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OpenLine Newsletter (pdf):

  • June 2009
    2009 Legislative Wrap-Up: Information Practices (Bills Proposed by OIP, Other Sunshine Law Bills; Other UIPA Bills); OIP Informal Opinion Letters

Act that Became Law in 2009:
Click on the link for an official copy of a new act affecting the Sunshine Law:

  • Act 24 - amending the statute governing the Board of Education (BOE) meetings, to allow the BOE to give only a two-day notice for meetings during the legislative session when the only items on the agenda relate to legislation. (Became law without the Governor's signature.)

OIP Annual Report 2008 (pdf)
Report to the Legislature on the work of OIP
from July 1, 2007, to June 30, 2008.

Informal Opinion Letter Summaries
Due to recent interest, OIP is adding to its website a list of its informal opinions, with summaries of those opinions. Most of these summaries have appeared in OIP’s annual reports to the Governor and the Legislature, which may be accessed on OIP’s website under Reports.

OIP issues informal opinions generally in instances where the legal questions raised by a dispute have been previously resolved and discussed in a formal opinion, and where the legal opinion is based upon specific facts that limit the opinion’s usefulness for general guidance purposes. These opinions are often abbreviated in form and refer the reader to OIP’s formal opinions for a full discussion of the legal concepts applied. OIP does not maintain a subject index for the informal opinions.

The informal opinion letter summaries are grouped into three categories:

(1) Sunshine Law Opinions. These are advisory opinions rendered in response to a request for a legal opinion concerning the Sunshine Law, a request for an investigation into a possible violation of the Sunshine Law, or a complaint filed against an action taken (or not taken) by a government board.

(2) UIPA Opinions. These are advisory opinions rendered in response to a request for a legal opinion concerning the UIPA.

(3) UIPA Decisions on Appeal. These are OIP determinations made in response to an appeal to OIP filed by a member of the public from a government agency’s denial of access to a government record.

Summaries of the informal opinions in calendar 2009 will be added first, and past years will be added later. Opinions are numbered by fiscal year for reporting purposes in OIP’s annual report, but will appear here by calendar year.

 

State Calendar:

Effective immediately, Governor Linda Lingle has directed all State boards subject to the Sunshine Law to post their meeting notices on the State Calendar as soon as those notices are filed at the Office of the Lieutenant Governor. See Executive Memorandum No. 08-06. A board must still file its meeting notice and agenda with the Lieutenant Governor’s office to comply with the Sunshine Law’s notice requirements.

Visit the State Calendar to view meeting notices of State boards and commissions. Please note: the State Calendar is maintained by the Department of Accounting and General Services.


Records Report System (RRS)
Agency Training Guide: How to Report & Update Agency Records
This guide leads the agency user though most of the resources on the RRS Page for Agencies, in four steps: Internet Access to RRS; Reporting Agency Records; Staying Current; and RRS Reports Online.

 


Two Acts Signed into Law in 2008:


Click on the links for official copies of the two new acts affecting the Sunshine Law:

  • Act 20 - amending limited meetings provision (§ 92-3.1) to allow closed meeting where public attendance is not practicable
  • Act 153 - creating special Sunshine Law exceptions for neighborhood boards

OIP Opinion Letters (pdf):

Text of 2008 Opinion Letters (pdf):

Text of 2007 Opinion Letters (pdf):

Opinion Letter Summaries: a chronological index of all OIP opinion letters, with brief summaries.

  • These summaries are designed to serve only as a quick guide to locate an
    OIP opinion letter relating to a certain subject.
  • To fully understand an opinion, it is necessary to read the full text of the opinion.

Subject Matter Index of Opinion Letters; Table of Statutes:

June 6, 2008:
RECENT COURT CASES UNDER
THE UIPA AND THE SUNSHINE LAW

The Hawaii appellate courts have ruled in two cases that offer guidance under the UIPA and the Sunshine Law.

(1) Right to Know Comm. v. City Council, City & County of Honolulu, 175 P.2d 111 (Haw. Ct. App. 2007).
This case concerned the serial use of a "permitted interaction" under the Sunshine Law. The Intermediate Court of Appeals agreed with OIP's conclusion (in OIP Op. Ltr. No. 05-15) that serial use violates the Sunshine Law because it circumvents the law's open meeting requirement and is contrary to the law's underlying policy and intent.

(2) Olelo v. OIP, 173 P.3d 484 (Haw. 2007).
In this case, the Hawaii Supreme Court ruled that Olelo is not an "agency" under the UIPA.

For a summary of these two cases and their effect on furture OIP opinions, see the May 2008 issue of Openline.

 

October 16, 2007:
New OIP Director
Governor Linda Lingle has appointed Paul T. Tsukiyama director of the Office of Information Practices, effective November 28, 2007.

"I appreciate Paul's willingness to continue to serve the public and ensure the people of Hawaii have open access to government records and public information," said Governor Lingle. "Based on his legal experience and his long record of public service, I am confident Paul will build on our Administration's achievements in ensuring state government is open and transparent."

Tsukiyama comes to OIP from the City and County of Honolulu's Department of the Corporation Counsel where he headed the labor and personnel section. Paul has also served the public in many other state positions including director of the Special Prosecution Division of the City's Department of the Prosecuting Attorney, supervisor of the Prosecuting Attorney's White Collar Crime Branch and deputy attorney general in the Commerce and Economic Development Division of the Department of the Attorney General.

A graduate of the University of Hawaii at Manoa, Tsukiyama earned his juris doctor from Willamette University College of Law in Salem, Oregon.

 

July 14, 2005:
NOTICE REGARDING PUBLIC, EDUCATIONAL,
AND GOVERNMENT ACCESS PROVIDERS

The First Circuit Court recently granted summary judgment to 'Olelo in its lawsuit seeking a declaration that it is not an agency for UIPA purposes. Based on that ruling, OIP will not be accepting new requests for assistance regarding 'Olelo or other PEG providers until further notice. OIP will provide updates on this issue as needed on this website.


 

 


 

 


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