FOIA at Work: ABC Spent $228 Million Filming "Lost"

The Honolulu Advertiser used a FOIA request to discover that the ABC series "Lost" spent $228 million filming in Hawaii from 2006 to 2009 and employed an average of 973 people for each of the four years.

For more information, click here.

Is There Such a Thing as Too Much Sunshine?

In Arizona and Hawaii, efforts to shut down repeated open records requests renew the age-old debate whether requests should be limited so that government agencies can conduct business.

Readers of this blog know where we stand. The Congress Elementary School District's lawsuit against four women for harassment through records requests with repeated requests could have a chilling effect on democracy far beyond the small Arizona school district. Similarly, Hawaii's efforts to restrict the rights of a "vexatious requester" is equally disturbing.

Read more about these efforts here.

Cutting Off Rights to Records for "Vexatious Requesters"

Frustrated after receiving repeated requests for President Obama's birth certificate, the Hawaii House Judiciary Committee heard a bill permitting government officials to ignore so-called "birthers" who won't give up the claim that Obama is ineligible to serve as president because he doesn't meet constitutional requirements.

If the measure passes, the state Office of Information Practices could deem an individual a "vexatious requester" and restrict rights to government records for two years.

The Associated Press reports Rep. Cynthia Thielen (R-Kaneohe-Kailua) questioned, "Do we really want to be known internationally as the Legislature that blocked any inquiries into where President Obama was born?"

Attorney Peter Fritz suggested the state simply respond that it would only answer each person's request once, instead of passing a law to punish repetitive requests for open records.

Read more about SB2937 here.

Hawaii Agency Testifies in Favor of "Vexatious Requester" Law

Hawaii's Office of Information Practices, a state Executive branch, testified in support of a bill that would give the agency authority to label certain requesters of state government "vexatious."

The Acting Director of the OIP Cathy Takase said state law does not permit an agency to ignore a records request "even where there may be a legitimate justification for not responding."

Proponents of the bill cite repeated requests to the Hawaii Department of Health for access to President Barack Obama's birth certificate, despite the fact that President Obama posted a copy of the certificate on his former campaign website.

Read more here.

FOI Request Reveals Millions Spent on PR Campaign for Honolulu Rail

HonoluluAdvertiser.com reports $5.6 million have been spent on a public information campaign for a planned Honolulu rail project, with $3 million of the spending occurring since June 30, 2008.  Critics say the campaign went beyond public information to advocacy and lobbying efforts in advance of the November 2008 vote on the rail project.  The East Kapolei to Ala Moana rail project passed by a 51 percent to 46 percent margin.

The spending was disclosed in response to an August 27 FOI request by The Advertiser.   Get the full report here. 

Hawaii City Council must cancel closed-door actions

A circuit judge issued a temporary restraining order that essentially forces the Hawaii County Council to cancel a council reorganization plan that it discussed in a private meeting, the AP reported. The council will meet on Aug. 4 to rehear all measures. This order was prompted by a lawsuit filed by West Hawaii Today that alleges that the council violated the Sunshine Law by discussing the plan in private.

Members of the Hawaii County Council violated the state’s open-government law by privately discussing a council reorganization plan, a state judge said.

Circuit Judge Ronald Ibarra on July 23 issued a temporary restraining order, forbidding the council from doing business. But he delayed the start of the TRO until Aug. 5 to give the council time to rectify the situation.

The council has scheduled a special meeting for Aug. 4 to cancel the reorganization. It also plans to rehear all measures it considered after the June 16 changes went into effect.

More here.

Hawaii-based federal fishery council refuses to comply with FOIA

The Western Pacific Regional Fishery Management Council has refused to turn over requested files concerning its budget, grants and contracts. Citizen groups, concerned about overfishing and other conservation issues, have sued the WESPAC as well as the National Oceanic and Atmospheric Administration and U.S. Department of Commerce for not flexing their oversight muscles to help the plaintiffs obtain the documents.

A lawsuit seeking basic government documents has been filed in Federal District Court against the Western Pacific Regional Fishery Management Council (WESPAC), the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Department of Commerce (DOC) by the Conservation Council for Hawaii, KAHEA The Hawaiian-Environmental Alliance (KAHEA), and the LOST FISH Coalition (collectively referred to as "plaintiffs").

The lawsuit was filed to gain access to documents requested by the plaintiffs in a November 14, 2007, Freedom of Information Act (FOIA) request submitted to WESPAC seeking basic budget, grant, and contract information. Tina Owens from the LOST FISH Coalition said, "In addition to shedding light on the long-hidden and most basic internal operations of this controversial federal entity, the documents may also shed light on how WESPAC funds may have been used in what appears to be various lobbying campaigns to influence state and federal legislative and executive branch decisions related to marine conservation in Western Pacific waters."

Miwa Tamanaha, KAHEA Executive Director noted, "Wise, sound, community-based management requires accountability and transparency. If there is nothing improper, then there should be nothing to hide. With the situation of our ocean resources so imperiled, it is ridiculous that citizen groups should have go to these lengths to get basic information about use of our public dollars."

More here.