HomeMy WebLinkAbout2005-12-12_Confidentiality_of_Employee_Accident_Reports 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
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