Hawaii 2022 Regular Session

Hawaii House Bill HCR146

Introduced
3/11/22  
Refer
3/14/22  
Report Pass
3/31/22  

Caption

Requesting The Office Of Information Practices To Convene A Working Group To Develop A Recommendation For A Statutory Standard For The Treatment Of Deliberative And Predecisional Agency Records.

Impact

The proposed working group aims to create a consensus on language for a new exemption from disclosure under the Uniform Information Practices Act (UIPA) for agency records that are deliberative and predecisional. This could allow agencies to retain a higher level of confidentiality for internal discussions that influence decision-making. The working group is expected to consist of diverse stakeholders including representatives from public interest groups and government agencies, ensuring that multiple perspectives are considered in the development of new guidelines. The findings and recommendations are to be reported back to the Legislature in time for the 2023 session.

Summary

HCR146 is a House Concurrent Resolution from the 31st Legislature of Hawaii, which requests the Office of Information Practices (OIP) to convene a working group. This working group is tasked with developing a recommendation for a new statutory standard for the treatment of deliberative and predecisional agency records. The intent is to strike a balance between transparency in government and the need for government officials to freely discuss internal matters without public scrutiny. This bill recognizes the delicate balance in decision-making processes, highlighting the importance of candid agency discussions to foster effective public policy development.

Contention

Discussions surrounding the new statutory standard are likely to generate debate among various stakeholders regarding the balance of transparency and confidentiality. Advocates for transparency may argue that even deliberative records should be made publicly accessible to ensure accountability and trust in government operations. Conversely, supporters of the resolution may emphasize the need for a safe space for government employees to express their views openly and honestly, which is crucial for informed decision-making. The bill's approach acknowledges a history of criticism regarding the abuse of the deliberative process privilege at the federal level, suggesting a heightened awareness of the need for careful policy crafting in Hawaii.

Companion Bills

HI SCR192

Same As Requesting The Office Of Information Practices To Convene A Working Group To Develop Recommendations For The Treatment Of Deliberative And Pre-decisional Agency Records.

HI HR146

Same As Requesting The Office Of Information Practices To Convene A Working Group To Develop A Recommendation For A Statutory Standard For The Treatment Of Deliberative And Predecisional Agency Records.

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