The state Intermediate Court of Appeals has rapped the hands of the Honolulu City Council, ruling that council members tried in 2005 to circumvent the spirit and intent of Hawai'i's open-meeting law.

The court ordered the city to pay more than $41,000 in attorneys' fees and costs incurred by news media organizations and public interest groups that protested the council's activities.

At issue was an attempt by council members, led by then-chairman Donovan Dela Cruz, to discuss a proposed reorganization of council committee assignments via a series of one-to-one meetings outside of public view.

The state's open-meetings law allows elected officials to discuss issues in one-on-one meetings, but not as a way to decide public business without proper public notice.

After news organizations and the state Office of Information Practices questioned the means used by the council to pass a reorganization resolution in July 2005, the council abandoned the procedure and authorized the chairman to unilaterally appoint chairs of standing committees.

In doing so, the council said its intent "was to take the reorganization of standing committee outside the purview of the (state) Sunshine Law."

Public interest groups and news organizations including the Society of Professional Journalists and its University of Hawai'i chapter, the Big Island Press Club and the Honolulu Community Media Council sued the council, arguing that the tactic of using serial one-on-one communications to conduct public business behind closed doors was illegal and was likely to reoccur.

Circuit Judge Eden Hifo ruled in favor of the plaintiffs in 2006 but reduced the award of requested attorneys' fees from $41,000 to $10,000.

The council appealed portions of Hifo's ruling.

In its ruling, the Intermediate Court of Appeals said, "When council members engaged in a series of one-on-one conversations relating to a particular item of council business (the council resolution in this case), the spirit of the open-meeting requirement was circumvented, and the strong policy of having public bodies deliberate and decide its business in view of the public was thwarted and frustrated."

The plaintiffs were represented by attorneys Elijah Yip and Jeffrey Portnoy. The council was represented by the corporation counsel's office.

Make a difference. Donate to The Advertiser Christmas Fund.