Oip.hawaii.gov

Office of Information Practices Laws / Rules / Opinions

This section contains the following: Uniform Information Practices Act (UIPA) The Office of Information Practices (“OIP”) was created by the Legislature in 1988 to administer the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“UIPA”), which is Hawaii’s public records law and can be found here. To help government agencies and the public […]

Actived: 3 days ago

URL: https://oip.hawaii.gov/laws-rules-opinions/

Office of Information Practices NEW SUNSHINE LAW

(6 days ago) The State Office of Information Practices (OIP) is pleased to announce that it has posted on its Training page six new Sunshine Law training materials to help boards prepare for the new provisions enacted by Act 220, SLH 2021, which will take effect on January 1, 2022, and are largely reflected in the current guidelines […]

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Office of Information Practices Sunshine Law Guide

(2 days ago) OIP has prepared a guide to the Sunshine Law, which may be downloaded in pdf format below. This guide is intended to be a reference tool for board members and members of the public in understanding Hawaii’s Sunshine Law. We have attempted to present the law in “plain English,” through the types of questions that […]

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Office of Information Practices Legislation

(5 days ago) Important Pending and Recent Legislation Act 220, SLH 2021 (SB1034) Relating to Sunshine Boards: Senate Bill 1034, S.D.1, H.D. 2, C.D. 1, relating to Sunshine Law Boards, was passed by the Legislature on April 27, 2021 and signed into law as Act 220 by Governor David Ige on July 6, 2021. This landmark legislation amends […]

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In-Depth SunshineLawRequirementsfor Multi-site and Remote

(Just Now) The Sunshine Law continues to allow boards to remove persons who willfully disrupt a meeting. HRS§ 92-3. Therefore, a board holdingaremote meeting could disconnect aperson creating an onlinedisruptionorcouldtake reasonableaction In-Depth Sunshine Law Requirements for Remote Meetings, Effective 1/1/2022 Page 7

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Office of Information Practices Rules

(9 days ago) Review does not include the time spent by the agency, or another person, to resolve issues of general law or policy regarding the applicability of exceptions to disclosure under chapter 92F, HRS. “Search” means to look for a government record, including page-by-page or line-by-line identification of a government record.

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Office of Information Practices Opinions

(2 days ago) OIP Formal Opinions OIP has issued 1,030 total opinions since its inception in FY 1989, including 367 formal opinion letters (includes F21-02). Opinions are designated as formal and made available where they provide guidance on UIPA or Sunshine Law provisions or apply to factual situations that have not been fully addressed in prior formal […]

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Quick Review: Sunshine Law Requirements for In-Person

(8 days ago) Quick Review: Sunshine Law Requirements for In-Person Meetings Held at Multiple Sites Page 1 (revised 10/2021) meetingis automatically terminated, unless the board has provided reasonable noticeof how themeeting will be continued. If the board provides reasonable

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Office of Information Practices Sunshine Law Opinions

(8 days ago) September 4, 2012. Sunshine Law Complaints About Agendas and Executive Meeting. Hawaii County Board of Ethics. S Memo 13-1. August 30, 2012. Determination if Overtime Task Force Is Subject to the Sunshine Law. Department of Human Resources Development, Overtime Task Force. S …

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Office of Information Practices Chapter 92, Hawaii

(6 days ago) This is an unofficial version of part I of chapter 92, Hawaii Revised Statutes. It contains all amendments enacted through the Legislature’s 2019 regular session and effective July 2, 2019. Incorporated herein are Act 244 (effective July 2, 2019) and Act 64 (effective July 1, 2018). Hawaii Revised Statutes (unofficial version) CHAPTER 92 PUBLIC AGENCY MEETINGS AND […]

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Office of Information Practices Sunshine Law Training Videos

(5 days ago) Sunshine Law Training Videos. The state Office of Information Practices is pleased to provide you with a new training video to provide in-depth training on the Sunshine Law. The video is a PowerPoint presentation with a voice-over and comes in two parts, which will take a …

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GOVERNOR IGE SIGNS HB 165 INTO LAW

