HI Department of Health refuses OIP’s request
THAT THEY DISCLOSE PUBLIC DOCUMENTS BY DEC. 21st
by John Charlton
© 2009/2010
(Dec. 22, 2009) — By now it is 5:00 pm in Honolulu, Hawaii. And the offices of the Department of Health are closed. So The Post & Email can go public with the fact that the Department is in open violation of Hawaii Law regarding the request made by its editor, Mr. John Charlton, on Sept. 27, 2009, and which on Dec. 8, 2009, the Office of Information Practices warned them of the violation and demanded they respond to the request by Dec. 21st.
The request I made did not regard Barack Hussein Obama’s vital records. And that is what makes Dr. Fukino’s refusal to respond to it all the more revealing.
What my request did refer to, was documentation which Hawaii Law clearly indicates must be disclosed to the public; documentation, which regards the manner in which the Department of Health conducts its public business.
The UIPA request of September 27, 2009
Here is the noxious request, that the citizen “dared” file with Janice Okubo, on Sept. 27th:
Dear Mrs. Okubo,
Aloha!
I am writing to request some information in accord with Hawaii Rev. Statutes §92F-12
Which reads:
§92F-12 Disclosure required. (a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:
(1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;
(2) Final opinions, including concurring and dissenting opinions, as well as orders made in the adjudication of cases, except to the extent protected by section 92F-13(1);
The specifc information I am requesting is the following:
1. All Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the your agency, which regard the maintenance and disclosure, or non-disclosure, of original vital records, and index data for the same.
2. All final opinions, including concurring and dissenting opinions, given by any officer, employee or by the responsible decision making entity, in your department, regarding divulging of information regarding original vital records, regarding press inquiries pertaining to original vital records, and regarding public statements made by the Director or Communications director regarding any original vital record or requests for its release made by those adjudged by the Director not to have direct personal interest in the records.
3. All Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by your agency, which regard the request for any opinion sought by your office from the Hawaii Attorney General’s office regarding the observance of Hawaiian Law, and/or the observance of Federal Law, and/or the observance of the Constitutional requirements of office for those candidates on the ballot for federal offices, in Hawaii, and/or which regard any particular matter for which you might request counsel from the Hawaii Attorney General’s office.
4. All final opinions, including concurring and dissenting opinions, given by any employee or officer, or by the responsible decision making entity, in your department, which regard the public identification of the citizenship status (whether natural born, native, statutory, or naturalized, American or foreign or otherwise), which any employee or officer in your department might make publicly or privately, in their official capacity, about anyone whose vital record is maintained by your department.
Thank you,
Sincerely,
Mr. John Charlton
OIP DEMANDS DOH TO REPLY BY DEC. 21st
On December 8th, the Office for Information Practices put the Department of Health on notice, with this letter:
Dear Ms. Okubo:
The Office of Information Practices (“OIP”) has received a request for assistance from Mr. John Charlton with respect to his request made under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (“HRS”) (“UIPA”), for access to documents pertaining to operations and procedures. Mr. Charlton has indicated that he made a written request to the Department of Health (“DOH”) dated September 27, 2009, and that he has not yet received a response from DOH. Copies of Mr. Charlton’s request to OIP and his record request to the DOH are enclosed for your information.
Under OIP’s administrative rules, an agency must respond to a written UIPA request for access to government records within a reasonable time, not to exceed ten business days. Haw. Admin. R § 2-71-13 (1999). Given the length of time since Mr. Charlton’s request, please provide the required response to Mr. Charlton within that same time frame. Id.: Haw. Admin. R. §§ 2-71-14, 2-71-15 (1999). Specifically, if denying access, DOH should (1) specify the record, or parts, that will not be disclosed; and (2) cite the agency’s specific legal authorities under which access is denied under section 92-F-13, HRS,* and other laws. Haw. Admin. R § 2-71-14. Please also provide OIP with notice of the action taken by the agency.
Thank you in advance for your cooperation and assistance in this matter. Please do not hesitate to contact me if you have any questions or require assitance.
Very truly yours,
Linden H. Joesting
Staff Attorney—————
* The UIPA also provides generally that where compliance with any provision of UIPA would cause an agency to lose or be denied funding or other assistance from the federal government, compliance with that provision shall be waived but only to the extent necessary to protect eligibility for such federal assistance. Haw. Rev. Stat. §92F-4 (1993).
Ms. Jancie Okubo has completely ignored this letter, since I have not received any reply from her office within the 10 days specified.
You can examine for yourselves the importance of my request; and speculate why the Department of Health has consistently refused to respond to something so patently legal and proper.
In addition, note the footnote which Attorney Joesting added to her letter. It seems to indicate that she has spoken with Okubo before, and that Okubo is denying my UIPA request because she fears a backlash from the White House.
