LIHU'E, Kaua'i — The county and the state Office of Information Practices have agreed that the county need not release the minutes of a County Council executive session until the courts decide whether an OIP opinion ordering them unsealed is valid.

The council excluded the public from a meeting Jan. 20 in which it said it was to discuss a proposal to investigate the Police Department. When citizens challenged the decision, the OIP said the panel had inappropriately closed the session. The OIP then ordered that the minutes be released.

The county refused, arguing that the closed session was properly held and that its contents were protected under the attorney-client privilege, since the council was consulting with the county attorney.

The OIP has argued that under the law, its opinions cannot be appealed to the courts, but 5th Circuit Judge George Masuoka in August ruled that he has jurisdiction over the case.

In court yesterday, attorney David Minkin, representing the county, said the parties reached an agreement to keep the council minutes private until the case is resolved. Minkin said it is not yet clear which will happen first — an OIP appeal to determine whether courts have jurisdiction over OIP rulings, or a hearing on the facts of the Kaua'i County Council case.

Lawa'i resident Andy Parks, who has been protesting council closed-door meetings, said the case needs immediate resolution, since council members continue to hold frequent meetings from which the public is excluded. Most of those sessions, he said, are clearly not authorized under the law.

"This is an emergency. The council members are doing whatever they want," he said.

Reach Jan TenBruggencate at jant@honoluluadvertiser.com.