WHEREAS, the Auditor is vested by the Hawaii State Constitution and by statute with broad powers of investigation and financial audits, and to issue subpoenas; and

WHEREAS, there is concern that the Auditor, due to the broad constitutional and statutory powers to obtain otherwise privileged information, may uncover potentially damaging information to a state or county agency's legal position in a pending litigation; and

WHEREAS, the Auditor could be privy to, and therefore could potentially disclose to the public in an audit or report, certain confidential information, such as minutes of meetings between an agency and the agency's attorneys, which is an attorney-client privilege, and which would not otherwise be discoverable by the opposing party in a litigation; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, that the Auditor is requested to develop internal policies and guidelines regarding the disclosure of information to the public that may negatively impact an agency's position in a pending litigation, including findings, conclusions, and recommendations in the reports; and

BE IT FURTHER RESOLVED that the Auditor submit a report to the Legislature detailing the Auditor's actions taken pursuant to this Resolution, and if necessary, any recommended legislation to facilitate implementation of policies and guidelines established by the Auditor, not later than twenty days prior to the convening of the 2004 Regular Session; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Auditor.

Report Title:

Auditor Information in Reports