The Sunshine Law is Hawaii’s open meetings law. It
governs the manner in which all state and county boards must conduct
their official business. The Sunshine Law is codified at part I
of chapter 92, Hawaii Revised Statutes.
Visit the State
Calendar to view meeting notices of State boards and commissions.
Please note: the State Calendar is maintained
by the Department of Accounting and General Services.
Sunshine Law Guide:
OIP has prepared a guide to the Sunshine Law, which
may be downloaded in pdf or word format below.
This guide is intended to be a reference tool for
board members and members of the public in understanding Hawaii’s
Sunshine Law.
We have attempted to present the law in “plain English,”
through the types of questions that are most frequently asked. We
have also included a flowchart regarding executive meetings and
a checklist for notices that are intended to provide additional
tools to aid your understanding and compliance with the Sunshine
Law.
Two Acts Signed into
Law in 2008:
Click on the links for official copies of the
two new acts affecting the Sunshine Law:
- Act
20 - amending limited meetings provision (§ 92-3.1) to
allow closed meeting where public attendance is not practicable
- Act
153 - creating special Sunshine Law exceptions for neighborhood
boards
This is an unofficial copy of part 1 of chapter 92, Hawaii Revised
Statutes, containing all amendments enacted through the Legislature's
2008 regular and special sessions. The official text of chapter
92 can be found in the Hawaii Revised Statutes and the 2008 Cumulative
Supplement.
Hawaii Revised Statues
CHAPTER 92
PUBLIC AGENCY MEETINGS AND RECORDS
PART I. MEETINGS
SECTION
92-1 DECLARATION OF POLICY AND INTENT
92-1.5 ADMINISTRATION OF THIS PART
92-2 DEFINITIONS
92-2.5 PERMITTED INTERACTIONS OF MEMBERS
92-3 OPEN MEETINGS
92-3.1 LIMITED MEETINGS
92-3.5 MEETING BY VIDEOCONFERENCE; NOTICE; QUORUM
92-4 EXECUTIVE MEETINGS
92-5 EXCEPTIONS
92-6 JUDICIAL BRANCH, QUASI-JUDICIAL BOARDS AND INVESTIGATORY
FUNCTIONS; APPLICABILITY
92-7 NOTICE
92-8 EMERGENCY MEETINGS
92-9 MINUTES
92-10 LEGISLATIVE BRANCH; APPLICABILITY
92-11 VOIDABILITY
92-12 ENFORCEMENT
92-13 PENALTIES
PART I. MEETINGS
§92-1
Declaration of policy and intent. In a democracy, the people
are vested with the ultimate decision-making power. Governmental
agencies exist to aid the people in the formation and conduct of
public policy. Opening up the governmental processes to public scrutiny
and participation is the only viable and reasonable method of protecting
the public's interest. Therefore, the legislature declares that
it is the policy of this State that the formation and conduct of
public policy - the discussions, deliberations, decisions, and action
of governmental agencies - shall be conducted as openly as possible.
To implement this policy the legislature declares that:
(1) It is the intent of this part to protect the people's
right to know;
(2) The provisions requiring open meetings shall be
liberally construed; and
(3) The provisions providing for exceptions to the
open meeting requirements shall be strictly construed against closed
meetings. [L 1975, c 166, pt of §1]
§92-1.5
Administration of this part. The director of the office of
information practices shall administer this part. The director shall
establish procedures for filing and responding to complaints filed
by any person concerning the failure of any board to comply with
this part. The director of the office of information practices shall
submit an annual report of these complaints along with final resolution
of complaints, and other statistical data to the legislature, no
later than twenty days prior to the convening of each regular session.
[L 1998, c 137, §2]
§92-2
Definitions. As used in this part:
(1) "Board" means any agency, board, commission,
authority, or committee of the State or its political subdivisions
which is created by constitution, statute, rule, or executive order,
to have supervision, control, jurisdiction or advisory power over
specific matters and which is required to conduct meetings and to
take official actions.
