Sunshine Memo 11-5
Sufficiency of Agenda
Requester asked whether the agenda for the August
14, 2009 meeting of the Board of Land and Natural Resources (BLNR)
met the notice requirements under the Sunshine Law.
OIP found that the August 14 agenda was not sufficient
under the Sunshine Law because it did not reasonably allow a member
of the public to understand what rule amendments BLNR would be discussing.
This agenda item provides notice that BLNR would be
discussing amendment of certain portions of all of DOBOR’s
administrative rules. Given the breadth of this agenda item which
encompassed possible amendment of every BLNR administrative rule
regulating ocean recreation and coastal areas, OIP does not believe
that the agenda item provided reasonable public notice of the actual
proposed rule amendments to be considered at the meeting.
OIP advised that, at a minimum, the agenda should
have provided the section numbers of the rules to be amended and
a brief description of the subject matter of those rules and proposed
amendments. Without this minimum level of detail, OIP does not believe
the members of the public would have enough information to allow
meaningful participation in the BLNR meeting.