Formal Opinions

Opinion Letter No. 03-14 July 17, 2003 Disclosure of Grievance File to the Office of the Legislative Auditor Under the UIPA, state agencies are required to disclose government records where there is a state law that authorizes disclosure. As disclosure...

Opinion Letter No. 03-13 July 14, 2003 Views of Non-Board Members Included in Minutes The Sunshine Law requires that boards keep written minutes of all meetings which “give a true reflection of the matters discussed at the meeting and the...

Opinion Letter No. 03-12 July 14, 2003 Attendance at Executive Meetings by Parties Other Than Council or Board Members [NOTE: This opinion has been partially overruled by County of Kauai v. OIP, 120 Haw. 34 (2009). Based on the decision...

Opinion Letter No. 03-11 July 8, 2003 Evidence from Pending Police Investigation File Section 92F-22(1)(A), Hawaii Revised Statutes, allows police departments to deny personal record requests for evidence that was originally submitted by the requester and is part of a...

Opinion Letter No. 03-10 June 30, 2003 Charter Schools and the UIPA [NOTE:  This opinion was overruled by OIP Op. Ltr. No. 05-09.] Section 302A-1184, Hawaii Revised Statutes, exempts new century charter schools from most State laws, including the UIPA....

Opinion Letter No. 03-09 June 26, 2003 Police Department Mug Shots In OIP Opinion Letter Number 94-12, the OIP opined that a Hawaii Police Department mug shot must be made available for public inspection and copying under the Uniform Information...

Opinion Letter No. 03-08 June 18, 2003 Kauai Planning Commission and Subdivision Committee Meetings [NOTE:  This opinion has been affected by Act 64 (Sess. Law H. 2017). In summary, section 92-7.5, HRS (effective July 1, 2018), requires boards to make the...

Opinion Letter No. 03-07 May 28, 2003 Voting in Executive Meetings Boards subject to the Sunshine Law may vote in executive meetings. To require an open vote on matters discussed in executive meetings would, in many circumstances, defeat the purpose...

Opinion Letter No. 03-06 May 2, 2003 Electronic Transmission of Testimony The OIP was asked whether a board violated the Sunshine Law by not accepting e-mail testimony. The OIP concluded that the Sunshine Law must be liberally construed to afford...

Opinion Letter No. 03-05 April 11, 2003 HIPAA and Part II of the Uniform Information Practices Act There is no conflict between Part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes ("UIPA"), and 45 C.F.R. Parts...