03-14Posted on Jul 17, 2003 in Formal Opinions
Opinion Letter No. 03-14
July 17, 2003
Disclosure of Grievance File to the Office of the Legislative Auditor
Under the UIPA, state agencies are required to disclose government records where there is a state law that authorizes disclosure. As disclosure to the Office of the Legislative Auditor (“Auditor”) is authorized by state law, agencies must disclose government records to the Auditor, any law to the contrary notwithstanding.
In addition, state agencies are not required to obtain consent by employees named in government records before disclosure to the Auditor. The UIPA’s mandatory disclosure provisions are to be read in the disjunctive, i.e., as expressing alternative categories of documents that must be disclosed as a matter of law. Therefore, if one of the categories of records listed in section 92F-12(b), HRS, requires disclosure, an agency must disclose the records, as a matter of law.