Re: Hawaii's Sunshine Law
The state Office of Information Practices (OIP) invites you to test your knowledge of Hawaii's Sunshine Law requiring open public meetings. Certification is given for a passing score (70%) at the end of the test. There are ten questions (multiple choice and true/false), randomly chosen, about the following areas: (1) minutes, (2) meetings & testimony, (3) closed meetings, (4) outside a meeting, and/or (5) notice and agenda.
*** For the Sunshine Law statute and training materials, visit OIP's training page at oip. Hawaii. Gov/training.
- 1.
True or False: A meeting may be canceled if the meeting notice is not timely mailed or emailed to a person on the board’s notification list, regardless of whether it is intentional or due to the board’s clerical error.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. Because the Sunshine Law now requires boards to send meeting notices by postal or electronic mail to persons who requested such notification, the board may be required to cancel its meeting if the notice is not sent at least six days before the meeting, including a situation where an email was undeliverable due to the entry of the wrong address by the board. While postal mail may sometimes be delivered despite errors in the address, email addresses must be precisely entered to be delivered. Therefore, it is incumbent upon the board to ensure that it is emailing meeting notices to the email address provided by the requester. Otherwise, the requester may complain to OIP of a Sunshine Law violation, which may require cancellation of the meeting. If the meeting has already been held and the requester files a lawsuit within 90 days, then the court may void any final action taken by the board at the meeting.
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- 2.
A board packet must be made available for public inspection at the board’s office at the same time that it is distributed to board members. Which of the following items is not true?
- A.
The board must send a notification to everyone on its postal or email list that the board packet is available for public inspection in the board’s office.
- B.
The board must send a copy of the board packet to everyone on its postal or email list via postal mail or email, as applicable.
- C.
As soon as practicable, the board must accommodate requests for electronic access to the board packet, which can be by email or by posting the packet online on the board’s or department’s website.
- D.
The Sunshine Law allows for greater redactions of board packets than the Uniform Information Practices Act, which is Hawaii’s open records law, chapter 92F, Hawaii Revised Statutes.
Correct Answer
B. The board must send a copy of the board packet to everyone on its postal or email list via postal mail or email, as applicable.Explanation
The second answer is correct because it is the statement that is not true. The Sunshine Law only requires that a board notify persons on its postal and email list that a board packet is available, that the packet be made available for public inspection, and that the board provides “reasonably prompt” electronic access to the packet upon request, which can be done by email in response to requests or by proactively posting the packet on the board’s website. The Sunshine Law specifically states that a board is not required to mail board packets.Rate this question:
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- 3.
True or False: Executive session minutes, which are taken in a meeting closed to the public, will never be disclosable to the public.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. Although the Sunshine Law does not require executive session minutes to be posted online, those minutes may be eventually disclosed upon request under Hawaii’s open records law when there no longer is a purpose for keeping them confidential.Rate this question:
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- 4.
True or False: A board member is permitted to talk about an issue on the board's agenda to an unlimited number of members of the public, including lobbyists.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. The Sunshine Law applies to board members’ discussions of board business with other board members, not to board members’ discussions with people who are not on the board, including members of the general public, lobbyists, and staff. Board members, however, must not attempt to circumvent the spirit of the Sunshine Law by essentially having discussions with one another through third parties.Rate this question:
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- 5.
A board can hold a meeting with members attending from other locations through teleconference, videoconference, Skype, or using other interactive conference technology. Which of the following items is not true:
- A.
All locations where non-disabled board members will be present must be listed on the meeting notice and open to the public.
- B.
A board must provide remote "courtesy" locations for the public to be able to participate even if no board member will be participating from such a site, and if the audio- or video connection is lost at such a site, the board must cancel its meeting.
- C.
A board member with a permanent or temporary disability may participate using both audio and visual connections from a private location that is not open to the public, so long as the member identifies the general location and any persons present with the member.
- D.
