Opinion Letter No. 90-12
February 26, 1990
Agency Employee Misconduct; Disciplinary Records
The UIPA provides that an agency employee does not
have a privacy interest in information
concerning the status of any formal charges and disciplinary action
taken. Formal complaints of sexual
harassment filed against faculty members of the University of Hawaii
at Manoa constitute a "formal
charge" that must be disclosed under the UIPA. Information
concerning the "status" of a formal charge
includes the fact that a complaint has been filed, whether the proceeding
is pending or concluded, and
the identity of the agency employee against whom the charge is made.
If the charge results in
disciplinary action, this information must also be publicly accessible.