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Opinion Letter No. 07-09
May 11, 2007
Ethics Advisory
The Ethics Commission, City and County of Honolulu,
asked whether the UIPA required public disclosure of the Commission's
advisory opinion identifying an employee who the Commission concluded
had violated ethics laws, where the employee was not suspended or
discharged from employment for that misconduct.
OIP concluded that although the employee retained
a significant privacy interest in records or information relating
to the misconduct in question because the employee was not suspended
or terminated, the employee's privacy interest was diminished by
the Commission's determination that the employee had engaged in
misconduct warranting suspension. Further, the employing department's
handling of the matter by instituting lesser discipline while the
Commission was still investigating heightened the public interest.
Thus the public interest in information about the employee's misconduct
(including the employee's identity) outweighed the employee's privacy
interest in this case and required disclosure of the advisory opinion
in full.
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