2005-12-12_Confidentiality_of_Employee_Accident_Reports

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Harry Kim t7;°F M Lincoln S.T.Ashida Mayor Corporation Counsel Gerald Takase Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawaii 967204262 • (808)961-8251 • Fax(808)961-8622 December 12, 2005 Ms. Charmaine Kamaka Department of Civil Service 101 Pauahi Street, Suite 2 Hilo, Hawaii 96720 Re: Legal Opinion: Confidentiality of Employee Accident Reports Dear Charmaine: Pursuant to your question regarding whether vehicle damage and incident reports are considered a public record, I have had a chance to review the UIPA and relevant authorities. Based upon my research, this office is of the opinion that employee reports filed with your office are not public record and should not be disclosed. This opinion is based on a number of factors, including the existence of personal information regarding an employee. The primary reason for this opinion,however, is that Section 92F-13(3)protects records that by their nature must be confidential in order for the government to avoid the frustration of a legitimate government function. Any time an employee of the County is involved in a motor vehicle accident, the potential for litigation looms large. Any information in a record which includes facts which could be used in preparation of a defense, or in the prosecution of any lawsuit,has been construed by the Office of Information Practices to be"work product,"i.e., information which is prepared in anticipation of litigation and therefore not to be disclosed. Accordingly, this information should not be disclosed for the reasons stated above. Yours tru , ( i Michael J. Udovic Deputy Corporation Counsel MJU:mc sAwork 2005\dec\wrk 05-10588\lo to civ svc re accident rpts 12-12-05 M1Umc Hawaii County is an Equal Oppertwity Provider and Employer