Two quotes caught my eye yesterday.

The first from Liz Ann Sonders, chief investment strategist for Charles Schwab & Co., in a market commentary.

The economy is now operating at “stall speed” and is at a crucial inflection point.

There’s no much good news other than corporate profits, which have boomed.

That probably sums up the political economy as well.

Then there was this little misstep by the chair of the HART, the Honolulu Authority for Rapid Transportation, set up to administer Honolulu’s rail system, as reported by the Star-Advertiser.

HART’s board likely will take up the issue Thursday, but probably in executive session because Italian company Finmeccanica made its announcement in a London investors’ webcast on Thursday before HART could put the matter on its agenda, HART Chairwoman Carrie Okinaga said.

What? And this from the city’s top lawyer?

Here’s what the sunshine law says about adding an item to the agenda. Hint: There’s nothing about being able to consider something in executive session because it was left off the agenda.

Section 97-7(d) No board shall change the agenda, once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons.

And if it were added to the agenda, could it be discussed in executive session?

That’s only allowed if it falls into the exemptions provided to the open meeting requirement.

§92-5 Exceptions. (a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:
(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;

(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;

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

(5) To investigate proceedings regarding criminal misconduct;

(6) To consider sensitive matters related to public safety or security;

(7) To consider matters relating to the solicitation and acceptance of private donations; and

(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order.

It seems to me that fact finding regarding business problems in the company selected by the city to produce key parts of the rail system would not fall within any of the exemptions, although discussions about the legal issues involved in the contract would likely be appropriate for executive session. If, that is, the matter had been part of the agenda in the first place.