EXCUSED:
Kenneth Uemura, Vice Chairperson
Shanty Asher
Margaret Cox
Captain Lyn Yatko (military representative)

ALSO PRESENT:
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary

1. Call to Order

II. Executive Session
This portion of the meeting was closed under Section 92‑4 and Section 92‑5(a)(4), Hawaii Revised Statutes.

1. Consultation with the Board of Education’s (“Board”) attorney on questions and issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities concerning settlement terms, reconsideration, and actions relating to Unga v. Board of Education, et.al (Civil No. 20-0000576)

The Board recessed at 11:28 a.m. and reconvened at 12:05 p.m.

III. Public Testimony on Board of Education (“Board”) Agenda Items
The Board took Agenda Item III, Public Testimony on Board of Education (“Board”) Agenda Items, both before and after Agenda Item II, Executive Session.

Board Chairperson Payne called for public testimony. The following people provided remote oral testimony.

Brenda McCallum, testified on the reconsideration of February 6, 2020 determination of the Board denying petition of Sunny Unga, Petition No. 20-01 and the Petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule. She stated it is important the Sunshine Law be upheld and the public be allowed to testify on issues affecting their communities. McCallum asked why developers are allowed to contact schools to get approval and then it is considered approval of the community without allowing a public hearing about proposed developments. She stated this violates Sunshine Law and does not give the community a chance to voice their opinions. She is in support of Sunny Unga, and her petition to uphold Sunshine Law to allow the community to have a say on proposed developments in their community.

Lance Collins, testified on the reconsideration of February 6, 2020 determination of the Board denying petition of Sunny Unga, Petition No. 20-01 and the Petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule, on his own behalf, and disclosed that he represents Unga in her lawsuit. Collins urged the Board to reconsider its decision dated February 6, 2020, since there is a concern that the Department and Board in some ways are not comfortable with public participation and involvement. He further stated that this can be a teaching tool to look at ways to improve communication and recommends the Board office be available for petition delivery. Collins asked the Board to re-examine processes that may limit community participation. Collins asked for additional time to speak on another agenda item and stated the Board is mischaracterizing Unga’s petition because proposed rules are not addressing public comments collected in relation to proposed developments, but seeks to have the Department staff educate itself on the views of the school or library community before making an official comment.

Bianca Isaki, testified on the reconsideration of February 6, 2020 determination of the Board denying petition of Sunny Unga, Petition No. 20-01 and the Petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule, and disclosed that she also represents Unga in her lawsuit. Isaki urged the Board to reconsider the denial of Sunny Unga’s petition because she has seen that too often developers respond to concerns and project impacts on schools by pointing to the Department’s “no comment” letter. The petition is to create a community voice to assist the Department on its responsibilities. She stated that she does not agree with the reasoning to reject the proposed rule because although it is the responsibility of the developer to gather public input the Department needs to get input from the community to comment.

Unga testified on the reconsideration of February 6, 2020 determination of the Board denying petition of Sunny Unga, Petition No. 20-01 and the Petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule. She stated that if the Department stood with the community regarding the windmills it would have been difficult for other agencies to justify. The Department’s opinion on projects has a great impact because if the school supports a project it gives the impression that the community supports it as well. Unga invited Board members to see the largest turbines located next to a school and residential community in the United States. Ungs expressed her disappointment that the only comment the Department provided was that the students could hear the turbines. Unga asked how there can be such a big difference between a community’s concerns and the Department’s comments since there have been over 200 arrests and many students have expressed anxiety and sadness in school. Unga stated that changing the administrative rule it will help the Department better align its processes with Sunshine Law requirements.

Joshua Kaina, testified on the Petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule. He is in agreement with the petition for the rule change and understands it is not the Board’s responsibility to get comments on the projects in the community, but that he would like to make it the Board’s responsibility. Kiana stated that he knows the Department’s overburdened and this is an opportunity to for the Department to offer insight on where the community stands.

The Board took the following testimony after Agenda II, Executive Session.

Collins raised issues with the way that the public registers for oral testimony and stated that he has informed Board counsel that it would be better to hold a new public meeting on these agenda items so that all members of the public have an opportunity to correctly register to testify and in order to comply with all aspects of Sunshine Law. He appreciated the opportunity to conclude testimony but in fairness to all individuals who wanted to testify it would be better to start over to where everything is clear from the beginning.

Board members received written testimony. The following is a listing of the people who submitted written testimony before the meeting.

Name	Organization	Agenda Item
Sunny Unga		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Wilson Unga		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Kananiloaanuenue Ponciano		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Alexander Ponciano		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Ina Taea		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Fifita Unga		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Terava Casey		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Falon Meredith		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Sina Pili		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Livingston Unga		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Lahui Foundation		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Rachel Tachibana		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Anthony Calimlim		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Henry Curtis		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Gil Riviere	Hawaii State Senate	IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Paula Duke		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01
Priscilla Tamangaro		IV. B. Board Action on petition of Sunny Unga, Petition No. 20-01

1. Board Action on reconsideration of February 6, 2020 Determination of State of Hawaii Board of Education denying petition of Sunny Unga, Petition No. 20-01

Board Member Takeno moved to rescind the Board’s February 6, 2020 determination denying Petition No. 20-01 from Sunny Unga. Board Member Barcarse seconded.

Board Chairperson Payne called for a roll call vote on the motion. The motion carried unanimously with all members present voting aye (Board Members Barcarse, Fallin, Namauʻu, Takeno, and Voss).

ACTION: Motion to rescind the Board’s February 6, 2020 determination denying Petition No. 20-01 from Sunny Unga (Takeno/Barcarse). The motion carried unanimously with all members present voting aye.

B. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule

Board Chairperson Payne reviewed Petition No. 20-01 proposing the adoption of a new administrative rule. She stated that the Board is reconsidering the petition pursuant to the settlement terms in Unga v. Board of Education, et.al.

Board Member Takeno moved to deny Petition No. 20-01 for the reasons stated within Board Chairperson Payne’s memorandum dated December 17, 2020. Board Member Barcarse seconded.

Board Chairperson Payne stated that this is about the Board changing its administrative rules to hold hearings in the community when there is an impact to our schools based on construction or other environmental changes.

Board Member Voss commended the community for being involved. He has serious concerns with how the rule is drafted and noted that the Board is not voting on what did or did not happen with the windmills but is voting on administrative rules. He stated that would like to hear from the Department and requested to defer this item to another meeting to get information from the Department on this request for rule change.

Board Member Barcarse stated that he is in favor of deferring action until the Board can hear from the Department and Hawaii State Public Library System (“HSPLS”) on the implications for this rule as written.

Student Representative Hunter Harris shared that his understanding is that the school community councils can discuss issues affecting their communities.

Board Member Kili Namau‘u spoke in support of the suggestion to defer and stated her preference to hear from the Department before making a decision. She also stated that she would like more opportunities for the public and community to have a dialogue on other issues.

Board Member Lynn Fallin spoke in support of deferring the agenda item and would like to hear from the Department and HSPLS since it has a lot to do with working with the communities on issues.

Board Chairperson Payne stated that an option is to withdraw the motion and take up the matter at another time if there are no objections.

Board Member Takeno requested to withdraw his motion. Board Chairperson Payne asked if there was any objection to withdraw the motion. There were no objections, and the motion was withdrawn.

V. Adjournment

Board Chairperson Payne adjourned the meeting at 12:27 p.m.