(2) "Chance meeting" means a social or informal
assemblage of two or more members at which matters relating to official
business are not discussed.
(3) "Meeting," means the convening of a
board for which a quorum is required in order to make a decision
or to deliberate toward a decision upon a matter over which the
board has supervision, control, jurisdiction, or advisory power.
[L 1975, c 166, pt of §1; am L 1976, c 212, §1]
§92-2.5
Permitted interactions of members. (a) Two members of a board
may discuss between themselves matters relating to official board
business to enable them to perform their duties faithfully, as long
as no commitment to vote is made or sought and the two members do
not constitute a quorum of their board.
(b) Two or more members of a board, but less than
the number of members which would constitute a quorum for the board,
may be assigned to:
(1) Investigate a matter relating to the official
business of their board; provided that:
(A) The scope of the investigation and the scope of
each member's authority are defined at a meeting of the board;
(B) All resulting findings and recommendations are
presented to the board at a meeting of the board; and
(C) Deliberation and decisionmaking on the matter
investigated, if any, occurs only at a duly noticed meeting of the
board held subsequent to the meeting at which the findings and recommendations
of the investigation were presented to the board; or
(2) Present, discuss, or negotiate any position which
the board has adopted at a meeting of the board; provided that the
assignment is made and the scope of each member's authority is defined
at a meeting of the board prior to the presentation, discussion
or negotiation.
(c) Discussions between two or more members of a board,
but less than the number of members which would constitute a quorum
for the board, concerning the selection of the board's officers
may be conducted in private without limitation or subsequent reporting.
(d) Discussions between the governor and one or more
members of a board may be conducted in private without limitation
or subsequent reporting; provided that the discussion does not relate
to a matter over which a board is exercising its adjudicatory function.
(e) Discussions between two or more members of a board
and the head of a department to which the board is administratively
assigned may be conducted in private without limitation; provided
that the discussion is limited to matters specified in section 26-35.
(f) Communications, interactions, discussions. investigations,
and presentations described in this section are not meetings for
purposes of this part. [L 1996, c 267, §2; am L 2005, c 84,
§1]
§92-3
Open meetings. Every meeting of all boards shall be open
to the public and all persons shall be permitted to attend any meeting
unless otherwise provided in the constitution or as closed pursuant
to sections 92-4 and 92-5; provided that the removal of any person
or persons who wilfully disrupts a meeting to prevent and compromise
the conduct of the meeting shall not be prohibited. The boards shall
afford all interested persons an opportunity to submit data, views,
or arguments, in writing, on any agenda item. The boards shall also
afford all interested persons an opportunity to present oral testimony
on any agenda item. The boards may provide for reasonable administration
of oral testimony by rule. [L 1975, c 166, pt of §1; am L 1985,
c 278, §1]
§92-3.1
Limited meetings. (a) If a board determines that it is necessary
to meet at a location that is dangerous to health or safety, or
if a board determines that it is necessary to conduct an
on-site inspection of a location that is related to the board's
business at which public attendance is not practicable, and the
director of the office of information practices concurs, the board
may hold a limited meeting at that location that shall not be open
to the public; provided that at a regular meeting of the board prior
to the limited meeting:
(1) The board determines, after sufficient public
deliberation, that it is necessary to hold the limited meeting and
specifies the reasons for its determination that the location is
dangerous to health or safety or that the on-site inspection is
necessary and public attendance is impracticable;
(2) Two-thirds of all members to which the board is
entitled vote to adopt the determinations required by paragraph
(1); and
(3) Notice of the limited meeting is provided in accordance
with section 92-7.
(b) At all limited meetings, the board shall:
(1) Videotape the meeting, unless the requirement
is waived by the director of the office of information practices,
and comply with all requirements of section 92-9;
(2) Make the videotape available at the next regular
meeting; and
(3) Make no decisions at the meeting. (L 1995, c 212,
§1; am L 2008, c20, §1]
§92-3.5
Meeting by videoconference; notice; quorum. (a) A board may
hold a meeting byvideoconference; provided that the videoconference
system used by the board shall allow both audio and visual interaction
between all members of the board participating in the meeting and
the public attending the meeting, at any videoconference location.
