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Opinion Letter No. 95-06
March 16, 1995
Arbitrator’s Discharge Decision Disclosable
The UIPA requires disclosure of an arbitrator’s
decision affirming the discharge of a State library
employee for excessive absenteeism, poor work performance, and misuse
of a doctor’s report thirty
days after the arbitrator’s decision (section 92F-14(b)(4)(B),
Hawaii Revised Statutes. Although a
library administrator circulated the decision less than thirty days
after the arbitrator’s decision affirming the discharge, the
OIP determined that the administrator distributed the decision with
the good faith belief that the decision was a public record. Accordingly,
the OIP found that under section 92F-16, Hawaii Revised Statutes,
the administrator would probably be immune from any civil or criminal
liability that might arise from the decision’s premature disclosure.
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