As the director of the state Office of Information Practices (OIP), I support the basic premise that the public needs information and government transparency, as outlined in the Star-Advertiser’s Aug. 26 editorial, “Ige flouts public’s right to records.” However, your call to action is based on an erroneous understanding of OIP’s role in administering the Uniform Information Practices Act (UIPA).
OIP is not a central clearinghouse that responds to record requests made to the agencies, but rather, a neutral party responsible for accepting and resolving public complaints regarding agencies’ denials of access, among many other duties.
The Associated Press properly directed its request — for Gov. David Ige’s coronavirus communiques between his staff and the state Department of Health, the tourism industry and other organizations — not to OIP, but to the agency that has the records in question, i.e., the Governor’s Office.
Gov. Ige cannot “direct the OIP to swiftly comply with the AP’s request, starting with release of Health Department communications about COVID-19 testing, contact training and health-care system capacity” — as the editorial urged — because it is the Governor’s Office, and not OIP, that is responsible for responding to a request made to his office. The governor can direct his office to comply with the request, but he cannot direct OIP to provide records it does not have.
OIP would only become involved in the process if a denial of access was appealed to OIP, and enforcement of any decision by OIP would be through the courts.
I also would like to correct the editorial’s statement about a “prolonged standstill of vital work at” OIP. In fact, despite the initial full and current partial suspension of the UIPA, and the partial suspension of the Sunshine Law that OIP also administers, OIP has been working very productively the entire time, both remotely and in the office.
After it was authorized to issue opinions again, OIP ended fiscal year 2020 with the lowest number of pending cases in over a decade. OIP helped to keep government functioning and expanded public participation throughout the COVID-19 crisis by advising boards on best practices for virtual meetings and is currently drafting legislation for next session on this matter. OIP continues to provide same-day advice through our Attorney of the Day service, is helping people to obtain records from agencies, has posted many new online and training materials to foster compliance with the laws, and has been resolving disputes that are typically between government agencies and members of the public.
OIP remains the one place where state, county and independent agencies (such as the University of Hawaii and Office of Hawaiian Affairs), boards (including county Councils), members of the public and media organizations can turn to for free and neutral assistance, quick and uniform advice, and fair and impartial dispute resolution, without having to engage in expensive and lengthy court litigation.
OIP’s future, however, is clouded by the current hiring freeze, potential furloughs and impending state budget cuts. In July, OIP lost over 30 years of institutional memory with the retirement and resignation of two of its five staff attorneys. Without sufficient attorneys to do its vital work and to preserve its expertise, OIP’s backlog will again grow, services will be cut back, and the public’s ability to keep tabs on government actions will suffer. If you want to choke off public access, then strangling OIP is a good way to do it.
Instead, as your call to action, OIP hopes that you will support OIP’s efforts to hire and train new attorneys, exempt it from furloughs, and maintain its funding to continue ensuring government transparency and accountability at a time when they are needed the most.
Cheryl Kakazu Park is director of the state Office of Information Practices.