Honolulu, Hawaii—The Honolulu Police Commission has once again found itself under scrutiny for non-compliance with Hawaii’s Sunshine Law, according to findings from the state Office of Information Practices (OIP). The law mandates transparency regarding the content discussed in executive sessions of public boards. This breach by the Honolulu Police Commission highlights recurring transparency issues concerning what is specifically being discussed behind closed doors, thus stifling public participation and oversight.
State law clearly stipulates that prior to conducting private discussions on public matters, governmental bodies must disclose the topics of discussion to the public. However, the Honolulu Police Commission has been using ambiguous descriptions in agenda settings for years. Terms like “Legal Update by Deputy Corporation Counsel, if necessary” or “Executive Officer’s confidential report on matters that must be kept confidential” are examples of the nonspecific language that has been flagged by the OIP.
The infringement came to light after Brian Black of the Public First Law Center requested an OIP opinion on whether the commission’s agenda-setting practices were lawful. After examining six months of commission meetings, the OIP determined that the descriptions provided were insufficient for public transparency, particularly discussions that included sensitive issues such as the police shootings of Iremamber Sykap and Lindani Myeni, the hiring of a new police chief, and other significant matters.
The OIP’s investigation, culminating in a detailed 20-page opinion, highlighted two other areas of non-compliance by the commission not originally questioned by Black. These included the way the commission recorded minutes of the executive sessions and the general conduct of agenda-setting, both of which failed to provide a clear account of what was discussed or to indicate if the discussions remained within legally permissible limits.
In a notable revelation, the OIP criticized the commission for the same vague agenda phrasing that had been used for years, despite an ongoing review by the OIP. The agency noted that meaningful public testimony was impossible without proper disclosure of the topics discussed during these executive sessions, which include conversations with the commission’s legal counsel.
Alarming to observers is the commission’s plea of ignorance regarding proper agenda formatting, despite its longstanding composition of legally knowledgeable members, including former state attorney general Doug Chin and University of Hawai‘i general counsel Carrie Okinaga. The OIP stressed that comprehensive guidelines on agenda-setting had been available for years, including those outlined in a 2006 opinion.
As the commission prepares for its next meeting on Jan. 15, there is an air of expectancy concerning adherence to legal standards for transparency. This issue calls into question past practices and whether critical public issues have been unjustly obscured from public view.
This call for greater accountability is part of a broader movement in Hawaii seeking enhanced transparency across various government levels. For example, recent legislative actions demand more detailed reporting from lobbyists and clearer financial disclosures by lawmakers, underscoring a statewide push towards greater transparency.
In a related note on legislative transparency, new measures have been enacted requiring lobbyists to provide detailed reports on their activities and for public meeting notices to instruct participants on how to provide remote oral testimonies effectively.
As the community reflects on these developments, the effectiveness of these laws in fostering an open government will be closely monitored. Concerns remain about the pace at which these transparency issues are being addressed and the potential impacts of prolonged periods of non-compliance.
This article was generated by Open AI. The content, including the people, facts, and circumstances discussed, is subject to verification. For corrections, removals, or retractions, please contact [email protected].