If audio communication cannot be maintained at all meeting locations, then the meeting must be terminated, even if a quorum of board members is physically present in one location.
Correct Answer
B. A board must provide remote "courtesy" locations for the public to be able to participate even if no board member will be participating from such a site, and if the audio- or video connection is lost at such a site, the board must cancel its meeting.Explanation
The second item is the correct answer because it is not true. For the public’s convenience, the board may, but is not required to, establish remote “courtesy” sites in addition to the official meeting location(s) specified on the meeting notice, and the meeting will not have to end if the audio or video connection to the courtesy site is lost. A board providing a courtesy site should be clear on its notice that it is unofficial courtesy site where no board members will be present, and that if the courtesy site loses its connection to the meeting site, the meeting may continue without the courtesy site. Board members themselves cannot be counted towards quorum or participate in a meeting from a courtesy location. Boards may, but are not required to, allow public testimony from a courtesy site.Rate this question:
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- 6.
True or False: A board must keep minutes of executive meetings, with the same level of detail as required for public meeting minutes.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. Section 92-9, HRS, which sets out what must be included in minutes, requires boards to keep written minutes of “all meetings,” not just public meetings.Rate this question:
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- 7.
A board must keep either written minutes, or recorded minutes (an audio or audio-video recording) with a written summary. If the board chooses to keep recorded minutes, then which of the following is not required to be included in the written summary?
- A.
The members of the board recorded as either present or absent, and the times when individual members entered or left the meeting.
- B.
A detailed summary giving the substance of the board members’ discussion of all matters proposed, discussed, or decided at the meeting.
- C.
A record, including the vote by member, of motions and votes made by the board.
- D.
A time stamp or other reference indicating when in the recording the board began discussion of each agenda item and when each motions and votes was made by the board.
Correct Answer
B. A detailed summary giving the substance of the board members’ discussion of all matters proposed, discussed, or decided at the meeting.Explanation
[Section 92-4 requires two-thirds of the board members present to vote in favor of holding the executive session.]Rate this question:
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- 8.
True or False: By simply meeting the voting requirements to go into an executive session that will be closed to the public, a board can also amend the agenda to add executive session items.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. A board cannot go into executive session to discuss a matter that is not on the meeting agenda without first amending the agenda in accordance with the Sunshine Law’s requirements. The requirements for going into executive session are different from those to amend the agenda. To go into executive session, two-thirds of the board members present must vote in an open meeting in favor of holding the executive session, and the members voting in favor must also constitute a majority of all board members, including members not present or membership slots not currently filled. In contrast, at least two-thirds of all board members (present, absent, and unfilled slots) must vote in favor of amending the agenda, and no item can be added if it is of reasonably major importance and the board’s action will affect a significant number of persons.Rate this question:
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- 9.
True or False: A board must publicly announce any action taken during the executive session and the vote, by member, at the conclusion of the executive session.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. There is no Sunshine Law requirement for a board to announce actions taken during an executive session after coming out of executive session. However, a board may choose to do so voluntarily if it wishes. A board generally should not vote while in an executive session, but on those occasions when it may properly do so, the action taken and the vote are considered public after the meeting.Rate this question:
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- 10.
With proper notice and a vote in favor, what is not a proper reason for a board to go into a closed executive session?
- A.
To discuss matters that would cause embarrassment to any person.
- B.
To consult with the board’s attorney on questions and issues pertaining to the board’s powers, duties, privileges, immunities, and liabilities.
- C.
To discuss personnel issues where individual privacy is involved.
- D.
To investigate proceedings regarding criminal misconduct.
Correct Answer
A. To discuss matters that would cause embarrassment to any person.Explanation
The first option is the answer, because it is not a proper reason for a board to go into executive session. Just because a matter may be embarrassing to a person or entity, it is not a reason for holding a meeting closed to the public. Executive meetings can only for held for the eight purposes listed in Sunshine Law at section 92-5(a), HRS.Rate this question:
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- 11.
