©2014 the civil beat law center for the public interest | this information is subject to change...

©2014 The Civil Beat Law Center for the Public Interest | This information is subject to change without notice.

Government Recordsin Hawai‘i

2 ©2014 The Civil Beat Law Center for the Public Interest | This information is subject to change without notice.

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

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

Quick Glossary of Legal References


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

Tip #1


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/)

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)

Making a Request


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?

Tip #2


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)

Tip #3


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

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

Agency Response: You should receive . . .


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

Tip #4


•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)

Need Free Help?


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

Call to ActionShare Your Horror Stories


Civil Beat Law Center for the Public InterestCall 531-4000

E-mail: [email protected]

700 Bishop Street, Suite 1701Honolulu, HI 96813

Contact Information

Where do you think the Law Center could add value?


Thank you

©2014 the civil beat law center for the public interest | this information is subject to change...

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