UIPA Memo 11-8
Requester asked whether the Department of Human Resources
Development (DHRD) must disclose an employee evaluation and other
personnel records under part II of the UIPA.
Environment Hawaii, a monthly newsletter,
made a UIPA request to DHRD for a letter dated February 23, 2010,
and its attachments. The letter is from a state employee to DHRD,
expressing concerns regarding the handling of an internal complaint
he made arising out of a suspension by his employing agency, and
the attachments that are at issue are an employment evaluation and
a memorandum regarding an employment issue.
DHRD denied the request as to the
letter itself and the two attached personnel records based on the
UIPA’s privacy exception, section 92F-13(1), HRS, and asked
OIP for this opinion on whether its denial was justified under the
OIP found that under the UIPA’s
privacy exception, section 92F-13(1), HRS, DHRD properly withheld
the employee evaluation and memorandum that were attached to the
February 23 letter. However, the letter itself should have been
partially disclosed, with redactions to protect the employee’s
privacy interest in the underlying employment matters.