Tag Archives: Sunshine Law

Land Board criticized for handling of public meetings

In a post on his Ililani Media blog, Henry Curtis described the scene at Friday’s meeting of the Board of Land and Natural Resources, which administers the state’s public lands (“BLNR hearings lack space for community attendees“).

This is a board that has a long history of failing to comply fully with the sunshine law.

Curtis hits one issue that lies in a gray area–holding regular meetings in a venue that lacks sufficient space and facilities to accommodate the public.

The Board of Land and Natural Resources (BLNR) published a nine page agenda for their Friday June 27, 2014 meeting. The agenda consisted of 39 items.

About seventy-five people showed up. They sat in the forty chairs and on the floor. The rest had to sit or stand outside on the cement.

The meeting lasted for hours. Although a television was set up outside to allow people to track what was happening in the meeting, Curtis reports that the sound didn’t always work.

Sometimes the DLNR staff and BLNR members did not speak into their microphones and then only garbled noise came out of the outdoor speaker system.

It’s not like this is a new problem. The land board’s meetings have been held in the department’s conference room for decades, and the problems of insufficient capacity are chronic.

The board also continues to be a chronic violator of the state’s sunshine law when it comes to producing timely minutes.

Here’s what the law requires, in part: “The minutes shall be public records and shall be available within thirty days after the meeting….”

At Friday’s meeting, the agenda includes approval of minutes from four previous meetings.

1. Approval of April 11, 2014 Minutes

2. Approval of April 25, 2014 Minutes

3. Approval of May 9, 2014 Minutes

4. Approval of May 23, 2014 Minutes

Every one of those sets of minutes exceeded the 30-day requirement.

The board’s website describes its policy on minutes.

Minutes: BLNR generally meets twice a month to review DLNR division presentations and make decisions on specific issues. In a regularly scheduled BLNR meeting, discussions are recorded and later transcribed. All meeting minutes must be unanimously approved at the subsequent BLNR meeting. The minutes will be posted on this page once they are approved.

The most recent minutes posted as of this morning (6/28/2014) date from the March 14, 2014 meeting. I don’t know whether additional, up-to-date minutes are available on request from the board.

Late minutes have been a long-standing problem. I wrote about a lawsuit filed by Common Cause and Environment Hawaii back in 1997 (“Suit demands timely land board records/Common Cause and Environment Hawaii head to court to obtain delayed meeting notes“). And that lawsuit alleged the problem had been ongoing since at least 1987.

Henry Curtis flags other problems, like the practice of routinely changing the agenda to let agency representatives put their issues up front. That means the public can’t rely on the official agenda to estimate when a matter will actually be discussed by the board, undermining one of the reasons for requiring agendas to be published in advance. And it also means regular people have to wait, and wait, and wait before their items are taken up by the board.

In any case, these are important issues. Thanks to Henry for raising them once again.

OIP hits Hawaii County Council for sunshine violation, House Speaker surprised by demand for public services, AP story highlights Hawaii’s attack on core services

Just a few things to catch up on.

The Office of Information Practices says seven members of the Hawaii County Council violated the sunshine law by holding a series of private conversations before a council reorganization earlier this year, according to a story in the Hawaii Tribune-Herald.

The ruling came despite what looks at first glance like a pretty clear provision of the law allowing such discussions.

Section 92-2.5, Permitted interactions of members, includes the following:

(c) 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.

Although no council member spoke to more than three other members, OIP found the law was violated when those members in turn spoke with additional members, eventually bringing the majority of the council into the extended discussions.

The OIP opinion is not yet available on the agency’s web site, but I have to wonder how OIP interprets the words “without limitation” in that provision, and what the record shows of the legislative intent of the phrase.

Did you notice House Speaker Calvin Say’s comment buried down in a budget story by Advertiser reporter Derrick DePledge a couple of days ago?

Advocates for the poor and many parents and teachers will likely ask lawmakers to use the rainy day fund and the hurricane relief fund to restore some social-service spending and end teacher furloughs.

Say said there are other public demands to save state programs — such as school bus routes and vector control for rats. “Where does it end for the general public to understand?” Say said. “I thought they wanted us to downsize and rightsize state government?”

What?! The speaker seems to have swallowed the “downsize government because government is the problem” views of Gov. Lingle and the GOP. Now he’s surprised that the public can be pretty vocal about wanting government services delivered. That shouldn’t be a shock for the leader of the Democratic majority in the House.

At the same time, an AP story about Hawaii’s budget woes got a lot of play on the mainland this week, appearing in the NY Times and a lot of other newspapers. It observes:

Hawaii is far from alone in cutting the size of government during the global economic downturn, with nearly every state resorting to across-the-board cuts, furloughs or layoffs to make ends meet. This state of 1.3 million residents faces a projected $1 billion budget deficit through June 2011.

But Hawaii stands apart in how its government response has been to reduce what are generally considered to be core functions: education, public health, elections and services for the disadvantaged.

Ho, ho, ho.

Oh, please do read this little essay on Santa Claus by my old friend, Gene Stoltzfus. Here’s a piece of it, but there’s more.

The original Saint Nicholas, one of the sources of modern day Santa lived in 4th century Turkey in the city of Myra and was known to be a prolific and secret gift giver particularly to people who left their shoes out for him. According to legend St Nicholas spoke up for justice and was imprisoned under the Roman emperor, Diocletian. He later became a church leader, bishop and according to historians participated in the Council of Nicaea of course after he was released from prison under Emperor Constantine the first emperor to court the support of church people. St. Nicholas died Dec. 6, 343 and according to reports a unique relic called manna formed on his coffin. The manna had special healing powers.

