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Record of Proceedings

Honolulu Committee on Executive Management: Resolution 26-210 Mass Communications Blackout, September 24, 2026

City Council — Thursday, September 24, 2026
BodyHonolulu, Hawaii
SessionCity Council
DateThursday, September 24, 2026
StatusFILED
Video Record
0:00 / 16:39

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
2:22

Hello, everyone, good afternoon.

2:24

It is now two thirty-five p.m.

2:27

on Wednesday, September 23rd, 2026, and I'd like to call the committee on executive management to order.

2:34

I'd like to welcome committee members Nishimoto and Kia Aina and Okimoto.

2:41

Thank you, folks, for being here.

2:44

Although remote oral testimony is being permitted, this is a regular in-person meeting and is not a remote meeting by interactive conference technology under section ninety-two-three point seven.

2:54

Horrier vice statutes.

2:56

Therefore, the meeting will continue not withstanding loss of audio-visual communication with remote testifiers or loss of public broadcast of the meeting.

3:04

Members of the public will be allowed to provide oral testimony on all items on the agenda in person in the council chamber and remotely when each agenda item is taken out.

3:12

As both English and Hawaiian are official languages of the state of Hawaii, pursuant to Article 15, section four of the Hawaii State Constitution and section one-thirteen of the Hawaii Revice statutes.

3:22

Members of the public may testify in either language.

3:50

When the timer goes off, please conclude your remarks promptly.

3:53

Persons who have not registered will be given an opportunity to testify following the registered testifiers.

4:15

For persons who are testifying by telephone only, I will identify you by the last three digits of your phone number.

4:37

Some friendly reminders and tips.

4:38

Video conference for a more quiet location if possible.

5:00

As a courtesy, please turn off all your cell phones for the duration of the meeting.

5:05

Moving to action item one, resolution 26-210.

5:10

The resolution amends the council rules related to mass communication near election dates.

5:17

Before today is before us today is a proposed amendment to the council rules that will establish a clear restriction on taxpayer funded mass communications during the period immediately preceding an election.

5:30

Its purpose is straightforward to draw a bright line between official constituent services and campaign activity, and to ensure that the public resources are never used or perceived to be used to provide an electoral advantage to an incumbent.

5:47

At present, Honolulu has no council role specifically governing taxpayer funded mass communications in an election year.

5:56

Other legislative bodies, including the state legislature, have long observed a 60-day election blackout practice.

6:03

I have followed that practice throughout my public service, including during my time on the council, even when it was not formally required here, because I believe it is important to safeguard the public trust.

6:15

That context is particularly important because recent reporting focused on heavily on one of my constituent mailers and created a different impression.

6:24

It highlighted the 60-day practice without clearly acknowledging that my mailer was sent in compliance with the same practice.

6:32

Although the council had no written rule at the time, I nevertheless observed that restraint because it is the appropriate standard for mailing public confidence for maintaining public confidence.

6:44

The measure before us is not intended to limit legitimate constituent services or restrict the public's access to information about council business.

6:52

Rather, it would establish a clear and consistent standard for when taxpayer funded mass mailings should pause as an election approaches.

7:01

A written rule will give council members, staff, and the public a common understanding of where the line lies between official communications and campaigning.

7:10

The issue has appropriately generated public discussion, and the ethics commission is considering a similar policy.

7:17

In my view, there is no reason for the council to wait to formalize the best practice that we should already be following.

7:24

The council has both the authority and the responsibility to establish clear internal standards governing our use of public resources.

7:35

At the same time, this is a body of rules, and it details deserve thoughtful consideration.

7:44

I welcome discussion regarding the appropriate scope of the restriction, the definition of covered mass communications, the length and timing of the blackout period, and any necessary exceptions for emergency notices, public safety information, or other essential communications.

8:00

Today's discussion gives us the opportunity to ensure that the final rule is clear, workable, and applied equally to every member.

8:08

With that, I look forward to the committee discussion and recommendations on the measure.

8:13

I believe we have one in-person registered testifier, Sandy Ma from the Honolulu Ethics Commission.

8:20

Aloha and welcome and thank you so much for being here today.

8:40

Good afternoon, Chair, Vice Chair, and members of the committee.

8:44

My name is Sandy Ma.

8:45

I am the new executive director and legal counsel for the Honolulu Ethics Commission.

