Government watchdog Glenn Mickens on Wednesday warned the Kaua‘i County Council would violate the County Charter and a Hawai‘i state law by continuing to meet in closed meetings for anything other than claims against the county. The admonition, made during
Government watchdog Glenn Mickens on Wednesday warned the Kaua‘i County Council would violate the County Charter and a Hawai‘i state law by continuing to meet in closed meetings for anything other than claims against the county.
The admonition, made during a meeting at the Historic County Building, came as the council voted not to hold an executive session on its powers because a public notice was too vague. That meeting, which could involve a complaint against an unnamed council member, will be held on an unspecified date when a public notice with more information is published in the council agenda and posted.
Mickens said after the meeting he was heartened by the council’s action, but emphasized the council’s decision to continue to meet behind closed doors for anything other than claims could result in the impeachment of any offending legislator, Mickens said
Furthermore, Mickens said, a legal determination that executive session meetings were not above board could throw into question any council votes arising from those closed sessions.
Officials have said they meet in closed meetings with county attorneys principally to get sound legal advice before making decisions on pressing county matters, including litigation.
Mickens said he informed the council over the past 10 weeks about the violations, but has been ignored. He voiced his frustrations again yesterday.
“I would appreciate some response to my request (for explanations ),” he said.
The issue came up again when the council voted Wednesday to remove from the agenda a planned closed session on the powers and privileges of the council.
The council action was taken because questions arose as to whether the executive session agenda item contained sufficient information that could be understood by an everyday citizen.
County Clerk Peter Nakamura said he felt the wording might be appropriate because a potential conflict of interest may arise with involvement of the County Attorney’s Office.
The council also decided not to hold the executive session Wednesday because of concerns the meeting was not properly posted for the public.
Councilmember JoAnn Yukimura said it was her impression the executive session item dealt with complaints against a council member, who was not named.
She said she could be wrong in her assessment, but she wanted to know what was the basis for a meeting between the council and county attorneys in a closed meeting.
The council also removed two other matters from the agenda because they were connected with the executive session issue.
The two items dealt with a request from council Chairman Kaipo Asing for the council to spend up to $10,000 to hire outside legal counsel to provide advice to the legislators.
The other agenda item dealt with another request from Asing to have the council authorize the release of confidential documents.
On the subject of closed sessions, Mickens said he has informed the council over the past 10 weeks that a state law and the Kaua‘i County Charter only allow the legislators to meet behind closed doors to discuss claims against the county.
Mickens said he has waited patiently for a response.
“One council member has repeatedly told me that an answer would be given to my request, but despite the passage of over two months of time, nothing has been forthcoming,” Mickens said.
Kaua‘i resident Ken Taylor said the time is ripe for answers.
“I don’t understand all the issues,” he said. “But in relationship to the request, as made by Mickens for some answers, it is long overdue.”
Mickens said he is not a lawyer, but believes the simple wording of the law and charter provision is clear.
Mickens said charter section 3.07E and Hawaii law 92-71 “clearly” sets the limitation on when the council can meet on public matters in private.
He said the long-standing decision by the council to meet in executive sessions on matters beyond claims doesn’t gibe with the intent of the Charter, voted upon by residents, not government.
“The sessions do not comply with the terms of the charter that I have cited to you,” Mickens said.
• Lester Chang, staff writer, can be reached at 245-3681 (ext. 225) or lchang@kauaipubco.com.
