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    Using --rr
    HawAl'lb
    Frcddom
    6f lnforffiatldn
'
    taw Guide
    A Step-by-Step

         Ann
    Beverly Deepe,Koever
         of
    School Communications
    University Hawai'i Mdnoa
            of       at
Thisguide intended familiarize
          is        to         students residents
                                         and
withthe importance the Freedom lnformation in
                 of             of           Law
Hawai'i waysto request
       and               stateand  localgovernment
recordshere,Those seeking legaladvice and
             should
interpretations    consult attorney.
                          an

Comments,           suggestions thisguidemaybe
            questions,        for
sentto the author:

   Professor      Ann DeepeKeever
            Beverly
         of
   School Communications
            of
   University Hawai'i
         Hall
   George 331
   Honolulu,      96822-2217
            Hawai'i

   Or she maybe contacted phoneat (808)956-3781,
                          by
   by fax at (808)956-5396 by e-mailat
                         or
   bkeever@hawaii.edu.

Makingpossible creation thisguideis the layout
                the       of                       and
designworkof MarkNakamura, Center lnstructional
                             UH        of
Support, the expertise
        and             shared Michael
                               by         Little the
                                                of
                        Practices.She appreciates
stateOfficeof Information                          the
valuable           of
        assistance both.

Servingas a modelfor this bookletis Usingthe Freedomof
          Act: A Step-by-Step
lnformatron                    Guide,written by Allan
RobertAdler,who describes federalstatute.
                           the

          guide
ThisHawai'i    was revised October 2003,andwas
                                   9,
      as               distribution UH journalism
current of then. Besides          in
       hardcopyversions this booklet available
classes,                of            are       for
community media
         or                                 Access
                  organizations in the Public
                              and
Room,Room401,StateCapitol.

It is alsoavailable online the website the Public
                           on               of
              :
AccessRoom www.             h       p/lrb/par/pu pdf
                       state. i.us/oi            b/foi.
                http://www.hawaii.gov/lrb/par/pub/foi.pdf




Copyright               Ann DeepeKeever
           2003by Beverly
All rights       for
          reserved commercialreproduction
Table of Gontents
lntroduction                                                                                                           t

Office of Information Practices'
WebSit(B               ....r.    t.. r r r r r r r rr r r. r r. r r r I t r t t t I r t r t. I r r r t r r ! ! r r r   4

Basic Questions and Answers About
Hawai'i's Freedom of Information Law.. 7
                   of
Why is the Freedom Information   Law [FOl] important?               7
                                                    ..................
Who can make a request?                                             I
What partof government coveredby Hawai'i's
                       is                    FOI Law?...............8
                           that are 'Unambiguously'Disclosable 9 .
        Government Records
What kindsof lnformationcan be obtained?                           10
How quicklywill the agency respond?                                10
On what groundscan an agency deny a request?                       10
                    to
      Exemptions the open-records     requirement......................
                                                                    t l

   Exemption Clearlyunwarranted
              1:                    invasionof personal  privacy 1 2
         Examples signif
                 of                                                1
                                                        ............ 4
                                              inlormation
                          icant-privacy-interest
         Examplesof lrustrationof legitimategovernmentfunction.. 1 6
      Exemption Judicial quasi-judicial
              2:          or              action                   17
      Exemption Frustration legitimategovernment
               3:          of                      function..... 1 7
      Exemption Protectedfrom disclosureby
               4:                          law or court order.. 1 7
      Exemption Relatingto the legislature
               5:                                                18


Making     the Requestr..'rrr.rrrrrrrr.rrrrr.rrr.rr       19
Step1: ldentifying proper
                the     agency                              19
                                                    .........
Step2: Specifying desired
                the       record                            20
                                                     ........
                 the
Step3: Contacting agency                                    20
                                             ...................


Appealing Agency Denial of Access ..'. 22
O p t i o n : A p p e a l i n g a c i r c u ic o u r t. . . . . . . . .
          1                  to              t                                                           2.
                                                                             . . . . . . . . . . . . . . . . 2. .
Option Appealing Office lnformation
          2:                 to           of                                ......,.............
                                                                    Practices                            23


Eying the Records Report System ....... 25

Appendixes
A: A noteon Partlll - Disclosure personal      of              records         ....................           30
B: Formrequesting           access a record
                                     to                                                          ........     31
C: Sample      letter   requesting    access government
                                                to                     records           .............        33
D :O p i n i o l e t t es u m m a r i eo n O I P ' s e b s i t e . . . . . . . . . . . . . . . . . . . . . . .3 4. . . . . . . . . .
               n        r               s          w                                                           ..
    Hawai'i's
Using
Freedom Information
      of         Law
                         ProPerAsencY
 Step       1 . lff#'',?,the

                            Desired
                                 Hecord
 Step       2.      |o5:'g,the


 Step 3.            Contactthe Agency
                    (page sample
                         20;
                    areon pages
                                 formand letter
                              31-33)




        received
Record(s)                      Record(s)denied



              Appealto OIP               Appealto CircuitGourt
                 (page23-24)                      (pages
                                                       22)



          Appealto CircuitCourt
                   (page24)
Using Hawai'i's
Freedom of lnformation Law
            Guide
A Step-by-Step
               Hawai'i's Freedom Information generally
                                  of             law        established
lntroduction   the rightof the publicto obtaininformation moststate
                                                        from
               andlocalgovernment     agencies.
                  Under  thislaw,Hawai'i'sLegislature up specific
                                                      set
               procedures  through whicha member the public
                                                   of          -
               whether citizen not- can exercise or her rightto
                       a        or                    his
               gainaccessto particular  agencyrecords. The Guidealso
               provides extensive          for
                                 footnotes researchers    seekingthe
               legislativehistory this law or otherauthoritative
                                of
               documentation.
                 All stateand localgovernmentrecords Hawai'i
                                                    in      are
               considered opento the      -
                                     public unless stateor local
                                                  the
               agency can justifysecrecy.
                 This Step-by-StepGurdeis intendedto serve as a
               generalintroduction the public
                                 for                   in
                                             interested knowing
               howto accessstateor city/countyrecords.
                  Thislaw contains parts:
                                 four
                  I Part I - generalprovisions definitions;
                                             and
                                                  -
                  I Part ll - Freedom lnformation the release
                                      of                     of
                    any type of          record the public;
                                government     to
                  I Partlll - Disclosure Personal
                                       of               -
                                                 Records the
                    release the individual
                             to           aboutwhomthe information
                    was collected is maintained;
                                 and
                  I Part lV - the Officeof Information       -
                                                     Practices the
                                         to          the
                    stateagencycreated administer law.
                   Individuals          in
                              interested obtaining documents
               concerning general
                           the         activities government
                                                of          should
               maketheirrequest   underthe Freedom Information
                                                     of         part
               of the law - Partll. lndividualsseeking     to
                                                      access
               government   records pertaining themselves
                                              to          shouldmake
               a request                       of
                         underthe Disclosure Personal   Recordspart-
               Partlll - as wellas underPartll.
       Hawai'i's wasenacted 1988
                law         in    andwentintoeffect
    on July1, 1989.Whenenacted, was unique
                               it        amongstate
    governments  for:
       I establishing Office Information
                    the        of           Practices(OlP)
         as a centralizedoffice provide
                              to        uniformlegal
         interpretations all stateandcity/county
                       for
         governments thusto streamline functions;
                     and                   their         a
         few otherstates havesince followed         model;
                                            Hawai'i's
       I establishingRecords
                    a         ReportSystem (RRS) as to
                                                 so
         enhance government efficiency to prevent
                                     and          secret
         government  record-keeping individuals,
                                  on          groups
                        -
         andcorporations likethatoccurring Japanese
                                          to
         American citizens residents Hawai'i Worldll:
                          and        in       in
         see pages25-29.
        In addition,
                   Hawai'i among few states haveall
                           is      the            to
    stateandcounty   executive,legislative
                                         andjudicial branches
    of government  included underits FOIlaw. lts law also
    coversthe records any "corporation other
                       of                or
    establishment owned,  operated, managed or on
                                   or           by
    behalf thisStateor anycounty."
            of                        Thisprovision  mightbe
    liberallyconstructed cover non-profit
                        to      the          University of
    Hawai'i  Foundation. contrast, federal
                         In         the        FOIcovers
    onlyexecutive-branch  records.
              details
       Specific     about
                        accessing governmentinformation
    are discussed administrative
                in            rules.Theserules:
                  procedures processing
       1. establish        for               for
                                      requests
          governmentrecords;
      2. set forthfeesthatagenciesmay- but neednot-
         charge.The permissable for searching
                                fees             for
         records $2.50per 15 minutes fraction
                 are                   for        thereof
         and for reviewing segregating
                          and           records $5
                                              are
         per 15 minutes f raction
                        or      thereof Butthe first$30
                                      .
         in feesis waived.
      3. spells the availability a fee waiverthatis in the
               out            of
         publicinterest.
       Theserulesimplement Partll - the Freedom
                          only                    of
              part- of Chapter92F of the HawarT
    lnformation                               Reursed
    Statutes.
       No special       is
                expertise needed request
                                to       access to
            government
    Hawai'i's         records.UsingHawai'i's is as
                                           law
    simple making informal
          as      an        request the agency
                                   to          by

2
                                       telephone making formal
                                                or        a      request it in writing.A
                                                                        to
                                       sample letter included page33 of thisguide.Or you
                                                   is         on
                                       mayfillout andmail            the
                                                         to theagency model    formthatis
                                       included pages
                                               on       31-32.Thisformis alsoavailable
                                       online.
                                           Before        your
                                                 beginning request,          you
                                                                     however, maywant
                                                  the
                                       to research valuable materials OIP'swebsite:
                                                                     on
                                                         see
                                       www.state.hi.us/oip; nextpage. Because  feesmaybe
                                       charged somecircumstances,
                                               in                  moneyas wellas time
                                       may be savedby doingsomeadvance  research.Or you
                                       maymakean initialquery telephoning at 586-1400
                                                             by            OIP
                                                  for
                                       and asking its designated"attorney the day"during
                                                                        of
                                       regularbusinesshours.
                                           As of July1, 2003,OIPbegan limitto fivethe number
                                                                     to
                                       of opinions,                      for
                                                   investigations requests assistance
                                                                and                     open
                                       at anyonetimeto eachmember the public, notto the
                                                                    of           but
                                       news  media.l
                                          The lawimposes         misdemeanor
                                                          criminal            sanctions
                                       against person
                                              a        who intentionally
                                                                      uses "falsepretense,
1www.state.hi.us/oip/
multiple_requestjolicy.pdf             bribery, theft"to gainaccess or obtaina copyof a
                                              or                   to
2Hrw.Rev.Srrr. $ 92F-,|7(Supp.2002).   government        or
                                                  record to confidentialinformation.2




                                                                                             3
Office of Information Practices'
Website: www,state.hi,us/oip



    Laws / Rules /
    Opifiions
                                                                                 m*yl
    Forms
                                                      ry*
    Opsnline/                                              I'   %^
_i-:19"y_            Aloha!                                     ;ffi


                                                                       W
                     Thsrk yq,l tor vrsftng th€
    Repons           Otlss ol lnlomation PracUces
    RelateclLink6
                     ('orr).
                     The OIP ad*r&tsr3 llaura s op€fi
                     t*otds law; lhs Unlform lrdonnation
                     Practcss Aat {iltodfisd), chapl*r 9QF,
frwnat'swew          Hawal Flavb€d S:tatutes('UIPA').

                     TIta OIP aho dvhes, ard accepts corgahls, regnrdnrg
                     PsIt I sf cfieilef 92. Harrel Rsvbsd Slahrtc6 {opst
                     maetirgs or'Srnshl*      Lauf).

                                         Contact tlo OIP




                                                                       BHawagootr Horno | *Hawaikror Tanns ol Use I eHawalGor Prfuxv Fciliv
                                                                              Cqt @i @ffiz State of Hawa#sHarvaiGlorr . Al t!fiE rcserysd.


