Sunshine Law Compliance Guide

The Sunshine Law (HRS Chapter 92) requires government boards, commissions, and councils to conduct business in the open. This guide covers what meeting organizers need to know to stay in compliance — notice requirements, agenda rules, executive session procedures, and public testimony obligations.

What constitutes a “meeting” under the Sunshine Law

A “meeting” under the Sunshine Law is any gathering of a quorum (a majority of members) of a board where the members discuss, deliberate, or make decisions on matters over which the board has supervision, control, jurisdiction, or advisory power.

This includes:

• Regular and special meetings
• Committee meetings (if the committee has a quorum of the full board)
• Workshops and work sessions
• Site visits where board business is discussed
• Conference calls or video calls with a quorum present
• Serial communications (e.g., email chains) where a quorum discusses board business

It does not include informal gatherings without a quorum, purely social events, or internal staff meetings (the law applies to boards, not agency day-to-day operations).

Notice requirements

The written public notice of any meeting must be filed at least six calendar days before the meeting. This means if a meeting is on a Wednesday, notice must be filed no later than the previous Thursday.

What the notice must include

• Date, time, and place of the meeting
• The agenda (a list of all items to be considered)
• Statement that the meeting is open to the public
• Statement that testimony may be submitted (and how)
• Contact information for accommodation requests

Where to post the notice

• The state calendar at calendar.ehawaii.gov
• The board’s own website (if applicable)
• The physical location where the meeting will be held (if applicable)

Agenda requirements

The agenda is the most compliance-sensitive part of the Sunshine Law. The core rule is simple: a board cannot discuss or act on any item that is not on the published agenda.

Agenda specificity

• Each agenda item must be described with enough specificity that the public can determine whether they want to attend or testify
• Vague descriptions like “Old Business” or “New Business” are not sufficient for substantive discussion
• “Reports” or “Announcements” items are acceptable only for informational updates — no deliberation or decision-making
• If the board will vote on something, the item description should make that clear

Adding items after the agenda is published

Generally, items cannot be added to the agenda after it has been posted. If something comes up that wasn’t on the agenda, the board must schedule it for a future meeting with proper notice. The only exception is if an item qualifies as an emergency under HRS 92-8.

Executive session rules

Executive sessions (closed meetings) are permitted only for specific purposes listed in HRS 92-5. All other business must be conducted in public.

Permitted purposes for executive session

• Personnel matters — considering the hire, evaluation, dismissal, or discipline of an officer or employee (but not the general discussion of personnel policies)
• Legal matters — consulting with the board’s attorney on questions and issues related to the board’s powers, duties, privileges, immunities, and liabilities
• Collective bargaining — deliberations related to collective bargaining
• Security matters — discussing matters related to public safety or security
• Real property transactions — considering the acquisition of real property when public knowledge would increase the price
• Investigations — investigating an alleged violation of law when public disclosure would compromise the investigation

Procedures for entering executive session

• The agenda must state that the board may enter executive session and cite the specific HRS 92-5 provision
• A two-thirds vote of the members present is required to close the meeting
• The board must announce the purpose of the executive session publicly before closing
• Only the matter stated may be discussed during the closed session
• No final action or vote may be taken in executive session — the board must reconvene in public to vote

Public testimony requirements

The Sunshine Law guarantees the public the right to present testimony on any agenda item. Boards must provide a reasonable opportunity for public testimony.

Compliance requirements for testimony

• Allow oral testimony at the meeting (in person or by remote connection if offered)
• Accept written testimony submitted before or at the meeting
• Provide clear instructions in the meeting notice on how to submit testimony
• Boards may set reasonable time limits on oral testimony (e.g., 3 minutes per person), but cannot prohibit it entirely
• Boards must consider testimony before making a decision, though they are not required to follow it

Minutes requirements

Every board must keep written minutes of its meetings. Minutes become a public record and must be made available upon request.

What minutes must include

• Date, time, and place of the meeting
• Members present and absent
• Substance of all matters proposed, discussed, or decided
• A record of any votes taken (including how each member voted)
• If executive session was held: the vote to close the meeting and the purpose cited

Minutes should be approved at a subsequent meeting and posted publicly. OIP recommends boards post minutes within 40 days of the meeting.

Penalties for violations

Violations of the Sunshine Law can have real consequences:

• Voided actions. Any action taken in violation of the Sunshine Law may be voided by a court
• Attorney’s fees. A board found in violation may be required to pay the prevailing party’s attorney’s fees
• Personal liability. Board members who intentionally violate the law may be personally liable for a fine of up to $500 per violation
• OIP opinions. OIP can issue formal opinions finding a violation and recommending corrective action

Compliance checklist for meeting organizers

Use this checklist before every meeting to ensure Sunshine Law compliance:

Common mistakes to avoid

• Serial communications. A chain of one-on-one conversations among board members that collectively involves a quorum discussing board business is a Sunshine Law violation — even if no single conversation involves a quorum
• Vague agenda items. “New Business” or “Discussion” without specifics does not meet the notice requirement for substantive deliberation
• Acting in executive session. Taking a final vote or making a binding decision while in closed session violates the law
• Late notice. Filing the notice less than 6 calendar days before the meeting violates the requirement, even by one day
• Blocking testimony. Refusing to accept testimony or not providing a reasonable opportunity for the public to be heard is a violation

Resources

• HRS Chapter 92 — full text
• OIP Sunshine Law guidance
• OIP Sunshine Law guide (PDF)
• OIP training and workshops
• State public meeting calendar

Get started

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