Articles Posted in Supreme Court of Hawaii

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In this case concerning the propriety of State and local agencies withholding certain officer communications when disclosure is requested by a member of the public, the Supreme Court vacated the grant of summary judgment, holding that the State Office of Information Practices palpably erred in interpreting a statutory exception to create the sweeping “deliberative process privilege.” The Office of Information Practices took the position that, based on a statutory exception provided in Hawaii’s public record law that permits the nondisclosure of records that would frustrate a legitimate government function if revealed, so-called deliberative process privilege existed that protected all pre-decisional, deliberative agency records without regard for the relative harm that would result from any specific disclosure. Relying on this information, the Office and Financial Services for the City and County of Honolulu denied a public records request for internal documents generated during the setting the annual operating budget. The Supreme Court remanded for a redetermination of whether the records withheld pursuant to the deliberative process privilege fell within a statutory exception to the disclosure requirement, holding that the deliberative process privilege is clearly irreconcilable with the plain language and legislative history of Hawaii’s public record laws. View "Peer News LLC v. City & County of Honolulu" on Justia Law

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Plaintiffs filed this class action suit individually and on behalf of employees (and their dependent-beneficiaries) who began working for the State or its political subdivisions before July 1, 2003 and who had accrued or will accrue a right to post-retirement health benefits as a retiree a retiree’s dependent. Plaintiffs alleged that the State, the City and County of Honolulu, and the Counties of Kaua’i, Maui, and Hawai’i impaired Plaintiffs’ accrued retirement health benefits in violation of Haw. Const. art. XVI, 2. Specifically, Plaintiffs claimed that the State and Counties violated their statutory rights under Haw. Rev. Stat. 87 by not providing retirees and their dependents with dental and medical benefits that were substantially equal to those provided to active workers and their dependents. After a lengthy procedural history, the Supreme Court held that Plaintiffs’ accrued retirement health benefits have been diminished or impaired in violation of article XVI, section 2. Remanded for further proceedings. View "Dannenberg v. State" on Justia Law