                                            Searching someof thewidearrayof resources OIP's
                                                                                       on
                                            website describedbelowcouldhelpjournalists the
                                                                                      and
                                            public framemoreprecisely
                                                 to                                for
                                                                      theirrequest accessing
                                            government records Hawaii
                                                              in      and to learnaboutthese
                                            kinds issues
                                                 of       elsewhere.
                                                                             corner this
                                              ehawaiigov in the upperleft-hand    of
                                                  links the homepageof Hawaii's
                                            website    to                      state
                                            government.
                                                State Online Services provides     onlinelinksto a
                                                                            (1)
                                            longlistof topics.Theseinclude business      services
                                            suchas business  nameservices,          for
                                                                            e-filing taxes,   calendar
                                            meeting  announcements,  jurypoolinformation, (2)
                                                                                          and
                                            citizenservices suchas business license
                                                                             &         complaints
                                            historysearch, Geographic  InformationSystems   (GlS)
                                            maps,        flightinformation,
                                                   airport                 huntinglicenses, vital
                                            records ordering.
                                               Hawaii Information Link lndex provides   online
                                            linksto an alphabetical,           of
                                                                         listing agencies
                                                                  detailed              and
4
        ranging
seryices,                      and
                fromaccounting adults    services,
through contracts, statebudget,
       bid           the            birth/death/
marriagecertificates, domestic
                    to        abuses, education,
           foodstamps,
environment,                   professional
                         health,           licenses
andprograms, maps,   motor        real
                          vehicles, estate,
substanceabuse,  taxes, stations,
                       TV        voterinformationand
workers'compensation.
    Laws/Bules/Opinions,at the top of the left-hand
panel,provides unofficial of Hawaii's
              an        text            statuteson
publicrecords someof thestatute public
             and                  on        meetings,
or the"Sunshine                version thisonline
               Law."The official       of
materialplusvaluable          to
                    annotations casesandattorney
generalopinionsmaybe foundin Chapters and92F in
                                       92
the boundvolumes the HawarT
                 of          Revised  Statutes (H.R.S.)
in campus statelibraries.
          and
   Thewebsite    alsoprovides fulltextof OIP's
                              the
administrative rulesand an index summaries and
                                  to,           for,
textof the 262 opinionlettersthatOIP has issued   to
interpretHawaii's from 1989
                  FOI            to Sept.11, 2003;brief
summaries manyof these262 are reproduced
            of                                   in
Appendix on pages
          D           34-35.The indexto the opinion
lettersmaybe accessed year,by opinion
                        by                  letter number
or via keyword  searching.
     Another  valuableprinted           is
                             resource the unofficial   set
tilled Mbhre's HawarT ReuisedStatutesAnnotate{ (HRSA)
a Lexis-Publishing  productionavailable somelaw
                                          in
libraries. is alsoon the lnternet for a fee. Thisset
           lt                     but
listseachof OIP'sopinion   lettersunderthe section the
                                                     of
statute whichit relates.Forexample,
        to                                 through 2OO2
HRSAlistsmorethan90 examples records whichOIP
                                     of         in
hasissued           letters
              opinion      relating FOI'sfiveexemptions
                                   to
andprovides sentence two describing decision.
               a          or                 the
H.R.S.  volumes                   to
                  omitannotations OIP'sopinion      letters.
    Forms providesformsfor the publicor agencystaffers
             access a government
for requesting     to              record,       to
                                          replying
thatrequestand providing public-meeting-notice
                       a                     checklist
fortheSunshine Law.
  Openline/Guidance provides      linksto OIP'smonthly
newslettertitledOpenlne,                  the
                         whichannounces latest
         in
decisions opinion                   to
                          advisories agencies
                   letters,                      or
changes policy.lts Guidance
       in                     section  givesfulltextof its
advisoriesto agencies suchissues handling
                     on             as
personnel records turning
                 or                          to
                            overtheir records the
LegislativeAuditor.
                                                            5
       Reports links annual
                    to      reports OIPto the
                                    of
    Legislature 2000,2001and 2002, its report the
              from                     to       to
    Legislature commercial of personal
              on           use            information, a
                                                    to
         to
    report the Legislature the report the Medical
                         on          of
          TaskForceandto current
    Privacy                       information the
                                             on
    Records ReportSystem (RRS); see pages25-29.
      Belated Links is especially valuable conducting
                                            for
    comparativeresearch. provides
                        lt         linksto public-access
         privacy
    and/or                 in
                 agencies otherU.S.states,    Canada, some
    Canadianprovinces,Australia,
                               HongKong,lreland,     Mexico,
    NewZealand,  United         lt
                       Kingdom. alsolinksto non-
    government groups the Electronic
                     like              Privacy  lnformation
    Center,PrivacyRights               and
                        Clearinghouse Access        Reports.
       Clicking theAccess Reports linkprovides
                on
    additional to several
              links           U.S.Department Justice
                                             of
              the
    websites, Reporters               for
                            Committee Freedom Press,
                                                  of
               of
    University Missouri Center,
                          FOI        Freedom Information
                                              of
    Resources,  National SecurityArchive,
                                        Nader-inspired
    PublicCitizen  Litigation
                            Group,American  Society Access
                                                   of
    Professionals, scientists-sponsored
                                      Secrecy and
    Government    Project, Transactional
                         the              Records Access
                    the
    Clearinghouse, JamesMadison       Project the FBI
                                             and
    Electronic Public Reading Room, withfileson famous
    individuals historical
               and           eventspreviouslydisclosedunder
    FOIA. lt alsolinksto otherstatesites.
       A useful,recent        to
                      addition Access Beports is its
    onlinenoticeand salestor Litrgatlon
                                      Underthe Federal
    OpenGovernment   Laws($+01.Access Reports also
    describes linksto another
             and                 volumetitledGetting
                                                   and
    Protectng CompetitiveBusn ess lnformatlon ($SS1.
      Search is underconstruction of Oct.9,2003.
                                as
      What's New contains    announcements.
                        latest




6
Basic Questions and Answers about
Hawai'i's Freedom of lnformation Law

                              e"Jll?'lgJif[Xl3[?
Q : whys usig A=l:nJ?Jli":"fJ:,'ii3
       i n-
th F edomof #:'ffi".l'"13t'i1ifi:i ff:ilirt:8?
  e re                    ;:"l,H,Tig:i,
          law
lnformation                                the exactsalaries government
                                                  wererecommended disciplinary
                                           officers
                                                           of
                                                                    for
                                                                                  whichpolice
                                                                         officials,
                                                                                           who
                                                                                    actions,
important?                                 hadobtained
                                           names applicants government andthe resumeof
                                                  of
                                                       state-backed
                                                              for
                                                                   HulaMae mortgages,
                                                                            jobs
                                                                                         the

                                           a citydepartmentheadin the faceof criticism he was
                                                                                      that
                                           unqualified the position.a
                                                     for
                                                                                     to
                                              Thus, Freedom lnformation is needed ensure
                                                    the         of         law
                                           thatthepublic       is
                                                        interest beingprotected. Legislature
                                                                               The
                                           declared 1989lawwas based threeprinciples:
                                                   the                  on
                                              1. In a democracy, people vested
                                                                the     are  withthe
                                                 ultimate             power.
                                                         decision-making
                                             2. Government       existto aidthe people the
                                                          agencies                   in
                                                formation conduct
                                                        and      of publicpolicy.
                                             3. Opening the government
                                                        up                processes public
                                                                                    to
                                                       and
                                                scrutiny   participation the onlyviable
                                                                       is              and
                                                reasonablemethodof protecting public's
                                                                              the       interest.
                                             Building thesethreeprinciples, Legislature
                                                    on                   the         then
                                           declared policies
                                                  two                     the
                                                           that over-arched 1989law:
                                              1. lt is the policy thisStatethatthe formation
                                                                 of                          and
                                                 conduct   of public policy-the discussions,
                                                 deliberations, decisions, action government
                                                                           and       of
                                                 agencies-shall conducted openly possible.
                                                                    be           as      as
                                             2. The policy conducting
                                                          of             government         as
                                                                                     business
                                                openly possible
                                                      as         mustbe tempered theby
                                                recognition the rightof the people privacy
                                                          of                      to      as
                                                contained the two sections Article of the State
                                                         in                 of       I
                                                Constitution.
                                             Based theseprinciples declared
                                                    on              and        policies,
                                                                                      the
                                           Legislature mandated the underlying
                                                     then         that           purposes
                                                                              law
                                           and policies the Freedom lnformation included:
                                                      of           of
3Ouotedby Allison Lynde in Repoft ol the                        interest disclosure;
                                              1. Promoting public
                                                         the           in
Governor's Committee on Pub/ic Records
and Pnuacy, Vol. I at 47 (December
1987).                                                  governmental
                                             2. Enhancing                        through
                                                                      accountability    a
o/d.                                                  policyof accessto government
                                                general                          records;
                                                                                                  7
                                                    the
                                        3. Balancing individual         interest the
                                                                  privacy      and
                                           public
                                                access         allowing
                                                        interest,       accessunlessit
                                           wouldconstitute clearly
                                                          a        unwarrantedinvasion of
                                                  privacy.
                                           personal
                                        The 1989lawalsomakes         stateandlocalagencies
                                     accountable the public other
                                                  to            in       waysfor information
                                     disclosure policies practices.
                                                         and             While lawdoesnot
                                                                              the
                                     grant absolute
                                           an           rightto examine   government  records, it
                                     provides rightto request
                                              a                   records to receive
                                                                          and            a
                                     response the request.No reason
                                               to                          needs be givenwhy
                                                                                  to
                                     the record beingsought.lf a requested
                                                is                               recordcannotbe
                                     released, requesters entitled a reason the denial.
                                                           are          to          for
                                     And requesters                         the
                                                      havea right appeal denial
                                                                   to                   and,if
                                                 to
                                     necessary, challenge     it in court.Thus, maintenance
                                                                                the
                                     and disclosure stateand localinformation
                                                     of                            cannotbe
                                     controlled arbitrary unreviewable
                                                by          and                actions.
                                        In addition, prevent
                                                    to         secretgovernment recordkeeping
                                     on individuals groups-suchas occurred
                                                   and                           priorto the
                                     warrant-lessseizure               of
                                                          and round-up Hawai'i's   Japanese
                                     American citizens resident
                                                       and          aliensduringWorldWar ll-
                                     lawmakers  required that stateand city/countyrecords must
                                     be compiled a report
                                                 in         thatis madepublic.s Thishuge
                                              called Records
                                     directory,      the           Report        is
                                                                         System, unique
sHew.
                                     among                       lt
                                            stategovernments. is discussed    beginning  on
                         (c)
     Rev.Snr. $ 92F-18(b), (Supp.
1990).                               page25 of this booklet.


Q: whocan                            A : ilf, and corporations. !Hi'"",."
                                                iHi$?'.:"":il#:l:'3
                                           l,,fl":i
                                                to
                                     nonresident,
                                                                    "'
make a fequest?

                   - The law applies to recordsheld by a broad range of
Q:   whatpart      i governmental unitsin Hawai'i. Those unitsare

of governmentcoveredby a definition "agency" includes the
                Legislature the Judiciary.
                         and
                                     of         which
                                            The definition
                                                               both
                                                          reads:
is coveredby                            "Agency"means any unit of governmentin this State,any
                                        county,or any combinationof counties;department;institution;
Hawai'i's                               board;commission;           council;bureau;office;governing
                                                            district;
                                                 other instrumentality state or county government;
Freedom of                              authority;
                                                      or
                                                                      of
                                        or corporation other establishment   owned, operated,or

lnformationlaw?                         managedby or on behalf of this State or any county,but does
                                        not includethe nonadministrative functions the court of this
                                                                                  ol
                                        State.6

                                       The law appliesto recordsheldby stateand local
                                     governmentagencies the executive
                                                         in                    the
                                                                       branch, city/
6Hrw.Rev.Srrr. $ 92F-3(Supp.1990).        councils, administrative
                                     county        the              functions the state-
                                                                             of
I
                              widecourtsandto all records the stateLegislature
                                                        of
                                   thosespecifically
                              except                exempted underthe law.
                                                                           to
                                 The lawalsoapplies anyassociation counties,
                                                   to            of
                              any "instrumentality     or               to
                                                             government," any
                                               of state county
                              "corporation otherestablishment
                                         or                owned,operated,or
                              managed or on behalf thisState anycounty."7
                                       by           of       or
                                 The law doesnotapply the nonadministrative
                                                        to
                              functions the Judiciary.
                                       of               These excluded as "to
                                                             are         so
                              preserve current
                                      the                         broadaccessto
                                                  practice granting
                                                          of
                              the records courtproceedings. records the
                                          of                  The        of
                              Judiciarywhichwillbe affected thisbillare the
                                                            by
7/d                           administrative records'"8
sConlerenceCommitteeR
onH.B.                   r_
           ,**33iir)lSiuut
      No.2002,                  The law also does not applyto recordsheld by the U.S.
erg(rgae).                    government thoseheldby private
                                        or                      companies individuals.
                                                                          or


                                Records Are
                        Government    that
                        'Unambiguously'
                                   Disclosable
       list
    This includes:
            of        substantive ofgeneral
    1. Rules procedure,        rules                       ofgeneral
                                                    statements
                                          applicability,
       policy, interpretations
            and           ofgeneral        adopted theagency;
                                  applicability by
                                         ofcases;
           opinions orders intheadjudication
    2. Final      and   made
             of
    3. Minutes allagency      required law bepublic,information in
                       meetings     by to                 contained
                from        minutes, orsummarya proceeding to
       orcompiled a transcript,   report         of        open
              and        collected maintained purposeinforming
       thepublic information    and         forthe     of      the
            public;
       general
    4. Land            and records;
                 transfer lien
          ownership,
    5. Rosters persons
            of                          granted anagency
                          licenses permits
                    holding     and           by
            of          tests;
    6. Results environmental
                           aswell
    7. Pardons commutations, asdirectory
              and                                        an
                                                  concerning
                                          information
               presenceany
       individual's               facility;
                     at correctional
    8. Much information        government
                      concerning                             certified
                                         purchasing bidresults,
                                                   and
             record public
       payroll     on    works       contract and
                              contracts,                   name,
                                            hires consultants,
       address, occupation person
              and         ofany     borrowing from loan
                                            funds a     program,and
                    ongovernment
       theinformation                                     ofsome-but
                                       including compensation
                              employees,       the
       notall<f them.

