Hawaii Seal Hawaii Revised Statutes

Chapter 92

Public Agency Meetings and Records

CHAPTER 92

PUBLIC AGENCY MEETINGS AND RECORDS

Part I. Meetings

Section

92-1 Declaration of policy and intent

92-1.5 Administration of this part

92-2 Definitions

92-2.5 Permitted interactions of members

92-3 Open meetings

92-3.1 Limited meetings

92-3.5 Meeting by interactive conference technology;

notice; quorum

92-4 Executive meetings

92-5 Exceptions

92-6 Judicial branch, quasi-judicial boards and

investigatory functions; applicability

92-7 Notice

92-8 Emergency meetings

92-9 Minutes

92-10 Legislative branch; applicability

92-11 Voidability

92-12 Enforcement

92-13 Penalties

Part II. Boards: Quorum; General Powers

92-15 Boards and commissions; quorum; number of votes

necessary to validate acts

92-15.5 Nonattendance of board member; expiration of term

92-16 Power of boards to issue subpoenas, administer oaths,

appoint masters, etc.

92-17 Consumer complaints; procedures and remedies

Part III. Copies of Records; Costs and Fees

92-21 Copies of records; other costs and fees

92-22, 23 Repealed

92-24 Directors of finance and commerce and consumer

affairs; fees

92-25 Fees for copies of pleadings, etc.

92-26 Fees; exemption

92-27 Fees to be accounted for

92-28 State service fees; increase or decrease of

92-29 Reproduction of government records

92-30 Copy deemed original record

92-31 Disposition of original record

Part IV. Notice of Public Hearings

92-41 Giving public notices

Part V. Public Records

92-50 to 52 Repealed

Part VI. General Provisions

92-71 Political subdivision of the State; applicability

Part VII. Neighborhood Board

92-81 Neighborhood board; notice and agenda; public input;

quorum

92-82 Permitted interactions of neighborhood board members

92-83 Neighborhood board meeting; unanticipated events;

public interest

Law Journals and Reviews

The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Case Notes

Rule regarding confidentiality of development proposals neither conflicted with nor contradicted “mandate” of either §92-3 or the Sunshine Law (this chapter) as a whole; plaintiff not entitled to disclosure of development proposals under those statutory provisions. 74 H. 365, 846 P.2d 882.

As this chapter governs board meetings and board meeting minutes, including those of executive sessions, and this section, by its plain language, permits “any person”, including the county, to bring suit in circuit court “to determine the applicability of part I of this chapter to the discussions or decisions” of the council, the circuit court did not err in determining it had jurisdiction pursuant to this chapter to determine whether county council’s executive session minutes had to be disclosed. 120 H. 34 (App.), 200 P.3d 403.

In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapter 92F and this chapter applied; if the meeting met an exception to the open meeting requirements put forth in this chapter, such as an exception enumerated in §92-5, the council was not required to disclose the minutes of that meeting to the public; if the meeting did not fall under such an exception, the council was required to disclose the minutes pursuant to §92-9 and §92F-12. 120 H. 34 (App.), 200 P.3d 403.