For the people of Hawai‘i to truly benefit from their government, there must be a certain level of transparency and accountability. Public participation in governing assures lawmakers address the concerns of the public and create legislation that improves citizens’ lives.
For the people of Hawai‘i to truly benefit from their government, there must be a certain level of transparency and accountability. Public participation in governing assures lawmakers address the concerns of the public and create legislation that improves citizens’ lives.
Across the nation, at both the state and federal level, Sunshine laws assure public disclosure of meetings, records and decisions by most governing bodies. In 1975, Hawai‘i legislators adopted the Sunshine Law. The intent of the Sunshine Law is to open up governmental processes to public scrutiny and participation by requiring state and county boards to conduct their business as openly as possible.
The Sunshine Law imposes numerous requirements and restrictions on the manner in which a state or county board can conduct its business. For instance, with a few exceptions, board members are not allowed to discuss board business outside of a meeting, including by telephone or through e-mail. All board meetings are open to the public with several exceptions, including executive meetings and emergencies. Participants can give written or oral testimony to any agenda.
However, one glaring discrepancy in Hawai‘i’s Sunshine Law is the exemption of the state Legislature. The Legislature expressly declared that “it is the policy of this state that the information and conduct of public policy — the discussions, deliberations, decisions and actions of government agencies — shall be conducted as openly as possible.” The words “as openly as possible” give the Legislature tremendous room to bypass Sunshine Law provisions and conduct the business of the people behind closed doors.
Some legislators have made an issue of the omission of the Legislature from Sunshine Law jurisdiction. In 2009, the House Republican Caucus introduced HB 496, which would require the Legislature to follow the fundamental principles of the Sunshine Law. The Senate companion bill is SB 681, introduced by Sen. Les Ihara. Both bills require public hearings on legislative rulemaking and 24-hour advanced notice of measures up for floor votes. Both bills were held in committee and are up for review in the 2010 legislative session.
Legislative transparency is especially important because of the Democrats’ super majority in the state Legislature. Without balance and full public disclosure, legislators can make backroom deals that impact the quality of life for the people of Hawai‘i. Currently, it is estimated that only half of all legislative deliberations and lawmaking is done publicly. What decisions are being made behind closed doors? What was bartered or negotiated to create laws that do not meet the public’s interest?
The people of Hawai‘i must be active in politics. Whether it means running for office or participating in the hearings and testimony, we must get involved in shaping laws that dictate our future and our children’s future. One big step in this direction is assuring that the Sunshine Law applies to the Hawai‘i state Legislature. I applaud the lawmakers who introduced HB 496 and SB 681 and hope these bill become law in the 2010 legislative session.
Jonah Kuhio-Ka‘auwai is the chair of the Hawai‘i Republican Party. He is a regularly featured Leading Voices columnist for The Garden Island.
