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Opinion Letter No. 02-11
November 14, 2002
Meetings of Councilmembers Who Have Not Yet Officially
Taken Office to Discuss Selection of Officers
Members of county councils are not subject to the
Sunshine Law prior to officially taking office when
they meet to discuss selection of officers. In accordance with section
11-155, Hawaii Revised
Statutes, and the State Constitution, the counties have each set
dates later than the official close of the polls on election day
for councilmembers' terms of office to commence. Once a councilmember's
term of office officially begins under the charter, he or she becomes
subject to the Sunshine Law.
Section 92-2.5(c), Hawaii Revised Statutes, states "[d]iscussions
between two or more members of a
board, but less than the number of members which would constitute
a quorum for the board,
concerning the selection of the board's officers may be conducted
in private without limitation or
subsequent reporting." Thus, less than a quorum of a board
may meet privately and without limitation
or subsequent reporting to discuss selection of board officers,
regardless of whether or not board
members have officially taken office. Whether board members have
officially taken office is irrelevant,
so long as the meeting is restricted to less than the number of
members that would constitute a
quorum.
It is not illegal for a quorum of newly elected members of a council
to meet to discuss selection of
officers prior to commencement of their terms of office. However,
a loophole in the Sunshine Law
allows such an assemblage, which would be prohibited after councilmembers
officially take office.
Therefore, the OIP strongly recommends
that a quorum of members-elect of a board not
assemble prior to officially taking office to discuss selection
of board officers, in keeping with the spirit
of the Sunshine Law.
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