8:50

Thank you for having me here today.

8:52

I'm here to testify and give comments on resolution 26-10.

8:58

This resolution and the matters contained herein have not been formally supported or commented on by the Honolulu Ethics Commission.

9:07

So my comments here are just comments.

9:12

So we respectfully raise questions regarding this resolution regarding the distribution of 200 to or less uh individuals.

9:23

Um we just provide comments regarding the number, 200 on the federal side regarding federal distribution.

9:31

The number is 500.

9:33

Um, the area covered by federal distribution and their constituents are much greater, and the area covered here is 200, so that is just a comment.

9:44

Also, the uh mass distribution does not limit it to um prohibit serial distribution.

9:52

So the issue there is serial distribution.

9:55

You could send out 200 and then another 200, then another 200, uh, and then the blackout date kicks in.

10:02

And so that is uh one comment that I'm also raising.

10:06

And then the third and final comment regarding this resolution is that if you have not already, you may want to uh discuss this resolution with the clerk's office.

10:15

We are all vote by mail state, and the 60 days um uh time period uh should be uh consistent with the uh voting uh sending out the vote by mail ballots.

10:29

Thank you very much, and I'm available for any questions.

10:34

Thank you so much.

10:34

Members, any questions for uh Sandy Ma?

10:39

Councilmember Nishimoto.

Discussion Breakdown — Share of Meeting
Ethics And Compliance█████████████████████████████████████████████83%
Procedural█████████17%
Summary of Proceedings

Honolulu Committee on Executive Management Meeting Summary – September 24, 2026

The Committee on Executive Management met in person to consider Resolution 26-210 (referred to as "Resolution 26-10" in one portion of the transcript), a proposed amendment to Council Rules restricting taxpayer-funded mass communications in the period immediately preceding an election. The meeting was called to order at 2:35 p.m. local time on Wednesday, September 23, 2026; the official meeting timestamp is 2026-09-24 00:31:04 UTC. The resolution is intended to draw a bright line between official constituent services and campaign activity. After testimony and discussion, the committee deferred the resolution.

Public Comments & Testimony

  • Sandy Ma, Executive Director and Legal Counsel for the Honolulu Ethics Commission, testified on behalf of Ethics Commission staff; the Commission itself had not taken a formal position. She raised three concerns: (1) the resolution's threshold of 200 or fewer individuals is more restrictive than the federal standard of 500 or more pieces of mail; (2) the rule does not prohibit serial distribution, so a sender could send multiple mailings of 200 or fewer to circumvent the blackout; and (3) the City Clerk's office should be consulted so the 60-day blackout period is consistent with Hawaii's vote-by-mail ballot mailing schedule.

Discussion Items

  • The Chair stated that Honolulu currently has no Council rule governing taxpayer-funded mass communications in an election year, while the state House of Representatives has long observed a 60-day blackout practice. The Chair acknowledged recent reporting on a constituent mailer but said the mailer was sent in compliance with the 60-day practice even though no written rule existed at the time.
  • Councilmember Nishimoto asked whether Ms. Ma's testimony was personal; Ms. Ma confirmed she spoke on behalf of Ethics Commission staff rather than the Commission.
  • Councilmember Okimoto noted the threshold was referred to inconsistently as "200 or less" versus "200 or more" and asked for clarification. Ms. Ma explained that existing Council Rule 37 permits distribution to 200 or fewer individuals and that her comment concerned the scope relative to the federal 500-piece standard.
  • Ms. Ma confirmed the state House of Representatives adopted a blackout period from June 3, 2026 through November 4, 2026, per a February 12, 2026 memo from Speaker Nadine K. Nakamura, and that the state Senate does not appear to have a blackout period.
  • Councilmember Okimoto floated the idea of using the candidate filing deadline (e.g., June 3) as a bright-line cutoff instead of counting back from Election Day. Ms. Ma declined to opine on election or filing deadlines, deferring to the City Clerk's office.
  • Councilmember Kia Aina (also transcribed as "Keanu" and "Kia Ayn" in the record) suggested inviting the City Clerk's office to a future meeting to provide input, since the Clerk's office oversees the vote-by-mail schedule.
  • Members also discussed limiting the restriction to members who are actually running for election or re-election.

