Sunshine Memo 12-9
Whether the Maui Master Gardener Advisory Board
Is a Board Subject to the Sunshine Law
A requester asked whether the Maui Master Gardener
Advisory Board (MMGAB) is a board subject to the Sunshine Law.
OIP found that the Maui Master Gardener Advisory Board is not a
board subject to Hawaii’s Sunshine Law because it was not
created by constitution, statute, rule or executive order.
The Sunshine Law governs the interactions of boards and board members
in order to open up governmental processes to public scrutiny and
participation. Haw. Rev. Stat. § 92-1. In order to be a “board”
under the Sunshine Law, a body must have five elements: (1) be an
agency, board, commission, authority, or committee of the State
or its political subdivisions; (2) created by constitution, statute,
rule, or executive order; (3) have supervision, control, jurisdiction
or advisory power over specific matters; (4) be required to conduct
meetings; and (5) be required to take official actions. Haw. Rev.
Stat. § 92-2(1); OIP Op. Ltrs. No. 08-02 at 3-4; 05-01 at 4;
01-01 at 11.