made public once the reason for privacy concerns has passed.
Reach Beverly Creamer at bcreamer@honoluluadvertiser.com or 525-8013.
