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The Honolulu Advertiser
Posted on: Wednesday, November 2, 2005

Maui still undecided on Sunshine Law exemption

By Christie Wilson
Advertiser Neighbor Island Editor

WAILUKU, Maui — Maui County Council members agree the state's Sunshine Law can be confusing, but most appeared hesitant yesterday to exempt the council from the open-government regulations.

The state's four county councils are considering whether to support a Sunshine Law exemption for councils as part of the Hawai'i State Association of Counties' legislative package for the 2006 legislative session.

The Legislature exempted itself from the rules, which restrict discussion of matters under consideration by government panels to public forums and require adequate public notice of meetings. Some county-level officials want the same status because they say the Sunshine Law is "detracting from their effectiveness," according to a written justification of the exemption submitted by Maui Council Chairman G. Riki Hokama.

The Maui council's Committee of the Whole deferred action on the proposal yesterday. A Honolulu City Council committee voted last week to approve a resolution in support of the exemption, and the full council will vote on the issue Nov. 9, the same day the Hawai'i County Council discusses the matter. The Kaua'i council will take it up tomorrow.

All four county councils must agree to support the exemptions for it to be included in the HSAC package.

In remarks after the Maui committee meeting, Hokama said he is bothered by inconsistencies in opinions from the state Office of Information Practices, which interprets and enforces the Sunshine Law, and would like to see the agency issue more "practical and reasonable" rulings that take into account the real-life effects on county operations.

He said he has spoken with Kaua'i Council Chairman Kaipo Asing and other council leaders statewide about their frustrations in trying to comply with the provisions of the Sunshine Law while performing their duties.

Kaua'i is engaged in a court battle with the OIP over whether to make public minutes of a council executive session in which a possible investigation of the Kaua'i Police Department was discussed.

Honolulu council members also have been sparring with the OIP.

Maui Councilwoman Michelle Anderson suggested the push for an exemption is "a personal vendetta" against OIP chief Les Kondo. "We aren't having any problems with the OIP. ... It's only Kaua'i and Honolulu who have a problem because they are violating the law, and they're being called on it," she said.

Councilman Dain Kane of Wailuku said he also would not favor an exemption. He said the desire for efficiency in government often conflicts with democratic needs to keep the public informed and to conduct business in an open manner. The council's job isn't necessarily to react quickly when confronted with issues, Kane said, but to "deliberate and think things through."

Other council members favored tweaking the Sunshine Law to address concerns instead of seeking a full exemption.

Three Maui residents who testified against the exemption yesterday said they don't trust government panels to represent their interests in private, particularly in dealings with developers. Pat Borge said it's difficult enough for working people to keep track of council activities, and any change in the Sunshine Law would make it that much more challenging.

"I don't think you have anything to hide if you're an honest politician," he said.

Kondo acknowledged yesterday that the law's rules are often misunderstood, but said his office and county attorneys are available to provide guidance.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.