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 firstname.lastname@example.org , to the OIP at email@example.com, to Lt Gov Schatz at firstname.lastname@example.org and to the Ombudsmans Office at email@example.com 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.
You have mail! :)
I think they will come clean when it’s a choice between 10 years in prison versus lifetime. And not one second before that.
If I was Trump I’d be talking to some very specific people, giving them first dibs at being the informant who gets off lighter.
They are definitely hiding something about their 1960-64 birth index, and that story will be coming out.
I think there are some office workers there who would love to spill the beans if they knew they could have legal protection. Big if. I feel sorry for the ones who just want to carry on with their life and not be forced to go along with what they know is wrong.
Lol. The scary thing is, after listening to an interview with Andrew Breitbart this p.m., I don’t find your scenario farfetched. I’m telling you, KB—they things in Breitbart’s new book are blood curdling.
I requested 4 photocopied pages. It would take me 5 minutes, max.
Increasingly clear that the employees in this country of We the People , from the Federal to the State level, increasingly need a firm reminder of exactly who it is they work for...
Sorry. I just wish the OIP had put a courtesy “Barf Alert” on their e-mail, like people do for posts here.
It’s finally coming to a head. We’ve still got mos, not weeks, to go, but we are reaching critical mass. Considering how rabidly the MSM has opposed us at every turn, it is a miracle of God we’ve come this far. The end is in sight. An extraordinary—and extraordinarily vile—confluence of circumstances has enabled Obama to hide his secrets far longer than should have been the case. The lid is coming off, though, and soon we’ll finally get some answers re: his shadowy past.
Where we go from there, we shall see.
The bad thing is that any honest person who had access and a cellphone camera would probably end up doing more time than any of the perpetrators of the world’s biggest hoax.
I wonder what protection there would be for a whistleblower who exposed government corruption by actually disclosing confidential government records. Anybody know?
I hope you’re right. At this point I think people are HAVING to see that the Hawaii government is involved in the cover-up, with the number of laws that they are breaking for Obama’s sake.
Before long, when somebody pulls out this or that claim from a Hawaii official they will just get laughs in response. Sort of like the guy whose wife knows Fukino laughed when he asked her if she’d believe Obama was NBC just because Fukino claimed it.
Here is the list of reasons:
The office of information practices may declare that a person is a vexatious requester if it determines that the person has established a pattern of conduct that amounts to an abuse of a process set forth under this chapter. When the person has been working in concert with another person to make requests, including making identical requests, both persons’ requests may be considered as part of the person's pattern of conduct. The office of information practices shall consider whether a person's pattern of conduct includes the following factors, provided that no one factor alone shall be sufficient to find an abuse of a process set forth under this chapter:
(1) A large quantity or broad scope of requests by the person;
(2) Splitting requests to avoid or minimize fees;
(3) Duplicative or repetitive requests made for the same action, where the agency has already responded to the request;
(4) Requests for records submitted for a purpose other than obtaining access to the records, including nuisance value or harassment;
(5) Institution of proceedings under this chapter, including appealing requests or submitting complaints or investigation requests, without reasonable grounds, or to accomplish an objective unrelated to the purpose of the proceedings;
(6) Abandonment of requests when the fee is not waived, and the request is for a purpose other than obtaining access to the records; or
(7) Requests that only marginally promote the public interest in disclosure under this chapter, including requests focused on an agency's handling of the requester’s own requests or correspondence.
I suspect that at least one of these would apply to you.
Under a regime with Holder as AG? Surely, thou jest, good Sir.
Can we just vote them out of the Union?
Yes—wasn’t that fascinating, that the wife of one of our own Freepers knew, and suffered under, the incompetency and corruption of Fukino? Pretty amazing info surfaces on this site every day.
But it’s not just the shenanigans and outright lawlessness of HI that’s turning the tide. The real game-changer is Obama’s falling poll #s. That poll released the other day showing 70% of the respondents thought the US was seriously on the wrong course was just devastating. Obama’s policies have been so over-the-top that they are already wreaking havoc. Print a never ending stream of bogus $, borrow borrow borrow borrow, all the while cutting off domestic oil production [and all other energy except for loser green projects] and it won’t be long before inflation runs amok.
People will do things for a popular president they absolutely will not do for a toxic one. Even Obama’s personality lately has been turning people off. After he attacked Ryan, his numbers tanked afresh. He’s on a downward spiral, and he can’t come back. The reason he can’t is because HIS policies are the ones killing jobs and fueling inflation.
