Sunshine Memo 09-14
Meeting Without Quorum
A member of the public asked whether the Procurement
Policy Board (“PPB”) violated the Sunshine Law when:
(1) PPB convened a meeting on October 5, 2006 (“October 5,
2006 Meeting”) without a quorum of its members present; and
(2) PPB convened an executive meeting at its October 5, 2006 Meeting
to discuss three petitions seeking to exempt public, education and
government access services from the State Procurement Code (“PEG
OIP found that because PPB lacked quorum, PPB should not have held
its October 5, 2006 Meeting because it did not qualify as a proper
“meeting,” as this term is defined by the Sunshine Law.
However, PPB’s violation was not willful because, in good
faith, PPB had believed that it had quorum and only learned after
the meeting that it had lacked quorum due to a recent replacement
of a member present at the meeting. No further corrective action
is required after PPB’s reconsideration at a subsequent meeting
of its actions taken at this improper meeting.
OIP also found that PPB’s executive session was authorized
under the Sunshine Law. Specifically, HRS §
92-5(a)(4), permitted PPB to meet in executive session to consult
with its legal counsel on questions and issues relating to PPB’s
“powers, duties, privileges, immunities, and liabilities”
concerning the PEG petitions.