2005-01 Disclosure of Exact Salaries OIP Opinion 05-03

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Mr. MiChae1 TreSler January 19, 2005 Page 8 4' the UIPA.is disclosure. The legislature, in enacting the UIPA, noted that the statute "will provide clear recognition of...its primary goal of ensuring access to government records," Conf. Comm. Rep. 112-88, 14th Leg., 1988 Reg. Sess., Haw. H.J. 817 (1988), and confirmed that goal by expressly stating that the intent of the statute is to "[proomote the public interest in disclosure[.]" Haw. Rev. Stat. § 92F-2 (1999). Given that the statute is intended to "promote"public access to government records, we do not believe that requiring disclosure of records that could otherwise be withheld is contrary to the UIPA or its intent. See, e. .. Pacific International Services v. Hurin, 76 Haw. 209, 873 P.2d 88 (1994) (state law did not preempt county ordinance mandating greater insurance coverage than required by state law). We note, however, that our conclusion is limited. As discussed above, in addition to its primary goal of protecting access, the UIPA is intended to recognize the right to privacy contained in Hawaii's Constitution. Charter provisions or county ordinances that require greater disclosure than is required by the UIPA may run afoul of the UIPA or the Constitution by requiring disclosure of records(or information contained therein) that fall within the constitutional right to privacy. CONCLUSION We conclude that disclosure of the exact salaries in the proposed budget is consistent with the UIPA. Given that the underlying purpose of the UIPA is disclosure, the Charter's requirement that the proposed budget be available to the public, including information that Finance, in its discretion, may otherwise be able to withhold under the UIPA, does not violate or otherwise conflict with the statute. Very ly yours, Leslie H. Kondo Director LHK:os OIP Op. Ltr. No. 05-03