True or False: When a board did not anticipate the need to discuss an item in an executive session closed to the public, so its agenda listed the item for its public session only, the board can still discuss the item in executive session if it announces the purpose for doing so and follows the voting and other requirements for going into executive session.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. Section 92-7, HRS, only requires an agenda to list an executive meeting that is “anticipated in advance,” so a board can still go into an unanticipated executive session even though the agenda didn’t indicate that the item would be discussed in executive session. This question specified that the item being discussed was already on the board’s agenda, although listed for the public session and not for executive session. If the board wanted to go into executive session to discuss an item that wasn’t on the agenda in the first place, then the question would be whether the board could add the item to its agenda. The board can only add an agenda item if it is not of reasonably major importance or affecting a significant number of persons, and two-thirds of all members to which the board is entitled vote in favor of adding it.Rate this question:
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- 12.
True or False: The Sunshine Law requires that minutes of meetings be posted online within 40 days after a meeting, but a board or commission may wait until it has formally approved the minutes at a subsequent meeting before posting them online.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. The Sunshine Law does not require boards to approve minutes, and it does require boards to post their minutes online within 40 days after a meeting without exception.Therefore, if the final, board-approved minutes are not ready, then the board must post its “draft” minutes online within 40 days after the meeting. The board is free to replace the “draft” minutes with its final minutes online when the final minutes are ready.Rate this question:
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- 13.
A board wants to hold an all-day workshop with presentations and break-out discussion sessions on an issue that is currently before the board. How can the board do this in compliance with the Sunshine Law?
- A.
The board can announce at a prior meeting that it will attend the workshop and report back at a later meeting.
- B.
The board can only do this by noticing the workshop as a meeting and following the requirements for notice, agenda, and public attendance and testimony.
- C.
The board can hold this as a limited meeting.
- D.
The board cannot do this.
Correct Answer
B. The board can only do this by noticing the workshop as a meeting and following the requirements for notice, agenda, and public attendance and testimony.Explanation
The first option is the correct answer. Because this workshop will involve presentations and discussions of board business, and none of the permitted interactions in section 92-2.5, HRS, would allow a full board to discuss board business outside a meeting in this circumstance, the board members will have to do it in a Sunshine Law meeting. The board cannot hold it as a limited meeting because this is not a situation where the board needs to meet at a dangerous location or a location where public attendance is impracticable.Rate this question:
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- 14.
A board can file its notice less than six days before the date of a meeting in which of the following circumstances:
- A.
An emergency or an unanticipated event requires the board to take action in less than six days, and the board has followed emergency meeting procedures.
- B.
The board reasonably anticipates that all items will be considered in executive session.
- C.
Both of the options above are correct.
- D.
A board cannot file its notice less than six days before the date of a meeting in any circumstances.
Correct Answer
A. An emergency or an unanticipated event requires the board to take action in less than six days, and the board has followed emergency meeting procedures.Explanation
The first option is the correct answer. Section 92-8, HRS, allows a board to meet on less than six days’ notice when there is an emergency or an unanticipated event requiring the board’s response in less than six days’ time. The board must follow the requirements listed in that section. Neighborhood boards have slightly different requirements allowing them to add consideration of an unanticipated event to a previously scheduled meeting, but only if an agenda has already been filed when the unanticipated event arises.Rate this question:
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- 15.
To add an item to the agenda at a meeting, which of the following is not true?
- A.
Two-thirds of all members to which the board is entitled must vote in favor of changing the agenda.
- B.
The item added must not be of reasonably major importance and the board’s action on it cannot affect a significant number of persons.
- C.
So long as no action is taken on the new item, the board can add it to the agenda with a unanimous vote in the public portion of the meeting.
- D.
The board can decide to put the item on the agenda for a future meeting and provide at least six days’ advance notice of the meeting.
