Sunshine Memo 09-12
Whether the Act 213 Charter Schools Work
Is Subject to the Sunshine Law
Two members of the public asked separately whether
the Work Group created by Act 213 in the 2007 Hawaii State Legislature,
violated the Sunshine Law by not providing public notice of the
meetings, taking public testimony, holding meetings open to the
public, or providing minutes to the public.
OIP found that the Act 213 Work Group did not “conduct
meetings” as defined by the Sunshine Law and, therefore, was
not a Sunshine Law board. Specifically, the Act 213 Work Group did
not require a quorum to meet because its recommendations to the
Legislature were not voted on, but rather were either reached by
consensus or submitted by individual members separately.