Posted on 07/31/2009 7:59:53 PM PDT by MissTickly
Dear Ms. Fukino-
Under the Uniform Information Practices Act of the State of Hawaii, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the publics interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policythe discussions, deliberations, decisions, and action of government agenciesshall be conducted as openly as possible.
Citing the following Rule from The Uniform Information Practices Act (Modified) HAWAIIS OPEN RECORDS LAW (Guidelines)
PART II. FREEDOM OF INFORMATION And The Rule of disclosure
I have THREE requests for disclosure of information open to the public and for records subject to public disclosuse that are maintained by the Hawaii State Department of Health, a government agency, citing:
Rule (§92F-12) Agency Records that Must Always Be Disclosed
The following are my three requests per UIPA:
FIRST REQUEST for Disclosure of Records pertains specifically to the records Agencies must also disclose
AND Part (3) [And] Records where compelling circumstances show an effect on the health or safety of any individual; (With NO exceptions noted )
AND ALSO Part (15) Information collected for the purpose of making information available to the public (With NO exceptions noted ) The Public information given out by Dr. Fukino may be found in requests TWO & THREE that follow:
I, respectfully, request a copy of All President Barack Obamas Vital Records including any and all birth certificates that are maintained and on file with the Hawaii State Department of Health
I request record be made public on the following evidence, put forth by the AFP that appeared on Google News yesterday, 7/31/09 entitled: Right-wing fringe claims Obama ineligible for presidency, By Virginie Montet. Within this article are expert opinions that the President Obamas safety, health and potentially life are in danger if his Vital Records are withheld from public view due to the growing anger from violent hate groups. Here are some relevant passages, the full article appears at the end of this UIPA Information request:
WASHINGTON A small group of fringe conservatives, many fundamentally opposed to the notion of an African-American as president, are challenging President Barack Obamas eligibility for the US presidency. On blogs and even before US courts, the so-called Birthers are using the Constitution, with its stipulation that presidents be US natural born citizens, to argue Obama should not be in the White House. Despite proof that Obama was born in the US state of Hawaii, including a birth certificate affirming that fact, rumors continue to spread, fueled by a group that critics say includes right-wing militants, racists and Holocaust deniers.
Also: These are people who are fundamentally either racist or extreme right-wingers. Thats where the whole movement is coming from, said Mark Potok of the Southern Poverty Law Center, which studies extremist groups.
Also: (Chip Berlet of Political Research Associates, which studies right-wing movements) Berlet said So you have this right-wing social movement, relatively small but angry, and then you have these major public figures, inflaming them with rhetoric and conspiracy allegations on national television, Berlet told AFP.
I found the article, submitted as evidence of, appearing on Google News: http://news.google.com/news/url?sa=t&ct2=us%2F0_0_s_0_0_t&usg=AFQjCNGF2jWXnmrytdXTEkgrbWc9nqXRYw&cid=1398314854&ei=VJFzSoDMOp6Q9QS93Zpv&rt=SEARCH&vm=STANDARD&url=http%3A%2F%2Fwww.google.com%2Fhostednews%2Fafp%2Farticle%2FALeqM5ixn9D9tccd37OeqE4fJaIeXCDw6Q
SECOND Request for Disclosure of Records & Information: I cite the rule, (§92F-12) Agency Records that Must Always Be Disclosed; Part (15) Information collected for the purpose of making information available to the public; [and]) (With NO exceptions noted):
Please provide me all electronic and written documents that will satisfy the following: the policies & procedures, Names of Individuals and Titles of Position within or without the Department, all Communications Records possessed by the Department between individuals within or without the Department; and that pertain to the RELEASE OF THE PUBLICLY RELEASED STATEMENT and the decision to release the statement, made by Dr. Chiyome Fukino on July 27, 2008, on behalf ofthe Hawaii State Department of Health:
STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D. I, Dr. Chiyome Fukino, Directr of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.
