In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy -- the discussions, deliberations, decisions, and action of governmental agencies -- shall be conducted as openly as possible. To implement this policy,the legislature declares that:
(1) It is the intent of this part to protect the people's right to know; (2) The provisions requiring open meetings shall be liberally construed; and (3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings. [L 1975, c 166, pt of §1]
As used in this part: (1) "Board" means any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions.
(2) "Chance meeting" means a social or informal assemblage of two or more members at which matters relating to official business are not discussed.
(3) "Meeting" means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power. [L 1975, c 166. Pt of §1; am L 1976, c 212, §l]
Every meeting of all boards shall be open to the public and all persons shall be permitted to attend any meeting unless otherwise
provided in the constitution or as closed pursuant to sections 92-4 and 92-5: provided that the removal of any person or persons who wilfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited. The boards shall afford all interested persons an opportunity to submit data, views. or arguments, in writing, on any agenda item. The boards shall also afford all interested persons an opportunity to present oral testimony on any agenda item. The boards may provide for reasonable administration of oral testimony by rule. [L 1975, c 166, Pt of § 1; am L 1985, c 278, §1]
A board may hold an executive meeting closed to the public upon an affirmative vote, taken at an open meeting, of two-thirds of the members present; provided the affirmative vote constitutes a majority of the members to which the board is entitled. A meeting closed to the public shall be limited to matters exempted by section 92-5. The reason for holding such a meeting shall be publicly announced and the vote of each member on the question of holding a meeting closed to the public shall be recorded, and entered into the minutes of the meeting. [L 1975, c 166, Pt of §1; am L 1985, c 278, §2]
Certain police records not public records. 42 H. 14, (decided prior to enactment of section).
(a) A board may hold a meeting closed to the public pursuant to section 92-4 for one or more of the following purposes: (1) To consider and evaluate personal information relating to individuals applying for professional or vocational licenses cited in section 26-9 or both; (2) To consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting. an open meeting shall be held; (3) To deliberate concerning the authority of persons designated by the board to conduct labor negotiations or to negotiate the acquisition of public property, or during the conduct of such negotiations; (4) To consult with the board's attorney on questions and issues pertaining to the board's powers. duties, privileges, immunities, and liabilities; (5) To investigate proceedings regarding criminal misconduct; and (6) To consider sensitive matters related to public safety or security. (b) In no instance shall the board make a decision or deliberate toward a decision in an executive meeting on matters not directly related to the purposes specified in subsection (a). This part shall not apply to any chance meeting at which matters relating to official business are not discussed. No chance meeting or elec-
tronic communication shall be used to circumvent the spirit or requirements of this part to make a decision or to deliberate toward a decision upon a matter over which the board has supervision. control. jurisdiction, or advisory power. [L 1975, c 166, Pt of §1; am L 1985, c 278. §3; gen ch 1985]
(a) This part shall not apply: (1) To the judicial branch. (2) To adjudicatory functions exercised by a board and governed by sections 91-8 and 91-9, or authorized by other sections of the Hawaii Revised Statutes. In the application of this subsection, boards exercising adjudicatory functions include, but are not limited to, the following:
(A) Hawaii labor relations board, chapters 89 and 377; (B) Labor and industrial relations appeals board, chapter 371; (C) Hawaii paroling authority, chapter 353;
(D) Civil service commission, chapter 26; (E) Board of trustees, employees' retirement system of the State of Hawaii, chapter 88; (F) Criminal injuries compensation commission, chapter 351; and (G) State ethics commission, chapter 84. (b) Notwithstanding provisions in this section to the contrary, this part shall apply to require open deliberation of the adjudicatory functions of the land use commission. [L 1975, c 166, Pt of §1; am L 1976, c 92, §8: am L 1985, c 251, §11]
a) The board shall give written public notice of any regular, special. or rescheduled meeting. or any executive meeting when anticipated in advance. The notice shall include an agenda which lists all of the items to be considered at the forthcoming meeting. the date, time, and place of the meeting, and in the case of an executive meeting the purpose shall be stated.
