LIHU‘E — The state Office of Information Practices states on its annual report released Wednesday that the county attorney should not have denied having records for an easement agreement and that a Kaua‘i County Council member should have been able
LIHU‘E — The state Office of Information Practices states on its annual report released Wednesday that the county attorney should not have denied having records for an easement agreement and that a Kaua‘i County Council member should have been able to pose questions at a council meeting.
The state Legislature in 1988 enacted the Uniform Information Practices Act (UIPA) to clarify and consolidate Hawai‘i’s laws relating to public records and individual privacy. In the same year UIPA created OIP to administer the act.
The Office of Information Practices (OIP) report states it received 11 inquiries concerning Kaua‘i County government agencies during Fiscal Year 2011, which started July 1, 2010, and ended June 30, 2011.
Seven of those inquiries came from the public. Two requests were regarding the Kaua‘i County Council, one request was about the Kaua‘i Fire Department and another request was related to the county Department of Water. Three requests regarded unnamed government agencies.
Government agencies made four inquiries. One request was about the county attorney’s office, and another request was related to the county’s finance department. Two inquiries from government agencies were about other government agencies, which were unnamed, according to the report.
One of the inquiries asked whether the county attorney’s office properly responded to a request of a grant of easement agreement between Wai‘oli Corp. and Kaua‘i County.
An agency can generally withhold a draft agreement under the UIPA, the report states. But it also states that by withholding the document, the agency must still acknowledge that the draft agreement exists and state the legal basis for its denial.
“The OIP found that the county attorney’s response to requester’s written request, which was to deny that it had any records responsive to the request, did not comply with the OIP’s administrative rules promulgated under the UIPA,” the report states.
Another request concerned a letter from then Council Vice Chair Jay Furfaro to other council members about a bill proposing amendments to a county ordinance. The letter was found to be a draft that was shown to the council chair but was never signed nor circulated to other members, the report states.
“Based on representations made on behalf of Vice Chair Jay Furfaro and the council, OIP found that no violation occurred,” the report states.
Sunshine Law violation
The OIP found after an investigation that the Kaua‘i County Council violated the Sunshine Law by failing to give proper notice that it would be discussing a particular arbitration settlement in an executive session held in a meeting on Jan. 17, 2008.
The meeting’s agenda stated the council would be considering an arbitration settlement, but did not identify the arbitration and did not name the parties nor describe the dispute being arbitrated. Because of the lack of description, the agenda item was insufficient to provide the public with reasonable notice, the report states.
“Thus, any discussion of the proposed settlement during the executive session was not permitted under the Sunshine Law,” according to the report.
In another request, a council member asked whether a line of questioning, which he was not allowed to pose, would have violated the Sunshine Law.
The agenda item was related to grant funds requested by the county prosecutor’s office to be used for the Kaua‘i Victims of Crime Act Expansion Program.
The OIP found the council member’s questions were related to the item and would not have violated the Sunshine Law.
Training sessions
On July 15, the OIP provided training sessions on the UIPA for employees at the mayor’s office.
On June 7, the agency provided training sessions on the Sunshine Law to the county’s Office of Boards and Commissions.
Overall, OIP conducted 12 training session statewide during fiscal year 2011.
In addition to clarifying and consolidating Hawai‘i’s laws related to public records and individual privacy, the UIPA also seeks to better address the balance between the public’s interest in disclosure of information and the individual’s interest in practices, according to the report.
Under the UIPA, all government records are open to public inspection and copying unless an exception in the UIPA authorizes an agency to withhold records from disclosure.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@thegardenisland.com.