THIRD Request for Disclosure of Records & Information: I cite the rule, (§92F-12) Agency Records that Must Always Be Disclosed; Part (15) Information collected for the purpose of making information available to the public; [and]) (With NO exceptions noted):
Please provide me all electronic and written documents that will satisfy the following: the policies & procedures, Names of Individuals and Titles of Position within or without the Department, all Communications Records possessed by the Department between individuals within or without the Department; and that pertain to the RELEASE OF THE PUBLICLY RELEASED STATEMENT and the decision to release the statement, made by Dr. Chiyome Fukino on October 31, 2008, onbehalf of the Hawaii State Department of Health:
STATEMENT BY DR. CHIYOME FUKINO There have been numerous requests for Sen. Barack Hussein Obamas official birth certificate. State law ( Hawaii Revised Statutes §338-18) prohibits the release of a certified birth certificate to persons who do not have a tangible interest in the vital record. Therefore, I as Director of Health for the State of Hawaii, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawaii State Department of Health has Sen. Obamas original birth certificate on record in accordance with state policies and procedures. No state official, including Governor Linda Lingle, has ever instructed that this vital record be handled in a manner different from any other vital record in the possession of the State of Hawaii.
Please consider this request as a Hawaii UIPA (Uniform Information Practices Act) request under section 92F-12.
I would also appreciate confirmation of receipt of this request in a timely manner per guidelines.
Thank you, My Name and Info Here
Full article, submitted as evidence that the FIRST record request is subject to public disclosure:
Right-wing fringe claims Obama ineligible for presidency
By Virginie Montet (AFP) 1 day ago
WASHINGTON A small group of fringe conservatives, many fundamentally opposed to the notion of an African-American as president, are challenging President Barack Obamas eligibility for the US presidency.
On blogs and even before US courts, the so-called Birthers are using the Constitution, with its stipulation that presidents be US natural born citizens, to argue Obama should not be in the White House.
Despite proof that Obama was born in the US state of Hawaii, including a birth certificate affirming that fact, rumors continue to spread, fueled by a group that critics say includes right-wing militants, racists and Holocaust deniers.
These are people who are fundamentally either racist or extreme right-wingers. Thats where the whole movement is coming from, said Mark Potok of the Southern Poverty Law Center, which studies extremist groups.
The movement is composed of people who very much do not want Barack Obama to be president, largely because he is black, certainly because he is liberal, he added.
On sites like WorldNetDaily.com, where a petition questioning Obamas place of birth has attracted more than 400,000 electronic signatories, the so-called Birthers are daily raising new doubts about the story of Obamas birth.
One of them has already tried in vain three times to sell on Ebay a birth certificate purporting to show that Obama was born in Kenya.
They are also taking their cause before US courts, where several lawsuits claiming that Obama was not born on US soil have been dismissed, including by the Supreme Court, which refused to hear argument on the issue.
At the beginning of the week, authorities in the state of Hawaii were forced for the second time since the senator from Illinois became president to certify that Barack Hussein Obama was in fact born in the Kapiolani maternity ward in Honolulu on August 4, 1961 at 7:24 pm local time.
The US House of Representatives on Monday passed a non-legally-binding text on the occasion of the 50th anniversary of Hawaiis entry in the United States, affirming that the 44th president of the United States was born in Hawaii.
In America there is a history of conspiracy thinking that is part of a tradition of dissent, said Chip Berlet of Political Research Associates, which studies right-wing movements.
Berlet said a small percentage of the population believes the government has been taken over by a secret elite that includes freemasons, the Catholics, Jewish bankers and others.
He noted that former president Bill Clinton was also the subject of conspiracy theories that claimed he was seeking the help of the United Nations to confiscate all weapons on American soil.
While the movement has an audience of several hundreds of thousands of sympathizers, their theories are also being broadcast by media figures such as CNNs Lou Dobbs and radio host Rush Limbaugh.
So you have this right-wing social movement, relatively small but angry, and then you have these major public figures, inflaming them with rhetoric and conspiracy allegations on national television, Berlet told AFP.
According to the Southern Poverty Law Center, there were 926 racist groups in the United States in 2008, compared to 602 in 2000 a rise of 54 percent.
I think thats very significant, and the numbers continue to rise, said Potok. Very likely the white supremacist world has been energized by the election of a black man into the White House.
Good job.
