Office of Information Practices

U Memo 24-07
March 20, 2024
Video and Written Statements for Job Application
and Police Recruitment Policies

Requester sought access to a video recording and written statements relating to his 2019 employment application to POLICE-H, and POLICE-H recruitment policies and procedures on specified topics.  POLICE-H notified Requester that it did not maintain the video recording and written statements, and denied access to the requested policies and procedures under the UIPA’s exception for records whose disclosure would frustrate a legitimate government function, section 92F-13(3), HRS. 

OIP found based on POLICE-H’s explanation of its search for the recording and written statements that POLICE-H conducted a reasonable search for the written statements and had actual knowledge that no responsive recording was created.  OIP therefore concluded that POLICE-H met its UIPA obligations when it notified Requester that it did not maintain those records. 

OIP concluded that the requested Procedures Manual sections were not “[r]ules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency” under section 92F12(a)(1), HRS, and thus are not mandated to be public without application of the UIPA’s exceptions.  Nevertheless, OIP further concluded that the UIPA’s frustration exception did not authorize POLICE-H to withhold the responsive Procedures Manual sections, so they must be disclosed.  HRS § 92F-13(3) (2012).