Open government is a topic that should resonate with all of us because without transparency, it is impossible to hold public officials accountable. When our systems meant to foster open government are not working, we must examine why and collectively work toward solutions. Disappointingly, a bill that could facilitate these solutions, Senate Bill 3092, will not move forward this session. This legislation sparked necessary discussion about lengthy delays for decisions from the Office of Information Practices (OIP).
OIP is the state agency the government and the public go to when there is a dispute about access to public records or open meetings, and it helps address issues ranging from obtaining meeting minutes from state and county boards and commissions, to more complex requests, such as board documents and correspondence. At OIP, the public can ask whether a document must be public without going to court.
Court proceedings are expensive and time-consuming. They often require attorneys and are accompanied by filing fees and other costs, so it made sense for the Legislature to create a nonjudicial alternative that is “expeditious, informal, and at no cost to the public.”
Individuals seeking OIP’s services, however, have become increasingly discouraged by a lack of timeliness on the part of the agency. With OIP’s current backlog, anyone submitting a complaint may need to wait at least two years for a decision — two years is too long.
Every policy conversation depends on access to government records. As a community, we cannot have a real debate about what is best for Hawaii when there is a massive disparity in information. While the original request may have advanced the policy debate at the time, it is not necessarily useful years after the fact because conversations change, and priorities evolve.
OIP acknowledges the backlog of requests and set a goal to reduce wait time for decisions to one year by 2022, but that objective raises several new queries.
What is OIP’s plan to accomplish that objective? Why will it take four years to get there? And, as a matter of Hawaii policy, is a one-year delay acceptable?
Those working in grassroots organizations know trends based on individual stories, but often cannot quantify concerns or respond to criticisms without supporting data.
Unless we make sure information is accessible and timely, solutions will remain elusive.
SB 3092 spotlights a problem. We cannot let the decision to stop the bill also kill further public discussion.
Our community needs to know its government is trustworthy and continuously working to protect its rights.
Now is the time for the governor, legislators, OIP and the public to work together to address this issue.
Corie Tanida is executive director of Common Cause Hawaii.