Posted on Jul 8, 1994 in Formal Opinions

Opinion Letter No. 94-13
July 8, 1994
County Employee’s Personnel File Accessible to U.S. Department of Labor

The County of Maui properly provided the U.S. Department of Labor (Department) with access to a county employee’s personnel file in connection with the Department’s investigation of a whistleblower complaint filed by a county employee under federal water pollution control laws. Federal regulations permit the Department to inspect the records of any employer deemed necessary to determine whether a violation of the law has been committed. The OIP concluded that a federal administrative regulation is a “federal law” for purposes of section 92F-12(b)(2), Hawaii Revised Statutes. This UIPA provision requires an agency to disclose government records, pursuant to a federal law, which are expressly authorized to be disclosed to the person requesting access.

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