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Saturday, February 2, 2008

Dirty deeds done in dark?

According to the State of Hawaii Office of information Practices Jan. 28, 2007 formal opinion the Kauai County Charter section 307.E supersedes and is compliant with Hawaii State Sunshine Law. Section 307.E reads in relevant parts;
E. The council shall meet regularly...With the exception of deliberations relating to confirmation of appointees or consultations with the county attorney on claims, all county council and committee meetings shall be open to the public.

The OIP opinion further found;
the charter provision does not cause a violation of attorney client privilege, but instead acts as a partial waiver of the privilege by the County as the client.

Now I'm not a lawyer but it appears the County Charter section 307.E supersedes and is compliant with State Sunshine Law and furthermore 307.E partially waives the attorney-client privilege.

Short conclusion: The County Council committed numerous violations of the County Charter, and the only people refusing to release the county attorney's opinion is the county council. Please note in the opinion of OIP the charter already partially waives this prividlege so it appears only the county council itself stands in the way of making the opinion public. Contrary to the Garden Island Newspaper headline "County protects legal opinion" it appears council members are just protecting themselves.

Dirty deeds done in dark? Read the opinion and you decide.

  1. County attorney request for opinion to OIP
  2. OIP Opinion to County Attorney

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