UIPA Memo 10-3
Settlement Terms Pending Execution of Agreement
OIP was asked by the Department of the Attorney General
(the AG) under part II of the UIPA whether it may withhold from
disclosure the State’s portion of the settlement amount for
the Ka Loko dam civil cases before the settlement agreement is fully
executed. The settlement will result in the dismissal of all pending
civil cases arising from the Ka Loko dam breach.
The AG specifically asked OIP to review the AG’s
position that HRS §92F-13(3) (disclosure not required where
records must be confidential to avoid frustration of a legitimate
government function) permits postponing disclosure of the State’s
settlement amount until the settlement agreement is finalized and
fully executed by all parties to the litigation.
OIP concluded that the AG may withhold the State’s
portion of the Ka Loko dam settlement amount pending full execution
of the settlement agreement by the parties, agreeing that disclosure
of the settlement agreement, or terms contained in that agreement,
prior to its final execution could potentially jeopardize the settlement.