Say bill seeks to darken Sunshine Law

Reed Flickinger | West Hawaii Today

It’s less than a full sentence, but it changes the future and nature of Hawaii politics: “provided that ‘board’ shall not include the legislative bodies of the counties of this State.”

Succinctly, the state Legislature seeks to do with House Bill 2742 for the counties what it has done for itself: exempt the county councils statewide from the Hawaii Sunshine Law. What it would do for the counties — and what the Legislature itself practices — is allow decisions, debate and direction to be undertaken before there is any public deliberation.

This is a great blow against the residents of this state and each island and slams the door of open government shut in the faces of constituents.

Should you believe county government (as well as state government) operates on your behalf, not that of special interest, and in complete honesty, fairness and virtue, stop reading here and put your head back in the sand.

However, should you find it not only advisable but necessary to check on government and view its antics and activity with a healthy dose of skepticism, this measure, HB2742, should have you seething with anger and insult.

It is House Speaker Calvin Say’s misguided attempt to address state attorney general’s opinion 86-5, which clearly held that interpretation of “board” (within the Sunshine Law) as excluding county council would be inconsistent with policy and intent of Sunshine Law.

Say clearly knows the intent of the Sunshine Law — and now seeks to render it ineffective with this bill he introduced “by request.”

Hawaii’s Sunshine Law, which falls under HRS Chapter 92, is often referred to as an “open records” law. Its intent, which is continually under attack and erosive efforts, is to protect the public’s right to know what its government is doing and to ensure, whenever possible, that government deliberations and actions are held within the public arena, with ample public notice, that records are available for review and that the door to government activity and work product is legally propped open to the public and to the media.

Media are mentioned here not because they are subject to special or unique regulation; media have the same levels of access to government records and meetings as does the public. What differs, however, is the role the media play in reporting those records and acting on behalf of the public and communities, in the active role as watchdogs of government actions and activities.

Now Say has, with one simple clause, redefined government in Hawaii and has attempted to turn out the lights on open government. For this, he should be ashamed. For this, we who do not blindly trust and believe in the beneficence of government, are offended.

Imagine any county council, not Hawaii Island’s alone, considering a tax increase or a new measure. Disregard whether that measure might be construed as popular or unpopular. The majority members of that body could meet, over drinks — and to be appropriately adjectival here, behind the closed doors of a smoke-filled room — to discuss the details of the measure and how to make it pass. All the debate that to date has unraveled before the public would now transpire before the full deliberative body convenes. And when they do, they will take testimony from the public (provided the public knew the meeting was to be held, because ample required meeting notice, too, may be a thing of the past). Many already say public testimony is met with little regard by elected officials. Imagine how so that would be if it is to be heard after their decisions are made. The council members would then have little to discuss, since their deliberations were possibly concluded days ago. And the vote is cast.

The result of that vote and the result of this bill: Government would now belong solely to special interests and lobbyists and the public be damned. The Legislature, which contemptibly exempted itself from the codicils of the Sunshine Law, will now have graced our county councils with this same dark cloak of invisibility. What a wonderful means to instill confidence in the governmental processes. And our near-single-party Legislature fancies itself “liberal” Democrats?

Introduced and passed on first reading Jan. 25, HB2742 will be heard today at 2 p.m. in the Judiciary Committee.

If your head has been in the sand, keep it there. Otherwise, hit your computer and share your sense of betrayal with Rep. Say (repsay@capitol.hawaii.gov); Judiciary Committee Chairman Gilbert S.C. Keith-Agaran (repkeithagaran@capitol.hawaii.gov ); committee members and Big Island Reps. Robert Herkes (repherkes@capitol.hawaii.gov) and Clift Tsuji (reptsuji@capitol.hawaii.gov).

Don’t let this reprehensible measure move because it is a major move against open government and your right of access to government. The best thing that could happen to this bill is a swift death at the hands of those honest and responsible enough to support open and accountable government in Hawaii.

rflickinger@westhawaiitoday.com