"Obama's First Executive Order was to SEAL his records. --- Now for all of you who commented on our previous articles that we were no more that right-wing nut jobs, that this thing about Obamas birth certificate was a non-issue, and those of you who tried to shift the focus of the stories, doesnt this strike you as just a little odd? ---- That the first order of business Obama took care of on day one of his Presidency was to sign off on an Executive Order that states that only the records he chooses to be made public will be released? --- This is the subject that was at the absolute top of his agenda? --- If this isnt proof that Obama is hiding something, I dont know what is. -------- "
http://edocket.access.gpo.gov/2009/pdf/E9-1712.pdf
Good luck. One of Barry's Czars feels trees have standing in court, but it will turn out that YOU have no standing.
Is this an update, or did the other thread get pulled?
I guess it didn’t get pulled, it’s still there...
UIPA request to Hawaii
http://www.freerepublic.com/focus/f-bloggers/2305448/posts
The rules I cited made no exceptions. Not even for records under seal.
FIRST REQUEST for Disclosure of Records pertains specifically to the records “Agencies must also disclose”
AND Part (3) “[And] Records where compelling circumstances show an effect on the health or safety of any individual;” (With NO exceptions noted )
AND ALSO Part (15) “Information collected for the purpose of making information available to the public” (With NO exceptions noted ) The Public information given out by Dr. Fukino may be found in requests TWO & THREE that follow:
Obama’s Vital Records may very well be a matter of public record/interest due to the danger from right-wing and racist extremist groups.
“Obamas Vital Records may very well be a matter of public record/interest due to the danger from right-wing and racist extremist groups.”
And if this is so, WOW.
Let’s just wait and see.
You go girl!!!Sooner or later something or someone will give.
I want to believe this, but before I send to my liberal friends I need to understand it first. I read the executive order...I don’t see where it says his records are sealed. It looks like it deals with how to handle executive privilege.
Please explain a bit further.
thx
It might not be quite that, actually..., take a look...
I looked over that recent executive order a few months ago, and I thought it was something of a continuation of Bushs former executive order. But, it appears that Obamas Executive Order 13489 *may restore* Ronald Reagans Executive Order 12667
Executive Order 12667 established a procedure for former United States Presidents to limit access to certain records which would otherwise have been released by the National Archives and Records Administration under the Presidential Records Act of 1978. It was issued by President Ronald Reagan on 18 January 1989.
The Executive Order was superseded by Executive Order 13233 on 1 November 2001, which allows former Presidents to have greater control over which records are released by the NARA. President George W. Bushs Executive Order 13233 was then revoked by President Barack Obama on January 21, 2009, his first day in office, who essentially restored the provisions of Order 12667 in his new Order.[1]
Executive Order 12667
http://en.wikipedia.org/wiki/Executive_Order_12667
Executive Order 13233
http://en.wikipedia.org/wiki/Executive_Order_13233
Executive Order 13489
http://en.wikisource.org/wiki/Executive_Order_13489
It appears that this may be going back to President Ronald Reagan’s Executive Order... It will take a bit of analysis to go through all this, though.
Well done.
Let’s see what kind of excuses they come up with to refuse your requests.
Take a look at Post #12 for some more information and access to the Executive Orders... it appears to be restoring President Ronald Reagan’s Executive Order that President Bush had revoked...
Thank you for saying this, it’s exactly what I needed to read.
I am no lawyer, so I did the best I could composing, citation and with content.
Thanks. So I did read it correctly. He should ask the mod to yank that post because it doesn’t do us any good to give out false info like that. I was almost ready to send that to a libtard. But decided to read it first and realized it was misinformation.
I disagree (I wish it were true) but it’s not. It would help if you removed that post and in the future put in your opinion on those types of posts, because the EO (while convoluted) does just talk about Executive Privilege and how to handle documents of former presidents.
You said — Thanks. So I did read it correctly. He should ask the mod to yank that post because it doesnt do us any good to give out false info like that. I was almost ready to send that to a libtard. But decided to read it first and realized it was misinformation.
—
Just yesterday, I found the same kind of post going around on Free Republic threads. This other one was *much more overt* in its accusations and spreading false information.
So, I put together this bit of information so people could follow up on it themselves and see if it was as some were saying. To me, it does not appear to be what some posters are trying to make it out to be.
And this other poster had posted it about ten times over again in different places. So, I figured I had better follow it up with my ten posts following behind... :-)
I mean, there’s no use giving out false information, just to have the liberals come back and smack you in the face, and laughing saying you got it all wrong. That doesn’t help the conservative cause. This stuff *has to be accurate*....
Ah thinks somebody be in de wood pile.
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