                                                                                    I
 Q: whatktnds!{r . All thegovernmentduplicating be opento public
                A
                      inspection,
                                       records to
                                copying,
                                              are
                                                  duringbusiness
 of information hours-with certainexceptions.s

 canbe obtatned?  Government  record means
                                            ...information
                                                         maintained an agency written,
                                                                   by        in      auditory,
                                            visual,                physical
                                                   electronic, other
                                                            or           form.10
                                            Thus,a requester seeka printed typed
                                                             may               or
                                         document, recording,
                                                   tape          map,computer   printout,
                                         computer tapeor a similar
                                                                 item.Theformin whicha record
                                         is maintained an agency
                                                     by            doesnot affectits availability.
                                            The law generally  provides a requester
                                                                        that           mayaskfor
                                         recordsrather  thaninformation.  This meansthat an
                                         agency required lookonlyfor an existing
                                                is          to                        recordor
                                         document response a request. agency not
                                                   in           to           An         is
                                         required collect
                                                 to        informationdoesnot have. Normust
                                                                       it
                                         an agencydo research analyze
                                                                 or        datafor a requester.
                                         And an agencyis not obliged createa new record
                                                                      to                    that
                                         summarizes compiles holdings.
                                                      or          its
                                             Thisdefinition     muchof the information
                                                           covers                     collected
                                         by Hawai'i'sstateand localgovernments individuals
                                                                              from
eHew. Rev.Snr. g 92F-1 (Supp.1990).
                        1
                                         andbusinesses. example, Legislature
                                                          For        the           declared
1oHew. REv.Srar. g 92F-3 (Supp.1990).    somerecords  as  "unambiguously
                                                                       requiringdisclosure,"
rlConferenceCommitteeReport112-88
on H.B. No.2002, HouseJournal,
                                         evenif doingso involved invasion personal
                                                                 an       of          privacy
                                                                                            or
                                at817-
819 (1988);see listingin Haw.Rev.Smr.    a frustration legitimate
                                                     of         government purpose.ll(Seebox
$ 92F (Supp.1990).
                                         on page9.)



                    The law doesnotspecify timelimitwithin
                                          the
Q:   HowquicklyA , the agencymustrespond the request.Butwhich
               Flr                         to              a time
willtheagency limitofperiodsforincluded administrative or of
               longer
                     10 daysis        in
                               exceptional
                                         cases.
                                                    rules

respond?

                                            , Although Hawai'i's encourages
                                                               law           disclosure
                                                                                      of
Q: Onwhat                                   r government  records, alsorecognizes legitimate
                                                                 it             the
grounds an
       can                               needto restrict
                                                       disclosure someinformation.
                                                                of

agencydeny                                 A request an agency public
                                                    to
                                         maybe denied it fallswithin
                                                      if
                                                                  for      access a record
                                                                                   to
                                                                    any of five exemptions(or
a request?                               exceptions) the general requiring
                                                  to
                                         government
                                                                 rule
                                                   records.(Seebox,opposite
                                                                               disclosure all
                                                                                page.)
                                                                                        of

/0
                                             Theseexemptions,however, not to be usedto close
                                                                    are
                                          records wereavailable the publicbefore
                                                 that            to              mid-1988,
                                                       indicated.l2
                                          the Legislature
                                            Beforediscussion the fiveexemptions, general
                                                           of                 five
                                          points
                                               needto be made.
lzOonference  CommiteeReport112-88            1. The statute                            of
                                                             doesnotprohbitthe releasing records
on H.B. 2OO2,  House Journalat 817-819                                             the
                                                                            lnstead, statute
(1988). This important           on
                        Passage 'The
                                                 in the exempted categories.
exceptionsto publicaccess reads:                 simply  permitsthe           of
                                                                   withholding records falling
recoids which will not be requiredto be
disclosed underSection-13 are records                   the
                                                 under fiveProvisions.
whichare currently  unavailable. is not
                                  lt
the intentof the Legislaturethat this
section be used to close currently                   Putanother way,under theseexemptions,  an
availablerecords,even though these               agency   maywithhold exempted
                                                                     the          record.But it is
recordsmioht fit within one of the
categoriesif this section."                      notalways  required do so.
                                                                    to



                                           tothe
                                   Exemptions
                                         Requirement
                                Open-Records
          are                 recordsthepublic:
    Agencies notrequiredrelease
                      to           to
                 would      "aclearly
    1. lf disclosure constitute     unwarranted              privacy"l3
                                               invasionpersonal
                                                     of              or
                 would
    2. lfdisclosure cause'lhe                     government
                             frustration legitimate
                                     ofa                          or
                                                          function"l4
    3. lf disclosure                                       of state
                 isprotected"state federal including order any
                            by     or       law,     an              or
       federal or
              court"
                  pertain
    4. lftherecords      to'lheprosecution       of judicial quasi'judicial
                                          ordefenseany    or
       action which State any
             to      the     or county ormay a party, theextent such
                                         is     be     to       that
       records notbediscoverable"l5
               would                  or
     S. lf records "inchoate draft
                 are      and                          committees
                                       papers legislative
                                 working    of                   including
        budget worksheets unfiled
                       and              reports; product;
                                committee     work              or
                                                         records tran-
              of           committee legislature areclosed rules
        scripts aninvestigating    ofthe         which         by
        adopted pursuantsection and personal ofmembers thelegisla-
                      to      21-4 the        files         of
         ture.'16
            Buteven    restrictions permissive-that agency nolrequiredlo
                   these         are             is,an      is
               records under
         disclose    falling   these         Conversely, provisionsnot
                                     provisions,       these     do
                  agency releasing records.
         prohibitthe from          the
     13Hrw.  Sur. $ 92F-13(1)
          Rev.                (Supp.1990).
     laHnw.  Srm. $ 92F-13(3)
          REv.                (Supp. 1990).
     1sHrw.  Srar. $ 92F-13(2)
          REv.                (Supp. 1990).
     16Hrw.                   (Supp. 1990).
             Srnr. $ 92F-'13(5)
          REv.



                                                                                                //
                                                Forexample, budget
                                                            a                 -
                                                                    worksheet whichis
                                             specifically as an exempted
                                                       listed                     -
                                                                           record couldbe
                                             disclosed the Legislature,
                                                     by                perhaps        no
                                                                                because
                                             harmwouldresult  fromdisclosure because
                                                                           or        some
                                             goodmight result.
                                          2. Whena record containssomeinformationthat
                                             qualifies exempt, entire
                                                     as       the      record not
                                                                             is
                                             necessarilyexempt.The lawspecifically
                                                                                allowsfor
                                             the"segregating disclosable
                                                           of           records."17
                                              Thus,  afterdeletion the non-disclosable
                                                                  of
                                            portions, agency
                                                     the        muststillprovide record.
                                                                                the
                                            Thisis a veryimportant requirementbecause
                                                                                    it
                                            prevents agency
                                                     an        fromwithholding entire
                                                                               an
                                            document  simply         one
                                                            because lineor onepageis
                                            exempt.
                                          3. Theagency  cannotdenyrecords because the
                                                                                  of
                                                                  - nor needthe requester
                                             identity the requester
                                                    of
                                             givehisor hername.
                                          4.Theagency      denymostrecords controls
                                                      cannot               it
                                                                  purpose seeking
                                            because the requester's
                                                   of                   in        the
                                            information. explaining purpose
                                                       But        the        voluntarily
                                            maybenefit requester.
                                                      the
                                          5. The agencymay not denyaccessto records
                                                                                  it
                                             controls
                                                    because information available
                                                           the          is
                                                      from
                                             elsewhere a nonpublic  source.
                                                         -             -
                                       Thefiveexemptions or exceptions to the general
                                                                                    rule
                                       thatall government     are
                                                        records accessible the public
                                                                           to        are
                                       nowdiscussed they relateto the Freedom Information
                                                     as                       of
'17Hrw.Rev.Srar.ge2F-42(i3)(supp.iseo). Part ll of Hawai'i's
                              section in                     law.


                                                   permits withholdins
                                       This exemption
                                          first         the         of
EXemptiOn                         I
                                         ... government
                                                      recordswhich, if disclosed,would constitute
Clearly                                  clearlyunwarrantedinvasionof personalprivacy.ls
                                                                                                 a


Unwarrantedbetween individual's agenciestoandthepublic's
               Thisexemption
                       an
                              requires
                                  rightof privacy
                                                  strike balance
                                                        a
Invasion    rightto know. But,sinceonlya clearlyunwarranted
of Personal exemption perceptible in favorof disclosure.is in this
            invasion privacy a basisfor withholding,
                      of
                        a
                              is
                                   tilt
                                                       there

Privacy        It is thisexemption has created
                                 that            muchnewsin
                                       recentyearswhenKa Leo O Hawaifpublished names
                                                                             the
18Haw.                                          professors were foundto haveviolated
                        (Supp.1990).
    Bev.Srrr. $ 92F-13(1)              of several        who                       the
/2
                                               University Hawai'i
                                                        of      policy sexual
                                                                      on     harassment then
                                                                                        and
                                                        union
                                               thefaculty                 publication additional
                                                             suedto prevent         of
                                               names.
                                                   Later, unionsrepresenting
                                                         the                      policeofficers other
                                                                                               and
                                               government   employees   wentto courtandto the state
                                                           to
                                               Legislature block    disclosure the identities their
                                                                               of             of
                                               members hadbeensuspended firedfor
                                                         who                        or
                                               employment-related    miscond uct.
                                                   In '1995 Legislature
                                                           the             decided the identity a
                                                                                   that              of
                                               county  police       who is terminated be disclosed
                                                              officer                  may                to
                                               the public,thusoverriding  the significantprivacyinterest  of
                                               the individual.le for an officer
                                                                 But              who is suspended, orhis
                                               hersignificant  privacyinterestoverrides disclosure his or
                                                                                                    of
                                               heridentity the public,
                                                           to                         that
                                                                         thuskeeping information
                                               secret.  The measure   also requireseachcounty   police  chief
                                               to submit annual
                                                         an         report the legislature
                                                                           to               that
                                               summarizes   incidents of policeofficermisconduct,   indicates
                                               the disciplinary actionimposed, the number officers
                                                                                and              of
                                                           or
                                               suspended discharged       for malicious of force,
                                                                                       use
                                               mistreatment prisoners,
                                                              of           drugabuse, cowardice.2o
                                                                                       and
                                                  In 1997,        citinga Hawaii
                                                           however,             Supreme  Court
                                                       OIP heldthatthe identifies police
                                               decision,                        of     officers
                                                          for
                                               suspended misconduct    weredisclosable.2l         of
                                                                                         ldentifies
                                               othergovernment employees            or
                                                                          suspended discharged
                                               because work-related
                                                       of                       and
                                                                     misconduct information   about
                                               theirmisconduct already
                                                              had         beendisclosableunderthe
                                               statute.22
                                                 Onepurpose passing law,the Legislature
                                                              in  the
                                               declared, that
                                                      is
                                                  ...the policy conducting
                                                               of           government business openlyas
                                                                                               as
                                                  possible  mustbe tempered a recognition the rightol the
                                                                             by             of
                                                  people privacy, embodied section andsection of
                                                          to        as          in        6          7
                                                  Article of the Constitution the Stateof Hawai'i.23
                                                          I                 of
                                                                                        reads:
                                                  Section of ArticleI of the Constitution
                                                        7
                                                  The rightol the people to be secure in their persons,houses,
                                                  papersand effects against unreasonable    searches,seizures
                                                  and invasionsof privacy shall not be violated;and no warrant
                                                  shall issue but upon probable cause, supportedby oath or
                                                  affirmation,and particularlydescribing the placeto be
, s s B ,1 7 1s . D . 1 ,H .D .1 ,C .D . 1 ,
      .       ,                                   searchedand the persons or things to be seizedor the
Conference    Committee     Report   81.
                                                  communications   sought to be intercepted.24
nld
2lOlPOoinionLetterNo. 97-1.
zHnw. Rev.Srer.5 92F-14(Supp.1992).
                                                  Section of ArticleI reads:
                                                        6
23Haw.
     Rev.Srer. 5 92F-2(Supp.1990).                The rightof the people to privacy is recognizedand shall not
2aHrw.
     Cor.rst., 1, 57.
            Art.                                  be infringedwithout the showing of a compelling state interest.
                                                                                                                    /3
                                 The legislature
                                               shall take affirmative
                                                                    stepsto implementthis
                                 rioht."2s-

                                                             aspects, proposed
                                 f"nirr".tion's privacy-related     as         by
                              the 1978 ConstitutionalConvention,focused government
                                                                       on
                              authority criminal
                                       in         casesthatinvolvedwiretapping
                                                                             and
                                      ic      I
                              electron surveilance.
                                 I-heLegislature, passingthe lawin 1988,
                                                in                     included
                              considerable                     in
                                         detail thisexemption the statute in
                                              on                          and
                              committeereports.
                                            provide four-point
                                 fhesedetails       a          slidingscalefor
                              measuring competing
                                       the                  although official
                                                    interests,        the
                              languageemploys morestandard
                                              the              "balancing test"
                              metaphor. sliding
                                       The             as          in
                                                  scale, specified the Legislature's
                              language,
                                      is:
                                                     privacy
                                 l. lf the individual's     interest not "significant,"
                                                                   is               a
6Hrw.corusr.,Arr.1,                 scintilla public
                                             of      interest disclosure preclude
                                                            in         will         a
           s6.
sconferencecommitreeReporrl.r2-88on
                                 finding of a clearly unwarranted invasion of personal
3;?;H, :iY';:;!f;\l:i,?3?i51[r privacy.26
    ?i"?


