... update at #467.
"TerriK INVESTIGATION: The Post and Email Blog Features Important Related Story – “Is Fukino’s office in open rout?”
DOH DIRECTOR’S OFFICE SHAKEN UP BY CITIZEN’S HUNCH THAT OBAMA HAS ALTERED HIS ORIGINAL VITAL RECORDS
by John Charlton
(Sept. 30, 2009) — Recent public revelations by Attorney Leo Donofrio, that the office of Dr. Chiyome L. Fukino, the Director of the Department of Health for the State of Hawaii, has a policy of obstructing and misdirecting citizens’ requests for information, in violation of Hawaiian Statutes, seems to have led to confusion and rout in the office of the director."
I do not want to mess up what Leo and Terri K are doing but when the time is right - we need to all pile on with our requests and demands for docuements based on HI law and statutes. When the time is right - we need to flood HI with document demands.
Go Leo and Terri K.
... update at #467.
naturalborncitizen Your comment is awaiting moderation.Great Job on this. You should also know that the UIPA and case law is very clear that the response given to your reader on that form is improper…
§2-71-14 (c)(3)
(3) The request requires the agency to create a summary or compilation of information from records that is not readily retrievable.
http://www.state.hi.us/oip/rules.html#27114
But read the UIPA at….
http://www.state.hi.us/oip/uipa.html#92F11
Ҥ92F-11
(c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records.”
You see that, if the information is readily retrievable then they can’t rely on that provision. This was also discussed in the Hawaii Supreme Court case
STATE OF HAWAI’I ORGANIZATION OF POLICE OFFICERS (SHOPO) v. SOCIETY OF PROFESSIONAL JOURNALISTS-UNIVERSITY OF HAWAI’I CHAPTER
83 Haw. 378; 927 P.2d 386; 1996 Haw. LEXIS 156; 154 L.R.R.M. 2373
“In a related argument, the City, relying on HRS § 92F-11(c), asserts that the circuit court committed reversible error by ordering the City to create a roster of disciplined employees. The City’s argument is patently meritless. HRS § 92F-11(c) provides that “unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records.” The circuit court’s order granting summary judgment, as modified by its June 16, 1994 order, [***51] states that “the HPD may either produce a summary of the information requested or produce all documents pertaining to the subject matter, using whichever method of disclosure the HPD deems more expedient.” (Emphases added.) Clearly, the City was not ordered to create a “roster.” Accordingly, we discern no error. ”
They used this same tactic against TerriK, but on that form they were so very devious by checking two boxes. They checked the denial box for her entire list of requests…and that would mean they had the documents but are not allowing access. And they also checked the box for the list/summary thing. That response is not a denial of access, it’s a denial that they have the means to retrieve the records requested.
Nice report. This isn’t right. I have UIPA requests pending as well. Will publish those soon.