The notice required by section 92-7 shall specify all locations
at which board members will be physically present during a videoconference
meeting. The notice shall also specify that the public may attend
the meeting at any of the specified locations.
(b) Any board member participating in a meeting by
videoconference shall be considered present at the meeting for the
purpose of determining compliance with the quorum and voting requirements
of the board.
(c) A meeting held by videoconference shall be terminated
if, after the meeting convenes, both the audio and video communication
cannot be maintained with all locations where the meeting is being
held, even if a quorum of the board is physically present in one
location; provided that a meeting may be continued by audio communication
alone, if:
1. All visual aids required by, or brought to the
meeting by board members or members of the public have already been
provided to all videoconference locations where the meeting is held;
or
2. Participants are able to readily transmit visual
aids by some other means (e.g., fax copies), to all other meeting
participants at all other videoconference locations where the meeting
is held. If copies of visual aids are not available to all meeting
participants at all videoconference location where the meeting is
held, those agenda items related to the visual aids shall be deferred
until the next meeting; and
3. No more than fifteen minutes shall elapse in implementing
the requirements listed in paragraph (2). [L 1994, c 121, §1;
am L 2000, c 284, §2; am L 2006, c 152, §1]
§92-4
Executive meetings. A board may hold an executive meeting
closed to the public upon an affirmative vote, taken at an open
meeting, of two-thirds of the members present; provided the affirmative
vote constitutes a majority of the members to which the board is
entitled. A meeting closed to the public shall be limited to matters
exempted by section 92-5. The reason for holding such a meeting
shall be publicly announced and the vote of each member on the question
of holding a meeting closed to the public shall be recorded, and
entered into the minutes of the meeting. (L 1975, c 166, pt of §1;
am L 1985, c 278, §2]
§92-5
Exceptions. (a) A board may hold a meeting closed to the
public pursuant to section 92-4 for one or more of the following
purposes:
(1) To consider and evaluate personal information
relating to individuals applying for professional or vocational
licenses cited in section 26-9 or both;
(2) To consider the hire, evaluation, dismissal, or
discipline of an officer or employee or of charges brought against
the officer or employee, where consideration of matters affecting
privacy will be involved; provided that if the individual concerned
requests an open meeting, an open meeting shall be held;
(3) To deliberate concerning the authority of persons
designated by the board to conduct labor negotiations or to negotiate
the acquisition of public property, or during the conduct of such
negotiations;
(4) To consult with the board's attorney on questions
and issues pertaining to the board's powers, duties, privileges,
immunities, and liabilities;
(5) To investigate proceedings regarding criminal misconduct;
(6) To consider sensitive matters related to public
safety or security;
(7) To consider matters relating to the solicitation and acceptance
of private donations; and
(8) To deliberate or make a decision upon a matter
that requires the consideration of information that must be kept
confidential pursuant to a state or federal law, or a court order.
(b) In no instance shall the board make a decision
or deliberate toward a decision in an executive meeting on matters
not directly related to the purposes specified in subsection (a).
No chance meeting, permitted interaction, or electronic communication
shall be used to circumvent the spirit or requirements of this part
to make a decision or to deliberate toward a decision upon a matter
over which the board has supervision, control, jurisdiction, or
advisory power. [L 1975, c 166, pt of §1; am L 1985, c 278,
§3; gen ch 1985; am L 1996, c 267, §3; am L 1998, c 48,
§1; am L 1999, c 49, §1]
[§92-6 AMENDED. "Criminal injuries compensation
commission" changed to "crime victim compensation commission".
L 1998, c 240, §6.]
§92-6 Judicial branch,
quasi-judicial boards and investigatory functions; applicability.
(a) This part shall not apply:
(1) To the judicial branch.
