Hawaii dispute could impact lawmakers’ disclosures to public
ASSOCIATED PRESS
Democratic Senate President Ron Kouchi speaks with reporters after Hawaii Gov. David Ige’s State of the State address during a news conference at the Capitol in Honolulu.
A top Hawaii lawmaker is delaying a public records request because of a dispute that could hold up similar requests for years. The outcome will likely determine whether legislators can withhold emails, calendars and other information from the public, which watchdog groups see as crucial to government accountability.
The Associated Press recently sought emails and schedules of legislative leaders in all 50 states, and the request was met with more denials than approvals. Some lawmakers claimed legislative immunity from the public records laws that apply to most state officials, while others said secrecy was essential to making laws.
But a response from the Hawaii Senate president stood out because the reason for not providing records was a pending appeal of a different records request, suggesting the Senate could be walling off similar information requests for a year or more.
The issue began when a non-profit group asked for copies of communications between several senators, representatives and the agriculture industry on pesticides and genetically engineered crops, sensitive topics in Hawaii.
Two representatives denied the request, so the group — The Center for Food Safety — appealed their case to the state office that resolves disagreements about access to government records.
Hawaii law states all government records are open to the public unless access is restricted by law. There are exceptions allowed in state law for certain records, including draft working papers of legislative committees and personal files of members of the Legislature, meaning those can be withheld from the public.
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The House and Senate are treated the same way in the public records law, and their lawyers’ arguments in the Center for Food Safety case show a shared interest in limiting the amount of public records lawmakers are obliged to provide.
According to Amy van Saun, legal fellow for the Center For Food Safety, senators provided limited information in response to the center’s request, while two representatives denied the request entirely, prompting the center to appeal both denials.
When The Associated Press asked for emails and calendars of Senate President Ronald Kouchi, a Senate attorney in a letter said Kouchi wasn’t able to respond because of the pending appeals involving the Center for Food Safety, adding that the appeals are likely to determine the legislators’ rights and obligations under the state Constitution and open records laws.
Kouchi and the attorney declined, through spokeswoman Jill Kuramoto, several requests made over a week to answer follow-up questions about the letter, including whether the Senate planned to delay all public records requests until the completion of the pending appeals.
Arguing against the Center for Food Safety appeals, an attorney for the House of Representatives said that based on the state constitution, individual legislators are immune from such requests. The Senate weighed in with letters making similar arguments to the House, saying any decision in the case would also impact the Senate.
The arguments made by the House prompted Brian Black, president and executive director of the Honolulu-based Civil Beat Law Center for the Public Interest, to file a motion intervening in the Center for Food Safety case.
“Because they essentially said the individual legislators are exempt from the public records law, that just impacts way too many records on a wholesale basis,” Black said in an interview. “I couldn’t just let it pass.”
When resolved, the appeals involving the Center for Food Safety could determine what emails, communications and meeting information individual lawmakers are required to disclose to the public.
“The reason that Hawaii passed their public records law is so that citizens can have some oversight to what the elected officials are doing,” van Saun said. “And when they completely deny that access, in violation of that law, it just begs the question, what are they trying so desperately to cover up?”
House Speaker Joseph Souki said the Legislature is excused from providing emails and personal records because it allows lawmakers to talk freely with their constituents.
Black said he understands that argument, but it shouldn’t be relevant to the Center for Food Safety case because they’re asking for communications with lobbyists, not constituents.
Resolving the Center for Food Safety appeal will likely take a year or more, said Cheryl Kakazu Park, director of the state Office of Information Practices. The staff is working on finishing older cases, including two filed in 2013, she said. Once Park’s office is done with the appeals, either party can take the matter up with the courts, meaning further delays.
“The Legislature is balking, and the public records law is not a law for providing information that you’re comfortable disclosing,” Black said. “It’s a law that is intending to provide access to what the people are interested in getting, not what you’re comfortable producing.”
51 responses to “Hawaii dispute could impact lawmakers’ disclosures to public”
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What do they have to hide? Crooks? Cheats? Fraud? If Jill F. is in the picture it got to be another Inouye Cronies move. BS!
Is it time to take it to the streets?
AMEN!
They have a lot to hide. The monopoly party out here has taken the tax payers for a ride. A very expensive ride.
Not when compared to republicans. Welfare for the rich is no solution to anything. Shame the republican party no longer stands for traditional republican values.
Shame on you boots,as a party voter then a real voter. It’s not about the party. it’s about the people and it’s needs not the party. Time for you too wake up and smell the roses.
