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UIPA Memo 10-4
Vacation Credit Liabilities
The Chair of a legislative committee appealed a denial
of access by the Office of the Governor and the Office of the Lieutenant
Governor to certain information concerning the offices’ vacation
credit liabilities for individual employees. To best utilize government
resources, OIP provided guidance to both offices regarding disclosure,
and the information was provided requested in the desired form.
OIP was subsequently asked for a written opinion.
Accordingly, OIP provided a general advisory opinion on two issues
as follows:
(1) Whether an agency may withhold information regarding vacation
credit liabilities for identified exempt employees
The information requested would allow (1) identification of employees;
(2) the amount of vacation hours that each had accrued; and (3)
the dollar value of those vacation hours, which OIP understands
would reflect their current salaries. The UIPA requires an agency
to disclose the name of employees and the exact compensation for
employees not covered by or included in chapter 76 and sections
302A-602 to 302A-640, and 302A-701, or bargaining unit (8). Haw.
Rev. Stat. § 92F-12(a)(14). Further, OIP had previously opined
that a government employee’s vacation leave records may not
be withheld under the privacy exception to disclosure. OIP Op. Ltr.
No. 90-17. Thus, records of the number of vacation hours accrued
for an employee and the dollar amount an agency would be required
to pay out for vacation hours of an exempt employee must be disclosed
upon request. OIP noted, however, that for covered or included employees,
an agency may disclose vacation pay out amounts for those employees
in a manner that would not disclose their exact compensation.
(2) What remedies are available to the legislature where an agency
fails to provide information required to be disclosed under the
UIPA
The general remedies available to a person for a denial of access,
i.e., appeal to OIP or to the circuit court, may be utilized by
a legislative body. In addition, the UIPA provides the legislature
with greater authority through subpoena powers to access records
that may not otherwise be generally accessible. Specifically, section
92F-12(b)(5), HRS, requires an agency to disclose “records
pursuant to a subpoena from either house of the state legislature[.]”
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