U Memo 25-08

Posted on Oct 18, 2024 in Informal Opinions - UIPA Opinions

U Memo 25-08
October 18, 2024
Police Internal Affairs Records

Requester sought Internal Affairs (IA) Records for seven Maui Police Department (MPD) officers.  Upon in camera review of the records, OIP found that six MPD officers were never suspended or discharged for employment related misconduct, and therefore, concluded that these officers’ records may be withheld under section 92F-13(1), HRS, to avoid a clearly unwarranted invasion of their personal privacy.  Since information in one MPD officer’s IA record showed that he had been suspended, OIP found that MPD properly disclosed this record to Requester because the information is considered public.

As part of her appeal, Requester had asked whether there were any missing IA records or other information not provided to her.  In response, MPD searched for additional responsive records and information by looking in places where such information would have been kept and found none.  OIP concluded that MPD’s search was reasonable, its response was proper, and that no further actions is required.

Upon review of an Internal Affairs Inquiry (Inquiry Report), OIP found that the majority of the information may be disclosed to Requester because it provided documentation of MPD’s investigation into the death of a fellow MPD officer.  However, the portions of the Inquiry Report that included highly personal and intimate details about the decedent officer’s home may be withheld to avoid a clearly unwarranted invasion of personal privacy.