OHA Proposes Legislative Changes, Including Exemption from Sunshine Law
The Office of Hawaiian Affairs (OHA) is set to discuss significant proposals at its Board of Trustees meeting on Wednesday, including a request to exempt its board meetings from Hawaii’s Sunshine Law. This move aims to enhance the OHA’s ability to address urgent matters, especially those concerning land claims and cultural preservation, without the constraints of public disclosure requirements.
OHA argues that, much like the Legislature, it needs to conduct private meetings to discuss sensitive information related to financial negotiations and legal cases. The office contends that the Sunshine Law, which mandates the posting of meeting agendas six days prior, hampers timely responses to critical issues affecting Native Hawaiian cultural sites. To maintain public accountability, OHA pledges to issue regular reports and host semiannual forums despite the requested exemption.
Additionally, the meeting agenda includes proposals to modify the appointment process for OHA’s salary commission—currently under gubernatorial control—and a potential elimination of developer representatives on island burial councils. These councils are responsible for overseeing the treatment of ancient Hawaiian remains, but OHA believes that developers are already adequately represented through other means.
Critics, including Public First Law Center’s executive director Brian Black, argue that the blanket exemption from the Sunshine Law may not be warranted, suggesting a more targeted approach to confidentiality could be beneficial.
As discussions unfold, OHA seeks to underscore the importance of its mission while balancing transparency with the need for private deliberation on matters that impact Native Hawaiian communities. The outcome of this week’s meetings will significantly shape the agency’s legislative agenda for 2025.
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