Society of Professional Journalists, Hawai'i Chapter League of Women Voters of Hawai'i
Right To Know Committee Big Island Press Club Hawai'i Pro-Democracy Initiative
Open Government Coalition of Hawaii Honolulu Community-Media Council
Citizen Voice Kauaians for Open Government SPJ UH Chapter
P.O. Box 3141 Honolulu, Hawai'i 96802 808-529-4755 spj@flex.com
March 14, 2006
News Release
2006 Freedom of Information Compliance Audit
Ten community organizations today released the first Freedom of Information Audit of Hawaii government records.
Thirty-three volunteers mostly from the League of Women Voters fanned out in February across the state to request records that are unquestionably public records and should be released to a requestor upon request.
What they found was a pattern of defensiveness and reluctance.
Compliance was pretty good as 43 of 59 record requests were met. But it took persistence by the volunteers. Only 17 of the 59 record requests were fulfilled on the first visit.
We wanted to make two points:
Sponsors of the audit are: Society of Professional JournalistsHawaii Chapter, League of Women Voters of Hawaii, Right to Know Committee, Honolulu Community-Media Council, Big Island Press Club, Kauaians for Open Government, Hawaii Pro-Democracy Initiative, Citizen Voice, SPJ University of Hawaii Chapter, and Open Government Coalition of Hawaii.
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Society of Professional Journalists, Hawai'i Chapter League of Women Voters of Hawai'i
Right To Know Committee Big Island Press Club Hawai'i Pro-Democracy Initiative
Open Government Coalition of Hawaii Honolulu Community-Media Council
Citizen Voice Kauaians for Open Government SPJ UH Chapter
P.O.Box 3141 Honolulu, Hawai'i 96802 808-529-4755 spj@flex.com
March 14, 2006
Report on Results of the
2006 Freedom of Information Compliance Audit
Since 1998, Society of Professional Journalists chapters have conducted FOI Audits in over 25 states around the county (http://foi.missouri.edu/openrecseries/). These FOI audits assess the degree to which state and local governments comply with open records laws, and help promote public awareness of freedom of information issues.
Last month, the first FOI Audit was conducted in Hawaii. Ten organizations sponsored the Hawaii FOI Audit, including the Society of Professional JournalistsHawaii Chapter, League of Women Voters of Hawaii, Right to Know Committee, Honolulu Community-Media Council, Big Island Press Club, Kauaians for Open Government, Hawaii Pro-Democracy Initiative, Citizen Voice, SPJ University of Hawaii Chapter, and Open Government Coalition of Hawaii.
Co-chairs of the 2006 Hawaii FOI Audit are Beverly Keever, Right to Know Committee chair, and Stirling Morita, SPJ Hawaii FOI chair. The FOI Audit was scheduled to coincide with national Sunshine Week and the Annual FOI Day Luncheon. Public awareness about the audit is also intended to build support for open government bills at the Legislature.
Instead of having journalists make FOI records requests like most mainland FOI Audits, the Hawaii audit utilized citizen volunteers to avoid having agencies give journalists favorable treatment. The League of Women Voters helped recruit volunteers to submit FOI record requests. There were 33 volunteers; 14 on Oahu and 19 on the neighbor islands. FOI record requests were submitted by audit volunteers over 9 business days, starting on February 7.
THE RESULTS
A total of 59 record requests were submitted in this audit; 43 requests were fulfilled and 16 not fulfilled. Two of those unfulfilled requests were granted viewing only, but requests to copy those same records were denied. Of 43 requests fulfilled, 17 were fulfilled on first contact with the agency, 11 on the second, and 15 on three or more contacts.
Record requests were made to 25 state agencies and 34 county agencies. County record requests included 13 on Kauai, 8 on Oahu, 5 on Maui, and 8 on Hawaii, with 6 in Hilo and 2 in Kona. The 16 unfulfilled requests included 4 at state agencies and 12 at county agencies.
The records selected for this audit were suggested by the Society of Professional JournalistsHawaii Chapter. The types of open government records included: travel expenses, personnel lists, non-bid contracts, consultant contracts, office space and land leases, legal settlements, legal services, criminal information, and restaurant inspection reports.
WHY DO YOU WANT TO SEE THE RECORDS?
One third of the FOI requests in the audit 19 record requests involved volunteers being asked why they wanted the record. When this question is posed, it could have a chilling effect on citizens making FOI requests, even if asked in friendly conversation. If an agency required the information before releasing a record, the question would be improper. Among record types, agency personnel records had the highest rate of staff asking requesters both their purpose and identity, 7 out of the 8 requests.
Providing ones identity can often make it easier to implement a records request, as was likely in most of the 39 times agencies asked requesters in this audit. But agencies should also respect the rights of citizens who may wish to maintain anonymity in FOI requests. Exercising citizen access rights to government records should not be hindered by any requirements, implied or otherwise, not required by law.
IT TAKES PERSISTENCE
In the audit, 17 record requests were fulfilled on the first contact with the agency. However, 35 or 60% of all FOI requests required one or more follow-up contacts to pursue release of public documents. Among the 59 record requests attempted, there were 25 instances in which volunteers were unable to submit their request on the first contact. In 32 of the requests, front desk agency staff were not able to handle FOI requests without the assistance or approval of their supervisor.
In analyzing results of this first Hawaii FOI Audit, it should be noted that audit volunteers were trained and may have been more persistent in pursuing records requests than ordinary citizens. Also, project staff provided advice and assistance to volunteers that would not normally be available to citizens. In 49 of the 59 requests for records, audit volunteers visited the government agencies in person, at least on their first contact with the agency.
Mahalo to the following members of the League of Women Voters who helped recruit volunteers on their island: Joshua Cooper, Maui; Sue Irvine, Big Island; Carol Bain, Kauai; and Jean Aoki on Oahu. FOI Audit sponsors also wish to thank Senator Les Ihara, Jr. and his staff for their invaluable support of this project.
Government Records in 2006 Hawaii FOI Audit
1. Travel expenses for the governor, senate president, house speaker, chief justice, two mayors, and all county council chairs
2. Personnel lists for offices in five state agencies, a county agency, as well as salary levels for house and senate permanent staff
3. Non-bid contracts issued recently by state and all county governments
4. Consultant contracts for three state agencies
5. Leases of office space and land by the state and counties of Honolulu, Kauai, and Hawaii
6. Legal settlements for two state departments and two counties
7. Legal services for private attorneys contracted by the state and the counties of Honolulu, Kauai, and Hawaii
8. Criminal information, including arrest logs for all counties, and sex offender registration data for two neighbor island counties
9. Restaurant inspection records from the state Department of Health offices on three islands
10. County building permits for properties on Oahu and Kauai
11. Meeting minutes from all county councils, a state board, and two county boards
SAMPLING OF FOI Audit Requests