     Examples Significant-Privacy-lnterest
           of                        Information
  '1.    psychiatric
    Medical,    orpsychological diagnosis,
                          history,            treatment
                                       condition,   orevaluation;
  2,Aninvestigation possible
               intoa     violationcriminal
                                of      law;
            for
  3.Eligibilitysocial    or
                   serviceswelfare
                                benefits;
  4.Anagency'spersonnel orapplications,
                    file,           nominations,       orproposals
                                             recommendations
    forpublic       orappointmentgovernment
           employment           toa         position;
               nongovernmental
  5.Anindividual's         employment "except necessary
                                    history    as         todemon-
                                         government
         compliance requirements particular
    strate        with       fora                 position;
  6."An         finances,
       individual's     income,    liabilities,worth, balances,
                             assets,        net    bank     financial
    history activities,
         or               worthiness;
                    orcredit
  7.Aninquiry fitness grantingretaining
           into     for      or       a license,  "the
                                              except record any
                                                          of
    proceeding
            resulting discipline licensee thegrounds discipline"
                   inthe        ofa       and        for      and
    "the
       record complaints
            of         including
                              alldispositions;"
  8.A personal
            recommendation
                     orevaluation.


/4
                                               2. Disclosure a government
                                                             of            recordshallnotconstitute
                                                          unwarranted
                                                  a clearly           invasion personal
                                                                             of         privacy
                                                                                              if
                                                  the public       in         outweighs privacy
                                                            interest disclosure        the
                                                  interest the individual.2T
                                                         of
                                               3. Should                the
                                                                  arise, Legislature
                                                        any dispute                 also
                                                  included following "a clearlegislative
                                                         the        as
                                                  expression intent"28:
                                                           of
                                                                             interest found, privacy
                                                                       privacy
                                                        Oncea significant           is      the
                                                        interest be balanced
                                                              will          against public
                                                                                  the             in
                                                                                           interest
                                                        disclosure.2s

                                               4. Morespecifically, Legislature
                                                                   the                  in
                                                                               included the
                                                  statute listof "examples information whichthe
                                                         a               of           in
                                                            has
                                                  individual a significantprivacy          (See
                                                                                 interest."3o
                                                  box on previous page.)
                                                          the            examples a growing
                                               Supplementing Legislature's       is
                                            number OIP opinions are regularly
                                                  of           that          applyingthis
                                                                               as
                                            exemption suchcategories information home
                                                     to             of
                                            telephone      of                   of
                                                                       regardless status
                                                     numbers individuals                or
                                            occupation.
                                                        if         is     to
                                               Moreover, an agency unable determine       a
                                                                                    whether
                                                    number
                                            telephone      applies an individual's
                                                                  to                   or
                                                                                business
                                                                              that
                                            residence, the agency to withhold information
                                                     then           is
                                            frompublicinspection.3l
                                                Examples records OIPdecided
                                                          of        that           wereclosed
                                                                                   exemption
                                            because the significant-privacy-interest
                                                     of
                                            include            to           graduate
                                                    applications a university         program;
                                            identities the subjects
                                                      of                         in Ethics
                                                                    and requesters
                                            Commission   opinions; county's
                                                                  a        mailing of senior
                                                                                  list
                                            citizens; addresses telephone
                                                     the           and         numbers a in
                                            computerized  database.32
                                                ln the past,the rightof privacy generallyattachedonly
27Haw. Rev.Srer. $ 92F-14(Supp.1990).       to livinghumanbeings    and  it disappeared the deathof
                                                                                      with
aConlerenceCommittee    Reoort112-BB
H.B. No. 2002, HouseJoumalat 817-819
                                       on   the individual,                               And
                                                            according courtdecisions.33 OIP has
                                                                      to
(1s88).                                     decided  that the photograph a deceased
                                                                           of           former
n/d.
                                            government   employee   mustbe disclosed  because  "an
oHrw. Rw. Srnr. 92F-14(b)   (Supp.1990)
                 $
3tOlPOpinionLetterNo. 90-35 (December       individual'sprivacy  interests expireuponthe individual's
17,1990).                                   death."3a
32OlPOpinion LettersNos. 95-10, 96-2,
99-6, 93-16 respectively.
$Harold L. Nelsonand DwightL. Teeter,Jr
                                               Butthis notionmaybe changing. Federal rulesin 2001
 The Law ol Mass Communications at 167      beganto recognize privacy
                                                              "a      interestin protected
                                                                                         health
(1s7B).                                                                    death."35
sOlP OpinionLetterNo. 97-2 (May 18,
                                            informationfollowing individual's
                                                               an
1990).
swww.state.hi.                                 Partlll of the law- on Disclosing
                                                                               Personal Records-
              us/oip/guidanceaud itor.
pdf, accessed Oct. 9, 2003.                                          of
                                            alsoregulates release records
                                                           the                onlyto individuals
                                                                                                       /5
                                            aboutwhomthe records  pertain.Thesetwo Partsof the
                                            law overlap someextent, thereis no inconsistency.
                                                        to          but
                                            lndividuals
                                                      seekingrecordsabout themselves   shouldcite
                                            bothlawswhenmaking request.
                                                                 a         Citing bothlawsensures
                                            thatthe maximum        of
                                                            amount disclosable    information be
                                                                                            will
                                            released. Records canbe denied an individual
                                                             that              to
                                            underPartlll maynotnecessarily exempt
                                                                          be          underthe
                                            Freedom Information
                                                     of          segment Partll. (Seepage30.)
                                                                         in



                            Examples Frustration
                                     of
                       of Legitimate       Function
                                  Government
                   gave
        TheLegislature thefollowing
                                 examplesrecords need bedisclosed
                                       of      that not        if
            would
     disclosure frustrate        government
                        a legitimate     function:
     1.Those     for           purposes;
           compiled lawenforcement
     2.Those toadminister
            used        anexamination might
                                  which                   fairness
                                          compromisevalidity,
                                                 the            or
        objectivity examination;
                ofthe
     3.Those
           which      raise
                 would thecost government
                                of          procurements a manifestly
                                                      orgive      unfair
        advantage persons
                toany       proposingenter a contract agreement an
                                   to     into       or      with
        agency,
             including        pertaining
                     information      tocollective
                                                bargaining;
           pertaining property consideration
     4.Those       toreal   under               public
                                        forfuture    acquisition;
     5.Those        administrative
            containing        ortechnicalinformation,
                                                  including      operating
                                                         software,
        protocols employee
               and               which, disclosed, jeopardize security a
                          manuals,    if        would         the      of
                  g system
        record-keepin ;
     6.Those        proprietary
            containing      information, asresearch
                                      such         methods,
                                                          records data,
                                                                and
               programs software other
        computer       and       and        of
                                        types information
                                                       manufactured
                                                                 or mar-
        keted persons exclusive right,
            by       under       legal        by
                                         owned anagency entrustedit;
                                                        or        to
     7.Those       trade
           containing secrets confidential
                           or         commercial financial
                                             and        information;
          library,
     8.Some           or
                archivalmuseum
                             material             persons;and
                                           byprivate
                                   contributed
     9.Those        made
            expressly nondisclosable
                                orconfidential state federal orpro-
                                           under or       law
        tected judicial
             by      rule.36
     sSenate Standing.Commi{eeReport No. 2580 on H. B. No. 2002, Senate
                                                                        Journa/at 1093-1095;this section ol this report is
     referenced Conference
               in         Committee  Report1t2-88 on H.B. No.2002 (1988).




/6
Fr 9ryption 2 If ;;"Tiliilt$fi:Ji,n*T;ii
       or
Judicial      or'-
                                  i:l?Jll[':1::1Jff
Quasi-JudicialGovernment pertaining theto whichtheStateor any
                         records
                                  judicial
                                           to
                                          action
                                                 prosecution defense
                                                           or
                                                of any judicial quasi-judicial
                                                              or            actionto
ActionInvolving wouldor may;:il'$: the extentthatsuchrecords
                ::311,'[.:?ilff
                     is
                county      be a party,to
                     not discoverable.3T
                        be
the       State          Of a
County                                         The Legislature
                                             explanatory.38
                                                                    this      as
                                                            described exemption self-

37Hnw. REv.                 (Supp.1990).
            Srrr. $ 92F-13(2)
sOonference Committee       1
                       Reoort 12-88on H.B.
No. 2002, HouseJoumalat 817-81 (1988).
                               I



EXgmptiOn                                           exceptionthegeneral thatallrecords
                                             Thethird      to         rule           are
                                     3
                                                                  that raw not
                                                            specifiesthe sharr require
                                                         open
Frustralion                  of              :f;:l?:lo,,o"
Leg       itimate                                      records by    nature, beconfidential
                                                Governmenr thar, their    must
                                                                                ora
                                                                       therrustration
Government                                      iU'i,ffi'f""Ll"?:,,'T:'il1"#,ff.",'o
l-           r'

FUnCIIOn                                     (See atleft.)
                                                box
                                                         of        that
                                                Examples records OIP decided     wereclosed
                                                     of
                                             because the frustration-of-government-function
                                             exemption       the            of
                                                       include Department Education's  release
                                                                                             of
                                             information                         reports;
                                                        contained FBIidentification
                                                                in                      the
                                             identity a
                                                    of  person           to
                                                              complaining the Department of
sHnw. srer. e2F-13(3)
    REv. g        (supp.                     Healthabout allegedviolationsof state law; and the
1es0)'                                       videotapedconfession Grace lmura-Kotaniin a police
                                                                     of
                      -
             *o's2-23'ss'7'
;r9%?J$L"Jl'|3;""                            cellblockand her final statementmade before her suicide.m



EXgmptiOn                            4       The     exemption general that records
                                                fourth      to the  rule all      are
protectbd
                                                                        that raw not
                                                                  specifiesthe sharr require
                                                               open
                            f rom            :i:;:ff:1,,0"
D i SC IOS U f e by                                    records  pursuantsrare rederat
                                                Government which,     to    or     taw
I                  n    _       i               includingan order of any state or {ederal court, are protected
LaW         Of UOUru                            fromdisctosure.al
Order                                           The Legislature
                                                              describedthis exemptionas self-
                                             explanatory.42

                                                In 1992, this relatedprovisionwas added:

.Haw Sur
     Rev ge2F.13(+)(sup1    rse')
€Conference
H.8.2002,
                  Reoort112-88on
          Committee
                                 .
                                     ",lll]j;.'jil;fl;il1jJ[";j"j",ffiifii|?:n"YJ::",,"".
                                     agency to lose or be denied funding,services,or other
         HouseJournal"-r'al)-81911gl'Bf

                                                                                                                 /7
                                  assistance thefederal
                                            from          government,compliance that
                                                                              with
                                  provision
                                          shallbe waivedbutonlyto theextentnecessary
                                                                                   to
                                  protect
                                        eligibility federal
                                                 for      funding,
                                                                 services, other
                                                                         or
€Hrw.REv.
        STAT.92F-4(Supp.
                       2002).     assistance.a3
           $




EXemptiOn                          fifth
                                The exemption general that records
                                           tothe   rule all      are
                           5
Relati tothe-ffi:il::
   ns               fiJ.-"'ffH?::
                             Hll'"::il1nilffiiffil:,
Leg iSlatU fethe shall
                law                           require
                                            not    disclosure
                                                          of:
                                 Inchoate draftworking
                                          and            papers legislative
                                                                of           committees
                                 includingbudget worksheets unliled
                                                           and       committee  reports;
                                 workproduct;        or
                                               records transcripts an investigating
                                                                 of
                                 committee the legislature
                                            of            whichareclosed rulesadopted
                                                                           by
                                 pursuant section
                                          to       21-4andthe personal filesof membersof
                                 the legislature.e

                                 Section21-4reters procedures
                                                 to         usedby investigating
€Hrw. Srnr. e2F-13(5)
    Rev.  g        (Supp.
                       19so). COmmitteeS tO adOpt fUleS.




/8
Making the Request
                                                   requesting
                                          Individuals                  underPartll, or the
                                                             information
                                                  of           part,            to
                                          Freedom Information do so by asking obtain       a
                                          government record.
                                            Foran overview manygovernment
                                                          of                      on
                                                                           records which
                                          OIPhasalreadyissued        see
                                                              opinions,  pages34-35for the
                                          summary opinion
                                                 of             since1989.
                                                          letters



s!ep. 1                                                 ;j:ffi::"J,5:o""recordsis
                                          lH'ff:"5J:ffiil1
ldentifying                                      is       government
                                            There nocentrar      records that
                                                                       ofrice
the        PfOpef                                           each
                                                       Within agency,
                                                requests.
                                          services                   queries best
                                                                           may
 A rrnr-\,^\,                                       to
                                          be dlrected the lowestlevel thatholds,
                                                                               compiles and
/1V(Jl luy                                maintains record,
                                                   the        suchas a branch       a
                                                                              within state
                                          department. A copyof any writtencorrespondence may
                                          alsobe sentto the headof that department to the
                                                                                  and
                                          Office Information
                                                of           Practices (OlP),
                                                                            discussed below.
                                              Often,a requester  knowsbeforehand  whichagencyhas
                                          the desired records.lf so, requestsmay be madeby
                                                     that
                                          contacting agency consulting
                                                                  by                the
                                                                              either statelisting
                                          or city/countylisting the localtelephone
                                                               in                  directory in the
                                                                                             or
                                                                                           which is
                                          Directory of State, Countyand Federal Offr'cn/s.4s
                                          online www.state.hi.us/lrb/capitoli/dirguide.
                                                 at:                                    Those
                                          unable locate righttelephone
                                                  to       the               number  maytelephone
                                          the stateswitchboard (808)586-2211.
                                                                 at
                                                          helpin finding rightstateagency
                                              Ihose needing            the               may
                                          telephone stateOffice lnformation (808)586-0221.
                                                    the          of         at
                                            l-hose                   the             in
                                                        helpin finding rightcityagency
                                                  needing
                                                 maytelephone
                                          Honolulu           (808)523-2489.
                                                                               has
                                                         unfamiliar whichagency the
                                            Or a requester       with
                                                record
                                          desired     mayalsoconsult government
                                                                    a         directory
6rhdrectory perH",x,x.
     s          ssub,shed :['J3r'"'1""#::,3r:r€i:7:{:::,{rff{"?^':."tti]:f":i"
by the LegislativeReieren
                     in
sold about atitslibrarythestate
   for  $4                                organization and functions. lt also contains helpful
Capitol (tel. 587-0666).
6This           periodicaily
        ispubrished
    Guide               by                orqanizational chafts of the city/counties and of state
the Leoislativeilelerence'Bureauand i-s
                            """ ""-'"     . "
;;ij r;';ffii$d;ii6 r"#"i                 departments;it is availableonline.


