Posted on Feb 26, 1990 in Formal Opinions

Opinion Letter No. 90-11
February 26, 1990
University Program Review Reports

[Please note that opinions discussing the deliberative process privilege have been materially affected by the Hawaii Supreme Court’s majority opinion in Peer News LLC v. City and County of Honolulu, 143 Haw. 472 (Dec. 21, 2018).]

Self-study reports and program reviews prepared in connection with the evaluation of academic departments of the University of Hawaii must be made available for public inspection after information protected by the “deliberative process privilege” has been segregated from the reports. This privilege protects predecisional memoranda that contain the recommendations or opinions of agency staff in order to promote frank and candid discussion of ideas on issues of agency policy. Purely factual portions of an otherwise deliberative document must be made available for public inspection and copying under the UIPA.

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