U Memo 25-20
Posted on Jun 4, 2025 in Informal Opinions - UIPA OpinionsU Memo 25-20
June 4, 2025
Personal Records; Stalking Allegations
In 2022, the director (Director) of the Hawaii County Department of Parks and Recreation (Parks) appeared before the Hawaii County Board of Ethics and, according to Requester, “spewed about an accusation that [Requester] was following [Kona Community Aquatics Center staff] home after work.” Requester thereafter made a record request for copies of all communications that reported the stalking allegations. Parks granted the request. In response, Requester stated in an email to Parks which included OIP as a “cc” recipient that he “shall file yet another appeal with OIP,” without elaborating on why he believed Parks’ response to his request was improper. Parks’ response to the appeal stated that it had “searched our records and we have provided everything related to the request,” and the Director stated “I am the one who provided the emails. I did not conduct a ‘search’ since I knew the exact emails that I was referring to.” OIP concluded that Parks provided responsive accessible personal records under part III of the UIPA. OIP further concluded that, because an employee had actual knowledge that additional responsive records did not exist, Parks did not need to conduct a search for records under part II of the UIPA.