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

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Summary Hawaii County's present practice of providing two separate communications to the Council should continue. One communication contains more detailed salary information (the proposed or budgeted salaries of civil servants), and the other does not. The latter report references the employee's bargaining unit number. Salary schedules of the respective bargaining units are provided, and salary ranges may thereupon be determined. This latter communication is a public record, pursuant to Section 10-2(d), of our Charter. In the event the Council requests even more detailed information in the confidential communication (e.g., the names of the employees), departments are urged to consider this a request for information pursuant to HRS Section 92F-19. Thus, if it is determined the Council (or other County department or agency requesting the information) needs this information in order to perform its responsibilities, disclosure may be appropriate. Nonetheless, this data will continue to remain a non-public record, and the privacy interests of the employees will remain protected. Requesting department or agencies (or the Council) should be aware of the restrictions of HRS Section 92F-19(b), on the handling of this confidential information. The unauthorized public dissemination of this information may result in severe sanction to the requesting and receiving department or agency. If a member of the public requests the exact salary of a civil servant, we should respond by not providing this information, and explaining that such information is protected from disclosure by our laws, as Mr. Kondo of the OIP has so opined. Please contact me if further discussion or assistance is needed. Thank you for raising this very important issue. Very truly yours, Q19___ LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: Department of Finance Budget Division (w/ encls.) S: Departments/Corp CounseULSA Misc.Corresp./Letter to M Ben re salary information PUBLISHED 2-2-05/LSAmr