i L i n d . n e t

There’s been a tropical storm creeping up on the islands from the Southeast. It’s been cloudy and threatening for a couple of days, although the weather folks claim this has nothing to do with the approaching storm. I’m not sure just what to think about that. At this point, though, it appears the heavy rains won’t reach Oahu, although you wouldn’t know it from this photo taken on Thursday morning.

This is an interesting city council flap over councilmember Djou’s comments following an April meeting of the council in executive session to discuss what was then a proposed settlement of environmental litigation with the feds. Now Djou is facing an ethics investigation requested by another council member over whether his public comments constituted improper disclosure of confidential information.

The state’s sunshine law allows closed door meetings only for a limited number of specific purposes.

§92-5 Exceptions. (a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes:

(1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both;

(2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;

(3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations;

(4) To consult with the board’s attorney on questions and issues pertaining to the board’s powers, duties, privileges, immunities, and liabilities;

(5) To investigate proceedings regarding criminal misconduct;

(6) To consider sensitive matters related to public safety or security;

(7) To consider matters relating to the solicitation and acceptance of private donations; and

(8) To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or a court order.

But the question of whether matters discussed must remain confidential is not straightforward, according to a note regarding Attorney General opinions that appears in the published Hawaii Revised Statutes:

Subsection (a)(2) and §92-9 read together permit board and commission members to disclose some matters deliberated or decided in executive session, but they cannot disclose matters which would be inconsistent with subsection (a)(2), i.e., matters affecting privacy of individuals under consideration for hire, and they must maintain this confidentiality for as long as disclosure would defeat purpose of convening the executive meeting. Att. Gen. Op. 94-1.

Here’s a link to the full AG opinion. I just tracked it down, so haven’t had a chance to read through it yet. This would seem to be in order.

What seems most unfortunate is that the council is taking a political issue and turning it into a legal issue.

I ran into former council chairman Arnold Morgado yesterday afternoon at the collectibles show, and I have to admit thinking that the council formerly seemed more weighty than it does today. Perhaps it’s more my changed perspective and the relative lack of council news coverage, but that’s the way it feels to me.

The mention of Johnny Wilson in the bio of my great grandfather drew a comment and another bit of background on Wilson, whose nickname at Stanford was “Kanaka Jack.”

I had an old collection loaded on my iPod during our return flight from Portland which included an old Dylan song from 1964. I realized how many things remain the same after 40 years.

You insane tongues of war talk
Ain’t a-gonna guide my road,
Ain’t a-gonna guide my road,
Ain’t a-gonna guide my road.
You insane tongues of war talk
Ain’t a-gonna guide my road,
Not now or no other time.