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 public’s interest. Therefore the legislature declares that it is the policy of this State that the formation and conduct of public policy—the discussions, deliberations, decisions, and action of government agencies—shall be conducted as openly as possible.”
Citing the following Rule from The Uniform Information Practices Act (Modified) HAWAII’S 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 Obama’s 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 Obama’s 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 Obama’s 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. That’s 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 of‘the Hawaii State Department of Health:
STATEMENT BY HEALTH DIRECTOR CHIYOME FUKINO, M.D. “I, Dr. Chiyome Fukino, Direct‘r 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, on‘behalf of the Hawaii State Department of Health:
STATEMENT BY DR. CHIYOME FUKINO “There have been numerous requests for Sen. Barack Hussein Obama’s 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. Obama’s 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 Obama’s 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. That’s 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 Obama’s place of birth has attracted more than 400,000 electronic “signatories,” the so-called Birthers are daily raising “new doubts about the story of Obama’s 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 Hawaii’s 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 CNN’s 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 that’s 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.”
Me or Obama?
Do you like it? Do you really, really like it?
I didn’t see this! You’re welcome, my sister! I am not a lawyer so I hope it was CLEAR to you why I cited what I cited.
And what’s wonderful is that I cited it FOR HIS HEALTH AND SAFETY.
Racist? No WAY! I live a integregated life!!!
Fine. Name them. Every one of them. State the criteria you use to qualify them as racist. And, document the data you've developed. Otherwise STFU
You realize this could be a very ironic thing for the race-baiters on the left, eh?
BTT
Yup.
I’ve requested the protocol for if they reject or don’t respond at all. I re-file with the Office Of Information and the Lt. Gov. oversees that agency. So, I copied them on my UPIA Request.
I suspect they won’t respond because they WANT to LET the Office of Information rule on this one. But, citing TWO rules, beautifully I must say—I think I have a very good case.
There were NO exceptions to these rules.
Birth records WERE exceptions to OTHER rules, but NOT these two.
I will be following this request through to the end.
BTTT
Can they stall four to eight years? It will be interesting to see.
Nope, they have five days to fulfill once they acknowledge receipt. If they ignore it or reject it, in ten days I re-file with the Office of Information.
On ruling on my UIPA request:
“An agency must balance the significant privacy interest against the public interest in disclosure of the information. If the public interest is found to outweigh the individual privacy interest, the agency must disclose the information. Where an agency cannot identify a significant privacy interest, the slightest public interest in disclosure will require the agency to disclose the record.”
I would say protecting the safety of the president presents SIGNIFICANT public interest.
I have since added this statement and asked that it be consider in deliberation. And I truly stand by it:
Dr. Fukino-
I ask that you consider this Per Request #1 (Part 15):
There is NO dispute, in my mind, that protecting the safety & health of our President presents THE UTMOST SIGNIFICANT public interest for not only for him, myself, EVERY AMERICAN and his family but, frankly, the world. And although I am aware of the reasons to protect privacy, none are more significant than President’s Obama’s safety and health. Whether you agree while deliberating your ruling or not, I wanted to add that to the record.
On Ruling-UIPA:
“An agency must balance the significant privacy interest against
the public interest in disclosure of the information. If the public
interest is found to outweigh the individual privacy interest,
the agency must disclose the information. Where an agency
cannot identify a significant privacy interest, the slightest
public interest in disclosure will require the agency to disclose
the record.”
If you require further support for my UIPA request, per “Agency Records that Must Be Disclosed”-Part (15), please let me know. Unfortunately, I have come across a lot of expert opinion in the press, especially in the last few weeks, to support the case that, for the President’s Safety and therefore the public’s safety, there is SIGNIFICANT public interest in fulfilling my UIPA records and information request.
Please do not let this madness grow. And experts are in agreement, it’s growing. I can provide more support, please ask me if you’d like me to provide it.
I ask that you operate openly, in the interest of the public and President Barack Obama.
Please file this statement, too, along with my UIPA request.
Just a short time ago my router went down. I find it VERY curious and wanted to post that here. I am pretty saavy with computers, and I noticed a network called “Fightclub” I have never seen before when I searched for my network.
I am ethernet connected at the moment.
If I don’t report back everyday for the next 2 weeks, please alert the proper authorities.
Just for the record!
ain’t gonna’ happen Miss Tickles,sorry
The plain reading of this EO covers the decisions to invoke Executive Privilege (release of records) of "former and incumbent" office holders. Why are you assuming it does NOT cover Barry today? Doesn't "incumbent" in this EO mean CURRENT Presidents and Vice Presidents?
BTTT
It’s dealing with Presidential records not personal records. There is a difference (big difference). This is for records created while serving as President. So like if Clinton had an email that said do NOT try to catch OBL and he didn’t want that out...he could try to exert executive privilege. Or for the guy currently in the office...it details how they are to handle his claims of executive privilege. So if he has emails where he knows Iran was ablet to be toppled and he said do nothing...he could hide that info for a while. It has nothing to do with his BC as that’s a personal record.
FYI, I had Leo Donofrio look at it and asked for his legal opinion.
His answer:
“You have made your case well.”
Were you there for a good argument?
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