U Memo 15-6

Posted on Jan 21, 2015 in Informal Opinions - UIPA Opinions

U Memo 15-6
January 21, 2015
Consultant Review Reports
on Time Share Plans

Requester asked whether, under Part II of the UIPA, the Professional and Vocational Licensing Division, Department of Commerce & Consumer Affairs (DCCA), properly denied access to letters (Letters) from Special Deputy Attorney General (SDAG) consultants (Consultants) reviewing the applications (Application) for registration of the Ko Olina Beach Club Vacation Ownership Program and the Marriott Vacation Club Destinations.

OIP found that the Letters were written by the Consultants in their respective capacities as SDAGs to provide legal advice to DCCA. Therefore, OIP concluded that the Consultants’ Letters are protected by the attorney-client privilege and may, therefore, be withheld under the UIPA exceptions for “[g]overnment records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function” and “[g]overnment records which, pursuant to state or federal law . . . are protected from disclosure.” HRS § 92F-13(3), (4) (2012).