                                                                                                    /9
 Step 2                                   As muchspecific
                                                  in
                                                         information possible
                                          included asking a record.lf known,
                                                          for
                                                                    as      should be
                                                                             includethe
 Specifying                               specific
                                          period
                                                 formnumber,
                                                whenthe record
                                                              issuing
                                                                    agency
                                                                might
                                                                          anddatesor time
                                                                    havebeencreated.
 theDesired                                  Lackingspecifics, might
                                                             one     wantto makean informal
 Record                                   telephone to the agency.Consulting annual
                                                   call                       the       report
                                                                                             of
                                          the agencymayalsoreveal kindsof records
                                                                 the                createdand
                                          maintained thatagency.Annualreports available
                                                    by                          are        at
                                          the agency in the Hawai'ian/Pacific
                                                    or                    Collectionsof
                                          HamiltonLibrary the University Hawai'i Mdnoa.
                                                        at             of       at


                                          The lawdoesnot require requests in writing.yet,
Step 3                                                         that      be
                                          individuals businesses be better making
                                                    or          may       off      their
Contacting                                firstformal
                                                    request writing.
                                                          in

theAgency                                     lf personsmakeoralrequests, are advised keep
                                          a log of the namesof government
                                                                         they
                                                                         employees
                                                                                      to
                                                                                  contacted.
                                          Recording dateof making initial
                                                     the             the      request the gist
                                                                                    and
                                          of the conversation alsoimportant.
                                                             is
                                            Lettersrequesting records be shortandsimple.No
                                                                      can
                                          one needs lawyer makea request.
                                                   a        to               The Appendixes
                                                                                          B
                                          andC contain sample
                                                       a        letter
                                                                     requesting     to
                                                                              access records
                                          underPartll anda request form.
                                            Thereare threebasicelements a request
                                                                      to        letter:
                                            1. A statement therequest being
                                                        that        is             partll;
                                                                           madeunder
                                            2. ldentificationthe records are beingsought,
                                                           of          that             as
                                               specifically possible;
                                                         as
                                            3. The nameand address the requester.4T
                                                                 of
                                            Several
                                                  optional
                                                         itemsmayalsobe included:
                                            1. Thetelephonenumber the requester.
                                                                 of            This
                                               permits agencyemployee
                                                     an              processing request
                                                                               a      to
                                               telephone necessary.
                                                       if
                                            2. A question   aboutfeesthatthe requester   mighthave
                                               to pay. lt is common requesters ask to be
                                                                      for           to
                                               contacted the charges exceed fixedamount.
                                                           if             will      a
                                               Thisoption    allows requester modify withdraw
                                                                    a          to        or
                                               a request the costis too high. Feesfor searching
                                                          if
aTThis the procedurethat is also usetul
       is
for using the federal Freedomof
                                               for or segregating  datafrom records discussed
                                                                                     are         in
lnformationAct.                                administrative discussed
                                                                rules          earlier.

20
   Requesters                            letter
                 keepa copyof theirinitial
            should                            and
      correspondence the request beenfinally
related            until        has
resolved.
    Envelopes           in
                  contain the lowerleft-hand
             should                          corner:
Freedom Information
         of         Request.A lettersentto the office
or branchwithin agency
               an     mightalsobe copied sent
                                          and
            headandto OlP.
to the agency




                                                   2/
 Appealing Agency Denial of Access
                                             Whenever agency denied initial
                                                      an         has      an     request a
                                                                                       for
                                             governmentrecord, requester
                                                               the        maychoose one of two
                                             waysto begina directappeal.Thesetwo waysare
                                             discussedbelow.
                                                 Onewayto appeal agency
                                                                   an        denial a government
                                                                                   to
                                             record to proceed
                                                    is           directly the statecourts.At any time
                                                                        to
                                             within yearsafterthe denial, requesting
                                                   two                      the           individual,
                                             corporation otherlegalentitymaysue the agency
                                                        or                                     to
4Hrw. Rev.Srer. g 92F-'|5(a), (Supp.
                            (b)
1990).                                       compel  disclosure.€ "Theintent the Legislature that
                                                                            of               is
osConference                                 exhaustion administrative
             CommitteeReport112-BB  on                  of               remediesshallnot be required
H.B. No. 20O2,House Journalat 817-819
( 19 8 8 ) .                                 in any appealof a refusal disclose
                                                                     to         records."ae



Option 1     The agencyhasthe burdenof proofto establish
             for nondisclosure.so
                                                       justification

Appealing to     The law permits liberal
                               a       range statecourts which
                                            of           in
a Circuit
       Court the agency maybe sued.slThesuitmaybe brought the
                                                            in
                                             circuit
                                                   courtin whichthe request the record made,
                                                                          for        is
                                                   the
                                             where requested    record maintained, wherethe
                                                                       is         or
                                             agency'sheadquarters situated.s2
                                                                   are
                                                               -
                                                Thiscourtaction and any appealfrom it - may take
                                             precedence the docket
                                                         on         overall casesandshallbe
                                             assigned hearing trialor for argument the
                                                      for       and                  "at
                                                    practicable
                                             earliest         dateand expedited everyway."ss
                                                                               in
                                                  The courtshallhearthe matterde novos- that is,
                                             anewor fromthe beginning.   And it mayexaminethe
                                             requested   governmentrecord behind closeddoors- that
                                                           -
                                             is, in camera to assistin determining  whether or any
                                                                                          it,
sHrw. REv.Srar. g 92F-15(c)
slConference
                              (Supp.1990).   partof it, maybe withheld.ss
               CommitteeReoort112-88on
H.B. No. 2002, HouseJouma/at 817-819
( 1e B 8 ) .                                     lf the partysuingthe agency winsin circuit       the
                                                                                             court,
s2Hew.   REv.Srar. g 92F-15(e)(Supp.1990).   court  "shallassess         the
                                                                  against agency     reasonable
sHaw. REv.Srer. g 92F-15(f)  (Supp.1990).
sHrw. REv.
                                             attorney's and all otherexpenses
                                                         fees                        reasonably incurred
             Srnr. g 92F-15(b)(Supp.1990).
s/d.                                         in the litigation."56
                                                                 ThosefilingFO|-related suitsmust
                                                                                        civil
$Hrw. Flev.  Smr. g 92F-15(d) (Supp.1990).   notify  OIP in writing the timeof the filingso thatthe office
                                                                  at
s7Haw.   Rev.Srnr. g 92F-15.3(Supp.2002).    mayintervene.5T


22
                                           The second                  corporation otherlegal
                                                       way an individual,          or
Option 2                                   entitymayappealan agency   denial a government
                                                                             to            record
Appealingto                                is to proceed
                                           (olP).s8
                                                        directly the Office
                                                               to          of Information
                                                                                        Practices

Officeof                                      To aidthe transition Hawai'i's information-policy
                                                                 to        new
lnformation                                framework, Legislature
                                                     the
                                                    (OlP).
                                                                    created Officeof lnformation
                                                                          the
                                           Practices
Practices                                     Thisofficeis to assist public,
                                                                   the      government  officials
                                           and the newsmediain gaining access official
                                                                              to       records
                                           and in determining specific
                                                              what       kindsof official
                                           informationshould keptconfidential.
                                                              be
                                                                                       in
                                                                    Practices situated Room
                                             ThisOfficeof Information         is
                                           107,No. 1 Capitol      Building, SouthKingStreet,
                                                           District       250
                                           Honolulu,Hawai'i96813.Telephone:   586-1400.  Fax:
                                           586-1412. Email:oip@state.hi.us. warns
                                                                          OIP       thatemailis
                                           nota securemedium.Website:   http://ww.state.hi.us/oip.
                                                                                      is
                                           The Director OlP,appointed the Governor, Leslie
                                                      of              by
                                           Kondo.
                                              OIPis "intended serveinitially the agency
                                                              to            as           which
                                                        and
                                           willcoordinate ensure    implementationthe new
                                                                                  of
                                           recordslaw. ln the longrun,however, Officeis
                                                                              the
                                           intendedto provide place
                                                              a      where public
                                                                          the       can get
                                           assistance records
                                                     on          questions no costandwithina
                                                                         at
                                           reasonable         of
                                                      amount time."5s
                                               OIP periodicallysendsbatches itsformal
                                                                             of         opinionsto
                                           interestedpersons agencies. alsofrequently
                                                              and           lt              updates
                                           and distributes and indexes theseopinions to
                                                          lists           to              and
                                           tablesof casesand of statutes cited. Thesematerials are
                                                    in
                                           compiled redthree-ring   notebooks         "UIPA
                                                                                labeled
                                           Reference Manual."   OIP'sbig redbooksare indispensable
                                           for persons serious about           the
                                                                    following evolution   of
                                           Hawai'i's1989law,buttheyduplicate     OIP'swebsite.
                                              OIP'sreviewof an agencydenialof accessto a
                                           government recordusesthe procedures informal
                                                                               of        dispute
                                                          thanthe moreformalrulesgoverning
                                                     rather
                                           resolution,
                                           contestedcases.60
                                              lf OIP decides record
                                                            the              be
                                                                      should disclosed,   that
$Hnw. REv.Srnr. $ 92F-15.5(Supp.1990).                                              is
                                           Officenotifies requester the agency required
                                                        the          and                       to
ssConlerence Committee Reporl112-88on      release record.An agency
                                                   the                             with
                                                                        dissatisfied OIP's
H.B. No. 2002, House Journalal 817-8 t 9
( 1s 8 8 ) .                               decision "doesnot havethe rightto bringan actionin
eConference CommitteeReport 167 on         CircuitCourtto contest OIP ruling.The legislative
                                                                the
S.B. No. 1799, HouseJourna/at843
(1e89).                                    intent expediency uniformity providing
                                                 for           and           in         access  to
                                                                                                    23
                                                           governmentrecords
                                                                           wouldbe frustrated agencies
                                                                                            by       suing
                                                           eachother."61
                                                                                     -
                                                              In contrast, OIPagrees either
                                                                        if                    completely in part
                                                                                                        or
                                                           - withthe agency's withholding the record,
                                                                                        of            the
                                                           requester to be notified writing the decision,
                                                                    is            in       of             the
                                                           reasons the decision the party's
                                                                   for           and           rightto bringsuitin
                                                           CircuitCourt.62
                                                              OIP'srulings opinions admissible court.63
                                                                         and      are        in
                                                              The 1998Legislature    amended    Chapter  92F in several
                                                           significant ways. First, person
                                                                                   a          who filesa civillawsuit that
                                                           affects Chapter required notifyOIP at the time of
                                                                   this         is          to
                                                           thefiling; OIP mayintervene the action.sSecond,
                                                                                         in                        for
                                                           administrative  purposes, was moved
                                                                                     OIP              fromthe
                                                           Department Attorney
                                                                         of                   and
                                                                                   General was established a        as
6lConferenceCommitleeBeport 167 on                         temporary for a special
                                                                       unit             purpose  withinthe Office the
                                                                                                                   of
S.B. No. 1799, HouseJournalaI843
(1e89).                                                    Lieutenant   Governor.65Third,  OIP'spowers   and duties
62Hew.    Rsv.Srer. S 92F-1        5.5(b)(Supp.1990).      wereexpanded that it takesactionto oversee
                                                                            so                                 that state
BHew.Rev.Srer. 92F-15(b)                   (Supp.1990).
                         $
u H . B . 2 7 7 4 ,S . D . 1 ; S S C R2 8 5 5 .
                                                           andcounty    boards comply withHawai'i's   open-meeting    law
sS 92F-41 was amended by Seclion 4 ol
                                                           - the so-called  Sunshine  Law. OIP is to receive    and
s . B . 2 9 8 3 ,S . D .2 , H . D .2 , C . D . 1 , C C R
121.
                                                           resolve  complaints, advise government
                                                                                       all             boards   andthe
sThis expansionof powers and duties is                     public aboutcompliance the Sunshine
                                                                                     with               Lawand report
detailed in Sections2 and 5 of S.B. 2983,
s . D . 2 , H . D . 2 , . D .1 , C C R 1 2 1 .T h e
                      C
                                                           annually the Legislature all complaints
                                                                     to               on                 received.66
specific portion of the Sunshine Law that
OIP is to administer Part I ol H.R.S.
                               is
                                                           Thesechanges     weresigned   intolaw. The FOl portion    of
Chapter 92.                                                Chapter was unamended lateryears.
                                                                     92F                   in