(b) The board shall file the notice in the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office at least six calendar days before the meeting. The notice shall also be posted at the site of the meeting whenever feasible. No board shall change the agenda. once filed, by adding items thereto without a two-thirds recorded vote of all members to which the board is entitled; provided that no item shall be added to the agenda if it is of reasonably major importance and action thereon by the board will affect a significant number of persons. Items of reasonably major importance not decided at a scheduled meeting shall be considered only at a meeting continued to a reasonable day and time.
(c) The board shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection (b). [L 1975,c 166,ptof§l;amL 1976,c212,§2; am L 1984, c271,§l;am L 1985, c 278, §4]
If a board finds that an imminent peril to the public health, safety, or welfare requires a meeting in less time than is provided for in section 92-7, the board may hold an emergency meeting provided:
(1) The board states in writing the reasons for its findings;
(2) Two-thirds of all members to which the board is entitled agree that the findings are correct and an emergency exists;
(3) An emergency agenda and the findings are filed with the office of the lieutenant governor or the appropriate county clerk's office, and in the board's office; and
(4) Persons requesting notification are contacted by mail or telephone as soon as practicable. [L 1975, c 166, Pt of §1]
(a) The board shall keep written minutes of all meetings. Unless otherwise required by law, neither a full transcript nor a recording of the meeting is required, but the written minutes shall give a true reflection of the matters discussed at the meeting and the views of the participants. The minutes shall include, but need not be limited to:
(1) The date, time and place of the meeting;
(2) The members of the board recorded as either present or absent;
(3) The substance of all matters proposed, discussed or decided; and a record, by individual member, of any votes taken; and
(4) Any other information that any member of the board requests be included or reflected in the minutes.
(b) The minutes shall be public records and shall be available within thirty days after the meeting except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.
(c) All or any part of a meeting of a board may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction, except when a meeting is closed pursuant to section 92-4; provided the recording does not actively interfere with the conduct of the meeting. [L 1975, c 166, pt of §11
Notwithstanding any provisions contained in this chapter to the contrary, open meeting requirements, and provisions regarding enforcement, penalties and sanctions. as they are to relate to the state legislature or to any of its members shall be such as shall be from time to timeprescribed by the respective rules and procedures of the senate and the house of representatives, which rules and procedures shall take precedence over this part. Similarly. provisions relating to notice, agenda and minutes of meetings, and such other requirements as may be necessary. shall also be governed by the respective rules and procedures of the senate and the house of representatives. [L 1975. c 166, Pt of §1]
Any final action taken in violation of sections 92-3 and 92-7 shall be voidable upon proof of wilful violation. A suit to void any final action shall be commenced within ninety days of the action. [L 1975. c 166, Pt of §1]
Violation not wilful. 4 H. App. 633, 675 P.2d 784.
(a) The attorney general and the prosecuting attorney shall enforce this part. (b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy. (c) Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body. The court may order payment of reasonable attorney fees and costs to the prevailing party in a suit brought under this section. (d) The proceedings for review shall not stay the enforcement of any agency decisions; but the reviewing court may order a stay if the following criteria have been met: (1) There is likelihood that the party bringing the action will prevail on the merits; (2) Irreparable damage will result if a stay is not ordered; (3) No irreparable damage to the public will result from the stay order; and (4) Public interest will be served by the stay order. [L 1975, c 166, Pt of § 1; am L 1985, c 278, §51
Any person who wilfully violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law. [L 1975, c 166, Pt of § 1]
Except as otherwise provided by law, a copy of any government record, including any map, plan. diagram, photograph, photostat, or geographic information system digital data file, which is open to the inspection of the public shall be furnished to any person applying for the same by the public officer having charge or control thereof upon the payment of the reasonable cost of reproducing such copy. The cost of reproducing any govemment record, except geographic information system digital data, shall not be less than 25 cents per page, sheet, or fraction thereof. The cost of reproducing geographic information system digital data shall be in accordance with rules adopted by the agency having charge or control of that data. Such reproduction cost shall include, but shall not be limited to, labor cost for search and actual time for
reproducing, material cost, including electricity cost, equipment cost, including rental cost, cost for certification, and other related costs. All fees shall be paid in by the public officer receiving or collecting the same to the state director of finance, the county director of finance, or to the agency or department by which the officer is employed, as government realizations. [L 1921, c 96, § I; RL 1925, § 166; am L 1929, c 166. Pt of §1; am L 1931, c 178, §1; RL 1935, §147; RL 1945, pt of §458; am L 1945, c 248, §1; amL 1949, c 345, §1; am L Sp 1949, c 23, §1; RL 1955, §7-1; amL Sp 19592d,c 1,§14; amL 1963,c 114,§1:HRS§92-21;amL 1974,c 145,§2;amL 1976. c 212, §3; am L 1991, c 145, §3; am L 1993, c 103, §1]
Records not otherwise open to the public are not opened by this Section. 42 H. 14.
