Effective public participation doesn’t happen by accident. It requires intentional design — from how you schedule meetings to how you respond to testimony. This guide covers the legal requirements and best practices for government agencies and nonprofits that want to move beyond check-the-box compliance toward genuinely inclusive engagement.
This guide is for agencies and organizations. If you’re a resident looking to participate in government, see our guides on attending a meeting and how to testify.
Why public participation matters
Legal requirements
Hawaii law requires public participation in several contexts:
- Sunshine Law (HRS Chapter 92) — boards and commissions must allow public testimony on all agenda items
- Environmental review (HRS Chapter 343) — public comment periods required for environmental impact statements
- Land use (HRS Chapter 205) — public hearings required for boundary amendments and special permits
- County zoning — public hearings required for zoning changes, variances, and conditional use permits
- Federal requirements — many federal programs (transportation, housing, environment) require public participation as a condition of funding
Practical benefits
Beyond legal compliance, meaningful public participation leads to better outcomes:
- Better decisions. Community members have local knowledge that staff and board members may lack
- Greater legitimacy. Decisions made with public input are more defensible and less likely to face legal challenges
- Reduced conflict. Early engagement prevents surprises and builds trust, reducing opposition later
- Equity. Intentional outreach ensures that decisions reflect the needs of all community members, not just those who already know how to navigate government
Legal requirements for public comment periods
When a public comment period is legally required, these rules apply:
- Adequate notice. Provide enough advance notice for the public to learn about the issue and prepare comments. Six calendar days is the Sunshine Law minimum; longer is better for complex issues
- Clear instructions. Tell people exactly how to submit comments — by email, in person, by mail, and by what deadline
- Access to information. Make the relevant documents available to the public before the comment period closes. People can’t provide informed comment on documents they haven’t seen
- Consider and respond. Review all comments received and address them in your decision-making process. You don’t have to agree with every comment, but you must demonstrate that you considered them
- Document the process. Keep a record of comments received and how they were addressed
Best practices for soliciting meaningful input
Before the meeting or comment period
- Start early. Engage the public before decisions are effectively made — not after. If the agency has already decided on a course of action, asking for “input” feels hollow
- Use plain language. Write notices, agendas, and background materials in clear, everyday language. Avoid jargon, acronyms, and legalese
- Provide context. Don’t just publish a draft document and ask for comments. Explain what the issue is, why it matters, what the options are, and what the agency is proposing
- Reach beyond the usual participants. Post notices in community centers, libraries, and social media — not just the government website. Translate materials into languages spoken in the community
- Make materials available early. Publish background documents at least a week before the comment deadline so people have time to read and understand them
During the meeting
- Welcome new participants. Open the meeting by explaining the process — who is on the board, what’s being decided, and how testimony works. Don’t assume everyone knows
- Offer multiple ways to participate. Accept oral testimony, written testimony, and remote testimony. Not everyone can attend in person during business hours
- Be respectful of testifiers’ time. If you set time limits, apply them consistently. Acknowledge each person’s testimony with a thank-you
- Listen actively. Board members should visibly pay attention — not checking phones or having side conversations while the public testifies
- Explain next steps. Before closing public testimony, explain what happens next — when a decision will be made, how people can stay informed, and whether there will be additional opportunities to comment
Making meetings accessible
Timing
- Schedule meetings outside of normal working hours when possible (evenings or weekends) to accommodate people who work during the day
- Avoid scheduling during major community events, holidays, or school functions
- Rotate meeting times if the board meets regularly, so the same people aren’t always excluded
Location
- Choose venues that are ADA accessible, near public transit, and have adequate parking
- Hold meetings in the communities affected by the decisions, not just at agency headquarters
- Ensure the room is large enough for public attendance — a cramped conference room sends the message that the public isn’t expected
Virtual options
- Offer remote participation via video and phone for every public meeting
- Include connection details in the meeting notice
- Ensure remote participants can testify, not just observe
- Test the technology before the meeting
- Have a backup plan for technical difficulties
Responding to public testimony
How you respond to testimony matters as much as whether you accept it. The goal is to show the community that their input was heard and considered — even when you disagree.
- Acknowledge every comment. Thank testifiers. Let them know their testimony was received and will be part of the record
- Respond substantively. When possible, explain how community input influenced the decision — or why the board went a different direction
- Publish a summary. For formal comment periods, publish a summary of comments received and the agency’s responses
- Follow up. If the board commits to an action based on testimony, follow through and report back
- Don’t be defensive. Public testimony is sometimes critical. That’s the point. Respond to the substance, not the tone
Community engagement spectrum
The International Association for Public Participation (IAP2) framework describes five levels of public engagement, from least to most participatory:
| Level | Goal | Example |
|---|---|---|
| Inform | Provide the public with information | Posting meeting agendas and minutes |
| Consult | Obtain public feedback | Public hearings, comment periods |
| Involve | Work directly with the public throughout the process | Community workshops, focus groups |
| Collaborate | Partner with the public in decision-making | Advisory committees, joint planning |
| Empower | Place final decision-making in the hands of the public | Participatory budgeting, ballot measures |
Most government boards operate at the “Consult” level — accepting testimony at public hearings. Moving toward “Involve” and “Collaborate” produces better outcomes and stronger community trust.
Equity in public participation
The people most affected by government decisions are often the least likely to participate. Intentional outreach is needed to include:
- Non-English speakers — translate materials and provide interpreters for languages spoken in the community
- People with disabilities — see our Accessibility Compliance Guide
- Working families — schedule meetings at accessible times; offer childcare
- Rural communities — bring meetings to where people live; offer virtual participation
- Youth — create age-appropriate engagement opportunities; consider youth advisory councils
- People experiencing homelessness — meet people where they are; don’t require addresses or IDs to participate
Checklist for inclusive public participation
Planning
- Identified all communities affected by the decision
- Engagement plan includes outreach to underrepresented groups
- Background materials written in plain language
- Materials translated into relevant languages
- Documents published with enough lead time for review
Meeting design
- Meeting scheduled at a time accessible to working people
- Venue is ADA accessible and near public transit
- Remote participation option available
- Accommodation request process included in meeting notice
- Multiple ways to submit testimony (oral, written, remote)
During the meeting
- Process explained at the start for new participants
- Time limits applied consistently
- All testifiers acknowledged and thanked
- Next steps explained before closing testimony
After the meeting
- Comments summarized and documented
- Response to comments published (for formal comment periods)
- Decision reflects consideration of public input
- Follow-up actions communicated to participants
Common mistakes to avoid
- “Decide-announce-defend.” Making a decision first, then holding a public meeting to announce it and defend it against criticism. This is not public participation
- Only reaching the usual suspects. If the same 10 people show up to every meeting, your outreach strategy needs work
- Information dumps. Publishing 500 pages of technical documents and calling it “transparency.” Provide summaries and context
- Ignoring input. If the board consistently makes decisions that contradict public testimony without explanation, people stop participating
- Inaccessible meetings. Meetings during business hours, in hard-to-reach locations, with no remote option exclude most residents
Resources and toolkits
- IAP2 Spectrum of Public Participation
- OIP Sunshine Law guidance
- EPA Public Participation Guide
- PlainLanguage.gov
- Health Equity Guide — Community Engagement
Get started
Start by auditing your current public participation practices against the checklist above. Then pick one area to improve for your next meeting.