The Kaua’i County administration had asked the County Council for yet another executive session Sept. 13 to discuss the possible purchase of Kaua’i Electric after regular council committee meetings were concluded. Usually, such a request is a slam dunk. But
The Kaua’i County administration had asked the County Council for yet another executive session Sept. 13 to discuss the possible purchase of Kaua’i Electric after regular council committee meetings were concluded.
Usually, such a request is a slam dunk. But this time, two council members objected, sparking a debate over what qualifies for closed-door meetings that shut the public out.
“How can you justify executive session for this item? Why can’t we discuss this on the open floor?” Councilman Kaipo Asing asked.
“A portion of the discussion has to do with the status of the effort to acquire Kaua’i Electric. This is information not intended for the public,” county attorney Hartwell Blake answered.
“Why can’t that be discussed on the open floor?” Asing prodded.
“Because there are items of information that have been obtained by the county,” Blake said.
Rather than discuss the issue in public, administration officials withdrew the request for an executive session and the discussion wasn’t held.
The next day, Councilman Gary Hooser reiterated his own objections to the use of closed-door meetings for discussions of the county potentially acquiring the island’s electricity provider.
“We have been in executive session too often. This issue needs to be discussed publicly,” he said.
Asing’s request to go public “was a perfectly legitimate request,” Hooser added. “Executive session is essentially needed to protect the county from lawsuits, or to protect employees with personnel issues. But in the matter of Kaua’i Electric, the administration needs to declare its intent publicly.”
One condition in which Hawai’i state law allows an executive session to be called is for officials 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.”
It is that condition that Blake said was the point in the administration’s wish to go into exectutive session for a Kaua’i Electric discussion.
The issue came up again this week. During Thursday’s council meeting, Asing again demanded that meetings about the potential Kaua’i Electric buyout be open to the public.
Chapter 92 of Hawaii’s revised statutes is clear about what can and can’t be a topic in executive session:
“A board may hold a meeting closed to the public for one or more of the following purposes:
– “To consider and evaluate personal information … (for) individuals applying for professional or vocational licenses;
– “To consider the hire, evaluation, dismissal or discipline of an officer or employee or charges brought against the officer or employee …provided … if the individual concerned requests an open meeting an open meeting shall be held;
– “To consult with the board’s attorney on questions or issues pertaining to the board’s powers;
– “To investigate proceedings regarding criminal misconduct;
– “To consider sensitive matters related to public safety;
– ” To deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to state or federal law, or a court order.”
The county and the Kaua’i Island Utility Co-op are prospective buyers of Kaua’i Electric. The utility has been for sale by its owner, Citizens Communications, since last year. The co-op’s purchase offer a year ago was rejected by state regulators and was opposed by the county administration.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