They cannot deny the request I made, because it would have no supporting legal authority. They cannot grant it, if they are hiding something untoward, which in granting it, would be revealed; and which in being revealed, would cause Obama’s tyrannical rage to pour forth its venom against the Hawaii Department of Health’s future budget’s bottom line.
Continued silence in this matter only indicts Dr. Fukino and Janice Okubo in conspiracy to obviate their legal responsibilities. If they are being threatened by the White House, they need to come clean. If the documents show Obama is a liar, they need to come clean. If the documents I requested show that they have not been straightforward with the American Public, they need to realize that releasing them will make lighter any future punishment a court will impose.
Mr. Charlton needs to now levy a full blow of legal challenges at Ms. Okubo. This whole issue will require a ‘bottoms up’ resolution. Ms. Okubo is not the starting point. She should be sued - personally. Yes, she is a pawn, but the winning of chess game starts with pawns. To many people have overshot and go directly at BHO. This is a mistake. Start here. Like a bursting a dam if you start chipping away at the bottom the pressure of what it holds back will make the work easier.
John;
Excellent work!
Keep up the prssure.
You may have the key to prying open the door to this evil SOB’s background. I sincerely hope the whole cabal from Soros, to the evil Rahmo, to the evil Babylonian, Axelrod and all the degenerate czars he has surrounded himself with, go down into a dark, hot, hole forever.
God will have to forgive them, I cannot.
I made a similar request of the Hawaiian DoH. At least I got a reply from Ms. Okubo. However, it took 3 WEEKS to get said reply (admitted by their own hand on this document), NOT the 10 days it is supposed to be answered in!
Oh yeah……just for the record, my request was
D E N I E D……imagine that!
Also notice on the document their reason for denial……”requires agency to create a summary or compilation from records not readily retrievable”.
Now I have to ask…..given that this is the agency that is the custodian of the records I requested, and that my request was not made concerning any INDIVIDUAL BY NAME but rather a compilation of all male children born on the Island of Oahu in August 1961…..clearly something that is PUBLIC INFORMATION since these names are published in the newspapers there…….
How could this agency NOT have records “readily available”? What? Ms. Okubo doesn’t have access to a computer in her office?
BULLSH$T! That is ALL you will get from these LYING people!!
NOTICE TO REQUESTER
(Use multiple forms if necessary)
TO: Bill *****
FROM: Janice Okubo, Department of Health (808) 586-4442
(Agency/name & telephone number of contact person at agency)
DATE REQUEST RECEIVED: 10/8/09
DATE OF THIS NOTICE: 10/29/09
GOVERNMENT RECORDS YOU REQUESTED (attach copy of request or provide brief description below):
1. Request is attached
2.
3.
4.
NOTICE IS PROVIDED TO YOU THAT YOUR REQUEST:
0 Will be granted in its entirety.
1 Cannot be granted because
0 Agency does not maintain the records. Agency believed to maintain records:
0 Agency needs a further description or clarification of the records requested. Please contact the agency
and provide the following information: first and last name for index data requested
1 Request requires agency to create a summary or compilation from records not readily retrievable.
1 Is denied in its entirety 0 Will be granted only as to certain parts
based upon the following exemption provided in HRS § 92F-13 and/or § 92F-22 and other laws cited below (portions of records that agency will not disclose should be described in general terms).
RECORDS OR APPLICABLE AGENCY
INFORMATION WITHHELD STATUTES JUSTIFICATION
Vital Records HRS §338-18(b) Access to records is
§92F-13 (4) (Supp.1989) restricted by statute
REQUESTER’S RESPONSIBILITIES:
You are required to (1) pay any lawful fees assessed; (2) make any necessary arrangements with the agency to inspect, copy or receive copies as instructed below; and (3) provide the agency any additional information requested. If you do not comply with the requirements set forth in this notice within 20 business days after the postmark date of this notice or the date the agency makes the records available, you will be presumed to have abandoned your request and the agency shall have no further duty to process your request. Once the agency begins to process your request, you may be liable for any fees incurred. If you wish to cancel or modify your request, you must advise the agency upon receipt of this notice.
METHOD & TIMING OF DISCLOSURE:
Records available for public access in their entireties must be disclosed within a reasonable time, not to exceed 10 business days, or after receipt of any prepayment required. Records not available in their entireties must be disclosed within 5 business days of this notice or after receipt of any prepayment required. If incremental disclosure is authorized by HAR § 2-71-15, the first increment must be disclosed within 5 business days of this notice or after receipt of any prepayment required.
Method of Disclosure:
0 Inspection at the following location: .
Please add John’s comments in his comment section for this article at his site http://www.thepostemail.com. He is setting up a fund to file suit. Please make this go viral. He will need our help.