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Opinion Letter No. 92-27
December 30, 1992
Minutes of Public Meetings
The final draft minutes of a meeting of the Board
of Trustees (Board) of the State Employees’
Retirement System (ERS), which are presented to the Board for approval
at its next meeting, must be
made available for public inspection and copying upon request. In
previous opinions, the OIP
determined that under the UIPA certain "draft" agency
records may be withheld to avoid the
"frustration of a legitimate government function." However,
in this case, the deliberative process
involved in producing the official version of the minutes is conducted
openly at a public agency
meeting.
The OIP also found that the minutes of ERS meetings
required to be public by chapter 92, Hawaii Revised Statutes, must
be made available upon the Board’s approval of the proposed
minutes, regardless of the fact that the 30-day period set forth
in section 92-9(b), Hawaii Revised Statutes, for
the preparation of minutes, has not yet expired. If the proposed
minutes are approved with
amendments or corrections, then the approved minutes shall be made
available upon amendment or
correction by the agency.
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