02-12Posted on Nov 22, 2002 in Formal Opinions
Opinion Letter No. 02-12
November 22, 2002
Hawaii’s Fiscal Accounting and Management System (“FAMIS”) is a government record as defined by section 92F-3, Hawaii Revised Statutes. As a government record, FAMIS is subject to the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“UIPA”). Under the UIPA, the public is entitled to access information contained in FAMIS that is not protected from disclosure by section 92F-13, Hawaii Revised Statutes.
The Department of Accounting and General Services (“DAGS”) may withhold information from the public that is contained in FAMIS if it fits into one of the exceptions at 92F-13, Hawaii Revised Statutes. The OIP did not review the contents of FAMIS, however, it appears that at least some of the information contained therein may be protected from disclosure under section 92F-13(1), (4), Hawaii Revised Statutes.
DAGS has no obligation under the UIPA to provide information contained in FAMIS that is not readily retrievable. Haw. Rev. Stat. § 92F-11(c) (1993).
The OIP was also asked whether the language in Section 189 of House Bill 1220 (“H.B. 1220”) introduced in 1995 to the Eighteenth Legislature, which would have allowed the “legislature” read-only access to FAMIS, refers to the Legislature as a body, or to each individual Legislator. The Attorney General interpreted the term “legislature” as used in H.B. 1220 to apply to the Legislature as a body. The OIP did not opine on this issue as H.B. 1220 did not pass and the issue is moot.