(2) To adjudicatory functions exercised by a board
and governed by sections 91-8 and 91-9, or authorized by other sections
of the Hawaii Revised Statutes. In the application of this subsection,
boards exercising adjudicatory functions include, but are not limited
to, the following:
(A) Hawaii labor relations board, chapters 89 and
377;
(B) Labor and industrial relations appeals board,
chapter 371;
(C) Hawaii paroling authority, chapter 353;
(D) Civil service commission, chapter 26;
(E) Board of trustees, employees' retirement system
of the State of Hawaii, chapter 88;
(F) Crime victim compensation commission, chapter
351; and
(G) State ethics commission, chapter 84.
(b) Notwithstanding provisions in this section to
the contrary, this part shall apply to require open deliberation
of the adjudicatory functions of the land use commission. (L 1975,
c 166, pt of §1; am L 1976, c 92, §8; am L 1985, c 25s1,
§11]
§92-7
Notice. (a) The board shall give written public notice of
any regular, special, or rescheduled meeting, or any executive meeting
when anticipated in advance. The notice shall include an agenda
which lists all of the items to be considered at the forthcoming
meeting, the date, time, and place of the meeting, and in the case
of an executive meeting the purpose shall be stated.
(b) The board shall file the notice in the office
of the lieutenant governor or the appropriate county clerk's office,
and in the board's office for public inspection, at least six calendar
days before the meeting. The notice shall also be posted at the
site of the meeting whenever feasible.
(c) If the written public notice is filed in the office
of the lieutenant governor or the appropriate countyclerk's office
less than six calendar days before the meeting, the lieutenant governor
or the appropriate county clerk shall immediately notify the chairperson
of the board, or the director of the department within which the
board is established or placed, of the tardy filing of the meeting
notice. The meeting shall be canceled as a matter of law, the chairperson
or the director shall ensure that a notice canceling the meeting
is posted at the place of the meeting, and no meeting shall be held.
(d) No board shall change the agenda, once filed,
by adding items thereto without a two-thirds recorded vote of all
members to which the board is entitled; provided that no item shall
be added to the agenda if it is of reasonably major importance and
action thereon by the board will affect a significant number of
persons. Items of reasonably major importance not decided at a scheduled
meeting shall be considered only at a meeting continued to a reasonable
day and time.
(e) The board shall maintain a list of names and addresses
of persons who request notification of meetings and shall mail a
copy of the notice to such persons at their last recorded address
no later than the time the agenda is filed under subsection (b).
[L 1975, c 166, pt of §1; am L 1976, c 212, §2; am L 1984,
c 271, §1; am L 1985, c 278, §4; am L 1995, c 13, §2]
§92-8
Emergency meetings. (a) If a board finds that an imminent
peril to the public health, safety, or welfare requires a meeting
in less time than is provided for in section 92-7, the board may
hold an emergency meeting provided that:
(1) The board states in writing the reasons for its
findings;
(2) Two-thirds of all members to which the board is
entitled agree that the findings are correct and an emergency exists;
(3) An emergency agenda and the findings are filed
with the office of the lieutenant governor or the appropriate county
clerk's office, and in the board's office; and
(4) Persons requesting notification on a regular basis
are contacted by mail or telephone as soon as practicable.
(b) If an unanticipated event requires a board to
take action on a matter over which it has supervision, control,
jurisdiction, or advisory power, within less time than is provided
for in section 92-7 to notice and convene a meeting of the board,
the board may hold an emergency meeting to deliberate and decide
whether and how to act in response to the unanticipated event; provided
that:
(1) The board states in writing the reasons for its
finding that an unanticipated event has occurred and that an emergency
meeting is necessary and the attorney general concurs that the conditions
necessary for an emergency meeting under this subsection exist;
(2) Two-thirds of all members to which the board is
entitled agree that the conditions necessary for an emergency meeting
under this subsection exist;
(3) The finding that an unanticipated event has occurred
and that an emergency meeting is necessary and the agenda for the
emergency meeting under this subsection are filed with the office
of the lieutenant governor or the appropriate county clerk's office,
and in the board's office;
(4) Persons requesting notification on a regular basis
are contacted by mail or telephone as soon as practicable; and
(5) The board limits its action to only that action
which must be taken on or before the date that a meeting would have
been held, had the board noticed the meeting pursuant to section
92-7.
