U Memo 11-8

Posted on Oct 19, 2010 in Informal Opinions - UIPA Opinions

U Memo 11-8
October 19, 2010
Personnel Records

Requester asked whether the Department of Human Resources Development (DHRD) must disclose an employee evaluation and other personnel records under part II of the UIPA.

Environment Hawaii, a monthly newsletter, made a UIPA request to DHRD for a letter dated February 23, 2010, and its attachments. The letter is from a state employee to DHRD, expressing concerns regarding the handling of an internal complaint he made arising out of a suspension by his employing agency, and the attachments that are at issue are an employment evaluation and a memorandum regarding an employment issue.

DHRD denied the request as to the letter itself and the two attached personnel records based on the UIPA’s privacy exception, section 92F-13(1), HRS, and asked OIP for this opinion on whether its denial was justified under the UIPA.

OIP found that under the UIPA’s privacy exception, section 92F-13(1), HRS, DHRD properly withheld the employee evaluation and memorandum that were attached to the February 23 letter. However, the letter itself should have been partially disclosed, with redactions to protect the employee’s privacy interest in the underlying employment matters.