Skip to comments.Hawaii Open Records Law Thrown Overboard
Posted on 04/25/2011 3:43:44 PM PDT by butterdezillion
As if disobeying their vital records statutes in full sight of everybody isn't enough, Hawaii officials have now decided to throw their Open Records Law (UIPA) overboard as well - by calling even a first request a "duplicitous request".
The first comment has the story, since it allows HTML.
Hawaii Open Records Law Thrown OverboardSummary: The vexatious requestor law is being interpreted to mean that ANY request can be ignored, because ANY request can be called duplicative even when it is clearly not. The law gives total discretion to lawless bureaucrats who can ignore the clear wording of the law. Anybody surprised? One more example of lawlessness to cover for Obama. One more reason the Hawaii government comes out of this smelling like a sewer.
Mark Niesse said in an AP report that anybody can see the public 1960-64 birth index. Sorry, Mark. The HDOH wont let me see specific pages from it, and the OIP is saying they dont have to hold the HDOH accountable for showing it to me. I guess some people are more equal than others, huh, Mark?
The OIP and HDOH pulled a vexatious requestor determination on me. I sent a snail-mail with self-addressed stamped envelope, requesting copies of pages from the 1960-64 birth index book where several specific names are or would be names I have never asked for before and which SHOULD BE unrelated to Obama (such as Mae Obado). I have done this before on different names and the HDOH has disclosed the pages as required by law. Every page of those birth index books is a public government record and is required to be disclosed upon request. The only reason for them to refuse this request is if the request is so unclear that they dont know what page is being requested. And then they have to request clarification.
The HDOH used my SASE to respond by asking me whether I was talking about where the names would be alphabetically. I replied via a fax to Okubo to say yes, that was what I meant, and that I had asked for the full page specifically because I was unsure of the exact spelling. I didnt hear back from them so I contacted the OIP, who said I had to give them 10 business days from the time they got the clarification from me (IOW they can buy another 10 days into infinity just by asking stupid questions claiming that the request wasnt clear.)
The HDOH responded on April 8th :
The Department of Health is unable to provide a page of index data where a name would be. We cannot provide index data for an individual without the correct spelling of the name associated with that data. Index data is stored electronically.
I e-mailed Okubo back to say that I didnt request index DATA but a PAGE from a book, and unless she could give me a citation in UIPA where it says that birth index PAGES are not public government records, she needed to send me the copies of pages, to which I am legally entitled. No response. I e-mailed the following to the OIP last night:
----- Original Message -----
Sent: Sunday, April 24, 2011 5:34 PM
Subject: Re: Request for Assistance - Birth Index Pages UIPA
I have not heard anything from the HDOH on this request. It's been over 2 months now since my original snail-mail was received by their office and 6 weeks since I clarified that I was asking for PAGES (as I made clear in my original request) and not specifically for NAMES.
Their claim that they need to have a specific name to search for is certified baloney, as I have gotten from them in the past all the birth and marriage index pages that had entries with the last name of Asing. No problem then. Why is it a problem now?
Two months is a long time to copy 4 pages from a single book. Will you help me in getting the records to which I am legally entitled? I have jumped through all the hoops I was told to jump through and have waited WELL beyond the required deadlines without hearing anything back from them even though I have given my e-mail contact information.
Nellie/Freckles Today the OIP responded with this:
----- Original Message -----
Sent: Monday, April 25, 2011 12:54 PM
Subject: Re: Request for Assistance - Birth Index Pages UIPA
Ms. Nellie,The DOH has responded to your request asking for clarification. This is OIPs final response with respect to this matter. Act 100, SLH 2010.
Act 100 of the 2010 State Legislature of Hawaii is the vexatious requester bill which allows them to ignore DUPLICATIVE REQUESTS.
