Hawaii's Sunshine Law

Question 1

A board can hold an in-person meeting with members attending from multiple locations through teleconference, videoconference, Skype, or using other interactive conference technology.  Which of the following items is not true:

Accepted Answer

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.

Answer

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

Answer

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.

Answer

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.

Question 2

A board packet must be made available for public inspection at the board’s office at the same time that it is distributed to board members and at least three full business days before the board’s meeting.  Which of the following items is not true?

Accepted Answer

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.

Answer

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.

Answer

As soon as practicable, the board must put the board packet on its website and accommodate requests for electronic access to it (such as emailing a copy).

Answer

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.

Question 3

True or False: A board must publicly report its discussion and any action taken in an executive session when it returns to public session.

Accepted Answer

true

Question 4

A board must keep either written minutes, or recorded minutes (an audio or audio-video recording) with a written summary. If the board chooses to keep recorded minutes, then which of the following is not required to be included in the written summary?

Accepted Answer

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

Answer

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

Answer

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

Answer

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.

Question 5

True or False: A meeting may be canceled if the meeting notice is not timely mailed or emailed to a person on the board’s notification list, regardless of whether it is intentional or due to the board’s clerical error.

Accepted Answer

true

Question 6

True or False: A board must keep minutes of executive meetings, with the same level of detail as required for public meeting minutes.

Accepted Answer

true

Question 7

True or False: When a board did not anticipate the need to discuss an item in an executive session closed to the public, so its agenda listed the item for its public session only, the board can still discuss the item in executive session if it announces the purpose for doing so and follows the voting and other requirements for going into executive session.

Accepted Answer

true

Question 8

A board can limit public testimony as follows:

Accepted Answer

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

Answer

A board cannot limit public testimony.

Answer

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.

Answer

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

Question 9

True or False: Board members can email each other about board business anytime there is less than a quorum of members copied on each email.

Accepted Answer

false

Answer

true

Question 10

True or False: When a board holds a remote meeting via an online meeting platform, with members and the public attending from private locations, the meeting notice must include the online meeting link(s) and at least one physical location that will connect to the online meeting.

Accepted Answer

true

Question 11

True or False:  When a board files its notice for a remote meeting, the public remote meeting link listed in the notice must be the same one used by the members and staff participating in the meeting.

Accepted Answer

false

Answer

true

Question 12

When a board holds an executive session closed to the public, which of the following is not true?

Accepted Answer

A majority of the board members present must vote to go into executive session.

Answer

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

Answer

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

Answer

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.

Question 13

To add an item to the agenda at a meeting, which of the following is not true?

Accepted Answer

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.

Answer

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

Answer

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

Answer

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.

Question 14

True or False:  By simply meeting the voting requirements to go into an executive session that will be closed to the public, a board can also amend the agenda to add executive session items.

Accepted Answer

false

Answer

true

Question 15

True or False:  Executive session minutes, which are taken in a meeting closed to the public, will never be disclosable to the public.

Accepted Answer

false

Answer

true

Question 16

True or False:  The Sunshine Law requires that minutes of meetings be posted online within 40 days after a meeting, but a board or commission may wait until it has formally approved the minutes at a subsequent meeting before posting them online.

Accepted Answer

false

Answer

true

Question 17

With proper notice and a vote in favor, what is not a proper reason for a board to go into a closed executive session?

Accepted Answer

To discuss matters that would cause embarrassment to any person.

Answer

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

Answer

To discuss personnel issues where individual privacy is involved.

Answer

To investigate proceedings regarding criminal misconduct.

Question 18

True or False: A board member is permitted to talk about an issue on the board's agenda to an unlimited number of people who are not members of that same board, including lobbyists and the board’s staff.

Accepted Answer

true

Question 19

A board can file its notice less than six days before the date of a meeting in which of the following circumstances:

Accepted Answer

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.

Answer

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

Answer

Both of the options above are correct.

Answer

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

Question 20

A board wants to hold an all-day workshop with presentations and break-out discussion sessions on an issue that is currently before the board.   How can the board do this in compliance with the Sunshine Law?

Accepted Answer

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.

Answer

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

Answer

The board can hold this as a limited meeting.

Answer

The board cannot do this.

Question 21

True or False:  A board can require members of the public attending or testifying at a meeting to sign in or identify themselves.

Accepted Answer

false

Answer

true

Question 22

True or False:  A board can adopt a rule setting a reasonable time limit for testimony.

Accepted Answer

true

Question 23

True or False:  Two board members can talk outside a meeting about any issue on the board’s agenda, so long as two members do not constitute a quorum, and provided that they do not make or seek a commitment to vote and do not include other board members in the discussion.

Accepted Answer

true

Question 24

True or False:  Board members participating in a remote meeting held via an online meeting platform are required to be audible, but are not required to be visible to the public.

Accepted Answer

false

Answer

true

Question 25

True or False:  A board holding a remote meeting via an online platform must generally record the meeting and post the recording online until the meeting minutes are posted in its place, but only when “practicable.”

Accepted Answer

true

Question 26

If the connection to a remote meeting is lost -- whether the whole meeting goes down due to a problem with the platform, the physical location is cut off, a separate public livestream or testimony connection listed in the notice goes down, or the board cannot keep a quorum of members visible --the board must recess to restore the connection, and has a 30-minute time limit to do so.

Accepted Answer

true

Question 27

True or false:  A video or audio recording of a meeting can be considered a board’s minutes, without any written attachment.

Accepted Answer

false

Answer

true

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Hawaii's Sunshine Law

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	Created by OIP Office of Information Practice almost 5 years ago