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Some may be disappointed with the failure of high-profile, eye-catching proposals that would significantly shift how our government operates (e.g., full-time legislature). Those proposals for long-term change deserve continued attention.

But we cannot forget to celebrate the small steps that will have huge impact on how the public interacts with our government right now.

Imagine you attended an open meeting and suspected that the government board violated .

What do you do?

You could go to court, but under current law, if you are wrong — there was no violation — the government board could ask that you be required to pay the board’s attorney fees.

Instead, you could go to the Office of Information Practices, but in doing so, you would waive the right to have a court review OIP’s decision unless that decision was egregiously wrong.

And no matter which path you take, it would be years before you find out whether the board violated the law.

Sunshine Law Alignment

The Hawaii Intermediate Court of Appeals just decided a case that had been pending for over six years. The Sunshine Law is full of obstacles that discourage people from pointing out violations by boards.

Why would anyone want to challenge a government board under these circumstances?

Those obstacles don’t exist under the public records law. The government cannot ask for attorney’s fees; the public has the benefit of the doubt in lawsuits; and courts give the cases priority for expedited resolution.

this year would align the practices under the public records law with the practices under the Sunshine Law, greatly benefiting public access.

ensures that boards know what the public thinks.

Under current law, when a member of the public submits testimony less than 48 hours before a meeting, board members are not permitted to read that testimony until the board meeting. If we expect volunteer board members to take seriously their commitment as representatives of the community, they should have a meaningful chance to read public testimony in advance.

provides individuals who are testifying orally during a remote meeting with the dignity to be seen by the board.

Under current law, boards who are holding Zoom meetings can force, and have forced, public testifiers to use a telephone, so that the board does not need to see the testifier. The Sunshine Law recognizes the public as an integral part of government meetings, not as second-tier participants who are barely tolerated and don’t need to be seen.

Similarly, recognizes that public input contributes to better public policy.

Under current law, boards may have small groups that meet outside of regular public meetings, so long as those groups report back to the board on what they have done, and the board does not act on the group’s report immediately. The delay in allowing the board to act on the group’s report provides the public an opportunity to see what the group did and react to it by expressing agreement or concerns.

Over the years, however, boards have played games by scheduling one meeting to receive the group’s report and then scheduling another meeting on the same day for the board to take action on the group’s report — completely defeating the purpose of the delay. HB 1600 sets a clear time period for the delay to ensure the public gets a chance to consider fully what the small group did behind closed doors.

All of these bills are technical, not exciting, but with big real-world impact for people who participate in government meetings. These bills make it easier for the public to understand what our government is doing and get involved.

We are fortunate to have elected officials — such as Sen. Angus McKelvey, Sen. Karl Rhoads and Rep. David Tarnas and the numerous others who introduced these measures — willing to grapple with the nuance of these small steps that bring more light to the recesses of government.

And hopefully Gov. Josh Green will agree and sign the bills into law.

For those disappointed by the Legislature’s failure to take up certain big-ticket ideas, I would offer a football analogy. It is exhilarating to watch a Hail Mary pass, but more often than not, it is the boring short-gain plays that make the most progress and win the game.

We have a Legislature that wants to move the ball forward; that has not always been the case. If more members of the public get involved and share their manao, perhaps that Hail Mary will connect in the future.

But progress is being made. Celebrate the first down, even if it is not a touchdown.