Posted on Nov 25, 1991 in Formal Opinions

Opinion Letter No. 91-22
November 25, 1991
Intra-Agency Memoranda Discussed at a Public Meeting

[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).]

Draft agency documents and staff memoranda discussed at a public meeting of a commission must be made available for public inspection and copying if the contents of such records were substantially discussed at the public meeting. While portions of these records would otherwise be protected by the “deliberative process privilege,” this privilege may be waived by the voluntary disclosure of the contents of the records.

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