Laserfiche WebLink
County of MTwat I-Department of avdService <br /> Inter0i ff�ice Memo F`r ; <br /> 70: Lincoln S.t Ashida, Corporation Couns:05 f ES 2 AM 10 `f 2 <br /> 3WN: Michael R. Ben, Director of Personnel <br /> DAB E: February 1, 2005 BY- <br /> SWIJEC : OIP Opinion 05-03 <br /> The Office of Information Practice issued its Opinion Letter No. 05-03 on <br /> January 19, 2005. The opinion represents a shift from previous OIP opinions in that <br /> the exceptions to public disclosure of a particular record found in §92F-13, HRS, <br /> are not to be construed as prohibiting disclosure. Rather, an agency is to use <br /> discretion on whether a "covered" exception in §92F-13, HRS, may be disclosed <br /> or not. The opinion goes on to discuss, to a limited extent, how this discretion is to <br /> be exercised. <br /> The instant subject of the OIP opinion is that of specific salaries of civil service <br /> employees. In my reading of the opinion, since public employee salaries are a <br /> legitimate public concern, and disclosure of these salaries would not violate the <br /> employees' constitutional right of privacy, and that the purpose of Chapter 92F, <br /> HRS, is one of disclosure, the specific salaries of civil service employees may be <br /> disclosed. <br /> This opinion is contrary to what both your office and I have advised the County <br /> Council and others in the past (that disclosure of specific civil service employee <br /> salaries is prohibited). However, the strong wording of the opinion is one of <br /> exercising discretion. <br /> I am requesting guidance from your office as to when we should allow disclosure <br /> of specific civil service employee salaries and when we should not. The OIP <br /> opinion, while noting that individuals do not have a constitutional right to privacy <br /> with respect to their specific salary, notes that "employees" may have a <br /> significant privacy interest in their exact salary. I seek guidance too on the <br /> specific situation where an individual citizen asks for a civil service employee's <br /> specific salary vs. other interest groups seeking the same information. <br /> I have enclosed your office's work request form for this request. <br /> sst <br /> Enclosure <br /> Hawaii County is an Equal Opportumty Provider and EttP(ojw <br />