U Memo 25-06

Posted on Sep 24, 2024 in Informal Opinions - UIPA Opinions

U Memo 25-06
September 24, 2024
Reasonable Search for Records

A record requester (Requester) sought copies of documents related to an employment application from the State of Hawaii Department of Education (DOE).  DOE provided Requester with records responsive to part of Requester’s request, asserted that it did not maintain records responsive to part of Requester’s request, stated that it would withhold testing and examination materials pursuant to section 92F-22(3), Hawaii Revised Statutes (HRS), and that it would redact the names of the interview panelists from the scoring sheets to protect an implied promise of confidentiality under section 92F-22(2), HRS.  Requester appealed DOE’s response to OIP. 

OIP found that DOE conducted a reasonable search for records responsive to the request in locations such records were likely to be found, that DOE properly identified records responsive to the record request, that DOE may withhold prospective employee interview questions under section 92F-22(3), HRS, and that, given that DOE had already provided the names of the interview panel members separately, DOE may redact the names of interview panel members from the scoring sheets under section 92F-22(2), HRS.  OIP concluded that DOE properly responded to the record request and satisfied its obligations under the UIPA to search for such records.