The merging of Santa Claus, in his flying sleigh and St. Nicholas, the gift giver and healer with the birth of Jesus has really only happened in the last several hundred years. The choice of December 25 to remember Jesus birth didn’t occur until 350 years after Jesus’ birth. It is almost certainly not Jesus birthday. It is winter in Palestine and shepherds are not likely to be in the fields at that time of year. The date was probably chosen because it was the Roman holiday that celebrated the winter solstice in the Northern hemisphere. Today Christian and non Christian cultures celebrate Christmas.

Somewhere between my childhood and the 1990s I learned that the combination of St Nicholas in the fourth century, European mythology, and imagination gave birth to the modern Santa Claus. There is just enough magic in all of the sources to maintain curiosity in children and adults. In the final chapter of this mashing together to make Santa Claus, the holiday season has become a marriage of commerce and advent that conveniently invokes Santa in order to escape the more demanding implications of the story of Jesus birth, the politics of domination, poverty, infanticide, peace, and hints of universal claims from the Magi.

Saturday…Labor dept staff apparently told not to respond to news media, Abercrombie’s bid for governor, WWII women

Yesterday morning, Maui News reporter Ilima Loomis used the networking site, Twitter, to describe a frustrating run-in with another clogged drain in the flow of government information.

It seemed like a simple enough request.

Trying to find breakdown of unemployment numbers for Maui, Molokai, Lanai.

Call the Labor Department, right? Not so fast.

Labor PIO not in. Labor statistics office says they could give info to a member of the public, but I have to get it from PIO b/c I’m media.

They would answer the question if posed by “a member of the public” but they have instructions to clam up if the same question comes from a member of the news media? Something’s wrong over there, if that’s the case, although I have run into the same thing in the past when trying to pry information out of the city. Not sure what city policy is today, though.

And I got an update from Ilima Loomis in response to this morning’s post.

Thought I would give you an update on my search for signs of life at the Dept. of Labor and Industrial Relations yesterday.

As it turned out, the head of the research and stats division DID call me back, and told me the island and state breakdown wasn’t going to be released till next week. The PIO (a new guy) never called me back!!! Lesson reaffirmed: drop as many lines in the water as you can, and see which one gets a bite.

Hope things are nice in Kaaawa. It’s rainy and cold here.

In what is becoming a common sign of the times, news of Neil Abercrombie’s almost official intent to run for governor next year didn’t come from Hawaii’s news media, but from Associated Press writer Kevin Freking in Washington.

Freking apparently learned that Abercrombie was planning a weekend announcement from someone close to House Speaker Nancy Polosi.

According to his story: “Abercrombie told House Speaker Nancy Pelosi of his intentions Thursday night, the official said.”

I hope that we’re not in for a re-run of the nasty 1986 Abercrombie vs. Hannemann campaign. They opposed each other in the Democratic primary for the 1st District seat vacated by Rep. Cec Heftel, who also returned to run for governor. The campaign got dirty, which Hannemann’s campaign spreading images of Abercrombie as a drug user. Everything went to heck. In a wildly implausible chain of events, Abercrombie won the special election to fill the remaining months of Heftel’s term, but Hannemann won the bigger prize, the primary election. But there was a backlash to all the campaign nastiness, and Hannemann was defeated in the general election by Republican Pat Saiki. She served two terms before making an unsuccessful bid for the Senate against Dan Akaka. Abercrombie was then elected to take her place in Washington and has been there since.

Anybody else remember Neil’s campaign as “Super Senator“?

And for something completely different, check out this wonderful blog, “A scrapbook of women of World War II Hawaii“. I noted the site via an entry from several months ago about Hilo Hattie, who happened to live in the house next door here in Kaaawa.

Tuesday (continued)…Maui court decision blasts secrecy of Attorney General legal opinions

Circuit Court Judge Joel August has ordered Attorney General Mark Bennett and Commerce and Consumer Affairs director Larry Reifurth to turn over a copy of a previously secret legal opinion for court review.

The order came in a legal challenge brought by Akaku: Maui Community Television, represented by Maui attorney Lance Collins.

In a September 29 opinion and order, August turned down a request made by Akaku to immediately make the opinion public, but said he order disclosure unless his own review finds that it falls directly within an exemption to Hawaii’s public records law.

Cable regulators have referred to the unpublished legal opinion as the basis for their decision to award contracts for the provision of public access, educational, and government programming via open competitive bidding, but claimed that it could not be made public because of “attorney-client privilege”.

Advocates of the current PEG providers say there is no other jurisdiction in the country where access providers are selected by competitive bidding.

Since 1961, Hawaii law has required AG opinions which respond to questions of law posed by department heads to be filed with the Lt. Governor and made public within three days. August said that at the time this requirement was added in 1961, the legislature was concerned about basing public policy on secret legal opinions.

A separate provision of law authorizes the Attorney General to offer “advice and counsel” to department heads regarding their official duties. This “advice and counsel” is not required to be made public.

In his opinion, August found that this opinion resulted from a request by a department head for advice on a matter of law, and it was used as the legal basis for subsequent policy decisions. August criticized the AG and DCCA for then redefining the opinion as “advice and counsel” in order to avoid public disclosure.