This chapter shall be known and may be cited as the Uniform lnk)rmation Practices Act (Modified). [L 1988, c 262, Pt of §11
In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and partici pation is the only viable and reasonable method of protecting the public's interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy -- the discussions, deliberations, decisions, and action of government agencies -- shall be conducted as openly as possible. The policy of conducting government business as openly as possible must be tempered by a recognition of the right of the people to privacy, as embodied in section 6 and section 7 of Article I of the Constitution of the State of Hawaii. This chapter shall be applied and construed to promote its underlying purposes and policies, which are to: (1) Promote the public interest in disclosure; (2) Provide for accurate, relevant, timely, and complete government records; (3) Enhance governmental accountability through a general policy of access to government records; (4) Make government accountable to individuals in the collection, use, and dissemination of information relating to them; and (5) Balance the individual privacy interest and the public access interest, allowing access unless it would constitute a clearly unwarranted invasion of personal privacy. [L 1988, c 262, pt of §1]
Unless the context otherwise requires, in this chapter: "Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State. "Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form. "Individual" means a natural person. "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity. "Personal record" means any item, collection, or grouping of information about an individual that is maintained by an agency. It includes, but is not limited to, the individual's education, financial, medical, or employment history, or items that contain or make reference to the individual's name, identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. [L 1988, c 262, Pt of §11
Where compliance with any provision of this chapter would cause an agency to lose or be denied funding, services, or other assistance from the federal government. compliance with
that provision shall be waived but only to the extent necessary to protect eligibility for federal funding, services, or other assistance. [L 1992, C 118, §l~
(a) All government records are open to public inspection unless access is restricted or closed by law. (b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours. (c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records. (d) Each agency shall assure reasonable access to facilities for duplicating records and for making memoranda or abstracts. (e) Each agency may adopt rules, pursuant to chapter 91, to protect its records from theft, loss, defacement, alteration, or deterioration and to prevent manifestly excessive interference with the discharge of its other lawful responsibilities and functions. [L 1988, c 262, Pt of §1]
a) Any provision to the contrary notwith- standing, each agency shall make available for public inspection and duplication during regular business hours: (1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency; (2) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases; (3) Government purchasing information including all bid results, except to the extent prohibited by section 92F-13; (4) Pardons and commutations, as well as directory information concerning an individual's presence at any correctional facility; (5) Land ownership, transfer, and lien records, including real property tax information and leases of state land; (6) Results of environmental tests; (7) Minutes of all agency meetings required by law to be public; (8) Name, address, and occupation of any person borrowing funds from a state or county loan program, and the amount, purpose, and current status of the loan; (9) Certified payroll records on public works contracts; (10) Regarding contract hires and consultants employed by agencies: the contract itself, the amount of compensation, the duration of the contract, and the objectives of the contract; (11) Building permit information within the control of the agency; (12) Water service consumption data maintained by the boards of water supply; (13) Rosters of persons holding licenses or permits granted by an agency that may include name, business address, type of license held, and status of the license; (14) The name, compensation (but only the salary range for employees covered by or included in chapters 76, 77, 297, or bargaining unit (8)), job
title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employ- ment, of present or former officers or employees of the agency; provided that this provision shall not require the creation of a roster of employees; and provided further that this provision shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency; (15) Information collected and maintained for the purpose of making informa-tion available to the general public; and (16) Information contained in or compiled from a transcript, minutes, report, or summary of a proceeding open to the public. (b) Any provision to the contrary notwithstanding, each agency shall also disclose: (1) Any government record, if the requesting person has the prior written consent of all individuals to whom the record refers;
(2) Government records which, pursuant to federal law or a statute of this State, are expressly authorized to be disclosed to the person requesting access;
(3) Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual; (4) Government records requested pursuant to an order of a court;
(5) Government records pursuant to a subpoena from either house of the state legislature; and
