Hawaii's Sunshine Law

All locations where non-disabled board members will be present must be listed on the meeting notice and open to the public.

A board member with a permanent or temporary disability may participate using both audio and visual connections from a private location that is not open to the public, so long as the member identifies the general location and any persons present with the member.

If audio communication cannot be maintained at all meeting locations, then the meeting must be terminated, even if a quorum of board members is physically present in one location.

A board must provide an “additional” location for the public to be able to participate upon request even if no board member will be participating from that site, and if the audio or video connection is lost at the “additional” site, the board must cancel its meeting.

The members of the board recorded as either present or absent, and the times when individual members entered or left the meeting

A detailed summary giving the substance of the board members’ discussion of all matters proposed, discussed, or decided at the meeting.

A record, including the vote by member, of motions and votes made by the board.

A time stamp or other reference indicating when in the recording the board began discussion of each agenda item and when each motions and votes was made by the board.

A board cannot limit public testimony.

A board can limit public testimony to items on the board’s agenda.

Upon a 2/3 vote of all members present, a board can limit public testimony on an agenda item to one specific aspect of that agenda item, as described in the board’s motion to limit testimony.

A board can limit oral testimony to only those persons who have not testified on the issue at a previous meeting.

The board must send a notification to everyone on its postal or email list that the board packet is available for public inspection in the board’s office.

The board must send a copy of the board packet to everyone on its postal or email list via postal mail or email, as applicable.

As soon as practicable, the board must accommodate requests for electronic access to the board packet, which can be by email or by posting the packet online on the board’s or department’s website.

The Sunshine Law allows for greater redactions of board packets than the Uniform Information Practices Act, which is Hawaii’s open records law, chapter 92F, Hawaii Revised Statutes.

The item for discussion in executive session must be on the meeting agenda.

The board must allow public testimony on the executive session item.

At least two-thirds of the board members present must vote to go into executive session, and the votes in favor must also equal a majority of the total number of members to which the board is entitled.

As long as there is a quorum, at least two-thirds of the board members present must vote to go into executive session.

Two-thirds of all members to which the board is entitled must vote in favor of changing the agenda.

The item added must not be of reasonably major importance and the board’s action on it cannot affect a significant number of persons.

So long as no action is taken on the new item, the board can add it to the agenda with a unanimous vote in the public portion of the meeting.

The board can decide to put the item on the agenda for a future meeting and provide at least six days’ advance notice of the meeting.

To consult with the board’s attorney on questions and issues pertaining to the board’s powers, duties, privileges, immunities, and liabilities.

To discuss matters that would cause embarrassment to any person.

To discuss personnel issues where individual privacy is involved.

To investigate proceedings regarding criminal misconduct.

The board reasonably anticipates that all items will be considered in executive session.

An emergency or an unanticipated event requires the board to take action in less than six days, and the board has followed emergency meeting procedures.

Both of the options above are correct.

A board cannot file its notice less than six days before the date of a meeting in any circumstances.

The board can only do this by noticing the workshop as a meeting and following the requirements for notice, agenda, and public attendance and testimony.

The board can announce at a prior meeting that it will attend the workshop and report back at a later meeting.

The board can hold this as a limited meeting.

The board cannot do this.