The Office of Information Practices (OIP) in Hawaii has rolled out new guidelines clarifying the testimony process for boards governed by the Sunshine Law. The recent newsletter from OIP, as mentioned on their official website, lays out the do's and don'ts for public testimony during board meetings. Among the key points, it's specified that boards must offer the public a chance to give both written, and oral testimony on agenda items. However, they aren't obliged to accept testimony on issues not listed on the meeting's agenda.
The guidelines further explain that for remote meetings, boards must enable remote testimonies to be on camera, if requested by the testifier. This ensures an inclusive approach to participation, aligning with the evolving nature of public meetings in a digital age. As the newsletter points out, boards can't force people to reveal their identity when testifying and can't compel preregistration for speaking at meetings, although it can be requested. Here's where we hit a snag—the guidance states that boards may wish that written testimony be submitted by a certain date, but cannot set hard deadlines for its receipt.
In matters of public record, the OIP has clarified that testimony submitted at a meeting turns into a government record, which is made accessible under Hawaii's open records law. According to the guidelines, when written testimony is made public during a meeting, there's no basis for withholding it later on. Yet, personal information of third parties that may come up in testimony can, and should be redacted, especially when certain privacy interests are at stake.
For those who might be a bit too passionate or unruly during a meeting, the Sunshine Law has provisions for that as well. Any person who willfully disrupts a meeting can be shown the door. The same rule applies to remote meetings—boards have the authority to remove or block individuals causing disruptions. Despite this measure of control, the law doesn't permit boards to ban individuals from attending meetings in advance, regardless of past conduct. If a situation arises where someone is demonstrating threatening or dangerous behavior, standard procedures like calling in security or even police intervention are advised.
For those needing more information or wanting to dig deeper into the specifics, the OIP points you to their Attorney of the Day service, reachable via phone or email. Additionally, extensive training materials on both the Sunshine Law and the UIPA are available on OIP’s website for anyone interested.