(6) Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules [L 1988, c 262, ptof§l; amL 1989, c 160, §3; am L 1991, c 167, §1; am L 1992, c 185, §1]
This part shall not require disclosure of:
(1) Government records which, if disclosed, would constitute a clearly unwaffanted invasion of personal privacy;
(2) Government records pertaining to the prosecution or defense of any judicial or quasi-judicial action to which the State or any county is or may be a party, to the extent that such records would not be discoverable;
(3) Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;
(4) Government records which, pursuant to state or federal law including an order of any state or federal court, are protected from disclosure; and
(5) Inchoate and draft working papers of legislative committees including budget worksheets and unfiled committee reports; work product; records or transcripts of an investigating committee of the legislature which are closed by rules adopted pursuant to section 21-4 and the personal files of members of the legislature. [L 1988, c 262, Pt of §1; am L 1993, c 250, §11]
(a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of
personal privacy if the public interest in disclosure outweighs the privacy interests of the individual.
(b) The following are examples of information in which the individual has a significant privacy interest: (1) Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information while an individual is present at such facility:
(2) Information identifiable as part of an investigation into a possible violation of criminal law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation.
(3) Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels;
(4) Information in an agency's personnel file, or applications, nominations, recommendations, or proposals for public employment or appointment to a governmental position, except:
(A) Information disclosed under section 92F-12(a)(14); and (B) The following information related to employment misconduct that results in an employee's suspension or discharge:
(i) The name of the employee; (ii) The nature of the employment-related misconduct; (iii) The agency's summary of the allegations of misconduct; (iv) Findings of fact and conclusions of law; and
(v) The disciplinary action taken by the agency; when the following has occurred: the highest non-judicial grievance adjustment procedure timely invoked by the employee or the employee's representative has concluded; a written decision sustaining the suspension or discharge has been issued after this procedure; and thirty calendar days have elapsed following the issuance of the decision; provided that this subparagraph shall not apply to a county police department officer with respect to misconduct that occurs while the officer is not acting in the capacity of a police officer;
(5) Information relating to an individual's nongovernmental employment history except as necessary to demonstrate compliance with requirements for a particular government position;
(6) Information describing an individual's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness;
(7) Information compiled as part of an inquiry into an individual's fitness to be granted or to retain a license, except:
(A) The record of any proceeding resulting in the discipline of a licensee and the grounds for discipline; (B) Information on the current place of employment and required insurance coverages of licensees; and (C) The record of complaints including all dispositions; and
(8) Information comprising a personal recommendation or evaluation. [L 1988, c 262, Pt of §1; am L 1993, c 191, §1]
(a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure. (b) In an action to compel disclosure the circuit court shall hear the matter de novo. Opinions and rulings of the office of information practices shall be admissible.
The circuit court may examine the government record at issue, in camera, to assist in determining whether it, or any part of it, may be withheld. (c) The agency has the burden of proof to establish justification for non-disclosure. (d) If the complainant prevails in an action brought under this section, the court shall assess against the agency reasonable attorney's fees and all other expenses reasonably incurred in the litigation. (e) The circuit court in the judicial circuit in which the request for the record is made, where the requested record is maintained, or where the agency's headquar- ters are located shall have jurisdiction over an action brought under this section.
(f) Except as to cases the circuit court considers of greater importance, proceedings before the court, as authorized by this section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way. [L 1988, c 262, Pt of §1; am L 1989, C 192, §3]
(a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person's right to appeal to the circuit court after a decision is made by the office of information practices.
(b) If the decision is to disclose, the office of information practices shall notify the person and the agency, and the agency shall make the record available. If the denial of access is upheld, in whole or in part, the office of information practices shall, in writing, notify the person of the decision, the reasons for the decision, and the right to bring a judicial action under section 92F-15(a). [L 1989, c 192, §1]
Anyone participating in good faith in the disclosure or nondisclosure of a government record shall be immune from any liability, civil or criminal, that might therwise be incurred, imposed or result from such acts or omissions. [L 1988, c 262, Pt of §1]
(a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge that disclosure is prohibited, shall be guilty of a misdemeanor, unless a greater penalty is otherwise provided for by law.
