Skip to comments.Request for Investigation of HDOH Permanent Records Destruction
Posted on 05/25/2010 9:09:19 AM PDT by butterdezillion
I sent a letter to the OIP and Ombudsman this morning, requesting an investigation into whether the HDOH illegally destroyed permanent government records. I cc'ed Gov Lingle, Lt Gov Aiona, and AG Bennett.
Because the letter contains a link I will post the entire letter in the first response to this post.
A brief summary for those who are new to this issue: The retention schedule says that the original (hand-written) birth index was submitted for review in 1980 and it was determined that this record should be retained permanently. The schedule also says that the certificates themselves and the index to foreign births are to be retained permanently.
The HDOH has said that they have no original birth index or index of foreign births - that they only have the actual certificates. But those indices are real documents, able to be microfilmed and required since 1980 and 1982 to be kept permanently.
As I state in my letter, the HDOH has either lied about the records not existing, destroyed them legally in the past 5 months and refuses to document that destruction, or illegally destroyed them.
My letter. Because this post isn’t accepting the formatting on the communications history, you’ll have to click the link to see that.
-—— Original Message -——
From: Nellie (redacted)
Cc: email@example.com ; firstname.lastname@example.org ; LtGov@hawaii.gov ; email@example.com
Sent: Tuesday, May 25, 2010 10:15 AM
Subject: Fw: Request for Assistance - Copies of Original VR-1 Pages
Dear Ms. Joesting & Ombudsman’s Office,
The HDOH has now twice said that they cannot disclose the records I requested because the original birth index pages don’t exist. These are documents (separate from the birth certificates themselves) which were submitted to the comptroller in 1980 with instructions to be retained permanently as originals and/or microfilm copies. The comptroller signed the request form. It has now been well over 10 business days since I asked the HDOH to provide the record of their having destroyed these records, since there was no request to dispose of these records as of the beginning of the year, which was when I received the copy of the DOH retention schedule. They have also said there is no index of foreign births - a document submitted to the comptroller and specified for permanent retention in 1982.
Either the HDOH is lying about these records not existing, or they have illegally destroyed them, or they have legally destroyed them within the past 5 months but refuse to release the documentation for that destruction.
The complete exchange with the HDOH can be found at my blog at http://butterdezillion.wordpress.com/2010/05/18/hdoh-has-destroyed-original-permanent-records/ . That article also links to the retention schedule and to a post containing my complete exchanges with archivist Susan Shaner, who agrees that the HDOH should have these records.
The HDOH’s answers strongly suggest that they have illegally destroyed permanent records - a serious offense that should result in disciplinary action including termination of employment for those involved. When will this investigation begin and by whom, and will the people involved be put on administrative leave until the investigation is complete?
I look forward to your prompt attention to this serious matter.
ping...how long will this take...the country is going down fast.
how long will this take?
As Hawaii is now ignoring birth certificate requests, I’m sure they will also find the time to ignore your request for an investigation.
If they put the people involved on administrative leave until the investigation is complete, it may depend on whether anybody in Hawaii wants to be able to access their records anytime in the near future...
Hopefully some people in Hawaii will light a fire underneath the OIP to actually get this done.
I think Lt Gov Duke Aiona is running for governor. I’m not certain, but I think he may have been the person responsible for forcing the HDOH to post their Administrative Rules online as required by law. He is in charge of the OIP.
He and Linden Joesting are the only 2 “public servants” in the entire State of Hawaii who have shown any courage or any loyalty to the rule of law. It is no accident that I chose to send this to them.
We will see.
I take that back. There is also one Hawaii legislator who had the courage to vote against the “Vexatious Requestor” bill in committee and on the floor. So there are 3 - 3 people in Hawaii at least partially committed to the rule of law.
Lucy, can you ping the list on this one? Thanks!
Also, does anybody know why I would receive e-mails that were supposed to be sent to somebody I don’t even know? My e-mail address isn’t included anywhere on the e-mail, not as a forward, cc, or as the intended recipient. This has happened 3 times in the last 2 days.
I’m afraid to reply to the sender to tell them their e-mail never made it to the intended recipient because I have no idea who they are. How would somebody else’s e-mail end up in my box?
You are a true Patriot, to take this on, research it and follow through on this important issue
I hope you are making Lingle etc very nervous.
