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1994 Hawaii Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/saghi0037 and id is 1 raw text is: ROBERT A. MARKS JOHN WAINEE ATTORNEY GENERAL GOVERNOR RUTH 1. TSJIMURA FIAST DPJTY ATTOWNEY GENERM STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL 425 OUEEN STREET HONOLULU. HAWAII 96813 (808) 586-1500 May 19, 1994 The Honorable Debi Hartmann Chairperson, Board of Education Liliuokalani Building, Room 405 1390 Miller Street Honolulu, Hawaii 96813 Dear Mrs. Hartmann: Re: Scope of Permissible Disclosure of Executive Session Deliberations and Decision on the Appointment of the Superintendent of Education This letter is written to clarify oral advice which was previously provided concerning the extent to which members of the Board of Education may disclose and comment upon what occurred during the executive session meeting of the Board on April 30, 1994 which resulted in the appointment of Herman Aizawa, Ph.D., as Superintendent of Education. More particularly, this letter responds to the following questions: (1) Are the members of the Board permitted to disclose whether they voted for Dr. Aizawa's appointment? (2) Are the members permitted to disclose why they voted as they did? (3) What other aspects, if any, of the deliberations and decisions made during the executive session meeting on April 30th are the members prohibited from disclosing? We answer the first question in the affirmative. A brief answer to both the second and third questions is that members are free to discuss what occurred during the executive session as long as their discussion is not inconsistent with and does not defeat the purpose of the executive session. That is, as a general matter, the Board members may not disclose matters affecting Dr. Aizawa's or any of the other applicants' privacy, which is the reason for convening the executive session under Haw. Rev. Stat. § 92-5(a)(2) in the first place. Op. No. 94-01

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