Why Civil Beat Fought For Teacher Discipline Records In response to a Honolulu Civil Beat lawsuit, First Circuit Court Judge Bert Ayabe last week signed a summary judgment order that requires the Hawaii Department of Education to release the names and investigation records of teachers who were fired or suspended between April 2017 and April 2018. Beyond those suspended or fired, the order also requires that DOE release records for investigations of alleged misconduct with the names of those investigated, witnesses and any students redacted. In total, the order applies to the records of 34 “closed” misconduct cases sought by Civil Beat. Brian Black, executive director of The ... Continue reading... https://www.civilbeat.org/2019/11/why-civil-beat-fought-for-teacher-discipline-records/
ROBERT BRIAN BLACK 7659 LISA EMILY ENGEBRETSEN 10952 Civil Beat Law Center for the Public Interest 700 Bishop Street, Suite 1701 Honolulu, Hawai`i 96813 brian@civilbeatlawcenter.org Telephone: (808) 531-4000 Electronically Filed FIRST CIRCUIT 1CC191000191 12-NOV-2019 05:18 PM Attorneys for Honolulu Civil Beat Inc. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAI`I HONOLULU CIVIL BEAT INC., Plaintiff, vs. DEPARTMENT OF EDUCATION, STATE OF HAWAI`I, Defendant. CIVIL NO. 19-1-0191-02 BIA (Other Civil Action) PROPOSED ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT HEARING MOTION JUDGE: Honorable Bert. I. Ayabe TRIAL DATE: NONE HEARING DATE: October 10, 2019 HEARING TIME: 9:30 a.m. PROPOSED ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ROBERT BRIAN BLACK 7659 LISA EMILY EN GEBRETSEN 10952 Civil Beat Law Center for the Public Interest 700 Bishop Street, Suite 1701 Honolulu, Hawai?i 96813 brian@civilbeatlawcenter.org Telephone: (808) 531-4000 Attorneys for Honolulu Civil Beat Inc. IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HONOLULU CIVIL BEAT IN C., CIVIL NO. 19-1-0191-02 BIA (Other Civil Action) Plaintiff, ORDER GRANTING PLAIN vs. MOTION FOR PARTIAL SUMMARY JUDGMENT DEPARTMENT OF EDUCATION, STATE OF HEARING MOTION JUDGE: Honorable Bert. I. Ayabe Defendant. TRIAL DATE: NONE HEARING DATE: October 10, 2019 HEARING TIME: 9:30 a.m. ORDER GRANTING PLAIN MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiff?s Motion for Partial Summary Judgment, filed August 14, 2019, was heard on October 10, 2019, at 9:30 a.m. before the Honorable Bert I. Ayabe, Judge of the above-entitled Court, with appearances by R. Brian Black and Lisa Engebretsen, counsel for Plaintiff Honolulu Civil Beat Inc. (Civil Beat). Counsel for Defendant Department of Education, State of Hawai?i (DOE) did not make an appearance at the hearing. The Court having considered Civil Beat?s motion and reply memorandum, opposition, the declarations and exhibits submitted and the authorities cited by both parties, and the pleadings and other records in this case, IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff?s Motion for Partial Summary Judgment is GRANTED. 1. The Uniform Information Practices Act (Modified), Hawai?i Revised Statutes (HRS) chapter 92F (UIPA), provides that ?[a]ll government records are open to public inspection unless access is restricted or closed by law.? HRS 2. DOE ?has the burden of proof to establish justification for nondisclosure.? HRS 3. It is undisputed that DOE withheld some, if not all, information concerning 34 employees investigated for alleged misconduct. 4. DOE justified the withholding by claiming it was necessary to protect the identity of investigated employees, Witnesses, and students under the UIPA privacy exception, the UIPA frustration exception, and the federal Family Educational Rights and Privacy Act. HRS 20 U.S.C. 1232g. 5. asserted justifications for nondisclosure do not support withholding all information regarding its investigations. 6. For purposes of this partial motion for summary judgment, Civil Beat requested disclosure of all responsive investigation records with the identities of investigated employees, any witnesses, and any students redacted. 7. Redacting the names, addresses, telephone numbers, dates of birth, employee identification numbers, social security numbers, and other specific personally identifying information for investigated employees, any witnesses, and any students in the records will protect the privacy and other interests asserted by DOE. 8. The UIPA requires DOE to disclose the identity of any employees suspended or terminated by DOE, thirty days after the suspension or termination is final. HRS 9. Therefore, on a rolling basis as available Within 90 days of the filing of this Order, DOE shall disclose to Civil Beat all requested records redacting only the personally identifying information of investigated employees, any Witnesses, and any students; provided that DOE will not redact the identity of investigated employees who received a ?nal suspension or termination before the filing of this Order. 10. This Order is without prejudice to any further motion by Civil Beat after disclosure of the redacted records to seek the identity of redacted individuals. DATED: Honolulu, Hawai?i, Judge of the Above-Entitled Court APPROVED AS TO FORM: James E. Halvorson Department of the Attorney General Attorneys for Defendant Department of Education, State of Hawai?i