Opinion Letter No. 03-08
June 18, 2003
Kauai Planning Commission and Subdivision Committee Meetings
Written reports of the Subdivision Committee of the Kauai Planning
Commission containing the Committee’s recommendations to the
Commission on subdivision applications need not be available to
the public at the time that the Commission provides notice of the
public meeting at which the subdivision applications are to be considered.
The “Sunshine Law” does not require that records relating
to items on an agenda be available to the public at the time the
notice and the agenda are filed.
The UIPA requires that agency records that are open
for public inspection and copying be available upon request; thus
the written reports should be made public once they are completed.
Haw. Rev. Stat. § 92F-11(b) (1993). As the reports are not
yet in existence at the time an agenda is posted, they need not
be created in order to satisfy a record request. Haw. Rev. Stat.
§ 92F-11(c) (1993).