All told, we are going to start seeing the secrets surface sooner than later. Personally, I think Corsi’s book will be nuclear in its impact. No way Drudge would have hyped it unless Corsi gave him a heads up on the content. Drudge liked what he heard, and sent the book to # One. This administration is in for a world of hurt. Let’s just hope our recovery from Obama’s wrecking ball is not equally painful.
Hey jamess666, I thought they booted your ass out of here?
That was in the original “vexatious requestor bill”. None of that was passed. All that was passed was the part that is in UIPA right now (which can be seen at http://hawaii.gov/oip/uipa.html ) :
[§92F-11] Affirmative agency disclosure responsibilities. (a) All government records are open to public inspection unless access is restricted or closed by law.
(b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours; provided that an agency shall not be required to make government records available or respond to a person’s subsequent duplicative request, if:
(1) After conducting a good faith review and comparison of the earlier request and the pending request, the agency finds that the pending request is duplicative or substantially similar in nature;
(2) The pending request has already been responded to within the past year; and
(3) The agency’s response to the pending request would remain unchanged.”
This is the first time I asked for copies of these public records. If they can deny me the records based on this law, then they can deny ANY records - and that is exactly the point I’m making. Their “interpretation” would allow the law to be absolutely gutted.
As I said before, I’m wondering if there is any law they aren’t willing to break in order to cover for Obama’s lawlessness and for their own involvement in the greatest hoax of our time.
Maybe if the informant was Black?
It’s really, really sad that America’s law enforcement system has so quickly and so easily become third-world.
Maybe the good that come from this is that people realize anew exactly what it is that has made America exceptional and how easily it can be lost if we aren’t vigilant.
Was it Ronald Reagan who said, “Freedom is never more than a generation away from extinction”?
My apologies. I suspect their reasoning is that you are an out of stater and a known birther. No matter how you phrase your requests they know what your true motivation is. They simply don’t want to waste time and money on out of state conspiracy theorists when they have real state business to attend to .
Where in the law does it say that they can ignore people just because they live out of state?
Where does it say that they can refuse to make required disclosures simply because they don’t like what the person may use it for?
And do you realize that the reasoning you give would excuse any government refusing to disclose anything that would incriminate them? That’s what we expect in a banana republic, but this is supposed to be America. That’s why Issa is investigating the DHS for their lawlessness in searching to find whether a requester is politically friendly to them before they decide whether to obey the law. The HDOH was caught doing that too - and documentably lying to the requestor when they found that she was not “politically friendly” to them.
The HDOH doesn’t like it that they are being exposed as a banana republic. The public is waking up, and they are not liking what they see.
The law doesn’t say they can. But they clearly are tired of dealing with you.
I am not justifying their behavior. But you are going to need help breaking through their stone walling. Unfortunately for you there is no Issa in Hawaii.
LMAO! I love it! That would be great!
Yes, I believe that quote was from Reagan. The tragic thing being, our schools are overrun by hardcore leftists, and our Republicans have done nothing to counteract the poison our kids are being force-fed daily. In AZ they finally got up the nerve to pass a law making it illegal to advocate the overthrow of our government in the classroom. One small step, but you’ve got to wonder if it’s too little too late. Come Nov ‘12, we need a TEA party revolution. Maybe that will finally get the message across.
And a copy to:
Slom , Sam (R)
Hawaii State Capitol, Room 214
He has spoken out on the issues clearly so perhaps it would be good to include him in our requests.
Yep. No surprise there.
BDZ - I’ve been following “truther” news since Phil Berg and Andy Martin filed their lawsuits before the election. I have had numerous correspondences with Joseph Farah, Andy Martin, Phil Berg, Miss Tickly, Orly Taitz, Inspector Smith, etc. but you are our new HERO ! and this latest comment is a ‘beyond brilliant’ reply ! My jaw dropped - PERFECT response !
BTW, what do you think of Inspector Smith’s doc ? - Red Steel said it’s yet to be debunked. If so, why hasn’t anyone tried to contact Helton Maganga who signed it (next to the “blue” stamp no less) ? He is still employed at the hospital in Kenya !
P.S., Too bad Trump didn’t give Anderson Cooper an ultimatum to have his staff of ‘fact checkers’ to verify which hospital BO was born in ? Why didn’t they ask Fukino this question ! ? KILLS ME ! Thx again ! Keep up the good work, bud !