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OpenLine Newsletter (pdf):
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.)
Report to
the Legislature on the work of OIP
from July 1, 2007, to June 30, 2008.
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):
(pdf):
(pdf):
- OIP
Opinion Letter No. 07-01, February 1, 2007
(Firearm Permits)
- OIP
Opinion Letter No. 07-02, February 1, 2007
(Sufficiency of Agenda Re: Motions to Reconsider)
- OIP
Opinion Letter No. 07-03, February 13, 2007
(Public Testimony)
- OIP
Opinion Letter No. 07-04, March 22, 2007
(Police Blotter Information)
- OIP
Opinion Letter No. 07-05, April 13, 2007
(Energy Infrastructure Security)
- OIP
Opinion Letter No. 07-06, April 13, 2007
(Sufficiency of Agenda)
- OIP
Opinion Letter No. 07-07, April 18, 2007
(Personal Information and Vital Records in
Land Records)
- OIP
Opinion Letter No. 07-08, May 4, 2007
(Personal Information in Agency's Response
to Audit Report)
- OIP
Opinion Letter No. 07-09, May 11, 2007
(Ethics Advisory)
: 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.
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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