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?
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