There were a couple of responses to yesterday’s entry regarding online posting of state agency minutes that are worth commenting on.
First is the issue of whether agencies have administrative control or simple access to their web sites in order to post minutes. A reader noted testimony on HB2404 which raised the absence of such control as an issue. This seems to mean that the state’s computer system is not necessarily designed to allow individual agencies or departments to post minutes even if they want to do so.
A second comment came in a phone call from someone who said the department they are familiar with is constrained by a shortage of secretaries after retirements or moves of people who previously prepared minutes. Many positions have been left vacant, apparently as part of the state’s ongoing cost-cutting measures, and minutes don’t get prepared if there’s no one to put them together. No minutes, no online posting.
I can’t assess these assessments from the outside, but they would again point to management issues and a simple failure to prioritize the tasks associated with accountability and openness.
It might also be interesting to follow up on HB2404. In its original form, the bill added a simple online posting requirement to the current provision of the sunshine law regarding minutes. Language being added is underlined, while deletions are in brackets.
SECTION 2. Section 92-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
“(b) The minutes shall be public records and shall be [available] posted on the website of the board, or if the board does not have a website, on the state internet portal or the website of the appropriate county within thirty days after the meeting except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.”
The bill was introduced by Rep. Chris Lee, and drew a long list of co-sponsors.
C. LEE, BELATTI, BROWER, CABANILLA, CULLEN, FONTAINE, HASHEM, MANAHAN, MCKELVEY, MORIKAWA, NISHIMOTO, PINE, RHOADS, RIVIERE, SOUKI, TAKAI, TAKUMI, THIELEN, WOOLEY, Chong, Herkes, Ichiyama, Mizuno, Nakashima
It got one minor amendment in the House Judiciary Committee, then was approved by the Finance Committee, and passed the full House on March 6 with no opposition.
Things were looking good.
In the Senate, it was first given a joint referral to committees on Economic Development and Technology, and Judiciary and Labor. Ways & Means was then added as a double referral.
The first Senate move was to do a “gut and replace” by “by deleting its contents and replacing them with the language from S.B. No. 2233, S.D. 2, and S.B. No. 2234, S.D. 2, which address the issue of enhanced access to public information in a more comprehensive manner,” according to the accompanying committee report.
In this new version, SB2404 would have eliminated the requirement to file a hard copy of meeting agendas with the Lt. Governor, instead requiring electronic posting, with copies to be emailed to anyone who requested notice. It would also require minutes, as well as any supporting materials distributed at the meeting, as well as legal notices, to be posted online.
It was now much more detailed and more robust than the version that crossed over from the House, but the addition of legal notices brought other interests into the picture (newspapers?) and may have changed the dynamics. The idea of moving to online publication, especially on government websites, was strongly opposed by newspapers and the Hawaii Publishers Association.
The bill was then further amended in the Senate WAM Committee to provide funding to the Hawaii State Library System to provide electronic access for people who don’t have access to their own computers.
It then passed the full Senate in amended form on April 10. House and Senate conferees were appointed on the 16th, and the initial conference committee meeting was held on April 19, then reconvened the following Monday, April 23.
Several conference drafts were then passed back and forth between House and Senate conferees, with differences whether or not to allow or require online posting of legal notices, and when the online public notice provisions would become effective. The House initially wanted to delay until 2016, but later revised that to 2014.
On Friday, April 27, it looked like House and Senate had agreed on most issues, and on Monday, April 30, conferees approved the House proposal to delete the requirement that legal notices be published in newspapers, requiring instead that state public notices be posted on a state website, and county notices on county websites.
Conferees voted to approve this as CD1, and recommended approval by the full House and Senate.
But on the final day of the session, House leadership killed the bill by recommitting it to conference.
I’m afraid the attempt to require agencies to make their meeting materials and minutes available online, which would have had a broad public benefit, became collateral damage in the arm wrestling over handling of legal notices, which really only impact a smaller segment of the public, although of vital interest to certain industries. In retrospect, it might have been better, from the public’s point of view, to keep these issues separate rather than letting them sink or swim together. In this case, of course, they sank. And we lost out.