BTW: Are you entered in the UH 3 Minute Oral-Thesis Competition, April 16th?
Both Democrats and Republicans are taking the tax payers and the environment on a ride to hell.
Most of these corrupt fools are doing a Clinton special anyway and using a private email address to communicate with their special interest benefactors and their lobbyists. The elected politicians in this state are totally out of control, they’ve been in power for so long they think they can do just about anything and get away with it. Hmm… maybe they can.
Like cockroaches when the light goes on, they all run for cover when someone shines a light on what they’re doing and asks questions.
Much like slimy vampires (apologies to vampires for comparing you to politicians), these legislators are so afraid of sunshine…
Just LEGALIZE and pass the Bill! It’s been going on for so long it’s a way of life in Hawaii!
YOU ELECT THEM! Until the Voter’s demand and implement VOTER/CAMPAIGN REFORMS–nothing will change…
https://youtu.be/xIraCchPDhk
Nothing says better they have something to hide. Where is the FBI? Wake up!
Stop complaining! Just don’t vote for these clowns anymore.
A lot of those that vote, feel it’s their constitutional right and that they are like pawns, beings asked to be on the frontline in a war. Doesn’t matter how much people don’t vote, those that do vote keep on electing the same people. Hence, only one solution: terms limits on ALL offices.
>>> terms limits on ALL offices
Naw, that’s not a good solution, I think. Then you only have amateurs in office. After all, it takes eight to ten years to get good at most any job; then, you’re going to toss them out, just as they are learning what to do?
Amateurs are BETTER as they will more likely do what is best for the public instead of fort themselves. It is the long term ones that learn how maximize the greasiness of their palms. The State of Hawaii would be better off if they only meet every other year. What does that say how much DAMAGE ‘experienced’ legislators due to the public. What do experienced legislatiors and other govenment officials do first? They propose NEW taxes and raises fees. If some department like UH, DOE and the rest do not have enough money then their only solution is to cut programs or take it from somewhere else in the budget. ‘Experienced’ elected officials solution is to INCREASE their budget like trying to raise the GET by .5% for the DOE or taking money from the HTA or elsewhere to give it to Uh atheletics.
“toss them out, just as they are learning what to do.” What you are saying is just when the learn how to rip off taxpayers, become lapdogs to special interest groups, take months and months to get anything done, become brain dead willfully fail to do their jobs to standard.
Exactly why term limits are the way to go. 8 years and you are done. Banned from holding any position, lobbyist, volunteer, any position where you would come into contact with other elected bureaucrats.
It might take 8 years for you to get good in your job, the rest of us can do it in half the time or less.
agree…but they won’t allow a bill to go through and we don’t have the right to hold referendums.
But who else to vote for? Certainly not a republican from the party of NO!
Well…in this instance it’s Hawaii Democrats is the party of NO!
.“And when they completely deny that access, in violation of that law, it just begs the question, what are they trying so desperately to cover up?” a tryst
Only in the NEI…we have only a one party system(D) …now we’re feeling the wrath of not being balanced without any oppositional party….Oh Well?…election time is coming up and the voters MUST vote incumbents OUT if you’re tired of the same ole same ole.
I don’t like it either but it’s not just here. Opacity is a legislative way of life almost everywhere except perhaps, Wisconsin. (See the article from about a week ago.)
All three of them in the photo looks like they have something to hide.Democrats or Republican they should go in and investigate everyone of them.
Remember this come the November election! Who do these people think they are?
Hawaii legislators are a pawn to every special interest willing to offer contributions to their personal accounts and campaigns as well as those who give them jobs when not in session. Right Jill Tokuda…bet you appreciate Jennifer Sabas as you support everything related to Rail. Kick all of them out as they no longer represent the people.
Again, the Hawai’i senate is full of kaka. I am a democrat but I hate this senate, self-serving with huge egos. Just Shibai.
honu–wouldn’t you love to see all the emails and other conversations involved in the RAIL vote??? Particularly from the lobbyists!!!!
AP asking for emails and calendars of Senate President Ronald Kouchi? I can see the pushback. That information is personal. It’s like ‘Big Brother’ listening in to private phone conversations and emails.
“House Speaker Joseph Souki said the Legislature is excused from providing emails and personal records because it allows lawmakers to talk freely with their constituents” ??.
Black clarified that it was mainly with lobbyists, who would probably amplify their findings to SA.
Definition of a Bad Lawyer- one who makes a case last for years.
Good Lawyer – One who makes a case last even longer.
All I can say is Term Limits for Legislators need to be revisited.
