honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Wednesday, October 26, 2005

Council seeks looser closed-meeting rules

 •  Special project: Sunshine Week: Your right to open government
 •  Kaua'i council minutes secret till courts decide

By Robbie Dingeman
Advertiser Staff Writer

HAVE YOUR SAY

City Council

Phone: 547-7000

Fax: 523-4220

e-mail addresses:

Todd Apo:

tapo@honolulu.gov

Romy Cachola:

rcachola@honolulu.gov

Donovan Dela Cruz:

dmdelacruz@honolulu.gov

Charles Djou:

cdjou@honolulu.gov

Nestor Garcia:

ngarcia@honolulu.gov

Ann Kobayashi:

akobayashi@honolulu.gov

Barbara Marshall:

bmarshall@honolulu.gov

Gary Okino:

gokino@honolulu.gov

Rod Tam:

rtam@honolulu.gov

Mailing address for all:

Honolulu Hale

530 S. King St.

Honolulu, HI 96813

spacer spacer

SUNSHINE OR GETTING THE JOB DONE?

The Honolulu City Council is considering a resolution that eventually would exempt county lawmakers from having to follow the open-government policies outlined in the state's Sunshine Law. The state Legislature exempted itself from that law years ago.

The Maui County Council proposed the change, saying that recent legal interpretations by the state Office of Information Practices have made it difficult for the councils to carry out their duties effectively.

The resolution says the councils would substitute other provisions that would protect the public's right to know. It says the council intends "to establish open-meeting provisions that protect the public's right to be informed about and participate in decision-making yet not unduly hinder effective council operations."

For the Legislature to even consider the change, all four county councils would have to approve the proposal.

spacer spacer

The City Council is moving forward on a proposal that aims to exempt the four county councils from the state's open-government statute — known as the Sunshine Law — and allow each to make its own rules on open meetings instead, a move opposed by open-government advocates.

The Maui County Council proposed the change, saying it would provide equal treatment with the state Legislature and make the decision-making process less cumbersome and complicated.

Kalihi Valley Neighborhood Board Chairman Bill Woods spoke against the plan yesterday. So did attorney Les Kondo, director of the state Office of Information Practices, which oversees and interprets the open-government rules.

Woods said that public discussion of government policy is critical to good and open decision-making. The open-meetings law basically spells out such requirements as the amount of public notice given before a meeting, requires that decision-making be done publicly and prohibits secret meetings of more than two panel members talking about an issue before the body.

"This is very broad, and it just opens the door to all kinds of abuse," Woods said.

Kondo said: "You folks are doing the wrong thing for the wrong reason."

But council members argued that the law is being interpreted so strictly by Kondo's office that it prevents appropriate discussion and makes government less efficient.

The full City Council is scheduled to vote on the proposal Nov. 9 after the Planning and Intergovernmental Affairs Committee yesterday approved a resolution that would change the rules for open meetings, meeting notices and other requirements for government boards and commissions.

Committee Chairman Romy Cachola emphasized that the proposal has a long way to go before the law could change. It would require the approval of all four county councils — Honolulu, Maui, Kaua'i and Hawai'i — then go to the Legislature, where lawmakers would have to approve the idea as well.

State lawmakers enacted the open-government law decades ago but exempted themselves from its requirements.

Councilman and former television journalist Nestor Garcia opposed making the councils exempt from the law. As a former state lawmaker, he said, he has dealt with decision-making openly and behind closed doors. And he prefers to keep the council abiding by the Sunshine Law and "proceed with the people's business with the law at our side."

Councilwoman Ann Kobayashi, who leads the council Budget Committee, said she favors open meetings but sometimes finds herself prevented from discussing details of certain legislative issues by the law.

She pointed to the lengthy public discussions during the city budget process, which involves hundreds of pages of documents and millions of dollars. "We all like public hearings and we have many of them," she said.

But Kobayashi said she finds herself barred from double-checking some details with the members closest to a community because of the law. With so many details, she said, "I think I may put the wrong swimming pool in the wrong place."

Councilwoman Barbara Marshall said she and the other council members believe that the current law is being so strictly interpreted that it's making government less efficient and complicating discussions.

As a former television journalist who worked for decades advocating the people's right to know, Marshall said, she does not wish to erode open government. "Nothing is intended to shut the people out," she said.

Marshall said the proposal to exempt all county councils is too broad but demonstrates the council's frustration with the current strict interpretation of the law.

She said Kondo's office once ruled that council members couldn't get together to discuss their own Christmas party but later rescinded that opinion.

"The problem we have is that everything is in the interpretation," she said.

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.