Citing UIPA, I requested ALL Obama's Vital Records And you may LIKE the rule(s) I cited.

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)

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:

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.

Full article, submitted as evidence that the FIRST record request is subject to public disclosure:

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.”

Let’s hope it flies is right !

2 things: 1) I saw that you encouraged others to join you in e-mailing Janice Okubo regarding the release of vital records per UIPA. My thoughts are that the State of HI (who have been MOST uncooperative and are very concerned with accommodating the New Administration, even if it means bending and twisting their guidelines beyond measure) will do all it can to report delays in granting such requests. If they get inundated with too many requests, they will use that as an excuse to request additional time to process all these requests. They have given SO MUCH misinformation regarding BO’s records that I feel that they have become nothing short of a “corrupt bunch of thugs” (excuse the terminology, but I saw an internet article that gave them a similar title recently). First Fukino said the COLB was legitimate, then at another interview, she wasn’t sure if it was or not (?) Supposedly, the male supervisor who is over both Okubo and Fukino said that there is NO RECORD of the State EVER releasing a COLB in 2007 (?), but that never made it to the MSM. Then they told CNN that the original documents were destroyed in 2001, then 2 days later, they reported that they were not destroyed ! How can we put any faith at all in these people ? If this was 20 years ago, the FBI would just raid their office and gather all of the pertinent info !

Secondarily, I know in Andy Martin’s original lawsuit against the State of HI (in 11/08) he had a 25 page writ enumerating several prior cases to establish legal precedent for why Obama’s records should be disclosed. It was EXTREMELY a well researched work on his part. I do remember that he specifically requested “all communication between the State of HI and investigator Jerome Corsi to be released”. I do not think they ever accommodated that request, but then again, I am not sure whether he referenced the laws you did in this very well written article here.

Jerome Corsi, author of “Obamanation” was the first investigator to request BO’s birth records from HI in 2008 to no avail. He also conducted an investigation that verifies that the Obama family never even lived at the address in Honolulu in the newspaper article that supposedly announce BO’s birth !

Anyway, as I stated in my prior post: “It seems egregiously apparent that some State officials are, knowingly or unknowingly, acting at the behest of the new administration, regardless of the accuracy of the information they are publicly proclaiming. Maybe, in their own personal opinion, there is less liability in conducting questionable or potentially illegal business practices with the support of Washington, than there is in being an honest unbiased worker fulfilling State mandated UIPA requests...”

I personally think they are not only Obama supporters, but also, like the mainstream media, are puppets controlled by the extremely well-funded New Administration. I wish someone would do a background check on them !

As always, I admire your diligence and pray for your safety and success ! Let’s see what happens !

He shouldn’t have gotten too legal with it. The GUIDELINES BOOKLET says this upfront-(you’re aren’t dealing with lawyers):

“We are pleased to provide you with this UIPA handbook. It
is intended primarily to provide the non-lawyer agency
official with a better understanding of the UIPA and a stepby-step guide for application of that law.”

It even says you can do this: “Informal Request
When an agency receives an oral request for a record...”

AND some things have changed, perhaps, since Andy filed. Like another statement was issued.

ALSO, birthers are being declared, by experts stating to the press, as being: militant, racist, members of hate groups, deniers of the haloucaust and being inflamed by Lou Dobbs and others that report on this issue.

***So, I am requesting the records on behalf of the safety of the President, and all Americans whose safety is compromised as a result of inflamed citizens fuel by the withholding of his VITAL RECORD.

Agency Records that Must Always Be Disclosed (§92F-12) ****BECAUSE THERE IS “PUBLIC INTEREST” TO RULE DISCLOSURE******

The Legislature created a list of specific categories of records that must ALWAYS BE DISCLOSED.

(An exception only applies where it is NOTED***):

(15) Information collected for the purpose of making information available to the public (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(Dr. Fukino’s TWO statements apply here)

I requested ALL his VITAL RECORDS and the policy and procedure, etc, etc... used to make that information public.

Because in order for the Dr. to have done these procedures: “seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures”

She would have to verify every field on the form is filled out “in accordance with state policies and procedures”

SECOND RULE I CITE:

(3) (Agencies must also disclose) Records where compelling circumstances show an effect on the health or safety of any individual; (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(I cite this article from the AFP as support: “”Right-wing fringe claims Obama ineligible for presidency”, By Virginie Montet.”

And the expert opinions within.

Like this for example: “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.

INFLAME: to incite or rouse, as to violence:
ex. “His words inflamed the angry mob to riot.”

I requested ALL his VITAL RECORDS on the provision that protects and considers the safety & health of the President, (or anyone) so ***SIGNIFICANT PUBLIC INTEREST*** is gained when you consider the disclosure of ALL his VITAL RECORDS protects also “inflamed” people on the left AND right AND protects ALL Americans. Disclosure with extinguish that which is “fueling the hate.”

Further, as to requesting and ruling to disclose ALL his VITAL RECORDS, if they are under court ordered seal they can’t comply but have to cite that exception: Record(s) under court seal.

But, outside of that, the only significant information that can be withheld from disclosure is BIRTH DATE and ETHNICITY.