I do not doubt Hi destroyed any relevant records that would have revealed the truth about the lying POS 0dumbo.
Thank you for what you are doing
Keep up the great work. We are going to bring the lying marxist to justice sooner or later.
Thank you. I’m afraid they will overlook it if they think it is just me. There has to be a way to apply public pressure and scrutiny to the Hawaii organs of (supposed) legal accountability.
As it is, I fear that the only person who would sweat over whether the law is kept is Lt Gov Aiona. What a choice Hawaii would have for governor if Aiona turns out to expose the government corruption - choose between the big crook Abercrombie and Aiona who takes on the corruption.
I don’t know. Maybe this could be a gift for Aiona, if Hawaiians have any idea how corrupt their government really is. But then, drinking off the corrupt government teat still fills your tummy...
Aiona may have nothing to lose. There’s no bigger government teat he could offer Hawaii anyway, than the one Obama and Abercrombie can offer. lol. His only chance is to offer something different - like maybe integrity...
Look at page 12, about the federal government’s general false statement statute, 18 U.S.C. 1001, at http://www.fas.org/sgp/crs/misc/98-808.pdf . It makes it a punishable federal crime to deliberately DECEIVE (that’s by what you say and by what you left unsaid) in any issue that the legislative or judicial branches act upon.
Is there any way that Obama, his campaign people, Pelosi, and the HDOH could NOT be guilty of that crime - given that the Constitution requires Congress to certify the electoral votes?
Any legal eagles around here have any insight on this?
Doesn't this fall under the "obstruction of justice" description? The records were the subject of pending court cases. Destruction of evidence and/or obstruction of justice is a felony.
I don’t think any of the court cases specifically asked for the original birth INDEX or the index of foreign births, although it would be reasonable to expect that anything original could be brought into a court case regarding the legitimacy of the documentation at any time - which is probably why the original records are required to be retained permanently.
That’s one reason why destroying these records would be such a serious offense.
Remember the huge stink when the interrogation tapes were destroyed? As far as I know, there was nothing legally requiring those to be kept and yet there was a big stink over it because those tapes could have potentially been used as evidence in a future lawsuit. These are records that ARE required to be retained, forever.
Once again, though, the question isn’t what the laws are or what is legal. The question is what law anybody is willing to ENFORCE. So far Hawaii is batting .000 on that.
Perhaps they “bcc”’d you.
Does that mean blind carbon copy? (I always wondered what that meant)
How does a blind carbon copy work?
This is the opposite: I can see who it was to but not that it was to me.
Oh, I think I know what it is....
It’s like a group addressee. There may be 25 names in a group. The first name in that group is John Jones. And that’s all that is shown in the “to” line.
But all 25 names in that group get the email.
It’s probably spam.
I just looked all the way to the bottom of the first e-mail. It had a copy of an e-mail we had received from our IP, saying they had received our payment on account #xxxxxx. The e-mail itself was a letter to the editor of the NYT. The person’s name, address, etc was on the letter.
I’m afraid this is a virus.
Right before the first e-mail came I was in intense, important conversation with someone about strategy regarding Obama’s eligibility. I haven’t heard from him since Sunday evening, when this happened.
I sent a test e-mail to somebody else whose conversations wth me I’m pretty sure are being monitored. I requested a “read” receipt. Normally she responds pretty quickly but I haven’t heard back from her yet.
This might sound crazy, but I know that McAfee was involved in covering for Obama back when the stuff with “Terri K” first showed up on Donofrio’s blog. Something has been done to my computer that overrides whatever settings my husband puts in to allow a download of the program needed to show YouTube videos. Whatever has been done, McAfee isn’t doing anything to fix it. It’s been that way since before the new year. We wiped everything off the hard drive and started all over. I wonder if McAfee can control my computer from their headquarters.
Anybody know anything about that? I don’t trust them. Can they keep my e-mail from working? I know at least one of my e-mails wasn’t delivered to the inbox of the recipient until several days later, even though she had checked her e-mail in the meantime. It’s always the eligibility e-mails that seem to be affected.
When you have an anti-virus program on your computer, you are giving Windows permission to accept downloads from the software company whose program it is, in other words, remote access. (someone else correct me if I am wrong as I am not an expert on anti-virus and anti-spy ware software though I have used a bunch of them)
What I would do in your situation is look for an anti-virus package that is not made in the U.S. but is available with English interface. I would favor countries that don’t have their noses up BO’s bum on any level. My first thought is Israel. You also need to have a good firewall.
