Open Government

Hawaii Open Government Under Attack

By Jeff Ferguson · Originally published April 20, 2012

Coverage of legislation in Hawaii that would have substantially narrowed open-meeting and public-records protections, and the coalition that opposed it.

Hawaii's Uniform Information Practices Act and Sunshine Law have been on the books since the 1970s and have been refreshed periodically — most notably in 1988 — to extend public-records access to state and county records and to require open meetings of public boards. The 2012 legislative session in Honolulu had brought several proposals that would have substantially narrowed the existing protections, including expanded executive-session categories for boards, additional fees for records access, and broadened deliberative-process exemptions covering ordinary inter-agency emails.

The opposition coalition tracked in the article — the Civil Beat Law Center, the Society of Professional Journalists Hawaii chapter, Common Cause Hawaii, and Hawaii's then-Office of Information Practices — assembled the standard transparency-coalition response: written testimony at committee hearings, op-ed coverage in the Star-Advertiser and Civil Beat, and direct outreach to legislators of both parties. Several of the most aggressive proposals were withdrawn before final votes; others were watered down significantly.

The 2012 episode in Hawaii was part of the broader state-level pattern Sunlight, the National Freedom of Information Coalition, and the Reporters Committee tracked across multiple states between 2010 and 2014: incremental legislative narrowing of public-records access, often in proposals attached to broader administrative-reform bills where they wouldn't draw separate political attention. The Hawaii cases were watched by transparency advocates in other states as a tactical reference for how to mount opposition to the same kind of incremental rollback.

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