(8 days ago) Governor David Ige signed into law today a Sunshine Law bill that requires board packets to be open for public inspection, revises how meeting notices are to be filed, provides a new option for the recordation of meeting minutes, and makes other changes. House Bill 165, House Draft 1, Senate Draft 2, Conference Draft 1 […]

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Quick Review: Sunshine Law Meeting Notice Requirements

(7 days ago) Quick Review: Sunshine Law Meeting Notice Requirements (revised 10/2021) Page 2 • If a board must change the physical location of a meetingon the day of the meeting(for example, the room loses power or air conditioning),it shouldcall the meetingto order at the noticedlocation,andthen announcethatthe

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Office of Information Practices Uniform Information

(7 days ago) (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 identifying particulars, including present and past places of employment;

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Office of Information Practices ADDITIONAL SUNSHINE LAW

(6 days ago) Agenda: Agenda Guidance for Sunshine Law Boards (November 2011) (pdf) This guidance is intended to provide boards with a model for crafting a good, informative agenda for meetings. Notice: Quick Review: Sunshine Law Meeting Notice Requirements (May 2015) (pdf) For boards subject to the Sunshine Law, Part I of Chapter 92, Hawaii Revised Statutes (HRS), here is […]

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OPEN DATA BILL SIGNED INTO LAW

(4 days ago) The new law encourages state agencies to make existing non-confidential data sets freely available online and to continually update them, in order to enhance government transparency and accountability, encourage public engagement, and stimulate innovation with the development of new analyses or applications based on the public data sets.

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Office of Information Practices BILLS PASSED BY LEGISLATURE

(1 days ago) Following today’s adjournment of the 2015 session, here is a summary from the state Office of Information Practices (OIP) regarding bills passed by the Hawaii State Legislature that directly relate to OIP or the laws it administers. The bills will be presented to Governor David Ige for his consideration and approval. HB 461, SD 2, […]

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Office of Information Practices Training Materials Index

(2 days ago) A law review article by OIP Director Cheryl Kakazu Park and Staff Attorney Jennifer Brooks first published at 36 University of Hawai’i Law Review 271 (Winter 2014), which explains the administrative rules regarding appeals to OIP in UIPA and Sunshine Law cases, as well as the law allowing agencies to appeal to the courts from OIP’s decisions.

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Office of Information Practices OIP’S ADVICE FOR

(3 days ago) As the COVID-19 virus has become a global pandemic and a serious threat to the health and welfare of our State’s population, the Uniform Information Practices Act (Modified), chapter 92F, HRS (UIPA), was temporarily suspended, and the Sunshine Law, part I of chapter 92, HRS, was substantially suspended, by the Supplemental Proclamation of Governor Ige dated March 16, 2020 (SP), to give

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Office of Information Practices LEGISLATION: Proposals

(7 days ago) HISTORY: See below for the bill and legislative materials relating to the 2012 statutory amendments allowing agencies to appeal OIP decisions and clarifying the standard of review to be applied by the courts to OIP decisions in UIPA and Sunshine Law cases. S.B. 2858, S.D. 1, H.D. 2, C.D. 1: Creates a process for an […]

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Office of Information Practices 2020 LEGISLATIVE UPDATE

(7 days ago) Upon enactment, the law will treat suspended county police officers like other public employees whose suspension or discharge records are open to public disclosure. Disclosure of misconduct records for county police officers, however, cannot occur before 90 days have elapsed following the issuance of a written decision sustaining the suspension

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Office of Information Practices SUNSHINE LAW TRAINING

(7 days ago) The Office of Information Practices (OIP) has updated and revised its Sunshine Law training materials, including the Sunshine Law Guide, various Quick Reviews, forms, and Sunshine Law Quiz, which can be found on the Training page at oip.hawaii.gov. The only materials left to update are the Sunshine Law training video and PowerPoint, so be on […]

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Office of Information Practices BILLS CROSSING OVER

(3 days ago) A number of bills relating to the Uniform Information Practices Act (UIPA) and Sunshine Law have survived to cross over to the non-originating house, and four of them are highlighted in this article. The first is H.B. 2139, H.D. 1, which is a county proposal to add a new permitted interaction to the Sunshine Law […]