(c) For purposes of this part, an "unanticipated
event" means:
(1) An event which members of the board did not have
sufficient advance knowledge of or reasonably could not have known
about from information published by the media or information generally
available in the community;
(2) A deadline established by a legislative body,
a court, or a federal, state, or county agency beyond the control
of a board; or
(3) A consequence of an event for which reasonably
informed and knowledgeable board members could not have taken all
necessary action. [L 1975, c 166, pt of §1; am L 1996, c 267,
§4]
§92-9
Minutes. (a) The board shall keep written minutes of all
meetings. Unless otherwise required by law, neither a full transcript
nor a recording of the meeting is required, but the written minutes
shall give a true reflection of the matters discussed at the meeting
and the views of the participants. The minutes shall include, but
need not be limited to:
(1) The date, time and place of the meeting;
(2) The members of the board recorded as either present
or absent;
(3) The substance of all matters proposed, discussed,
or decided; and a record, by individual member, of any votes taken;
and
(4) Any other information that any member of the board
requests be included or reflected in the minutes.
(b) The minutes shall be public records and shall
be available within thirty days after the meeting, except where
such disclosure would be inconsistent with section 92-5; provided
that minutes of executive meetings may be withheld so long as their
publication would defeat the lawful purpose of the executive meeting,
but no longer.
(c) All or any part of a meeting, of a board may be
recorded by any person in attendance by means of a tape recorder
or any other means of sonic reproduction, except when a meeting
is closed pursuant to section 92-4; provided the recording does
not actively interfere with the conduct of the meeting.
(L 1975, c 166, pt of §1]
§92-10
Legislative branch; applicability. Notwithstanding any provisions
contained in this chapter to the contrary, open meeting requirements,
and provisions regarding enforcement, penalties and sanctions, as
they are to relate to the state legislature or to any of its members
shall be such as shall be from time to time prescribed by the respective
rules and procedures of the senate and the house of representatives,
which rules and procedures shall take precedence over this part.
Similarly, provisions relating to notice, agenda and minutes of
meetings, and such other requirements as may be necessary, shall
also be governed by the respective rules and procedures of the senate
and the house of representatives. [L 1975, c 166, pt of §11]
§92-11
Voidability. Any final action taken in violation of sections
92-3 and 92-7 may be voidable upon proof of violation. A suit to
void any final action shall be commenced within ninety days of the
action. [L 1975, c 166, pt of §1; am L 2005, c 84, §2]
§92-12
Enforcement.
(a) The attorney general and the prosecuting attorney
shall enforce this part.
(b) The circuit courts of the State shall have jurisdiction
to enforce the provisions of this part by injunction or other appropriate
remedy.
(c) Any person may commence a suit in the circuit
court of the circuit in which a prohibited act occurs for the purpose
of requiring compliance with or preventing violations of this part
or to determine the applicability of this part to discussions or
decisions of the public body. The court may order payment of reasonable
attorney fees and costs to the prevailing party in a suit brought
under this section.
(d) The proceedings for review shall not stay the
enforcement of any agency decisions; but the reviewing court may
order a stay if the following criteria have been met:
(1) There is likelihood that the party bringing the
action will prevail on the merits;
(2) Irreparable damage will result if a stay is not
ordered;
(3) No irreparable damage to the public will result
from the stay order; and
(4) Public interest will be served by the stay order.
[L 1975, c 166, pt of §1; am L 1985, c 278, §5]
§92-13
Penalties. Any person who wilfully violates any provisions
of this part shall be guilty of a misdemeanor, and upon conviction,
may be summarily removed from the board unless otherwise provided
by law. [L 1975, c 166, pt of §1]
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