PART I.
MEETINGS
Attorney General Opinions
Department of agriculture advisory committee on plants and
animals subject to provisions of this part; subcommittees not subject to this
part. Att. Gen. Op. 90-7.
Law Journals and Reviews
Hawai`i's Sunshine Law Compliance Criteria. 26 UH L. Rev.
21.
2013 Law and Administrative Rules Governing Appeal Procedures
of Hawaii's Office of Information Practices. 36 UH L. Rev. 271 (2014).
§92-1 Declaration of policy and intent.
In a democracy, the people are vested with the ultimate decision-making power.
Governmental agencies exist to aid the people in the formation and conduct of
public policy. Opening up the governmental processes to public scrutiny and
participation is the only viable and reasonable method of protecting the
public's interest. Therefore, the legislature declares that it is the policy
of this State that the formation and conduct of public policy - the
discussions, deliberations, decisions, and action of governmental agencies - shall
be conducted as openly as possible. To implement this policy the legislature
declares that:
(1) It is the intent of this part to protect the
people's right to know;
(2) The provisions requiring open meetings shall be
liberally construed; and
(3) The provisions providing for exceptions to the
open meeting requirements shall be strictly construed against closed meetings.
[L 1975, c 166, pt of §1]
Attorney General Opinions
This section and sections 92-7 and 92-9 require commission to
specify subject matter of items on public meeting agenda. Att. Gen. Op. 85-2.
Interpretation of "board" as excluding county
council would be inconsistent with policy and intent of sunshine law. Att.
Gen. Op. 86-5.
Case Notes
Based on the office of information practices' construction of
the sunshine law as well as the legislative history of §92-7(d), the land use
commission and Maui county council did not violate the sunshine law by
continuing and reconvening meetings beyond a single continuance without
requiring a new agenda and additional public testimony to be accepted at every
continued meeting. However, while the legislature did not expressly limit the
number of continuances permissible under §92-7(d), the legislative history and
text of the sunshine law demonstrates that boards are constrained at all times
by the spirit of and purpose of the sunshine law, as stated in this section.
130 H. 228, 307 P.3d 1174 (2013).
Notes of Decisions
Right to Know Comm. v. City Council, 175 P.3d 111 (Haw. App. 2008).
· cites it 14× “” Ordinarily, statutes require “economic injury” rather than mere concern for the “public interest” as a predicate to standing to sue as a “private attorney general.” But in the case of HRS § 92-12, “any person” is expressly authorized to initiate a lawsuit, upon the allegation…”
Kanahele v. Maui Cnty. Council., 307 P.3d 1174 (Haw. 2013).
· cites it 32× “The concurrence concluded that based on a plain reading of the Sunshine Law and “particularly given the broad declaration of policy and intent articulated in HRS § 92-1,” the memoranda distributed among the MCC members “outside of the public meetings do not comport with Hawaii’s…”
Kaapu v. Aloha Tower Dev. Corp., 846 P.2d 882 (Haw. 1993).
· cites it 6× “, HRS §§ 92-1 through 92-13, relating to “meetings”] or to determine the applicability of this part to discussions or decisions of the public body.”
E & J Lounge Operating Co. v. Liquor Comm'n of Honolulu, 189 P.3d 432 (Haw. 2008).
· cites it 2× “On appeal to the ICA the Commission argued (1) the hearing in question was a public hearing governed by the State's Sunshine Laws in HRS § 92-1 through § 92-16 and, thus, not subject to the contested case hearing requirements in HRS §§ 91-1 to 91-13, and (2) "[t]he procedures…”
Bremner v. City & Cnty. of Honolulu, 28 P.3d 350 (Haw. App. 2001).
· cites it 2× “]” HRS § 92-1 (1993). In furtherance of this end, the chapter directs governmental entities such as the City Council to afford all interested persons notice and an opportunity to comment orally or in writing on formal topics of discussion at all nonexempt public meetings.”
Outdoor Circle v. Harold K.L. Castle Trust Est., 675 P.2d 784 (Haw. App. 1983).
· cites it 2× “Construing HRS § 92-6(b) liberally, we hold that the adjudicatory functions include the adoption of conclusions of law, especially in the light of HRS § 91-12 which requires an agency’s decision and order to be “accompanied by separate findings of fact and conclusions of law.”
Richard v. Metcalf, 921 P.2d 169 (Haw. 1996).
· cites it 2× “All that is required is an allegation that " ‘a prohibited act’ has occurred in violation of HRS §§ 92-1 through 92-13[.]” Kaapu, 74 Haw.”
Asato v. Procurement Policy Bd., State of Hawaii., 322 P.3d 228 (Haw. 2014).
· cites it 2× “The legislature’s expansive view of standing under HRS § 92-12(e) is further *365 evidenced by the fact that “[t]he court may order payment of reasonable attorney’s fees and costs to the prevailing party in a suit brought under this section.”
Wilson v. McNeal, 575 S.W.2d 802 (Mo. Ct. App. 1978).
“1, §§ 401-406 (1975); Md.Ann.Code art. 76A, §§ 1-15 (1977); Mass.”
— Haw. Rev. Stat. § 92-1(1) — 2 cases
— Haw. Rev. Stat. § 92-1(2) — 2 cases
Outdoor Circle v. Harold K.L. Castle Trust Est., 675 P.2d 784 (Haw. App. 1983).
“Construing HRS § 92-6(b) liberally, we hold that the adjudicatory functions include the adoption of conclusions of law, especially in the light of HRS § 91-12 which requires an agency’s decision and order to be “accompanied by separate findings of fact and conclusions of law.”
Kanahele v. Maui Cnty. Council., 307 P.3d 1174 (Haw. 2013).
“The concurrence concluded that based on a plain reading of the Sunshine Law and “particularly given the broad declaration of policy and intent articulated in HRS § 92-1,” the memoranda distributed among the MCC members “outside of the public meetings do not comport with Hawaii’s…”
— Haw. Rev. Stat. § 92-1(3) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.