The OIP is claiming that because I have asked for their help on this (and they told me I had to wait longer) they dont have to finish out this issue. They can ignore the fact that the HDOH is totally disobeying the law by falsely saying they CANNOT disclose copies of specific birth index pages. They are claiming that as long as the HDOH responded AT ALL, thats good enough for UIPA. The HDOH could respond to my request for a required disclosure with a big fat raspberry and the vexatious requestor law would say thats all I can get.
IOW, the vexatious requestor bill is being interpreted to mean that state agencies can ignore clear violations of the disclosure law. They have in effect gutted their Open Records Law in Hawaii. Nothing about this request for records OR the request for assistance was duplicative. The only words of the vexatious requester law that matter are the ones that allow them to ignore requests; doesnt matter whether the requests are duplicative or not since they can call ANYTHING duplicate at their own discretion.
So I am asking everybody who reads this to send an e-mail to Janice Okubo at email@example.com , to the OIP at firstname.lastname@example.org, to Lt Gov Schatz at email@example.com and to the Ombudsmans Office at firstname.lastname@example.org and politely tell them that you dont appreciate Okubos clear violation of UIPA, which says that public government records such as PAGES from the 1960-64 birth index book in their office must be disclosed upon request. Tell her there is nothing in UIPA that exempts birth index book pages from disclosure.
BTW, there is a reason why she is so afraid to disclose those records. There is more about those birth index books than Mark Niesse never wanted to know. lol
Hard to know whether to laugh or cry at those, because they reflect reality so well.
I’m beginning to wonder if there is ANY law in Hawaii that the government officials would not be willing to break in order to cover for Obama.
At this point, though, the people they are really covering for are themselves, because they have engaged in just as much criminal activity as he has. And that’s saying a lot.
Ping. We all knew this was coming, didn’t we?
lol. I’ll have to get one like that so I can wear it places where my “Proud Vexatious Requester” t-shirt won’t work. lol
(I still need to get that t-shirt made... I keep hoping it will be obsolete before I can get it done.)
Thanks for the ping. No, I’m not surprised. After some of the unhinged craziness I have seen from Obama-apologists right here on FR, nothing surprises me. Between Trump and Corsi, the Obots are in full throttle panic mode. The next couple of mos should be interesting, to say the least.
Hawaiian state government looks awfully corrupt. I suspect the general population there doesn’t care much, either.
Thanks, O. Butter .. as usual, you’re the resident HI policy expert.
Nothing like the pain and embarrassment of the truth
and the questions of those rightfully seeking the truth
to get governments to resort to treachery, coverups and
the abrupt changing of their own long standing policies...
AND also, perhaps threats of some kind (maybe from their illustrious aged hippie governor ?)
lol. Interesting is such an interesting word. lol
Yes, it will definitely be interesting.
Back off Birther!
Your post is duplicitous, vexatious, and overly accurate. What is your Tax ID# please?
My question is this. What are they hanging on for? That is to say, what clearing event are they still expecting to happen before push comes to shove? Or is it just a mean habit at this point?
I feel sorry for the Hawaiian people with integrity who have to deal with this stuff.
I would dearly love to talk to Neal Palafox. I suspect Abercrombie asked him to resign as HDOH Director because he has integrity and wouldn’t go along with all the garbage Fuddy (his replacement) has been all too willing to do (get rid of the public e-mail address and ignore everything submitted by web form, refuse to disclose copies of birth index pages, violate the vital records disclosure laws by refusing to issue long-forms on request, etc).
And I’d love to talk with Sam Sloan, the lone Republican in the Hawaii legislature. I believe he was one of the only ones who actually voted against the “Vexatious Requester Bill”.
lol. I’ve been really sick until the last couple hours but that one I had to laugh at.
They say laughter is the best medicine so thanks for that.
I’ve been crapping and puking and thought I was all emptied out until I checked my e-mail and saw that response from the OIP. lol
Maybe they’re using this clause......
(1) A large quantity or broad scope of requests by the person
All it will take to blow this wide open is ONE honorable person with a cell phone camera and access or ONE brave judge willing to stand up to the obamanation...
Thanks for sharing.
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