Opinion Letter No. 03-13
July 14, 2003
Views of Non-Board Members Included in Minutes
The Sunshine Law requires that boards keep written
minutes of all meetings which “give a true reflection of the
matters discussed at the meeting and the views of the participants.”
Haw. Rev. Stat.
§ 92-9 (1993).
With this statutory mandate in mind, the OIP found
that the primary purpose for keeping minutes is to reflect what
a board did at a meeting. Looking to the Sunshine Law’s policy
of protecting the public’s right to know, it is of primary
importance to know the actions taken by the decision-makers (board
members) so that the public can scrutinize their actions.
Thus, the OIP concluded that, while the Sunshine Law
requires that minutes reflect the views of non-board members who
participated in meetings, it is sufficient for the minutes to describe,
in very general terms, the positions expressed by the non-board
Therefore, the OIP found that minutes of a Land Use
Commission (“LUC”) meeting were sufficient despite a
complaint by a member of the public that points enumerated in her
presentation to the LUC were not individually listed in the minutes.