by
Andy Parks on 7 November 2005
To:
Mr. Les Kondo, Director
Hawai`i State Office of Information Practices (OIP)
Dear
Mr. Kondo,
This past Thursday, November 3, 2005, the following item appeared on the
agenda of the Kaua`i County Council.
“C 2005-379 Communication (10/27/2005) from James
Kunane Tokioka, Vice
Chair and Hawai`i State Association of Counties (HSAC) Representative,
transmitting for Council consideration, legislative proposals
for possible inclusion in the 2006 HSAC Legislative Package.”
This agenda item included potential decision-making to endorse
two measures, the first to support a State Bill to exempt
the four county council’s in Hawai`i from the provisions
of HRS 92, the Sunshine law, and a second to support eliminating
the sunset date from a county liability bill passed two
years ago by the state legislature.
Neither of these items were listed on the agenda. Vice Chair
James Tokioka who is also the chief HSAC representative
from Kaua`i, claimed that the agenda as written was sufficient
because the two items appear in the communication itself.
Tokioka also acknowledged that one would have to specially
request and come to the County Council offices to pick up
the communication, if someone thought to question it in
the first place because HRS 92 requires all matters for
consideration to be specifically listed on the agenda in
detail sufficient to give notice to the public.
Tokioka also said they (the Council) “do it all the
time” citing the budget process as an example and
said that the item on the agenda might be “too long”
if they added a description of the two items, although Communication
C-2005-379 is one of the shorter on the agenda, most being
at least twice as long.
At the meeting the liability resolution was in fact approved
by the Council by a vote of 7-0 after being separated from
the Sunshine provision which was deferred and the F/IGR
Committee meeting, this Wednesday 11/9 at 9:00am will take
it up when the administration is scheduled to discuss the
HSAC package.
I might also note that, compounding the lack of information
on the actual agenda, the word “approve” was
never used on the agenda. Only the word “consider”
was used which, while allowing for decision making, might
sound to some like no matters were to be voted upon.
The only people who knew the Sunshine Law exemption would
be on the agenda, were those who read a somewhat muddled
newspaper account in Wednesday
11/5 “Garden Island” newspaper saying the Council
would be dealing with an “ordinance” to exempt
the Council from the Sunshine law the next day, or the read
the Honolulu Advertiser of the same day which also mentioned
that the matter would be taken up by the Kaua`i County Council
in a story about how each island’s County Council
had to approve it for it to be part of the HSAC request
package, as the Honolulu Council already has.
Personally
I did not know that this would be discussed either until
I read the newspapers and I receive the agenda each week
via email and also check the web site. I attend many council
meetings – although not all - and have been involved
with this issue for many years, something which every council
member- including Mr. Tokioka and Chair Kaipo Asing and
County Clerk Peter Nakamura know well.
I believe
the evidence is overwhelming that this is an intentional
attempt to hide business from the public and try to slip
a vote past the public with no discussion or public debate
and that an examination of the evidence will show this to
be a willful violation as described in HRS 92-13.
There were also many items taken out of order at the meeting
before the HSAC measure, delaying the measure until over
five hours into the meeting. Many who came to address the
matter had to leave. I eventually assured the chair I would
stay until the issue was taken up to testify.
It was all very funny to the councilpersons who laughed
many times during recesses over delaying items until people
left as others will certainly attest.
I am writing this not just as a complaint to the OIP but
I am asking for the OIP to immediately notify the Council
that this agenda has violated the Sunshine law and ask the
Attorney General to look at the facts and determine if there
was a deliberate willful attempt to hide a vote from the
public and violate the law.
I am also sending you a video tape of that portion of the
meeting which you should received by Tuesday morning. You
might be interested in some of the statements made by the
council as they pertain to the current Council v. OIP litigation
and you personally.
Thank
you for your attention to this matter. Fell free to contact
me on this or any matter at parx@midpac.net
or 808-332-7878
Sincerely
Andy Parx
Lawa`i HI
cc:
Kaua`i County Clerk Peter Nakamura
Members of the Kaua`i County Council
Kauai County Attorney Lani Nakazawa
The Garden Island Newspaper
Honolulu Advertiser Kaua`i correspondent Jan Tenbruggencate
Honolulu Star Bulletin correspondent Tom Finnegan
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