1 / 12

Government Records in Hawai‘i

Government Records in Hawai‘i. Quick Glossary of Legal References. Federal Agencies FOIA : Freedom of Information Act 5 USC 552 Ombudsman: Office of Government Information Services Government in the Sunshine Act 5 USC 552b Federal Advisory Committee Act 5 USC appendix.

drew
Download Presentation

Government Records in Hawai‘i

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Government Recordsin Hawai‘i

  2. Quick Glossary of Legal References Federal Agencies FOIA: Freedom of Information Act • 5 USC 552 • Ombudsman: Office of Government Information Services • Government in the Sunshine Act • 5 USC 552b Federal Advisory Committee Act • 5 USC appendix • State Agencies (includes counties) Oversight by Office of Information Practices • UIPA: Uniform Information Practices Act • HRS ch.92F • HAR ch. 2-71 Sunshine Law • HRS ch. 92

  3. Tip #1 You are your best tool for obtaining access to records. • Legal tools are a blunt instrument designed to deal with hard-headed agencies that refuse to comply • In many cases, exemptions from disclosure are discretionary • Develop contacts and use persuasion

  4. Making a Request Consider • Delivery method that tracks receipt • Identifying format of record requested, especially if not paper copy • Request for public interest waiver (reduces search, review, and redaction fees by additional $30) • Minimum • In writing (e-mail counts) • Your contact information • Reasonable description of record • Method of transmittal for copy (e.g., inspect only, mail, fax, e-mail, pick up) Minimum constitutes a formal request that starts the clock for any deadlines OIP has Request to Access a Government Record Form (oip.hawaii.gov/forms/)

  5. Tip #2 Ask questions about the agency’s system of records. • How does the agency use the records? • What information is contained in the records? • Are blank forms or database fields available? • Who has the records? • Is the same information sent to or received from other agencies?

  6. Tip #3 Be specific when appropriate. • Fees and delays are proportionate to the request’s complexity • “All documents” (fishing expedition) vs. “Document sufficient” (specific info, but document irrelevant) • Be careful about compilations • Agencies not required to create lists or summaries that do not exist, unless readily retrievable (e.g., easily programmable electronic database)

  7. Agency Response: You should receive . . . • Within 25 Business Days • Some or all of the requested records Partial production permissible only if requested records are “voluminous” • “Voluminous” records are subject to incremental disclosure on a monthly basis (20 business days) • No deadline for complete production • No minimum production for each increment • Within 10 Business Days • Simple Request: Requested records • Denial or Redactions Required: Notice to Requester • Complex Request: Acknowledgement to Requester Notice to Requester provides estimate of fees and basis for any denial of access Acknowledgement to Requester provides explanation for delay and date by which agency will send Notice to Requester

  8. Tip #4 Be persistent. • Agencies routinely disregard response deadlines • You are enabling a culture of indifference if you do not keep pressure on the agency to respond • Keep track of efforts to obtain a response • When you have detailed records, it is easier to justify escalating your actions—e.g., by appealing to the respondent’s supervisor, OIP, or the courts

  9. Need Free Help? • Civil Beat Law Center for the Public Interest: Free service that offers confidential legal advice regarding questions about public records, open meetings, and other transparency issues (531-4000) • Office of Information Practices: Free attorney-of-the-day service will provide informal guidance on UIPA and Sunshine Law questions usually within 24 hours (586-1400)

  10. Call to Action Share Your Horror Stories • Legislative/Regulatory Reform Require a Compelling Narrative • Details matter—broad generalizations, rumor, and common sense are not sufficient • Did access cost too much? Were agency redactions senseless? Did the agency ignore you? • What to Do: • If you publish an article that notes a lack of transparency, alert me to the article AND/OR • Spend 5 minutes telling me what happened AND/OR • Send me your correspondence with the agency Tell Me What Needs to Remain Confidential

  11. Contact Information • Civil Beat Law Center for the Public Interest • Call 531-4000 • E-mail: info@civilbeatlawcenter.org • 700 Bishop Street, Suite 1701Honolulu, HI 96813 Where do you think the Law Center could add value?

  12. Thank you

More Related