Hawai'i man sues to bar 5 council members from leadership over alleged secret meeting

A meal at a Zippy's restaurant is at the center of a Honolulu lawsuit seeking to bar five City Council members from leadership positions for four years over allegations that they discussed a leadership change outside a public meeting.

Here's what to know

The Oct. 5 gathering at the Waipahu restaurant prompted a state-court complaint from Tim Garry, a Kaimukī businessman who regularly attends council meetings and has twice run for mayor, according to Civil Beat.

The gathering brought together a quorum of five council members: Tyler Dos Santos-Tam, Esther Kia'āina, Matt Weyer, Radiant Cordero, and Augie Tulba. They described their discussion as focused on "working relationships."

After this gathering, though, Dos Santos-Tam was selected to replace chair Tommy Waters, with Kia'āina becoming vice chair and council member Nishimoto becoming floor leader.

The council approved the leadership change despite public testimony against it, and the new team is expected to take office Dec. 1.

Hawai'i's Sunshine Law generally requires council meetings to be open to the public. Garry's complaint contends that the restaurant gathering broke that law.

More background

The city's Corporation Counsel's office defended the gathering in a letter, describing it as impromptu and saying members did not decide who would hold leadership positions. The office acknowledged that a gathering involving a quorum "may appear to be contrary to the spirit of the Sunshine Law."

At the council meeting, Kia'āina and Cordero said they spoke in small groups. Kia'āina described discussions intended to "come to the conclusion of who might have the necessary votes to be chair."

The complaint argues that such serial communication violates the law, raising concerns about residents' access to council deliberations.

"No one is above the law," the complaint states. "The public has a right to participate and to hear all of the Council's discussions, deliberations, and actions taken in a properly noticed meeting."

What's being done?

The Hawai'i Office of Information Practices plans to investigate the restaurant gathering, Civil Beat reported.

Garry is asking the court to require public meetings law training for the five members, bar them from leadership positions for four years, and void the leadership vote. He also seeks an order directing them to avoid conducting official business together outside public meetings.

The Sunshine Law applies to deliberation and discussion, not only formal decisions, according to Garry's attorney, Claire Wong Black.

City council offices, especially in locations as populous as Honolulu, have a major impact on their communities and residents' daily lives. The decisions a council makes can affect property taxes, housing and schools, and policy priorities, including data center developments and renewable energy projects. 

Without voting on city council officials, community members have less of a say in the decisions that affect them daily.

Where can I learn more?

Residents in other communities have also challenged how local officials conduct public business.

• In Long Beach, California, the council backed limits on resident speech despite chants of opposition.

• Louisiana residents sued over a SpaceX spaceport tax deal approved under a code name.

• Grimes County withheld SpaceX tax-break records despite a state ruling, according to residents' lawsuit.

• Missouri news outlets say Highway Patrol crash-report redactions violate Sunshine Law.

• Florida's Lee County backed off limits on development input after residents mocked the proposal.

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