Posted 07/21/2011
The Forest Stewardship Advisory Committee will be meeting September 2, despite protests by Environment Hawai’i that inadequate public notice had been made. Notice of the meeting was given to the Lieutenant Governor’s office, but was not sent to all members of the public requesting such notice.
For years, the Department of Land and Natural Resources maintained that the committee was not subject to the Sunshine Law. In July, however, the Office of Information Practices issued a memorandum opinion to the contrary. “Because this committee was created by state rule and meets the definition of a board, OIP concludes that the committee is subject to the Sunshine Law,” said the opinion.
Linden Joesting, the OIP attorney who authored the opinion, advised Environment Hawai`i that at this late date, and with FSAC members from outer islands already scheduled to fly to Honolulu for the meeting, it would not be appropriate to cancel the meeting because of the lack of notice. In addition, she said, the Division of Forestry and Wildlife did not have any written record of Environment Hawai’i’s request to be notified. (There is no requirement in the statute that requests for notice be in writing.)
Far from giving members of the public notice of its meeting, the FSAC actually requests the public notify Sheri Mann, the committee’s coordinator, “at least 72 hours in advance” if they plan to attend “and/or if you need any special assistance.”
The committee, administered by the Department of Land and Natural Resources’ Division of Forestry and Wildlife, makes recommendations on lands to be included in the state’s Natural Area Partnership Program and Forest Stewardship Program, and proposes areas for protection under the federal Forest Legacy program. In 2007, Mann, was asked to give Environment Hawai’i notice of the committee’s meetings, pursuant to the requirements of section 7, Chapter 92, Hawai`i Revised Statues. Mann insisted that the committee was not subject to the law. At that point, Environment Hawai`i appealed to the OIP.
Click here to read the OIP memo.
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