Opinion Letter No. 03-22
December 30, 2003
Oahu Island Burial Council
The State Historic Preservation Division, Oahu Island
Burial Council (“Burial Council”) convened an executive
meeting on March 12, 2003, under section 92-5(a)(4), HRS, which
allows a board subject to the Sunshine Law to have executive meetings
to consult with the board’s attorney on the board’s
powers, duties, privileges, immunities, and liabilities. The meeting
was improper because no attorney was present or otherwise participated
in the meeting.
In addition, the Burial Council should have
allowed individuals present at a meeting to testify, even though
they had testified at prior meetings, because boards are required
by section 92-3, HRS, to allow written and oral testimony on all
agenda items for public meetings.