24
Eying the Records Report System
                                                  Hawai'i's                              law
                                                            1988Freedom lnformation carries
                                                                          of                       one
                                                  otherimportant           - one urgedby citizens
                                                                   provision                      to
                                                  eliminate secret recordkeeping on individuals groups
                                                                                              and
                                                  by stateand local  governments.6T provision
                                                                                    This         requires
                                                  stateandcity/county  agencies disclose the public
                                                                                to         to          and
                                                  to the Officeof lnformationPractices existence their
                                                                                       the          of
                                                                   -
                                                  typesof records and to citetheirlegalauthority   for
                                                  maintaining record
                                                               each       type. Whenenacted,   this
                                                  provision Hawai'i's was the mostsweeping the
                                                            in         law                        in
                                                  country amongstategovernmentsos wentwell beyond
                                                                                      and
                                                  the disclosure practices the federal
                                                                          of            government.
67See   testimonvoflered bv American                 At the outbreak WorldWar ll secretdossiers
                                                                    of                           on
Associationof UniversitvWomen, Hawai'i
State Division, in Repoh ol the Governo/s
                                                  individualsenabled government                to
                                                                               agentsin Hawai'i seize
Committee on Public Records and                   selectively thenincarcerate
                                                             and               withoutwarrants or
Privacy,Vol. ll, at 147 and by Beverly Ann
DeeoeKeeverat 335-371(December                    probable causehundreds citizens alienresidents
                                                                         of         and              of
1987).
aBelore Hawai'i'slaw was enacted,the              Japanese  descent.They were relocated behindbarbed
federal governmentand the state oJ Utah           wirein isolatedinlandcampsfor the duration the war
                                                                                           of
had instituteda similar scheme for
disclosingrecordsmaintainedon                     because  theywerefearedfor actsof espionage or
               -
individuals but not tor records
maintained groups,businesses,
                on                                sabotage.6e
corporations       and on ofticialtransactions;
neiiher maintaineda centralizedoffice for
disclosureol records.                                 As of April25, 1995,morethan20,000stateand local
    Excerptstrom an annual report                 government   record        -                     of
                                                                      typesTo or aboutone-eighth the
describingUtah's noncomputerized
classification its recordson individuals
                   of
is containedin Reportof the Governor's
                                                  estimated  total- had beenamassed the Officeof
                                                                                       by
Committeeon Public Recordsand                     Information            and
                                                               Practices entered    intoa fullyautomated,
Privacy,    Vol. lll at 341-361(December
1987).                                            onlinestatewide  computer  systemthat was expected   to
    Hawai'iis also among the few states to                                                     printout
have all state and county executive,              become largest Hawai'i.The computer
                                                           the         in
leqislative. iudicial
oolvernment
                and          branches   of
                  includedunder in its Freedom
                                                  listing names these20,000
                                                        the         of             records nearly inch
                                                                                           is       an
5l Information       law, accordingto Governor    thick. Thiscomputerized,                      of
                                                                                       directory all state
                                                                             centralized
John Waihee, Openhne,Office of
Information      Practices'newsletter,Vol. 5,     and localgovernmental    records be the firstof its kindin
                                                                                  will
No. I at 2 (October        1993).
6eFor discussionon federal                                                in
                                                  the nationTl unique the United
                                                               and                     States.
        a
recordkeeping residentaliens and
                      on
JapaneseAmericancitizens,see Personal                As of July 1, 2002,33,649  recordtypeshavebeen
Justlce Denied: Report of the
 Commission on Wartime Relocation and             reported agencies the RRS. Thesecover24,169
                                                           by           to                             by
 lnternment of Civiliansat 51-60
 (December1982);for the tederal interface         stateexecutive  agencies; by the legislature;
                                                                            816                  1,645 by
with a speciallyformed espionage unit of
the HonoluluPolice Deoartment,see
                                                  the Judiciary;4,433by Cityand Countyof Honolulu;   976
MichaelJohn Gordon, Suspectsin                    Hawai'iCounty;   861 by Kaua'i County;749 by MauiCounty.
 Paradise.' Looking for Japanese
  "Subversives" in the Tertlory ol Hawai'i,       Of these, percent completely
                                                            59          are                    to
                                                                                     accessible the
  1939-1945, and Honolu/u Week/y, March                                                         persons
              a
 1 5 .1 9 9 5 . t 3 .                             public, percent accessible to specific
                                                        7           are           only                  or
ToMichael Little,Officeof InJormation
             V.                                   undercertain conditions, percent accessible
                                                                            14        are           after
Practices, a demonstration the
               al                    of
RecordsReportSystem,Honolulu,April                            of
                                                  segregation confidential   information, percent
                                                                                        16         are
27,1995.
71
                                                  unconditionally confidential four percent
                                                                              and            are
   O/P Openlrne,(Office of lnformation
Practices'newsletter),       Vol. 5, No. 9 at 2   undetermined.   OIP explains: "Therecordreports
(October1993).                                                                    government
                                                  themselves, whichonlydescribe               records,
                                                                                                          25
                                        contain confidential
                                              no          information are completely
                                                                    and
                                        public."72

                                           Severebudget cutssince1995haveslowed    progressof
                                        the agency'sinputting      to
                                                            records the RRS. Butthe
                                        cumbersome  computerized database nowbeing
                                                                          is
                                        transformed dissemination the Internet,
                                                   for             on             whichis
                                        expected become
                                                to         available the public 2004in a far
                                                                   to          in
                                        easier-to-usemedium format.73
                                                            and
                                                   journalists,
                                           Citizens,          government  employees and
                                        businesses gather
                                                  can        muchuseful  information this
                                                                                    from
                                        onlinedirectory.
                                                       Theywillbe ableto viewa report each
                                                                                       of
                                        recordtypeentered the database,
                                                          into              including name
                                                                                     the
                                        and location the record,
                                                   of           whether record public
                                                                        the       is       or
                                        confidential, officeto contact request
                                                   the               to         access the
                                                                                       to
                                        record the sources usesof the information the
                                              and            and                        in
                                        record.
                                            In addition,
                                                       officials generate
                                                               can         computerized reports
                                        that sortthe agency's records name,by form number,
                                                                    by                       by
                                        public/confidentialaccessclassification, retention
                                                                               by        period
                                        and by media  typesuchas paper,  microfiche computer
                                                                                   or
                                        disk. Muchof thiskindof information required lawand
                                                                            is        by
                                        is to be updated annually.Ta
                                           Individuals search
                                                      can      electronically
                                                                            through 20,000
                                                                                    the
                                                                -
                                        records locatekeywords suchas records
                                                to                                 related
                                                                                         to
                                        elephants, or ethnicity. example, record
                                                   milk           For         four
                                        names  containing termethnic?werelocated
                                                         the                         among
                                        the 20,000 the database May3, 1995.The computer
                                                   in           on
                                        printout one of thesefour records shownon page27.
                                                of                       is
                                           The printout             the
                                                         illustrates 29 fieldsof information
                                        entered the database
                                                in                abouteachgovernment      record.
                                        Fields identified the number the left-hand
                                               are           by               in             column.
                                        Field3 in the left-hand column   givesthe number the form
                                                                                           of
                                        that gaveriseto the government     recordin the Department
                                        of Labor and Industrial Relations.  Thisform,as shown    on
                                        page28, is accessible   fromDLIRbut whenfilled it is
                                                                                           out
                                        confidential the nameis redacted.
                                                     until                       Fields showthe
                                                                                        6-g
                                        nameof the government             responsible maintaining
                                                                   official           for
                                        thatrecord  typeand hisaddress     and telephone  number;
                                        thisis keyinformation thosewho wantto knowthe
                                                               for
                                        contents thattypeof record.Fields10-13
                                                 of                                    explain that
72OlP, 2OO2  Annual Report 46-47
                         ,      -
T3Michael Little interviewat OlP,
                                        public access thoserecords
                                                       to                thathavebeenfilled   out
          V.
Oct. 8, 2003.                           wouldbe permitted    oncethe government    employee's   name
7aHew. REv.Srer. g 92F-18(Supp.1990),   has beenerased     andthe rationale thataccess
                                                                             for            decision.

26
                                                                        "media
                                                            Field listing
                                                                 27            type"indicates of the 15
                                                                                             one
                                                                waysin whichthat record
                                                        different                                   including
                                                                                       may be stored,
                                                        on paper, computer              reel
                                                                          disk,computer tape,CD    ROM,
                                                                     audio
                                                        film,microfilm,    tape,videotape photograph.
                                                                                          or
                                                           Althoughsomeagencieshavebeenslowto catalog
                                                                                       by     theirlabor
                                                        theirrecords OlP,theywillbenefit saving
                                                                   for

                                                                                                                                 the
                                                                                                               andtimein assisting
DATE 05/03/1995 - 76t22.28 - wL
NBCOSO3C       STATE OF HAWAI'I  - OPFICE OF INFORI'IATION PRACT]CES                                                and alsoby
                                                                                                               public
                             RECORDS REPORT SYSTEH
                                FULL RECORD REPORT                                                                        government
                                                                                                               streamlining
      TTWARNINGTT       THE OIP HAS NOT YET REVIEWED THIS RECORD.                                              operations.Ts
1.    RECORD NME:       STATE OF IIAWAI'I,  DLIR ETHNIC CATEGORY
2.    COE}ION NAIiE:    ETHNIC CATEGORY
3.    FoRM NO:          1ir Pers  fom   f6
                                                                5' ABBREV:                      DLIR-PO
                                                                                                                   The firstagency   that
4.    AGENCY:     A     STATE OF IIAVJAI'I EXECUTIVE AGENCIES
                  A2
                  02
                        LABOR & IrcUSTRIAL
                        PERSONNELOFFICE
                                             RELATIONS
                                                                  RSN:                          0020055
                                                                                                               had entered of its
                                                                                                                            all
                                                              9. BUS. ADDRESS: 001
                                                                                                               records  was the Honolulu
6.    OFFICER INFORUATION

7.
      PERSONNEL OFFICER
      GOTO, EDVIIN
                                                              830 Punchbowl St!eet
                                                              Keelikolani Buildj.nq
                                                                                                               Zoo. Scanning 1995list
                                                                                                                                 its
      PHOM: : 586-9040                                        Honolulu              Hr            96813
                                                                                                               of 362 recordtypes
10-12.    aCCESS CLASS: CONFIDANTIAL/CONDTTIONAL ACCESS -
        C A 02      public   after   segregation    of infomation
                                                                     Access pemitted
                                                                     Protected    from
                                                                                                          Lo
                                                                                                               provides kindof x-rayof
                                                                                                                         a
13.    RITIONALE:
                    discl.osure
                    Public
                                   by an appl'icable
                             discLosure    of this
                                                        UIPA exceptlon.
                                                     infomation    would clearly     con-
                                                                                                               its various government
                    stitute    an invasion    of the employee's    personal   privacy'
                                                                                                               operations,  muchlikea
],4. LEGAL AI.NHORITY FOR ACCESS CLASSIFICATION
CODE A:    AUTHORITY: Hawai.i Revised Statutes                          cF.f.    orf-11
                                                                                                               budgetdepicts flow of
                                                                                                                                its
15. LEGAL AUTHORITY FOR }TAINTAINING             RECORD
                                                                                                               funds.The Zoo'slist
CODE G:   AmHORITY:  Haeaii  Revised             Statutes               SECT:25-20
                                                                                                               provides
],6. RECORD RETENTION
CODE: 806     2 Yeats
].?. RECORD RETENTION REASON
                                                                                                                  a quickeducation the
                                                                                                                                  in
CODE G:       Ceneral' Records        Schedule-State         of   Hawai'i
                                                                                                                  manyactivities tasks
                                                                                                                                and
                                                                                                                  thatthe Zooemployees
18. INFOR}TATION KEPT IN THE RECORD
CODE: L1      Labor/hplolment                                                                                     perform:everything from A
      P2      Persodel
19. INDIV1DUALS ABOUT WHOI{ RECORDS ARE MAIMAINED
                                                                                                                  to Z, from"AnimalKeePer
CODE: G
      H
                  EhPloyees
                  Foner   lhployees
                                                                                                                  DailyReport" "ZooGoals
                                                                                                                              to
                                                                                                                  and Objectives."
20. NON-GOVERNHENT SOURCES
CODE: O8      lndividual To Whon Record             Pertains
21. GOVERNI{EMT AGENCY SOI'RCES                                                                                       Someof the more
22. AUTHORITY WHICH STATES PROCEDURE TO REQUEST ACCESS                                                                     record
                                                                                                                  intriguing     namesare
             UIPA (Chapter       92F, HRS)                   sEcT:92f-11
CODE: A
23. POLICIES AND PROCEDIIRES ABOUT STORAGE, RETRIEVAL & ACCESS CONTROLS
                                                                                                                  "BirdCorrespondence"
             File   seculity,     suctr as locked file  cabinets/drawers
                                            which reguire
                                                                            o!
                                                            agency assistance  fo!
                                                                                                                  (these literate
                                                                                                                         are      birds!),
             other means of storage,
             record   retrieval.                                                                                  MouseColony   Protocol
24. RECORDUSES
CODE: 19      Persomel                                                                                            (mind yourmanners),
25. ROUTINE NON-GOVERNIiIENT USERS OF THE RECORD
coDE: 08      hployees
                                                                                                                  "Change DietRequest
                                                                                                                           of
26. GOVERNI'{ENTAGENCY USERS                                                                                      (morezoo animals thatcan
2?. RECORD LOCATION
MEDIA TYPE: P  Paper                     CoDE: 900          A1t   subdivisions      of    the   Dept.
                                                                                                                  write),and "AnimalEscaPe
                                                                                                                  Plans" (theanimalsnever
                                           001     830 Punchbowl Street
                 P     PaPer
                                                   Keelikolani  Building                                          shouldhavewritten them
                                                   Hono1uLu                                Hr   96813
2 8 . COr'fiENT:
                                                                                                                  down!).76
29, PERSONAL RECORD: Y

