Office of Information Practices

U Memo 10-3
December 2, 2009
Settlement Terms Pending Execution of Agreement

OIP was asked by the Department of the Attorney General (the AG) under part II of the UIPA whether it may withhold from disclosure the State’s portion of the settlement amount for the Ka Loko dam civil cases before the settlement agreement is fully executed. The settlement will result in the dismissal of all pending civil cases arising from the Ka Loko dam breach.

The AG specifically asked OIP to review the AG’s position that HRS §92F-13(3) (disclosure not required where records must be confidential to avoid frustration of a legitimate government function) permits postponing disclosure of the State’s settlement amount until the settlement agreement is finalized and fully executed by all parties to the litigation.

OIP concluded that the AG may withhold the State’s portion of the Ka Loko dam settlement amount pending full execution of the settlement agreement by the parties, agreeing that disclosure of the settlement agreement, or terms contained in that agreement, prior to its final execution could potentially jeopardize the settlement.