Memo Decision 09-13
Hawaii Superferry Records
A newspaper reporter asked whether the Office of the
Governor properly withheld certain records under the UIPA in response
to the reporter’s request for records concerning the Hawaii
Superferry. Specifically, the requester asked OIP to review select
records he identified on the privilege log provided to him by letter
from the Department of the Attorney General (the “AG”),
and to determine whether the executive privilege and/or attorney-client
privilege designated on the log as the basis for denying access
were being properly applied.
Based upon its review, OIP found that the majority of the disputed
records, which include communications with outside consultants,
do fall under UIPA exceptions to disclosure, primarily being records
protected by the deliberative process or the attorney-client privilege.
These records consist primarily of back and forth predecisional
communications seeking and sharing the subjective thoughts and opinions
of various employees and consultants, projected timelines, and drafts
of letters and agreements, preliminary to policy decisions by the
Department of Transportation and/or the Office of the Governor that
concerned the Superferry project.