(b) A person who intentionally gains access to or obtains a copy of a government record by false pretense, bribery, or theft, with actual knowledge that access is prohibited, or who intentionally obtains any confidential information by false pretense, bribery, or theft, with actual knowledge that it is prohibited [by] a confidentiality statute, shall be guilty of a misdemeanor. [L 1988, c 262, pt of §1]
(a) Each agency shall: (1) Issue instructions and guidelines necessary to effectuate this chapter,' and (2) Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government records are informed of the requirements of this chapter. (b) Each agency shall compile a public report describing the records it routinely uses or maintains using forms prescribed by the office of information
practices. The public reports shall be filed with the office of information practices on or before December 31. 1994. The public reports shall include: (1) The name and location of each set of records: (2) The authority under which the records are maintained; (3) The categories of individuals for whom records are maintained; (4) The categories of information or data maintained in the records; (5) The categories of sources of information in the records; (6) The categories of uses and disclosures made of the records; (7) The agencies and categories of persons outside of the agency which routinely use the records; (8) The records routinely used by the agency which are maintained by:
(A) Another agency; or (B) A person other than an agency; (9) The policies and practices of the agency regarding storage, retrievability, access controls, retentions, and disposal of the information maintained in records; (10) The title, business address, and business telephone number of the agency officer or officers responsible for the records; (11) The agency procedures whereby an individual may request access to records; and (12) The number of written requests for access within the preceding year, the number denied, the number of lawsuits initiated against the agency under this part, and the number of suits in which access was granted.
(c) Each agency shall supplement or amend its public report, or file a new report, on or before July 1 of each subsequent year, to ensure that the information remains accurate and complete. Each agency shall file the supplemental, amended, or new report with the office of information practices, which shall make the reports available for public inspection. [L 1988, c 262, Pt of § 1; am L 1989, c 192, §4; am L 1991, c 167, §2; am L 1992, c 118, §2; am L 1993, c 57, §1]
(a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is: (1) Necessary for the performance of the requesting agency's duties and functions and is also: (A) Compatible with the purpose for which the information was collected or obtained; or (B) Consistent with the conditions or reasonable expectations of use and disclosure under which the information was provided;
(2) To the state archives for the purposes of historical preservation, administrative maintenance, or destruction; (3) To another agency, another state, or the federal government, or foreign law enforcement agency or authority, if the disclosure is: (A) For the purpose of a civil or criminal law enforcement activity authorized by law; and (B) Pursuant to: (i) A written agreement or written request, or (ii) A verbal request, made under exigent circumstances, by an officer or employee of the requesting agency whose identity has been verified, provided that such request is promptly confirmed in writing;
(4) To a criminal law enforcement agency of this State, another state, or the federal government, or a foreign criminal law enforcement agency or authority, if the information is limited to an individual's name and other idcntifying particulars, including present and past places of employment;
(5) To a foreign government pursuant to an executive agreement, compact, treaty, or statute;
(6) To the legislature, or a county council, or any committee or subcommittee thereof;
(7) Pursuant to an order of a court of competent jurisdiction; (8) To authorized officials of another agency, another state, or the federal government for the purpose of auditing or monitoring an agency program that receives federal, state. or county funding;
(9) To the offices of the legislative auditor, the legislative reference bureau, or the ombudsman of this State for the performance of their respective functions;
(10) To the department of personnel services, county personnel agencies, or line agency personnel offices for the performance of their respective duties and functions, including employee recruitment and examination, classification and compensation reviews, the administration and auditing of personnel transactions, the administration of training and safety, workers' compensation, and employee benefits and assistance programs, and for labor relations purposes; or
(11) Otherwise subject to disclosure under this chapter. (b) An agency receiving government records pursuant to subsection (a) shall be subject to the same restrictions on disclosure of the records as the originating agency. [L 1988, c 262, Pt of §1; am L 1993, c 250, §2]