90-12

Posted on Feb 26, 1990 in Formal Opinions

Opinion Letter No. 90-12
February 26, 1990
Agency Employee Misconduct; Disciplinary Records

[NOTE:  Section 92F-14(b), the statute at issue in this opinion, was amended by Act 191, Session Laws of Hawaii 1993, which may materially affect the conclusion reached in similar future opinions. See instead, e.g., OIP Op. Ltr. No. 98-5 at 19-21.]

The UIPA provides that an agency employee does not have a privacy interest in information concerning the status of any formal charges and disciplinary action taken. Formal complaints of sexual harassment filed against faculty members of the University of Hawaii at Manoa constitute a “formal charge” that must be disclosed under the UIPA. Information concerning the “status” of a formal charge includes the fact that a complaint has been filed, whether the proceeding is pending or concluded, and the identity of the agency employee against whom the charge is made. If the charge results in disciplinary action, this information must also be publicly accessible.

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