                                                                                                                  Of the 362Zoorecords,
                                                                                                               96 percent classified
                                                                                                                           are        as
                                                            7sWaihee,O/P Open/ine,Vol. 5, no. I at 3           public,         public
                                                                                                                      indicating
                                                            (October1993).
                                                            7"OlP Open/ne, Vol. 7, no. 3 at 1 (March
                                                                                                               access required, 4
                                                                                                                       is        and
                                                            199s).                                             percent confidential/
                                                                                                                        are
                                                                                                                                         27
                                                           conditional,       access permitted the public
                                                                     indicating      is         to        after
                                                           segregation information is protected
                                                                     of          that            fromdisclosure
                                                           by an exception Hawai'i's
                                                                         to        Freedom Information
                                                                                            of
                                                           presumption all government
                                                                      that              records open.77
                                                                                               are
                                                            ln addition, percent the Zoo'srecords on paper
                                                                       98      of                are
                                                        and2 percent computer
                                                                      are        records.TE
                                                                                          Thesestatistics
                                                                                         the
                                                                                    about Zoo remained
                                                                                    unchanged, of October
                                                                                              as
                                          ETHNIC   CA?EGORY
                                                                                    2003.
        The Equal bnplo)ment      Opportunity      Act of 1972 requires     that.                     The Zoo now has an
        t.he state   minlain    certain    records   of its   employees  j.ncluding
        Eheir   et.hnlc categorization.       In order   that we my    comply
                                                                                                      alphabetical of its
                                                                                                                    list
        wit.h t.he requiremen!,     please   circle    oae of the lollowing                           records sorted by types
        letEers    to j-ndicate  your ethnic     background.
                                                                                                      of information  keot in the
        CIRCLE QNE LETTER ONLY:                                                                       records,such as
        B.   Black                            w.   White   -                     persons of
                                                                                                      administrative  records,
                                                                al.so includes
                                                                Indo-European    descent,             f inancialrecords,budget,
        C. Chinese                                              e.g. Pakistani    and East            citizeninquiries/
                                                                Indian;   and persons of
        F.   Filipino                                           portugese,   Spanish or Latin
                                                                                                      correspondence,
                                                                descent   (excluding   Filipino       complaints,  contracts,
        H- Hawai'ian                                             and  puerto Rican).
                                                                                                      health-medical
        J.   Japanese                         M. Mixed     -    includes    all   mixtures    other   investigative  records,
                                                                than part-Hawai.ian        (part-
                                                                                                      license/permit,
        K.   Korean                                             Hawai ' ians circle     " part
                                                                Hawai'ian"      letter) .             personnel,property
        P.   Part-Hawai'i.an                                                                          management,     and rules
                                              O. Other     or    unknom     -   (Specify   if
        R.   Puerto     Rican                                   other).                               and regulations.so
        S.   Samoan
                                                                                         A sampleof University
                                                                                      of Hawai'iRecords unit
                                                                                                        by
                                                                                      in OIP'sRRSis shownat
                                                                Sagnature
                                                                                      right. UH hadentered  689
        L&IR Per-       Fom     #6   (5/80)
                                                                                      record typesintothe RRS
                                                                                      as of October 2003. But
                                                                                                   8.
                                                                                      mostof theserecords  were
                                                       for the late1980sthrough   mid-1990s wereentered
                                                                                            and              by
                                                       onlyfiveunits(Director Planning Policy,
                                                                               of         and        Institutional
                                                       Research    Office,PersonnelManagement   Office,Planning
                                                       Office, VicePresident University
                                                                              of          RelationsOffice).More
                                                       recentand extensive   informationcontained the reports
                                                                                                 in
                                                       themselves    fromnumerous unitsare available the
                                                                                   UH                   on
                                                       UH website:     www.hawaii.edu.
                                                          Besides            government
                                                                  streamlining            operations,Governor
                                                       JohnWaihee,   shortly
                                                                           before leavingoffice,
                                                                                               saidthat
                                                       Hawai'i'sFreedom Information had alsoaided
                                                                        of            law
                                                                   journalism. was thisadministration
                                                       investigative          "lt                       that
n /d.
                                                       opened all the filesuponwhichreporters nowbasing
                                                               up                                are
78/d.
7s/d.
                                                       theirinvestigative
                                                                       stories.lt was not simplythatin the
eWaihee, OlP Openline, Vol. 5, no. 9                   1990s localnewspapers
                                                              the                 suddenly discovered
at 1.                                                              jou
                                                       investigative rnalism."so
28
DATE 01/07ll-998 -- 1O;34:50 -- MVL
NBCOSO2        STATE OF HAWAI'I - OFFTCE OF INFORMATION PRACTICES
                             RECORDS REPORT SYSTEM
                   RECORD NAMES BY AGENCY ORGANIZATION REPORT
UNTVERSITY OF HAWAI'I                                   A 22 OO OO OO OO OO
             *** NO RECORDSON FILE        FOR THIS   AGENCY *T*
  BOARD OF REGE}TTS                                     A 22 OI    OO OO OO OO
             *** NO RECORDS ON FILE       FOR THIS   AGENCY ***
  OFFICE OF BOR SECRETARY                               A 22 OL OO OO OO OO
             *** NO RECORDS ON F]LE       FOR THIS   AGENCY ***
  STATE POST SEC EDUCATION COMM                         A 22 01' OO O]. OO OO
             *** NO RECORDS ON FILE       FOR THIS   AGENCY ***
  STATE OFFICE OF VOCATIONAL ED                         A 22 O1 OO 02         OO OO
             *** NO RECORDSON FILE        FOR THIS   AGENCY ***
  STATE DTRECTORS OFFICE                                A 22 OI    OO 02      01, OO
             *** NO RECORDSON FILE        FOR THIS   AGENCY ***
 OFFICE OF THE PRESIDENT                                A 22 02    OO OO O]. OO
            *** NO RECORDS ON FILE        FOR THIS   AGENCY ***
 EXEC OFFTCE OF THE PRESIDEMI                           A 22 02    OO OO OO OO
            *** NO RECORDS ON FTLE        FOR THIS   AGENCY ***
   EMPLOI'}{ENT TRAINING OFFICE                         A 22 02    13    OO 05   OO
              *** NO RECORDS ON FILE      FOR THIS   AGENCY ***
   CHANCELLOR OF COMMUNITY COLLEGES                     A 22 02    1'3 OO OO OO
            *** NO RECORDS ON FILE FOR THIS          AGENCY ***
     HAWAI'I    COMMUNITY COLLEGE                        A 22 02    ].3 07     OO OO
               *** NO RECORDSON FILE      FOR THIS   AGENCY i**


      DIRECTOR OF    PLANNING & POLICY                  A 2 2 0 2 0 8 0 0 0 0 0 0
             1988    SAT REPORT
             1988    UH FALL ENROLLMENT REPORT
             ].988   LIHM ENROLLMENT STUDY
             1988    TIHM ENROLLMENT STUDY
             ].988   TIHM ENROLLMEMI STTIDY



      EQU EMPL OPP/AFFIR ACT - MANOA                    A 22 02    1'L OO OO OO
             *** NO RECORDS ON FILE FOR THIS         AGENCY ***
     INTERCOLLEGIATE ATHLETICS                          A 22 02    04    OO OO OO
            *** NO RECORDS ON FILE FOR THIS          AGENCY ***
     TECH TRANS & ECON DEV - MANOA                      A 22 02    10    07   OO OO
            *** NO RECORDS ON FILE FOR THIS          AGENCY ***
     UNTVERSTTY BUDGET OFFICE                         A 22 02      09    OO OO OO
            *** NO                 FILE   FOR THIS.AGENCY -***


     COLLECTIVE      BARGAINING                         A 22 02    07    O], OO OO
            ***      NO RECORDS ON FILE   FOR THIS   AGENCY ***
      LEGAL AFFAIRS                                     A 22 02    07    02   OO OO
             *** NO RECORDS ON FILE       FOR THIS   AGENCY ***
      PERSONNEL MANAGEMENT OFFICE               A 22 02 07 03                 OO OO
            ANNUAL SUMMARY OF INVENTORIES  REPORT
            APPLICANT DATA SURVEY
            APPLTCATION FOR CIVIL  SERVICE POSITION
            DPS SPONSORED COURSES CCITIH REGISTRATION FORM
            EMPLOYEE PERFORMANCE APPRAISAL  SUMMARY


     V.P.   UNIVERSTTY RELATIONS                        A 22 02     05   OO OO OO
      '       *** NO RECORDS ON FILE      FOR THIS   AGENCY ***
        ALUMNI AFFAIRS                                  A 22 02     05   03    OO OO
             *** NO RECORDS ON FILE       FOR THIS   AGENCY ***
        MEDIA RELEASES & PUBLICATION                    A 22 02     05   02    OO OO
             *** NO RECORDS ON FILE FOR THIS         AGENCY ***
        VP UNTV RELATTONS OFFICE                   A 22 02 05 01 OO OO
             APPLTCATION FOR LEAVE OF ABSENCE
             APPLICATION   FOR TRANSFER OF VACATION AND SICK LEAVE CREDIT
             ATTORNEY GENERAL OPINION    LETTER
             AUTHORIZATION   FOR OVERTIME WORK




                                                                                       29
 Appendix A

                                   A Note Part
                                        on   lll-
                              DisclosurePersonal
                                      of        Records
           .Besidesgainingaccess government
                                 to         records generally,
                                                            citizens also
                                                                   may want   to
        review own
              their records bya government
                             held               agericy.
            Obtainingpersonal
                            recordsimportantensure therecords oneself
                                    is       to       that         about     are
       accurate, up-to-date,        -
                           complete orshould becompiled onfileinthefirst
                                             even           and              place.
           Inaccurate,incompleleuntimely
                               or        records damageperson's togeta
                                                could       a        ability
               job
       desired orpromotion, from governmentaiariety purpoies a license
                              a loan the              for       of        or
       to engage anindustry, assome
                 in          such         construction that iegr.itrteotheState.
                                                     work is          by
           Relevant indicates.that.
                                anagency disclose records being
                                         must        that       are     compiledand
       maintainedanindividual. thefederal
                  on              Unlike        Privacy state
                                                       Act,    unO-fo.ii
       units notpermitted this ofthelaw dehy existence ilovernment
             are            under part           to     the        oicaiegories
                                                                             ot
       records, those need disclose.
                even     they      not
          Unlike  Hawai'i's
                         FreedomInformation which
                                   of           part,     permits
                                                                access thedisclosure
                                                                      only,
      of personal  records Part establishesright coirect,
                         in    lll            the     to      amend erprnge
                                                                   or        records
                                                                                   in
      which information therequester aciurate,
                        about              is not        relevant, oi.brifrt..
                                                               timely
          Part ofthelawapplies "any
              lll                to                personal
                                          accessible       record" is maintaineda
                                                                that           by
      state local
           or       governmentagency Hawai,i.Bl
                                       in
          Theterm   "personal
                            record"broadly
                                    is         defined. lawreads:
                                                      The
           "Personalrecord"
                          means item,
                                any    collection,grouping information anindividual is maintained
                                                or       of           about          that          by
           anagency. includes, is notlimited theindividuals
                      lt       but          to,           education,financial,
                                                                            medical,
                                                                                  oimfroy*rnt history,
           or items contain make
                  that      or     referencetheindividual's
                                           to            name, ioeniitying
                                                                        number,symbol, other
                                                                                '     or   identifying
           particular
                   assigned theindividual, asa finger voice
                           to           such         or     print iinotograp6."
                                                                 or
        There five
              are exemptions   toaccess personal
                                       to        records.
                                                        These exemptions
                                                                       cover
     certain of record.s. tolaw
           types          relating enforcement proceedings theindividual
                                                 orto          agalnst
     ortoidentifying
                   a confidential compromising or the6xariination
                              source,            testing               proc.rs,
                                                                              o,
     those arenondisclosable
          that                byjudicial
                                       decision other
                                               oiby    authorities.
        Those uncertain towhich ofthelaw useorthepart willgive better
                       as        part        to            that      the
     results advised make
           are        to     requests both         -
                                    under parts theFreedominformation
                                                                of         part
     andtheDisclosure of Personal
                                Recordspart.
      . The steps obtaining own
                 for        one's personal   recordgenerally thesame those
                                                          are        as     for
     obtaining
             records under FreedomInformation of Hawai'i's Therequester
                          the       of           pait         law.
     may appeal theCircuit
               to          Court anagency
                                if        refuses disclose correct own
                                                 to       or       one's per-
     sonalrecord.
     8lHew'Rev' Srnr' 92F-21 (Supp-
                      $               1990). This section reads: "lndividual'saccess.to own personal record.
     thai maintainsanv accessiblefeirsonal iecord shalL                                                        Each agency
                                                        make that r"coroiuairaBie to the individualto whom it pertains, in a
     reasonablyintelligibletorm. Wnere ne."-.t"iih;';gency    shail provioe I liinstation into C;;o;
     readabtecode or any code or abbreviationerfiptoyedioaiirGi"ir'"g";cvlJIe":                       Grms of any machine
     EzHnw.Rev.Srar. g 92F-3 (Supp. 1990).


