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2005-01 Disclosure of Exact Salaries OIP Opinion 05-03
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2005-01 Disclosure of Exact Salaries OIP Opinion 05-03
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+�:`••`•''• Lincoln S.T.Ashida <br /> Har ry Kim ` - Corporation Counsel <br /> Mayor <br /> Gerald Takase <br /> .,;:;; Assistant Corporation <br /> of'N��'� Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> February 3, 2005 <br /> Corporation Counsel Published Opinion No. 05-001 <br /> Honorable Michael R. Ben <br /> Director of Personnel <br /> County of Hawaii <br /> 101 Pauahi St. <br /> Hilo, HI 96720 <br /> Dear Mr. Ben: <br /> RE: OIP Opinion No. 05-03 <br /> Our Entry No.: WRK 05-9200 <br /> Via memorandum dated February 1, 2005, the Department of Civil Service <br /> has sought guidance from the Corporation Counsel whether the exact salaries of <br /> civil service employees should be publicly disclosed, pursuant to Office of <br /> Information Practices (hereinafter"OIP") Opinion No. 05-03. For reference <br /> purposes, the Department of Civil Service memorandum and the aforementioned <br /> OIP opinion are enclosed for reference purposes. <br /> OIP Opinion No. 05-03 essentially reverses prior OIP opinions to the <br /> extent that prior opinions of the OIP mandated non-disclosure whenever there <br /> was a non-constitutionally protected significant privacy interest. OIP Opinion No. <br /> 05-03 holds that non-disclosure would only be mandated in constitutionally <br /> protected situations (i.e., when a record or the information contained in that <br /> record is protected by the right to privacy provision of the Hawaii State <br /> Constitution). <br /> The OIP presently recognizes that the Uniform Information Practices Act <br /> (hereinafter "UIPA", and referred to as the "Statute" in OIP Opinion No. 05-03) is <br /> a law promoting the disclosure of records and not one requiring non-disclosure. <br /> In Hawaii County, our offices have jointly and previously recommended to <br /> the Hawaii County Council and Finance Department that (1) the exact salaries of <br /> elected and appointed employees may be publicly disclosed, and (2) only the <br /> salary ranges of civil service employees may be publicly disclosed. As a result, <br /> Hawaii County is an Equal Opportunity Employer and Provider <br />
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