Office of Information Practices

Happy New Year from the Office of Information Practices!

New Sunshine Law provision:  OIP wants to remind government boards and their staff that Act12 (HB1599, HD1, SD2), went into effect yesterday, January 1, 2025. It requires a board holding a remote meeting to always give remote testifiers the option of being on-camera via a Zoom link or similar option for remote testimony.

New opinion letters: OIP posted five new informal opinions on its opinions page at oip.hawaii.gov. Summaries for the opinions can also be found by clicking the links below.

U MEMO 25-08  OIP found that the Maui Police Department (MPD) properly withheld Internal Affairs (IA) records for six of its officers and properly disclosed one internal affairs (IA) record that showed that the officer had been suspended for employment related misconduct.  MPD conducted a reasonable search for IA records and other information and found no additional records.  Most of the information in an Internal Affairs Inquiry Report that related to MPD’s investigation of the death of a fellow officer should be disclosed; except that highly personal and intimate details about the decedent officer should be withheld to avoid a clearly unwarranted invasion of personal privacy.

U MEMO 25-09  A requester sought records related to himself or his boat from the Department of Land and Natural Resources (DLNR).  OIP found that many of the responsive records were communications between the Department of the Attorney General (AG) and its clients in a lawsuit filed by the requester, or work product prepared in anticipation of litigation or for trial and therefore may be withheld under section 92F-22(5), Hawaii Revised Statutes (HRS).  However, OIP found that some of the responsive records were neither confidential attorney-client communications nor work product prepared in anticipation of litigation, and therefore must be disclosed except for other individuals’ personal contact information, which may be redacted under section 92F-13(1), HRS.

U MEMO 25-10  A requester appealed the Hawaii County Police Department’s (POLICE-H) response to his personal record request for that body-worn camera (BWC) recordings because the responsive recordings did not contain audio while in buffering mode, and the officer had enabled the mute feature during a portion of the recording.  OIP found POLICE-H did not have to conduct a reasonable search for the relevant audio portions of the BWC recordings because employees with actual knowledge explained that no audio ever existed for those portions.  Thus, the response that no additional audio is available was proper.  However, POLICE-H failed to respond within ten working days as required by section 92F-23, HRS.  POLICE-H’s failure to notify Requester of the specific parts of his personal record request that would not be disclosed and its legal basis for denying access did not violate the UIPA or chapter 2-71, Hawaii Administrative Rules (HAR), because the notice requirements set out in section 2-71-14, HAR, apply to government record requests, not personal record requests.  And, the UIPA and chapter 2-71, HAR, did not authorize POLICE-H to charge Requester for searching for, reviewing, and segregating records in response to his personal record request because the rules apply to government record requests, not personal record requests.

U MEMO 25-11  Requester asked whether the Department of Human Resources Development (DHRD) properly denied a request for records relating to its procedures for obtaining employment references and verification information from applicants’ current and former employers.  DHRD disclosed copies of six responsive records to Requester.  Requester noted minor differences between two forms when compared to the two forms that DHRD previously disclosed to him, and asserted that the minor differences in the two forms amounted to “outstanding issues.”  OIP found that DHRD reasonably explained that its forms may be amended at any time, and reasonably searched for information that would verify which specific forms were used when Requester had applied for a job with the agency.  Therefore, OIP concluded that DHRD’s response to the record request was proper.

U MEMO 25-12  Requester requested a copy of a complaint filed with the County of Hawaii Department of Parks and Recreation (PARKS-H) about him.  Based on the statements of PARKS-H staff and the oral “promise” PARK-H asserted was given to the complainant prior to filing the complaint, OIP found that the complainant furnished information under an express promise of confidentiality, and   concluded that in accordance with section 92F-22(2), HRS, PARKS-H is not required to disclose the name, address and telephone number of the complainant to Requester.

Reports Posted: three reports were recently posted to the OIP website.  The first, the 2024 UIPA Log Report, compiled record request data from 198 state agencies and 111 county agencies between July 1, 2023 – June 30, 2024.  Thank you to all state and county agencies that participated and provided their log data.

OIP also posted its final report on HR 104, Regular Session of 2019 which describes the results from the Hawaii House of Representatives’ request that OIP conduct an alternative appeal resolution pilot program and provide “short, informal, unenforceable guidance.”

Lastly, the Office of Information Practices’ 2024 Annual Report has been posted.

Mahalo Governor Green: in conclusion, OIP would like to send a heartfelt mahalo to Governor Josh Green for appointing Carlotta Amerino as OIP’s Director effective December 6, 2024.