30
Appendix B

Form RequestingAccess to a Record
                  TO      A         RECORD
            REQUEST ACCESS GOVERNMENT
       DATE:
       TO:
       FROM:
                             Narnc or Alias

                            Contact Intdmation



                                                                     you shouldprovideenough information
       Altrough you are not requiredto provideany personalinformation,                                       to
                                 you
       allowhe agencytocontact aboutthis      request.The processing this request
                                                                    of                              if
                                                                                    may be stopped the agency
       is unableto contactyou. Therefore, pleaseprovideany information that will allow the agency to contactyou
       (nameor alias,telephone fax number,
                               or           mailingaddress,     address,
                                                           e.mail        etc.).


                                                                                                   :
       Describe   the govemmentrecordas specifcally as possibleso that it can be located. Try to providea record
       name, subject matter, date, location,purpose, or names of persons to whom the record refers, or other
       informationthat could help tre agency identify the record. A complete and accurate descriptionof the
                                                      tre l                                                    o a
       g o v e m m e n t r e c o r d y o u r e q u e sp w i vle n t d e l a y s i n l o c a t i n g t h e r e cA trtd .c h a s e c o n d p a g e i f n e e d e d .




       I WOULD LIKE:                  (please
                                            checkoneor moreof the optionsbelow)

       tr        To inspect the govemmenl record.
       tr        A copy of the government record: (Please checkone ofthe options below.)Seethe backofthis page
                               abouttees that you may be requiredto pay for agencyservicesto processyour record
                 for information
                 request.Note:Copyingand bansmission  chargesmay also applyto certainoptions.

                     f] Plckup at agency(date and time):
                     flMail
                     E Fax(tollfree and onlyif available)
                     ! Ctther, available
                              if         (please speci!):
       tr        lf tre agencymaintains records a form otherthan paper,pleaseadvisein wtrich
                                        the         in
                 formatyou wouldpreferto havethe record.

                            !     Electronic
                                           !           auoio !          Cther(pleasespecify):

       tr        Checkthis box if you are atachinga requestfor waiverof fees in the publicinterest
                 (seewaiverinformation back).
                                         on

                                                                                 T
                                                S E EB A C KF O RI M P O R T A N I N F O R M A T I O N




                                                                                                                                         olP I (rev.9/12/01I




Also availableat www.state. us/oipiforms
                          hi.                                                                                                                                        3/
Appendix          B (Continued)

Form Requesting Access to a Record

      FEESFOR PROCESSING
                       RECORDREQUESTS
     You may be charged   feesfor the services
                                             that the agencymust perform                yolr record
                                                                          when processing
     request,including feesfor makingphotocopies otherlawfulfees. The firsl $30 of fees charged
                                                  and
                   for
     for searching a record,reviewing,      and segregating will not be chargedto you. Any amount
     over $30will be chargedto you. Feesare as fdlo,vs:

                      for
                Search a Record                                                                              for
                                                                                                        $2.50 15 minutes
                ReMew and Segregation a Record
                                    of                                                                       for
                                                                                                        $5.00 15 minutes




     WAIVEROF FEESIN THE PUBLICINTEREST
     Up to $60 of feesfor searching segregating reviewing
                                                        for.                     and                    records     may be waivedwhen the waiver
     wouldservethe public                  interest described section
                                                         as                    in               2-71-32,     Hawaii    Administrative        Rules. lf you
     wish to applyfor a waiverof fees in the publicinterest,                                  you must aftachto this requesta statement                        of
     facts,including        your identity the requester. show hoy the waiverof fees would serve the public
                                                   as                           to
                    .
     i n t e r e s tT h e c r i t e r i a f o r t h i s w a i v e r , f o t r n d a t s e c t i o n 2 - 7 1 - 3 2 . d m w asit r a t i v e R u l e s , a r e :
                                                                                                                A Ha ini i

                (1)       Therequested recordpertains the operations activilies an agency:
                                                    to               or          of
                (2)       Therecord nc{readily
                                    is         available the public
                                                        in          domain;  and
                (3)       Therequester the primary
                                       has                   and
                                                    intention the actual          to
                                                                           ability widelydisseminate
                                    fromthe government
                          information                  recordto the publicat large.




     AGENCYRESPONSE YOUR REQUEST
                  TO            FORACCESS
     The agencyto wl'tichyol addressed your requestmust respond withina set time period. The agenry
     will normallyrespond yo.t within10 business
                         to                     daysftornthe dateit receivesyour request:however.in
     extenuatingcr'tcurr?stances agencymust respondwithin20 businessdays frornthe date of yotr
                                 the
     request. lf you have questionsaboutthe response time,yor may contactthe agency'sUIPA contact
     person. lf you are nd satisliedwith the agency'sresponse,ycr.rmay call the Ofice of Information
              at
     Practices 80&58&1    400.



     REQUESTER'S
               RESPONSIBILITIES
     You havecertain responsibilities
                                   under$2-71-16, Hawaii Mministrative Rules.You may obtaina copy
     of theserulesfromthe LieutenantGovernor'sOfficeor from the Offlceof lnformationPractices.These
     responsibilities
                   includemakinganangements inspect
                                             to         and copyrecords,  proMding further
                                                                                         clarifcation
                  of
     or description the requestedrecordas instructed the agency's
                                                    by               notice.and makinga prepayment
     offees.if assessed.




                                                                                                                                       olP l (rev.9l12/O\l




32
Appendix G

Sample Letter Requesting Government
Record Access Under FOI (Part lll
    Agency Branch
           or      Head
    Title
          of
    Name Agency
            of
    AddressAgency
        State
    City,      ZIP
             FreedomInformation under ll,UIPA
           Re:     ol       request Part
    Dear
          Under provisions Uniform
               the       ofthe              Practices (Modified), ll - Freedom
                                   lnformation     Act        Part
                                                                    aspossible].
               I amrequesting to[identify records clearly specifically
    oflnlormation,        access       the     as      and
         lf there any beyond forprocessing recordhave
                 are fees      $30          the     I             please
                                                         requested, inform
             you
    mebefore filltherequest. Please
                          [Or:     supply records
                                       the      without      me      fees
                                                      informing ifthe donot
    exceed
         $_.1
          [Optional: requesting inlormation thereason your
                 I am        this       [state      for       ifyou  it
                                                         request think will
        you
    assist inobtaining information.l
                     the
                        choose or
           ilfappropriate, one more   options:       a waiver upto$60 fees the
                                              I request     of       in   in
    publicinterest amattaching
                and           a statement that therequested pertainsthe
                                      offacts 1.              record     to
    operationsofactivities agency,therecordnotreadily
                        ofan      2.       is         available public
                                                             inthe     domain,
    3.I havetheprimaryintention the
                             and actual towidely
                                       ability               information the
                                                    disseminate       from
    government tothepublic large.l
               record         at
          lf alloranypartof requestdenied,
                          this   is                     exemption(s) you
                                        please thespecific
                                             cite               which
        justifies refusal release information,
    think       your     to    the
                      your
              appreciale handling requestquickly possible, I looklonrard
         Ishould               this    as     as       and           tohearing
       you    10
    from within days.
                                                     Sincerely,

                                                     Signature
                                                     Name
                                                     StreetAddress
                                                         State,
                                                     City,    ZIP

                                                   Businesstelephone
                                          [Optional]
                                                   Hometelephone
                                          [Optional]
                                                   E-mail
                                          [Optional]


Note: Be sure to write in the lower left-handcorner of the envelopeused for mailing:
      UniformInformation    PracticesAct (Modified),Part ll - Freedom of Information Request
                                                                                               33
Appendix D

Opinion Letter Summaries
on OIP's Website



                                                           of Workers' Compsnsallrn l*s urarrce
                          tobcr27. lg8g
                                                             Tsx€€ : Otf€rs-in'Cornorornbe
                                                          Lisl lcr Hayraiian Hom€lands
                                                          afld Occ{rgatis}s ot Govsrnrr}€nl Loan R€cbisnts




                                 20. 1S8C
                                                        Scf$ol Admissions Committe€ Merbershir
                        scenrbsr 12, 1S8S
                                                                  Pafr lo Usncrs at BlaisdiolArona
                        p{€rnb€r 12. '1$8S         ntity of ConFlainanl                                      ,
                                                          Traalrnsnl Faciliry lfilorrnatro{r
                           eflbsr 15. 1989                  lnfornatim About lnrnales


                                             Hom€ Addressss ard l"'loma Ta,E!firofi€ Numt€.rs
                           enber 27, '1S89              Rasidential Car€ Ho{De Vbleti,c$c


                                                                      Rstirerneal Allovancss


                                18, 139{
                                             Csrtifted D rivBrs' Ab€tracts


                               31, lgg0      Training Coirrse tdaterials
                                             lSacial Securiw Nunbsrs and Sirihdal€s
                                             L-_____L




                        ebruary 1990
                              26.                        Servic€ CuElom8r Horna Tobphsnp Nunb6rs;

                        €bruary 26, 1990
                                                             Program Flel ierv Reports
                        ebruan,26. 199O
                             30. 1990
                              30.1990
                           9. 1990                                            Iotornratiln
                                                 ames oJ Persons Sorving on Uni'rersity S€arch Cornmine€
                       Aprll24, '195,0
             :lgo"rs   'm" 18,
                             1990



                                                Iranciai aftd Conplam€         Arldit ol Advocacy Ag|gr€y



34
                 28. 1gO0                    Siaiistic Rocords
 90.24          9. 1990                                   D'rscbsurs ol Hstir€B's Data
    ------l
m"2s----_-l
L--____-_,,-l
                                                   Pssrnil A#*ications
ts{r.26                                         Bscords ol Doceas€d lrKttv,iluals
                                                     Corporalbn ot UH: S1ahisUrder lhs. UIPA


                                               Serv ic€ Colrsr.lrnrlbn Dala
                   23. 1990                    tirrt Records ol Lbrary Fatron€




                                                 for Drscbsre of Settlenxnl Agr+em3nt 8€tw€€n an
                                                aod a Privat€ Party
                                              ofl Oral:fsstiTlorly    al County Couflci
                                                   Proieclcd lrom Dbchsuro by Court Ordel
                                                   Urldsf Ssctbn 8.14.2, Rsvbsd Or&lancas ol

                                              y Ma*ll€narrc€ of B€€ords $bflin€d            bry Privale
                                                      ot lel.lfft€'€ ot a Public ,Meetirg
                                        Schadub ol lr{aximum Allorvable lvlsdtcal Fsos
                                        Olelo: Tho Corporatbn For Conrnu*ity Talevisioei srld
                                               : l(s,uai Cornmu$ity TslBvision, lfic.
                                                on Eilk ard Rssolutbrs Witho{rt Notice
                                        Mjrrdicativs RsrordE ol iha Jdi.oiary, Atrninisrrative Drivefs

                                                 of CourrcihEcrfib€rs rtttlo Hav€ Nol Ysl Oftici&lv
                                        traksn Office lo,Disclrss sel€4tbn oJ Officers




                                                Sct|oal B4ards 8rld th€ Sumhin€ l3w

                    z, 2003                               R€'cords the crirn€ Victimco{rp€{Ration
                                                                  ol
                                      ilPT:T,yj:     :f
                                                Selectlcn Commissixr Dst of Nominees
                g ioox
                11.2003                        and Part ll of til4 U*ifor,m Intorfiaticn Practices Acl
                                                    T,ransmbsb{lof Tastirnooy


                                             i Flanning Commbsion and Subdivbion Co*rrninee



                                                Scfioals ard the UIPA
                                                e lrom Pe,rding Folice Investiptbn          FBc
                                                     al Er€cl,liv€ M{€tirEs by Parties O$Er Than
                                         ;ounci or iBoard lvl€{rtars
                14,2003                       of NoD.Bqard M€nbsrs Inc*rd€d in Mirunes

                17.2003                     bsure oi Griovarrca FilG10th€ Otlice ol ttre Lesisrlativs

                 7.ffi3                    Ariirna:l Gar€ A$/isory Ccmmitt€€
                  14.2003                   losrrr€ of Urgv€rsitv's Codracl with H€sd FootbellCceh
                                                  ' Prsso{}ee - R€quirsd lo Aacomp'ish
                     I I, 2003                                                         th€ Esssntial
                                                   of an Executivs




                                 €Hav/aiiloy Horne leHsv/aii{ro/ T€rms ol Uss lsHaea$Go,v Privacv Polbv
                                                   O 2002 Stal€ ol Harvail;aHawaiGo/ . Afi rbhls resarved.

				
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