HB2969.DOC

HOUSE OF REPRESENTATIVES	H.B. NO.	2969
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

relating to government operations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that as a result of the recent court ruling in County of Kauai v. Office of Information Practices, 120 Hawaii 34 (App. 2009), government boards now have broad discretion in discussing public matters in executive sessions by consulting with their attorney. Also, boards are allowed to file lawsuits against the office of information practices to avoid complying with their opinions.

The legislature further finds that government should, as much as possible, conduct its business in full view of the public. Also, the office of information practices was established by the legislature to ensure that government boards comply with the spirit and requirements of the State's freedom of information laws. The legislature finds that the County of Kauai v. Office of Information Practices ruling allows boards too much flexibility in limiting public access to government proceedings.

The purpose of this Act is to clarify:

(1) The scope of discussions that a government entity may have with its attorney during a closed executive session by limiting discussions to matters that may have the potential for litigation; and

(2) That government entities have no statutory right to request judicial review of decisions of the OIP.

SECTION 2. Section 92-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 legal responsibilities and matters pertaining to potential or actual lawsuits involving the board or 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."

SECTION 3. Section 92F-15.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) [~~If the~~] Notwithstanding any other law to the contrary, if the office of information practices' decision is to disclose, the decision shall not be subject to appeal or any other judicial action to the circuit court by the agency. The office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a)."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________