The rest of the record should be released. UIPA states they should always err on the side of the person making the records’ request.

Have you read the Hawaii UIPA Records and Information Request Guidelines? And verified what it allows us to request AND WHY? I encourage you if you haven’t. It’s fascinatinf how well thought out it is.

This is how the Privacy EXCEPTION is applied:

Exception 1 – The Privacy Exception (§92F-13(1))
An agency may withhold access to a record if disclosure of the record would constitute a “clearly unwarranted invasion of personal privacy[.]” To withhold a record under this exception, an agency must be able to show that:

(1) An individual has a ***SIGNIFICANT PRIVACY INTEREST***
in the information contained in the record; and

(2) The ***SIGNIFICANT PRIVACY INTEREST*** is not outweighed
by the public interest in disclosure.

What is a ***SIGNIFICANT PRIVACY INTEREST***? (§92F-14)

(IN THIS CASE IT’S THIS: OIP has further recognized that an individual has a significant privacy interest in his or her home contact information, date of birth, and ethnicity.

THE WHOLE RECORD ISN’T WITHHELD:

(**AND NONE OF THESE APPLY***) The list (also) includes information about an individual’s:

(1) Medical history, condition, and treatment;
(2) Criminal law investigation, except where
disclosure is necessary to prosecute or
continue the investigation;
(3) Eligibility for social services or welfare
benefits;
(4) Public employment personnel file type
information, except information required
to be disclosed under §92F-12(a)(14) and
employee misconduct information if
employee is suspended or discharged; or
for county police officers if discharged;
(5) Nongovernmental employment history
except where information qualifies a
government employee for his or her
position;
(6) Financial information;
(7) Professional and vocational licensee
qualifications except:
(a) certain discipline information;
(b) current employment information and
required insurance coverage of
licensee; and
(c) complaints and dispositions;
(8) Personal recommendations or
evaluations; and
(9) Social security numbers.

ON RULING A DECISION ON MY 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.”

http://www.state.hi.us/oip/UIPA%20Manual%205aug08.pdf

Here’s my informal breakdown of the request/process right now:

TWO SIGNIFICANT EVENTS TO CONSIDER:

• Fukino issued another statement.

• Birthers are being declared, by experts stating to the press, as being: militant, racist, members of hate groups, deniers of the haloucaust and being inflamed by Lou Dobbs and others that report on this issue.

-So, I am requesting ALL the President’s VITAL RECORDS, on behalf of the safety of the President, and all Americans whose safety is compromised as a result of inflamed citizens fueled by the withholding of his VITAL RECORD. PER PROVISION (15)

Agency Records that Must Always Be Disclosed (§92F-12) *BECAUSE THERE IS “PUBLIC INTEREST” TO RULE for DISCLOSURE*

The Legislature created a list of specific categories of records that must ALWAYS BE DISCLOSED.

(An exception only applies where it is NOTED***):
I cite the two provisions within [(3) & (15)]:

(15) Information collected for the purpose of making information available to the public (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(Dr. Fukino’s TWO statements of information to the public apply here.)

I requested ALL his VITAL RECORDS and the policy and procedure, etc, etc... used to make that information public.

She would have to verify every field on the form is filled out “in accordance with state policies and procedures”

SECOND RULE I CITE:

(3) (Agencies must also disclose) Records where compelling circumstances show an effect on the health or safety of any individual; (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(I cite this article from the AFP as support: “”Right-wing fringe claims Obama ineligible for presidency”, By Virginie Montet.”

And the expert opinions within.

INFLAME: to incite or rouse, as to violence:
ex. “His words inflamed the angry mob to riot.”

I requested ALL his VITAL RECORDS on the provision that protects and considers the safety & health of the President, (or anyone) so ***SIGNIFICANT PUBLIC INTEREST*** is gained when you consider the disclosure of ALL his VITAL RECORDS protects also “inflamed” people on the left AND right AND protects ALL Americans, therefore. Disclosure would extinguish that which is “INFLAMING.”

Further, as to requesting and ruling on disclosing ALL his VITAL RECORDS, if they are under court ordered seal they can’t comply but have to cite that exception: Record(s) under court seal.

Outside of that, the only significant information, as I understand, that can be withheld from disclosure is BIRTH DATE and ETHNICITY.

The rest of the record should be released per UIPA guidelines which state they should always err on the side of the person making the records’ request.

This is how the Privacy EXCEPTION is applied:

(1) An individual has a ***SIGNIFICANT PRIVACY INTEREST***
in the information contained in the record; and

(2) The ***SIGNIFICANT PRIVACY INTEREST*** is not outweighed
by the public interest in disclosure.

What is a ***SIGNIFICANT PRIVACY INTEREST***? (§92F-14)

(IN THIS CASE IT’S THIS: OIP has further recognized that an individual has a significant privacy interest in his or her home contact information, date of birth, and ethnicity.

THE WHOLE RECORD ISN’T WITHHELD:

(**AND NONE OF THESE APPLY***) The list (also) includes information about an individual’s:

ON RULING A DECISION ON MY REQUEST:

Have you read the Hawaii UIPA Records and Information Request Guidelines?
http://www.state.hi.us/oip/UIPA%20Manual%205aug08.pdf

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