Council Meetings Suspended?

[Rob Tucker]

You have a good point there Tom.

[james weatherford]

Tom,

You describe it as it is, per se:

A closed meeting to discuss the trouble they got into for having secret meetings.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[JerryCarr]

Don't you just love it, James. They need to talk to their lawyer, so attorney-client confidentiality applies. Of course, if they hadn't done anything wrong, they wouldn't be needing the lawyer. Does this story sound familiar?

[james weatherford]

quote:

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Originally posted by JerryCarr

Don't you just love it, James.

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Actually, Jerry, I don't "love" it, but do appreciate your point.


James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Bob Orts]

Just an FYI.

§92-2.5 Permitted interactions of members.
© Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting.

§92-12 Enforcement.
© Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body.

§92-13 Penalties.
Any person who wilfully violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law.

[james weatherford]

Thanks, Bob.
Notice that the Sunshine Law permits a number less than a quorom to discuss change in "officers".

Hawaii County Charter Section 3-6 (below) identifies "chairperson and vice chairperson" as "officers" and does not mention committee structure, committee chairpersons or committee vice chairpersons.
Mr Ashida refers to council "leadership" being an exception -- this is misleading on his part. It is changing officers -- chairperson and vice chairperson -- that can be legally discussed by up to four members of the Council.

"Section 3-6. Organization of the Council; Officers; Employees.
(a) The council shall elect from among its members a chairperson and a vice chairperson,each of whom shall serve at its pleasure. Until such time as the chairperson and presiding officer shall be elected, the mayor shall preside at such meeting, provided that the mayor
shall not have a vote. The chairperson shall preside at council meetings. If at any meeting the chairperson is not present or unable to act, the vice chairperson shall then preside. In the absence of the chairperson and vice chairperson, the council shall elect
from among its members a temporary presiding officer."

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Bob Orts]

Hawaii County's Corporate Counsel Response to OIP:
http://www.hawaii-county.com/cc/pdf/FW_%...zation.pdf