Correct Answer
C. So long as no action is taken on the new item, the board can add it to the agenda with a unanimous vote in the public portion of the meeting.Explanation
The third option is the answer, because it is not true. A board must meet the requirements of both the first two options to add an item to the agenda for the board’s discussion, deliberation or decisionmaking. Even if it takes no action on the agenda item, the board’s discussion of the item would be in violation of the Sunshine Law unless it meets both requirements. If the board cannot meet both requirements, it still has the option to put the item on the agenda for a future meeting.Rate this question:
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- 16.
True or False: A board can require members of the public attending or testifying at a meeting to sign in or identify themselves.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. Section 92-3, HRS, allows “any person” to attend a meeting and present testimony. For this reason, OIP concluded in OIP Op. Ltr. No. 02-02 that anonymous attendance and testimony must be permitted, although boards may still REQUEST that people sign in.Rate this question:
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- 17.
A board can limit public testimony as follows:
- A.
A board cannot limit public testimony.
- B.
A board can limit public testimony to items on the board’s agenda.
- C.
Upon a 2/3 vote of all members present, a board can limit public testimony on an agenda item to one specific aspect of that agenda item, as described in the board’s motion to limit testimony.
- D.
A board can limit oral testimony to only those persons who have not testified on the issue at a previous meeting.
Correct Answer
B. A board can limit public testimony to items on the board’s agenda.Explanation
The second option is the correct answer. Section 92-3, HRS, requires a board to allow “all interested persons” to present oral testimony “on any agenda item” at every meeting. Thus, a board cannot deny the public the opportunity to testify on an agenda item based on the fact that a person may have testified at an earlier meeting or limit the scope of testimony to something narrower than the agenda item in question. However, the board is not required to accept testimony on issues that are not on the agenda. A board may also adopt a rule setting a reasonable time limit for testimony.Rate this question:
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- 18.
True or False: A board can adopt a rule setting a reasonable time limit for testimony.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. Section 92-3, HRS, allows the board to provide for reasonable administration of testimony by rule.Rate this question:
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- 19.
When a board holds an executive session closed to the public, which of the following is not true?
- A.
The item for discussion in executive session must be on the meeting agenda.
- B.
The board must allow public testimony on the executive session item.
- C.
At least two-thirds of the board members present must vote to go into executive session, and the votes in favor must also equal a majority of the total number of members to which the board is entitled.
- D.
As long as there is a quorum, at least two-thirds of the board members present must vote to go into executive session.
Correct Answer
D. As long as there is a quorum, at least two-thirds of the board members present must vote to go into executive session.Explanation
The fourth answer is correct because it is the statement that is not true. The two-thirds vote by the board members present at the meeting must also constitute a majority of the members to which the board is entitled. For example, if the board is supposed to have 9 members, but only 6 have been appointed, then it still needs at least 5 members to constitute a majority of members to which it is entitled. If only 6 members are present at the meeting, then a 2/3 vote would be 4 members, but this is not enough to constitute the 5-member majority vote needed to go into executive session.Rate this question:
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- 20.
True or False: Board members can email each other about board business so long as less than a quorum of members is copied on each email.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. Board members’ discussion of board business outside a board meeting is allowed only if it falls under one of the permitted interactions listed in section 92-2.5, HRS. Email discussions are not treated any differently than face-to-face discussions. There is no permitted interaction generally allowing less than a quorum of members to discuss board business by email. However, it is possible that in specific circumstances such a discussion would be allowed by a specific permitted interaction such as the one allowing discussion of leadership by less than a quorum of board members.Rate this question:
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- 21.
True or False: Two board members can talk outside a meeting about any issue on the board’s agenda, so long as they don’t make or seek a commitment to vote and don’t include other board members in the discussion.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true. Section 92-2.5(a), HRS, allows two board members to discuss board business outside a meeting so long as they don’t make or seek a commitment to vote. As with all permitted interactions, the members must take care not to subsequently extend their discussion to additional members through serial communications.Rate this question:
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Mar 19, 2023Quiz Edited by
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