91-31Posted on Dec 30, 1991 in Formal Opinions
Opinion Letter No. 91-31
December 30, 1991
University of Hawaii Coaches Contracts
[NOTE: This opinion was partially overruled by OIP Op. Ltr. No. 03-16.]
The OIP examined whether copies of the employment contracts of intercollegiate athletic coaches at the University of Hawaii (“UH”) should be given to The Chronicle of Higher Education as part of a survey of intercollegiate athletics being conducted by that publication. Although the UIPA expressly requires the public availability of the employment contracts of agency “contract hires,” after examining the UIPA’s legislative history and the State’s civil service law, the OIP concluded that the UH intercollegiate athletic coaches were not “contract hires.”
Additionally, because the Legislature expressly stated that “only” the salary ranges of employees covered by chapter 103, Hawaii Revised Statutes (entitled “University of Hawaii”), should be publicly available, the OIP advised the UH that it should delete the exact salaries of UH intercollegiate athletic coaches from their employment contracts before making the contracts available for public inspection and copying. However, the OIP advised the UH that it must disclose the athletic coaches’ salary ranges as established by Board of Regents policies.