Kaua'i sues to keep a council meeting secret
By Jan TenBruggencate
Advertiser Kaua'i Bureau
LIHU'E, Kaua'i — The Kaua'i County Council has filed a lawsuit against the state Office of Information Practices over its insistence that the council make public portions of the minutes from a Jan. 20 closed session to discuss an investigation of the Kaua'i Police Department.
The OIP reviewed the minutes and concluded that much of the discussion did not qualify for being kept secret and included matters other than those that were given as the reason for the closed-door session.
The executive session was called to discuss whether the council should investigate the police department and to review with the county attorney the legal issues surrounding such an investigation.
The council claims all the discussions were protected under attorney-client privilege.
County Attorney Lani Nakazawa filed documents Friday in 5th Circuit Court asking that a judge invalidate the OIP's order to release the closed-session minutes and for an injunction to prevent the OIP from enforcing its order.
Nakazawa reiterated positions she expressed earlier in an exchange of letters and faxes with OIP director Leslie Kondo that said the office's positions on executive sessions are not clear and do not accurately reflect the law.
In his most recent communication with county officials on Friday, after the county argued for a compromise, Kondo said his office could not compromise the public's right to know.
Richard Stauber, a regular at County Council meetings who had asked for copies of the minutes, questioned whether the council had something to hide.
"It is my sincere desire to try and resolve this issue in a way that upholds the council's sworn duties to comply with the requirements of the Sunshine Law as well as to allow us to carry out our legislative oversight responsibilities so that we can do the best job for our community," Council Chairman Bill "Kaipo" Asing said.
Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.
