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

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OF N� r � UWA UNGLE STATE OF HAWAII GOVERNOR OFFICE OF THE LIEUTENANT GOVERNOR JAMES P-A10NA.JIL UeUTENAMT GOVERNOR OFFICE OF INFORMATION PRACTICES ` �°O NO.1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET.SUITE 107 HONOLULU,HAWA19 96813 Telephone: (808)586-1400 FAX (808)586-1412 E-MAL_ oipOhawatgov www.haw".9w1b p January 19, 2005 Mr. Michael Tresler Director of Finance County of Kauai 4444 Rice Street, Suite 280 Lihu'e, Hawaii 96766 Re: Disclosure of Exact Salaries to the Kauai County Council (RFA-G 99-006) Dear Mr. Tresler: This is in reply to the request by the Department of Finance, County of Kauai. ("Finance") for an opinion concerning the disclosure of certain information by Finance to the Kauai County Council("Council"). Specifically, Finance asked whether, under the Uniform Information Practices Act (Modified), chapter 92F, IM ("UIPA"), it is allowed to provide the Council with the job titles of county employees, including covered employeesl, and the exact salaries corresponding to those positions. We understand Finance's concern about disclosure of the information to the Council to arise because of a provision in the Revised Charter of the County of Kauai ("Charter") that requires the Council to make the information publicly available upon its receipt from Finance and the relative ease by which the public can determine the exact salaries of specific county employees, including covered employees.2 The term"covered employees"refers to those employees"covered by or included in chapter 76 and sections 302A-602 to 302A-640, and 302A-701, or bargaining unit(8)." Haw. Rev. Stat. § 92F-12(aX14)(Supp. 2003). s While the UIPA requires disclosure of only the salary range of covered employees, for exempt employees,i.e.,employees who are not covered employees,section 92F-12(aX14), HRS, requires disclosure of, among other things,their names,job titles and exact salaries. Haw. Rev. Stat. i §92F-12(aX14)(Supp.2003). Because their exact salaries are public,disclosure of information from hich exempt employees'exact salaries can be determined is consistent with the UIPA and raises no for us to consider. This opinion,therefore,is limited to disclosure of the information about e ed employees and their exact salaries. OIP Op. Ltr. No. 05-03