All nine members of the County Council on Wednesday embraced a resolution seeking changes to the state Sunshine Law, even though most of the details remain unclear.
Resolution 238 simply states it supports “the addition of an item titled ‘amending the Sunshine Law, Part I of Chapter 92, Hawaii Revised Statues, to enhance the capacity of County Councils to develop effective public policy while assuring transparency and citizen participation in local government’ for inclusion in the 2022 Hawaii State Association of Counties Legislative Package.”
Hamakua Councilwoman Heather Kimball, HSAC secretary and sponsor of the resolution, said she wanted to beat a December deadline to ensure a Sunshine Law measure is included in the HSAC bill package to the state Legislature. The current measure is unspecific, she said, because negotiations are ongoing, and she preferred “leaving the container open enough” so all the parties could offer solutions.
“None of it has to do with reducing transparency,” Kimball said. “It’s more about clarifying the guardrails.”
For example, Kimball said, suggestions thus far include requiring 24-hour advance access of board materials for meetings, greater clarity on board members texting and speaking to each other in chat during Zoom meetings and teleconference meetings with members who are out of state.
Council members had several ideas about making the state open meetings law more flexible, and it allow quicker reactions from the council, especially in supporting or opposing bills going through the Legislature.
Hilo Councilman Aaron Chung said he’s taken a lot of heat over the years for his opinions on the state law that he said hinders the council from doing its work. Allowing council members to meet with constituents and each other to hash out solutions prior to a council meeting is preferable to trying to reach agreement during the meetings, he said.
“It’s very difficult to do that when everything is out there in the open,” Chung said. “there has to be something that allows the council to really work together so I’m supportive in concept but I wish there were more particulars here.”
Chung said at minimum, the law should allow what he called “minute resolutions,” supporting or opposing measures moving through the state Legislature. Such a resolution could be drafted and submitted by one council member and circulated to the other members for their signatures prior to submitting as testimony to the Legislature. That would ensure a timely action and better serve constituents, he said.
Kohala Councilman Tim Richards agreed.
“If we can’t respond quickly, that’s problematic for us,” Richards said.
The state association of counties and especially Maui County Council members have been trying to loosen county Sunshine Law requirements for years. A bill introduced by Maui and Oahu senators that would have allowed the state’s four county councils to recess and discuss matters in private before voting met a hasty demise in the Legislature earlier this year.
One good government advocacy group wanted to be assured this year will be different.
“The League of Women Voters of Hawaii County commends the councils in all counties for adhering to the Sunshine laws. The laws give the public they represent a better understanding of council’s work and more opportunities to have their voices heard,” League of Women Voters Hawaii County President Helen Hemmes said in testimony. “We are opposed to exempting governmental agencies, including state agencies and committees and county councils, from the Sunshine laws.”
