Office of Information Practices

U Memo 25-22
June 30, 2025
Proposals and Financial Records Designated as Confidential 

Requester questioned whether the City and County of Honolulu, Department of Budget and Fiscal Services (B&F-HON) properly withheld financial records from six offerors and two of the six proposals received for beachboy services.  OIP found section 102-3, HRS, did not apply to protect the records because it pertains to bids and bidders, and the records at issue were proposals that were also not submitted under oath or in response to a questionnaire.  OIP also found that the proposals could not be withheld under section 92F-13(3), HRS, because no trade secrets were contained in the records; and, without an ongoing procurement, the proposals could not be withheld under the manifestly unfair advantage standard of the frustration exception.  OIP concluded that detailed financial information could be withheld to prevent substantial competitive harm, but narrative portions of the proposals were not confidential.  However, business referral sources, a third-party training manual, and personal references could be withheld to avoid frustration of a legitimate government function under section 92F-13(3), HRS, as well as personal information about employees and interns, unrelated to their qualifications for the job, to avoid an unwarranted invasion of privacy under section 92F-13(1), HRS.