Posted on Jul 18, 1997 in Formal Opinions

Opinion Letter No. 97-07
July 18, 1997
Required Disclosure of Certified Payroll Records

[NOTE:  Section 92F-12(a)(9), the statute at issue in this opinion, was amended in 2005 and 2007, which may materially affect the conclusion reached in similar future opinions.]

The OIP reconfirmed its earlier opinion (Opinion Letter Number 89-8, Nov. 20, 1989), which advised that State and County agencies are required to disclose certified payroll records submitted by contractors on public works contracts. Under the UIPA’s mandatory disclosure requirements, section 92F-12(a), Hawaii Revised Statutes, certified payroll records are specifically made public.

Furthermore, the personal privacy exception to disclosure set forth in section 92F-13(1), Hawaii Revised Statutes, does not apply to prevent disclosure of personal information contained within those certified payroll records, even if an individual asks the agency to redact personal information from the certified payroll record because records described as public under section 92F-12, Hawaii Revised Statutes, are not subject to the disclosure exceptions set forth in section 92F-13, Hawaii Revised Statutes.

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