BTW, I’ve noticed a few things on our system somewhat similar to your comments but less trouble.
One more thing. I’ve wondered what Microsoft’s ability to monitor a computer is because that would be the most useful company for the gov. to keep track of people. The only thing I do about it is use another company’s firewall on the router and I have no idea if that helps.
Perhaps there is someone wth “name” that would consider requestiong the information as well.
maybe not a known person who has made requests before.
We need to think of someone.
surely among all us Freepers we can come up with someone.
The problem is gthe leftists and all the medai pounce on anyone and call them crazed birthers
which is why I think People like hannity etc stay away from it
hmm I wonder if Pamela Geller would be interested.
ShadowAce - would you ping the TECH list to post #23 on this thread:
A good FReeper really needs your help. Thanks.
Was it from HI? I suspect they will be using this as their excuse why you didn't get your e-mail in a prompt and timely manner. They will claim that instead of just hitting "reply" on the email (as any normal person would do) that they wrote it down and it got accidentally mixed up with the next person's email. Of course, they will offer no explanation of where they sent your reply. That also puts it back in your court to prove in reality they never had any intention to reply to your email and these unknown recipients are fictitious or an intentional mix up.
McAfee and Norton’s both messed up my computer. Won’t have either.
Mine used to freeze nearly every time I got on an eligibility thread. I named the black suit Eligibility Ed.
My guess is that the Trojan viruses were programed to look for persons like me and you and other “high visibility” eligibility persons who could articulate persuasive theories about Obama’s ineligibility.
After almost ten years with McAfee I dumped them and started using Microsoft Security Essentials. I have had no problems with damage to my system since then. https://www.microsoft.com/security_essentials/
That sounds like exactly what I experienced with McAfee.
Some web sights can put tracking cookies and spyware on your system, make sure you get rid of all the bad cookies and spy/malware...
I see nothing good about mcafee and norton and also recommend microsoft security essentials.
before you load, clear cookies and temps, get all your windows updates, reboot, download and use malwarebytes.com, reboot, then load the new antivirus. https://www.microsoft.com/security_essentials/
i also like ccleaner.com, a free cleaner that hasn’t screwed up yet.
Good work, and my deepest thanks,
For your constant efforts,
To root out this insane Marxist Communist Kenyan.
Keep the pressure up.
Sorry to say it, but switched to a Mac.
It seems that the crazy people the world like to attack Windows and I guess they don’t own so many Macs in China and Russia and other Third World countries, so I’ve never had a virus in 20 years of using Macs and I save $50 or so per year because I don’t need any software to protect my computer.
I would be very scared to find someone monitoring my conversations and I don’t know who is doing it to you but I think you would be much better protected if you had a Macintosh computer. I know they are expensive, and that they are more expensive than many Windows machines, but often you get a screen, a very nice computer screen included, and the software is nearly free for the system and the system updates. There is no serial number for the Mac OS X. operating system so it is very easy to install in several computers and to update all the computers, and the latest update was just $29 for all the computers in my house. I have one Windows machine and I have eight Macintosh machines. I have never had my e-mail monitored in what you say would be very scary to anybody especially a political blogger. I am not trying to be paranoid but I am trying to be safe and wish you to be safe too.
I also think, that getting your own website costs just a dollars per year, and you can host it somewhere extremely cheaply these days. For example I use host gator and they are very very good, and I paid just $25 per quarter, and I can host 30 or 40 sites easily on that server, and a guaranteed 99.9% uptime and I believe they have backups in case there’s any problem. And I’m very sure that you could get a lot of technical help from their support department for free. This would include problems with the e-mails and I found the technical support department to be pretty good. You can have unlimited e-mails included for free by the way. I think they also have a plan for $4.95 a month and that will also host several sites with unlimited e-mails but I find that the plan that includes the C. panel to be much superior.
I know that there a lot of strong feelings out there about Macintosh and Windows but I have had extensive experience with both and so have many of my business friends, and so the above comments are based on all that business and computer and server experience that I’ve had to date. Also, Bill Gates doesn’t own and control your computer and the virus software does not own and control your computer. And I have heard of many many users changing from Windows to Macintosh, but I’ve never never heard of a Macintosh user changing to a Windows machine.
