Can Honolulu Council Members Talk in Private About Proposed Laws?

Michael Levine/Civil Beat

The Honolulu City Council routinely introduces bills and resolutions with multiple cosponsors despite a state law that bars members of public boards from discussing board business outside of public meetings.

"The intent of the Sunshine Law is to open up governmental processes to public scrutiny and participation by requiring state and county boards to conduct their business as openly as possible," the Office of Information Practices writes in its guide to the Sunshine Law. "The Legislature expressly declared that 'it is the policy of this State that the formation and conduct of public policy — the discussions, deliberations, decisions, and actions of governmental agencies — shall be conducted as openly as possible.'"

Yet five or more Council members have signed on to proposed legislation — that represents a voting majority of the body. For example, eight of nine members affixed their names to a resolution about the Board of Water Supply and fire hydrant locations.

The council has defended its practice, saying signatures don't guarantee support, only a willingness to consider an idea. But the state's second highest court ruled five years ago that council members are not allowed to consider council business outside of a public meeting, even if no decisions are made.

The Sunshine Law does permit interactions between two members. It also allows specially designated groups of three or four Council members to investigate issues and report back to the full Council. Three or four members can also discuss reorganizing board leadership without violating the law.

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