emiller@westhawaiitoday.com
BY ERIN MILLER | WEST HAWAII TODAY
Hawaii legislators will again take up the question of whether the state’s four county councils should be exempt from the Sunshine Law.
House Speaker Calvin Say introduced in January House Bill 2742, which would allow the exemption. Say introduced the bill by request, meaning someone else wrote it and asked the speaker to bring it to the Legislature. Monday was a holiday, and Say’s office did not respond to messages seeking information about who requested the measure.
Rep. Clift Tsuji, D-Hilo, who is a member of the Judiciary Committee, said the measure was introduced by the Hawaii State Association of Counties. However, a review of that organization’s bills, approved by each county council, did not include any proposals relating to the Sunshine Law.
Tsuji said he will “take guidance” from the Judiciary chairman and testimony in deciding whether to support the bill.
“I will listen very carefully,” he added.
Another Big Island representative, Robert Herkes, D-Puna, Ka’u, South Kona, North Kona, did not immediately respond to messages left Monday.
State legislators in 2003 and 2005 rejected similar requests. Former North Kona Councilman Kelly Greenwell also made an unsuccessful attempt to exempt the Hawaii County Council from the Sunshine Law, via a nonbinding resolution asking for an attorney to look into the issue, in 2010. The Sunshine Law
prohibits more than two board members from meeting or discussing pending legislation or other official board business, as well as requires at least six days public notice before the board may meet. Codified in Hawaii Revised Statues Chapter 92, the law also addresses executive sessions.
Hawaii Island council members contacted Monday said they did not support the bill.
Kohala Councilman Pete Hoffmann said he sees a place for the law at the county council level.
“I certainly would not want to see the Sunshine Law go away, as far as the council is concerned,” he said. “There are probably some ways in which we can refine the Sunshine Law to better suit the County Council’s situation.”
Ka’u Councilwoman Brittany Smart said she wasn’t aware of the bill until West Hawaii Today contacted her Monday morning.
“I do not think a blanket exemption is the way to go,” Ka’u Councilwoman Brittany Smart said.
She has been tracking other bills relating to the Sunshine Law and how it affects elected officials’ use of social media. A broad exemption from the bill’s provisions would make the council’s job easier, she said.
Council Chairman Dominic Yagong agreed that not having a Sunshine Law would be convenient, but he said he didn’t support the bill.
“Our island has been very clear that they believe (the Sunshine Law) is a necessity,” Yagong said. “I agree.”
The Maui County Council chairman contacted Yagong over the weekend to tell him about the measure. Yagong said he believed the Maui councilman was going to provide testimony in support of the measure. Yagong said he did not plan to testify.
emiller@westhawaiitoday.com