Maybe Okubo verbally asked (by phone) for a ruling. The law says they don't have to create records in order to respond to a request. So if the request was verbal or in a format from which they can't easily export data, such as Instant Messenger, Google Talk, or Skype, then the answer of "no records responsive to your request" is appropriate.
This example is what I mean when I say that you are speculating. You've jumped to a conclusion without concrete evidence or proof. I suspect you'll view this response as a defense of Okubo, but it isn't. She clearly hasn't been forthright in some of her responses. But that further makes my point that one cannot make definitive conclusions from her statements.
I’m saying that she makes statements which aren’t backed up by anything when people ask for substantiation. If she wanted a ruling - rather than simple counsel - I believe that would have to be in writing. I could check that.
I also asked for all communications to and from their office regarding whether or not they could print a 1961 birth index, as well as documentation showing their policy of only collecting index data in 5-year increments (how the heck do you only collect by 5-year increments when you’ve got a continuously-running system with data entered by computer?) I would bet you $100 that I never see anything. They’ll say they don’t have it. They don’t have anything in that office - even what is required by law. Things they should do in written form they do without written form so they never have to document anything.
My point, though, is that she spouts from the mouth without offering any substantiation.
http://hawaii.gov/ag/main/publications/admin_rules/subtitle_1/5-1.pdf This is the Administrative Rules for the Attorney General’s office. Note especially Subchapter 4, which deals with agency requests such as what Okubo told Mark Niesse her department was asking the AG for a “ruling” on. Subchapter 4 begins like this:
.......................................
Ҥ5-1-61 Petitions for adoption, amendment, or
repeal of rules.
(a) Any interested person or any
agency of the state or county government may petition
the department for the adoption, amendment,
modification, or repeal of any rule which is designed
to implement, interpret, or prescribe law, policy,
procedure, or practice requirements of the department.
(b) Petitions for rulemaking action shall
conform to the requirements of section 5-1-35. The
petition shall set forth the text of the proposed rule
or amendment desired or specify the rule the repeal of
which is desired, state concisely the nature of the
petitioner’s interest in the subject matter and the
reasons for seeking the adoption, amendment, or repeal
of the rule, and include any facts, views, arguments,
and data deemed relevant by the petitioner. The
department may also require the petitioner to serve
other persons or governmental agencies known to be
interested in the proposed rulemaking. No request for
the adoption, amendment, modification, or repeal of a
rule that does not conform to the requirements set
forth above shall be considered by the department.
......................................
I don’t know about you, but to me that sounds like it has to be written.