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Office of Information Practices UIPA NOW IN FULL EFFECT

(3 days ago) Because these Sunshine Law amendments will not take effect until January 1, 2022, the Proclamation now creates an option to hold remote meetings without Act 220’s new requirement to conduct at least one in-person meeting, and with most procedures presented as …

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New Requirement to Provide Board Packets for Public Inspection

(1 days ago) Sunshine Law changes are not a proposal or a draft. These were passed by the legislature and signed into law as Act 64, and the reason I’m talking about them as a future thing is just because they have a delayed effective date; they’re all going into effect next year, July 1, 2018. New Requirement to Provide Board Packets for Public Inspection

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Office of Information Practices Formal Opinion Letter

(8 days ago) Sunshine Law Applied to Neighborhood Vision Teams. Full Text 00-03: October 31, 2000: Historic Preservation Records Public. Full Text 00-02: May 23, 2000: DHS Fair Hearing Decisions. Full Text 00-01: April 12, 2000: Public Disclosure of Legislative Materials. Full Text 99-09: December 3, 1999: Persons Named in Criminal Law Enforcement

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Office of Information Practices MID-SESSION LEGISLATIVE

(4 days ago) One of the duties of the state Office of Information Practices (OIP) is to monitor and testify on legislative proposals and make recommendations to the Legislature. OIP tracks proposals directly or indirectly affecting the UIPA, Sunshine Law, or open data issues, including proposals on other topics that have confidentiality provisions or exemptions from the UIPA […]

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Office of Information Practices Basic Q&A on access to

(4 days ago) What government records are restricted or closed by law? The law does not require disclosure of: Records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy. [Haw. Rev. Stat. § 92F-13(1)] Records that must be confidential in order for government to avoid the frustration of a legitimate government function.

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Office of Information Practices STATE CALENDAR UPDATED

(6 days ago) For Sunshine Law boards that must post notices on the State Calendar of emergency and continued meetings with less than six days’ notice, the board must first obtain permission by contacting NIC Hawaii at [email protected] from 7:45 a.m. to 4:30 p.m. on …

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Office of Information Practices S Memo 11-11

(3 days ago) Posted on Feb 3, 2011 in Informal Opinions - Sunshine Law. S Memo 11-11 February 3, 2011 Permitted Interaction Group Procedures. A Neighborhood Board sought an advisory opinion regarding the proper procedures to be followed with respect to …

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THE SUNSHINE LAW TRANSCRIPT

(2 days ago) Law. The Sunshine Law is Hawaii’s open meetings law; it is not the open records law. The Sunshine Law is specifically referred to the meetings law, which is found in Part 1 of Chapter 92 in the Hawaii Revised Statutes. We are going to begin by talking about the purpose of …

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Supreme Court Issues Sunshine Law Opinion

(5 days ago) In its first Sunshine Law ruling since 1993, the Hawaii Supreme Court issued a decision in Kanahele v. Maui County Council, ___ Haw. ___ (SCWC-29649, August 8, 2013). While the unanimous decision written by Justice Richard Pollack discusses the facts and rationale in great detail and length, the state Office of Information Practices (OIP) has attempted […]

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Office of Information Practices SUNSHINE LAW POINTERS

(Just Now) The state Office of Information Practices (OIP) congratulates all newly elected and reelected members of Hawaii’s Legislature, county Councils, and the Office of Hawaiian Affairs (OHA)! This also seems to be an appropriate time to point out that UIPA and Sunshine Law training is available on OIP’s website, along with an archive of past What’s […]

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Office of Information Practices VIRTUAL MEETING PROPOSAL

(4 days ago) With key law libraries closed due to COVID-19, you can also easily find most of the legislative history relating to the enactment and amendment of the statutes that OIP administers on the new “Legislation” page. This page contains a section for the “Legislative History” of the Uniform Information Practices Act (Chapter 92F) and the

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Office of Information Practices NEW QUICK REVIEW ON

(8 days ago) As part of its training duties, the state Office of Information Practices (OIP) today posted a new “Quick Review: Roundtable Discussions with Multiple Board Subject to the Sunshine Law.” This advisory provides tips on how multiple boards may comply with the Sunshine Law’s requirements when their members participate together in a roundtable meeting, symposium, or […]

