Ā§92-2.5 Ā Permitted interactions of
members. Ā (a)Ā  Two members of a board may discuss between themselves
matters relating to official board business to enable them to perform their
duties faithfully, as long as no commitment to vote is made or sought and the
two members do not constitute a quorum of their board.



(b)Ā  Two or more members of a board, but less
than the number of members which would constitute a quorum for the board, may
be assigned to:



(1)Ā  Investigate a matter relating to the official
business of their board; provided that:



(A)Ā  The scope of the investigation and the
scope of each member's authority are defined at a meeting of the board;



(B)Ā  All resulting findings and recommendations
are presented to the board at a meeting of the board; and



(C)Ā  Deliberation and decisionmaking on the
matter investigated, if any, occurs only at a duly noticed meeting of the board
held subsequent to the meeting at which the findings and recommendations of the
investigation were presented to the board; or



(2)Ā  Present, discuss, or negotiate any position which
the board has adopted at a meeting of the board; provided that the assignment
is made and the scope of each member's authority is defined at a meeting of the
board prior to the presentation, discussion or negotiation.



(c)Ā  Discussions 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.



(d)Ā  Discussions between the governor and one
or more members of a board may be conducted in private without limitation or
subsequent reporting; provided that the discussion does not relate to a matter
over which a board is exercising its adjudicatory function.



(e)Ā  Discussions between two or more members of
a board and the head of a department to which the board is administratively
assigned may be conducted in private without limitation; provided that the
discussion is limited to matters specified in section 26-35.



(f)Ā  Communications, interactions, discussions,
investigations, and presentations described in this section are not meetings
for purposes of this part. [L 1996, c 267, Ā§2; am L 2005, c 84, Ā§1]



 



Law Journals and Reviews



 



Ā  Hawai`i's Sunshine Law Compliance Criteria.Ā  26 UH L. Rev.
21.



 



Case Notes



 



Ā  Although subsection (a) does not expressly preclude city
counsel members from engaging in serial one-on-one conversations, when council
members engaged in a series of one-on-one conversations relating to a
particular item of council business, under Ā§92-5(b), the spirit of the open
meeting requirement was circumvented and the strong policy of having public
bodies deliberate and decide its business in view of the public was thwarted and
frustrated.Ā  117 H. 1 (App.), 175 P.3d 111.