Posted on Jan 26, 1999 in Formal Opinions

Opinion Letter No. 99-01
January 26, 1999
Disclosure of Employee Misconduct Records

Where information resulting in the discharge or suspension of the employee may have been removed from the employee’s personnel file under a collective bargaining agreement provision, but remains elsewhere in the agency’s files, it is subject to disclosure.

Because the disciplinary information requested was created for personnel purposes, the OIP advised the Hawaii Health Systems Corporation (“HHSC”) to evaluate such employee disciplinary information, wherever maintained, in a manner consistent with information contained in a personnel file. The OIP determined that the HHSC must disclose the following information that results in an employee’s suspension or discharge, in accordance with section 92F-14(b)(4)(B), Hawaii Revised Statutes:

(1) The name of the employee;
(2) The nature of the employment-related misconduct;
(3) The agency’s summary of the allegations of misconduct;
(4) Findings of fact and conclusions of law; and
(5) The disciplinary action taken by the agency.

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