• State OIP vs. County of Kaua’I State OIP vs. County of Kaua’i A range of opinions is surfacing regarding the conflict between the County Council and the state Office of Information Practices. Representatives of the OIP are demanding that
• State OIP vs. County of Kaua’I
State OIP vs. County of Kaua’i
A range of opinions is surfacing regarding the conflict between the County Council and the state Office of Information Practices.
Representatives of the OIP are demanding that the Council release minutes from some executive sessions, while the County Attorney’s office representing the Council is saying no.
It is understandable that some materials discussed in executive session by Councilmembers should not be released, as is set forth in state law that covers all counties in Hawai’i. Discussions on police matters, law suits against the County and some other areas should not be released.
However, it is believed that the use of executive sessions is being used by Councilmembers to skirt state law, and not allow full public disclosure on items that are allowed to be released to the public.
At this point, the OIP may be seen as a paper tiger in this conflict, as their statements haven’t been backed up by the legal action that is needed to get minutes of sessions that legally could be released.
It appears that a suit against the County by a non-government organization or individual would be needed by the OIP to actually initiate legal action.
This may, or may not, happen.
There is a 100-mile divide between what’s said in a state office in Honolulu, in this case, and what goes on in the Council’s back meeting room on the second floor of the County Building on Rice Street.
We may have to live with the way things are in regards to the Council and its steady stream of executive sessions unless such legal action is taken, and only if a judge determines that the Council needs to release the documents.