This is just my opinion, and I’m just trying to help.
“It seems that the crazy people the world like to attack Windows and I guess they dont own so many Macs in China and Russia and other Third World countries, so Ive never had a virus in 20 years of using Macs and I save $50 or so per year because I dont need any software to protect my computer.”
PC users can dump McAfee and Norton as Microsoft Security Essentials is now free, fast, takes up little space, updates automatically and is highly rated.
Apple says you need protection, but doesn’t have the free protection that PCs not have. Mac viruses are on the rise! Don’t get lulled into overconfidence and be sure to have Mac anti-virus protection.
From 12/2008 story:
“Apple, whose market share is growing among computer users, is now recommending that consumers consider applying anti-virus protection to their machines.”
“Apple encourages the widespread use of multiple anti-virus utilities so that virus programmers have more than one application to circumvent, thus making the whole virus-writing process more difficult,” the support note said. Apple recommended solutions from Intego, Symantec and McAfee. An Apple spokesperson did not return calls on Tuesday requesting comment.”
I’ll pass on the advice to my husband since he’s the computer expert in the household. He knows what we’ve been through.
I have another question regarding my mail. This morning I sent an e-mail to someone I’ve been conversing with rather intensely about the eligibility issue and the strategy to use what I have for real, legal results. Three hours and twenty minutes after I sent the e-mail my ISP kicked back an auto response saying they couldn’t deliver my e-mail to that address; they said it was a permanent error. But it’s the same address I’ve been e-mailing to all along and the person contacted me through the blog this afternoon without mentioning anything about changing e-mail addresses. He’s wondering if I’ve gotten his e-mail. The last e-mail I sent him was using my daughter’s e-mail yesterday, and I was able to receive e-mail from him through that yesterday as well.
Is it normal for it to take the system almost 3 1/2 hours to decide it can’t deliver a message? I’ve always gotten undeliverable notifications instantly, until this.
Does somebody have the power to cut off my communications to just certain e-mail addresses? If so, who would have that kind of power?
“who would have that kind of power?”
Any mail server on the planet.
Non-delivery reports (NDRs) are system messages that report the delivery status of a message to the sender. The messages are a subclass of a general message information structure that is referred to as delivery status notifications. Delivery status notifications describe three different types of situations:
Success (2.X.X numeric codes)
Persistent transient failure (4.X.X numeric codes)
Permanent failures (5.X.X numeric codes)
To learn more about delivery status notifications, see Request for Comment (RFC) 1891 and RFC 1893.
NDRs are generated whenever a message cannot be delivered. If the computer can detect the reason for the failed delivery, it maps the reason onto a status code, and a corresponding error message is printed. (To see a list of these codes, see RFC 1891 and RFC 1893.) For NDRs, most numeric codes are reported in the form of 5.X.X and are described as permanent failures. However, there are certain transient conditions that cause 4.X.X codes.
Note that the server that is reporting the problem is listed before the numeric code. In the example NDR in the “Introduction” section, the reporting server is server.nwtraders.com. Sometimes the server that is reporting the problem is not the server that is actually experiencing the issue.
One simple possibility:
Numeric Code: 5.2.2
First Available: Exchange 2000 Service Pack 3 (previously 4.2.2 in earlier release).
Possible Causes: The recipient’s mailbox is over its storage limit.
Troubleshooting: Verify the mailbox storage and the queue storage quota limit.
what HE said.
Can a mail server just refuse to deliver a certain e-mail, without there being technical issues such as an already-full inbox, etc? Is there a way to find out where the problem is coming from?
Check the e-mail for an NDR code, maybe it gives you a reasonable explanation.
And try the e-mail again in a day or so. Sometimes these things just happen.
My NDR didn’t include a server or a code. It said:
This message was created automatically by the Windstream mail system.
A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:
——— This is a copy of the headers of the original message. ———
Received: from (redacted) by (redacted)
(redacted 22.214.171.124 r()) with ESMTPA
Wed, 26 May 2010 08:26:16 -0400
From: “Nellie” (redacted)
Date: Wed, 26 May 2010 07:26:05 -0500
X-Mailer: Microsoft Outlook Express 6.00.2900.5931
X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5931
Nothing jumps out as alarming, though.
Try it again tomorrow.