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Office of Information Practices NEW 2018 LEGISLATION AND

(1 days ago) The Hawaii State Legislature adjourned its 2018 session on May 3, 2018. As previously reported, the state Office of Information Practices (OIP) is thankful for having received supplemental funding of $100,000 for FY 19 to help provide salary parity for OIP’s employees. Other than measures relating to specific agencies, only one Sunshine Law bill was […]

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Office of Information Practices UPDATE FOR SECOND HALF

(9 days ago) The bill requires county police departments to disclose to Legislature the identity of an officer upon an officer’s suspension or discharge and amends the UIPA to allow for disclosure of employment misconduct information of county police officer after suspension (current law requires this only after termination).

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OIP's Tips for Holding a Virtual Public Meeting

(9 days ago) The Sunshine Law has specific requirements for public meetings using interactive conference technology (ICT) in section 92-3.5, HRS. Given the emergency order suspending the law, however, it may not be reasonable or feasible for boards to meet the exact requirements of the

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QUICK REVIEW: Sunshine Law Revisions Effective July 1, 2018

(4 days ago) revised law allows boards to create a public version of the board packet that potentially withholds more records than could be withheld in response to a formal UIPA record request. For example, if there is a long document with confidential information embedded throughout it, which would make redaction unreasonable or overly time-consuming in the

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Op. Ltr. 03-01Charter School Boards and the Sunshine Law

(1 days ago) She believes the Sunshine Law is an essential “double-check” for the system, and wants to make sure its safeguards are in place. She wants the level of transparency that the Sunshine Law provides. The OIP suggested that if Principal Estomago’s transition documents will include sections on the Sunshine Law and the Uniform Information Practices

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Office of Information Practices Legislative Update

(2 days ago) February 23, 2012 The state Office of Information Practices (OIP) has been tracking 264 bills pending before the Hawaii Legislature, and has prepared testimony for 48 of them. OIP’s three highest priority bills are S.B. 2858 (appeals bill), S.B. 2859 (Sunshine Law bill), and S.B. 2234 (electronic posting bill), all of which are being amended by the Senate. At yesterday’s joint […]

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OIP’S RESPONSE TO CIVIL BEAT LAW CENTER REPORT

(1 days ago) The state Office of Information Practices (OIP) responded to a report published yesterday by the Civil Beat Law Center entitled, “Breaking Down Hawaii’s Broken System for Resolving Public Access Disputes.” Based on its inaccurate assumptions and metrics that excluded a number of relevant factors, the Civil Beat Law Center’s Report concludes that “OIP’s backlog is trending […]

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Office of Information Practices UIPA POWERPOINT TRAINING

(2 days ago) The State Office of Information Practices (OIP) is pleased to announce that a new 30‑minute PowerPoint presentation is available on OIP’s website oip.hawaii.gov under the training tab. This new presentation provides a short description of OIP’s services and a quick overview of the “UIPA,” Hawaii’s open records law, the Uniform Information Practices Act (Modified), chapter […]

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Office of Information Practices Notice Regarding

(9 days ago) Office of Information Practices State of Hawaii No. 1 Capitol District Building 250 South Hotel Street, Suite 107 Honolulu, Hawai`i 96813. Tel: 808-586-1400 Fax: 808-586-1412 E-mail: [email protected] Toll free numbers for calling OIP from the neighbor islands:

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Office of Information Practices Calendar Guidance

(1 days ago) POSTING ELECTRONIC MEETING NOTICES With limited exceptions, the Sunshine Law requires notice of meetings of State boards to be electronically posted on the State Calendar at least six calendar days before the meeting (and those of county boards to be electronically posted on the county’s calendar). That is why a board cannot automatically post or amend a meeting notice on the State Calendar

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Quick Review: Roundtable Discussions with Multiple Boards

(Just Now) Law's pennitted interactions to justify their members' attendance at the event. The two permitted interactions most likely to be useful in such a situation are sections 92-2.5(a) and (e), HRS. When no more than two members of the same board will be attending the roundtable

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