Friday, January 30, 2009

OIP loses sunshine battle with Kauai Council

The case arose from a January 2005 closed meeting of the Council to discuss whether to investigate "alleged unethical activity of the Kauai Police Department." After the meeting, County Police Commission chair Michael Ching filed an open meeting violation complaint with the OIP. The OIP issued an opinion letter saying that with the exception of some attorney-client communications, the meetings secrecy was not supported by the state sunshine law.

Ching and Richard Stauber requested minutes of the meeting. The county asked the OIP to reconsider but the OIP refused and ordered the county to release redacted minutes. The county then sued for declaratory relief against the OIP and was successful in the circuit court. The OIP appealed and today the county again won.

More later, but for now, here's the ICA decision.

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