Key Outcomes

  • The committee agreed to defer Resolution 26-210 to allow time to resolve unanswered questions, including the serial-distribution loophole, the appropriate threshold, the timing of the blackout relative to vote-by-mail ballot distribution, and consultation with the City Clerk's office.
  • A future meeting will include input from the City Clerk's office.
  • No other agenda items were considered; the meeting was adjourned.

Meeting Transcript

Hello, everyone, good afternoon. It is now two thirty-five p.m. on Wednesday, September 23rd, 2026, and I'd like to call the committee on executive management to order. I'd like to welcome committee members Nishimoto and Kia Aina and Okimoto. Thank you, folks, for being here. Although remote oral testimony is being permitted, this is a regular in-person meeting and is not a remote meeting by interactive conference technology under section ninety-two-three point seven. Horrier vice statutes. Therefore, the meeting will continue not withstanding loss of audio-visual communication with remote testifiers or loss of public broadcast of the meeting. Members of the public will be allowed to provide oral testimony on all items on the agenda in person in the council chamber and remotely when each agenda item is taken out. As both English and Hawaiian are official languages of the state of Hawaii, pursuant to Article 15, section four of the Hawaii State Constitution and section one-thirteen of the Hawaii Revice statutes. Members of the public may testify in either language. When the timer goes off, please conclude your remarks promptly. Persons who have not registered will be given an opportunity to testify following the registered testifiers. For persons who are testifying by telephone only, I will identify you by the last three digits of your phone number. Some friendly reminders and tips. Video conference for a more quiet location if possible. As a courtesy, please turn off all your cell phones for the duration of the meeting. Moving to action item one, resolution 26-210. The resolution amends the council rules related to mass communication near election dates. Before today is before us today is a proposed amendment to the council rules that will establish a clear restriction on taxpayer funded mass communications during the period immediately preceding an election. Its purpose is straightforward to draw a bright line between official constituent services and campaign activity, and to ensure that the public resources are never used or perceived to be used to provide an electoral advantage to an incumbent. At present, Honolulu has no council role specifically governing taxpayer funded mass communications in an election year. Other legislative bodies, including the state legislature, have long observed a 60-day election blackout practice. I have followed that practice throughout my public service, including during my time on the council, even when it was not formally required here, because I believe it is important to safeguard the public trust. That context is particularly important because recent reporting focused on heavily on one of my constituent mailers and created a different impression. It highlighted the 60-day practice without clearly acknowledging that my mailer was sent in compliance with the same practice. Although the council had no written rule at the time, I nevertheless observed that restraint because it is the appropriate standard for mailing public confidence for maintaining public confidence. The measure before us is not intended to limit legitimate constituent services or restrict the public's access to information about council business. Rather, it would establish a clear and consistent standard for when taxpayer funded mass mailings should pause as an election approaches. A written rule will give council members, staff, and the public a common understanding of where the line lies between official communications and campaigning. The issue has appropriately generated public discussion, and the ethics commission is considering a similar policy. In my view, there is no reason for the council to wait to formalize the best practice that we should already be following. The council has both the authority and the responsibility to establish clear internal standards governing our use of public resources. At the same time, this is a body of rules, and it details deserve thoughtful consideration. I welcome discussion regarding the appropriate scope of the restriction, the definition of covered mass communications, the length and timing of the blackout period, and any necessary exceptions for emergency notices, public safety information, or other essential communications. Today's discussion gives us the opportunity to ensure that the final rule is clear, workable, and applied equally to every member. With that, I look forward to the committee discussion and recommendations on the measure. I believe we have one in-person registered testifier, Sandy Ma from the Honolulu Ethics Commission. Aloha and welcome and thank you so much for being here today. Good afternoon, Chair, Vice Chair, and members of the committee. My name is Sandy Ma. I am the new executive director and legal counsel for the Honolulu Ethics Commission. Thank you for having me here today. I'm here to testify and give comments on resolution 26-10. This resolution and the matters contained herein have not been formally supported or commented on by the Honolulu Ethics Commission. So my comments here are just comments. So we respectfully raise questions regarding this resolution regarding the distribution of 200 to or less uh individuals. Um we just provide comments regarding the number, 200 on the federal side regarding federal distribution. The number is 500. Um, the area covered by federal distribution and their constituents are much greater, and the area covered here is 200, so that is just a comment.

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