Yobo, all information to and from the County and State government, belongs to all its citizens. The is no secret, period. Only information that can be classified “Secret” is to protect the Nation. Think about it, why must the County or State government hide anything. Unless, they are doing something illegal. Even, I couldn’t understand holding “Executive” meetings and stongly opposed them.
kuroiwaj – Information that is displayed by means of an email system owned by county/state government does not belong to its citizens. The owner to that information belongs to the county/state govt.
Communication can be personal at times and can contain real truths behind closed doors. Would you want a personal attack between two opposing parties to be uncovered by the public? I don’t think the public can stomach all that drama.
If there was anything illegal that the legislators were doing then a subpoena would be issued and they would have to fork over those emails. Kinda like what the justice dept is doing to get Hillary to do, however she somehow ordered her IT guy to delete ‘classifie’ Top Secret emails in some cases (~300) from her server.
Yobo, the problems of government, County or State, begins with ideals such as yours. Of course the email information written by an employee or elected official on a government owned equipment belongs to the government, which is you and me. If the employee or elected official wanted to hid communications, then use a personal equipment. County and State do not have communications that are “Secret.”
Personal? Kind of like how the Republicans are trying to rip Clinton a new one for her emails? The difference is, that Clinton turned over her emails, this senate has not. I guess it’s easier to act like they are transparent even when they are not. Both parties are liars, Hawai’i’s Democrats just do it with Aloha.
Honu, Hillary Clinton’s problem is all the emails were during her job as Secretary of State, a Federal Government appointment. Her Constitutional job was to protect the Country, the United States of America. She failed and the FBI are investigating thousands of “Secret and higher” emails that impact the Country.
Get over Hillary’s emails. There has been no warrant issued as her emails are a non-issue. Her emails weren’t even labeled “classified” until after the investigation began. Let it go, already. Instead, focus on the 20+ emails that Cheyney and his fun bunch were actually caught deleting. Or, were Cheyney and friends given a hall pass on that?
That’s 20+ MILLION emails Cheyney and monkeys were caught deleting.
Seaborn. Highe level officials are clearly informed that ‘Classified’ emails and above (eg SAP) are NOT classified because of a label, rather their CONTENT. If Hillary was too ignorant and stooopid to know what a classified email would contain she does NOT deserve to be President of the US.
Seaborn, I carried a Secret clearance during my military service because of my MOS. What did you have following the FBI checks?
Clinton undoubtedly broke federal law just by setting up that private server in her home and using it for state dept. business. The only reason she hasn’t been indicted is because Obama supports her bid for the presidency and probably wants to be appointed to the SC.
You should be wondering why she set up the email server in her home in the first place. There can only be one reason, to hide or protect her communications from those who would seek to use them against her.
You folks just keep on with your email tantrums, nothing’s going to come of it or it already would have.
it’s obvious these people have something to hide.
why deny transparency.
>>> what are they trying so desperately to cover up?
Indeed.
Probably the kind of emails Chris Christie’s staff detailed how they would create traffic jams as political payback or how they would get their palms greased for voting a certain way or proposing legislation solely to benefit a special interest group like a union or heavy donor
Nothing to see here, Move along, Move along. Go back to sleep.
What if SA said “this blog is our domain, so we will include your address (or real name) along with your post.” We would either fight back or stop blogging. Just as these legislators, they need to push back, give in or quit politics. Further more, you think the Center for Food Safety wants all their emails just for the hell of it? No, they, too, have a sinister plan for those that are against their interest. Civil Beat is in the newspaper business. They need to make a buck, too.
Throw them all out and start over. With term limits.
It’s OK, You are representatives of the people. It is NOT your job to cater, oblige and kowtow to special interest business, unions or your Aunt T. You are doing the people’s business and nothing more. Buddy Deals, Kickbacks and Looking out only for yourself is all to often part of the Hawaii Political process. It should be made mandatory, that ALL correspondence related to Laws and Bills passed in this State be made available when properly requested. MORE transparency is needed, not LESS.
What happened to the sunshine laws that required openness of government? Yeah, and what are you hiding from us?
All the hee-haw about the 2 dominant political powers amount a lot of hot air with little substance when everything is settled and dust is cleared. Much of ills of the nation and states are caused by special interest groups with enormous resources like the lobbyists and big unions. They call the shots, the legislators are mere pawns like puppets on strings
Secrets secrets secrets conspiracy extortion manipulation lies. That’s what Hawaii became victim to. #Kaaihue4Mayor #TakeBackHawaii