Bill to change Sunshine Law at a standstill

The Maui News
Sunday, March 3, 2003

By ILIMA LOOMIS
Staff Writer

HONOLULU — A measure that would change the way the state's Sunshine Law applies to county councils appears to have hit a dead end.

"We believe that the movement and the philosophy is really more towards open government, and to do this would be setting us back," said state Sen. Colleen Hanabusa, D-Nanakuli, Waianae, Makaha.

Hanabusa chairs the Senate Judiciary and Hawaiian Affairs Committee, which has not scheduled the bill for a hearing.

The bill proposes exempting city and county governments from state requirements to hold open meetings. Some members of the Honolulu City Council had said the Sunshine Law makes it difficult to do business, because it prohibits more than two members from interacting privately.

But, "those who favor open government were opposed to actually having (the bill) heard," Hanabusa said.

Sen. J. Kalani English, D-Upcountry, East Maui, Molokai, Lanai, a former Maui County Council member, said he understood how some aspects of the Sunshine Law can be cumbersome for council members.

"I can tell you from personal experience that it's often difficult for us to have a conversation with each other — just to go out to lunch, for example — three or more of us couldn't do it," he said.

Rep. Sol Kaho'ohalahala, D-East Maui, Molokai, Lanai, also a former council member, said he had mixed views about the Sunshine Law, which he noted exempts the Legislature from its provisions.

"I think the public perception is that when two or more legislators are gathered, surely they must be trying to make decisions," he said.

He said that in fairness to the people, lawmakers shouldn't create the appearance of making decisions behind closed doors, and that when he served on the council, he was always careful to avoid situations that would lead to that perception.

But the Sunshine Law presumes legislators aren't sensitive to issues of openness, which was more a problem in the past than it is today, he added.

"To assume that they're all like that across the board is an unfair perception," he said. "I want to at least defer to the integrity of the individuals."

But Council Member Jo Anne Johnson said she supported the Sunshine Law.

"My personal feeling is that if you want open government, the Sunshine Law should apply," she said. "Even the perception that any decisions are being made behind closed doors is really a disservice to the public."

She said the rules haven't caused her much inconvenience.

"This is not a social club," she said. "It's a business, and as such I think that to consider all of the issues it should be done in a public forum."

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