Refusals to Follow Administrative Rules Re

Refusals to follow Administrative Rules Re: Non-certified copies

My non-certified abbreviated copy of a birth certificate request:

—– Original Message —–

From: Nellie (redacted)

To: Okubo, Janice S.

Sent: Thursday, December 10, 2009 1:41 PM

Subject: Request for Non-certified Abbreviated Copy

12-10-09

Aloha!

Persuant to Chapter 8b of Public Health Regulations, 2.5(B)(2) I request a non-certified abbreviated copy of President Obama’s birth certificate, with date of birth and ethnicity redacted.

My usual signature is (redacted) and my mailing address is (redacted). I prefer to receive the document as an electronic copy via e-mail to redacted, with electronic signature from your office or cover letter with legal signature verifying that the e-mail is from your office. The OIP’s June 2008 booklet on UIPA, posted at at http://hawaii.gov/oip/UIPA%20Manual%205aug08.pdf , describes the process you need to take: Get the record, copy it, black out parts to be redacted, and send it. Page 37 of that booklet says that “Where a record is easily accessible, the agency should not delay its disclosure. In such a case, disclosure on the 10th day, absent other circumstances, would likely not be reasonable.”

HRS 338-18 governs disclosure of vital records and says: (a) To protect the integrity of vital statistics records, to ensure their proper use, and to ensure the efficient and proper administration of the vital statistics system, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital statistics records, or to copy or issue a copy of all or part of any such record, except as authorized by this part or by rules adopted by the department of health.”

“Public Health Regulations” 8b, adopted on Feb 23, 1976, is one such rule authorizing the issue of a non-certified abbreviated copy of a birth certificate to any person or group who asks for it. See Sec 2.5 B(2)

The OIP booklet on UIPA says that records which are not required to be made public are still considered public records unless they meet one of 5 exceptions – none of which apply to Obama’s birth certificate, unless it is the subject of a criminal investigation. Page 34 of the OIP booklet says, “Where an agency denies access to a record, the agency has the burden of justifying its withholding under an applicable exception.” I therefore ask that if you claim a privacy exception you state which of the 9 instances (listed on page 17 as legitimate privacy issues) you are citing to justify your denial.

The OIP does recognize a significant privacy interest in “his or her home contact information, date of birth, and ethnicity”, so I expect those parts to be redacted. But page 16 says “If an exception only applies to a portion of a record, the agency must provide access to the remaining portion of the record.” That would include any parts of that record which do not qualify for the privacy exceptions – statements such as what amendments have been made, date of filing/acceptance, certificate number, the title on the document, etc.

I have sent this with a request for a receipt that you have “Read” my e-mail. I haven’t been receiving those receipts when I’ve requested them, after the first 2 I received. If I don’t receive a “Read” receipt by noon, Hawaii time, I will re-send this e-mail every hour until I get a “Read” receipt.

So I look forward to receiving, within 10 business days (by Dec 23rd), the non-certified abbreviated copy of President Obama’s birth certificate, with only the date of birth and ethnicity redacted, as is required of you by current statutes and rules.

Thank you.

Nellie

Cc, with “Read” receipt requested: Chiyome Fukino

OIP

Their reply:

From: Okubo, Janice S.
Sent: Friday, December 11, 2009 3:06 PM
To: Nellie (redacted)
Subject: RE: Request for Non-certified Abbreviated Copy

Aloha Ms. (redacted),

In response to your request:

State law prohibits our agency from disclosing any vital statistics records or information contained in such records unless the requestor has a direct and tangible interest in the record, or as otherwise allowed by statute or administrative rule. Therefore, we cannot send you a non-certified, abbrevated copy of President Obama’s birth certificate, with date of birth and ethnicity redacted. Please refer back to the entire text of “Public Health Regulations” 8b, adopeted on Feb 23, 1978, for a complete explanation. Sec 2.5 B(2) refers to Sec. 2.2 which further explains how information is made available.

——————————————————————————–

From: Nellie (redacted)
Sent: Tuesday, December 15, 2009 11:13 AM
To: Okubo, Janice S.
Subject: Re: Attempt 7: Request for Non-certified Abbreviated Copy

“Public Health Rules” Chapter 8b, 2.5B2 says you are supposed to give a copy of the birth certificate containing the information that is included as index data. It doesn’t say you are to give index data. The heading on that section says “Copies of Birth Certificates”.

I’m asking for a non-certified abbreviated copy of President Obama’s birth certificate, including only the filled-in information that is appropriate.

Their response after I contacted the Ombudsman’s Office:

—– Original Message —–

From: Okubo, Janice S.

To: Nellie (redacted)

Sent: Tuesday, December 15, 2009 2:59 PM

Subject: RE: Attempt 7: Request for Non-certified Abbreviated Copy

Aloha Ms. (redacted),

It was brought to my attention the response I provided to your request for a non-certified copy may need additional clarification. The following is provided as further explanation of Public Health Regulations 8b:

State law prohibits our agency from disclosing any vital statistics records or information contained in such records unless the requestor has a direct and tangible interest in the record, or as otherwise allowed by statute or administrative rule. In support of your request for records to which you are not entitled, you have quoted Chapter 8B of the Public Health Regulations, Section 2.5B.(2) which states: “A non-certified copy containing only such information as is listed in accordance with Section 2.2 may be provided to any person or organization requesting it.” If you look at Section 2.2, you will see that the list of vital events that is to be made available to the public is only that information which the Director of Health considers appropriate. That information has been codified at Hawaii Revised Statutes, Section 338-18(d) as “index data,” and includes only name and sex of registrant and type of vital event. The Director has not authorized any additional vital record information to be made public. In this context, the administrative rule you have cited does not provide authority for you to get anything other than the publicly available index data.

The index data regarding President Obama is:
Birth Index
Obama II, Barack Hussein
Male

There is no other public vital record information.

——————————————————————————–

—– Original Message —–

From: Okubo, Janice S.

To: Nellie (redacted)t

Cc: linden.h.joesting@hawaii.gov

Sent: Monday, December 21, 2009 8:42 PM

Subject: RE: Attempt 7: Request for Non-certified Abbreviated Copy

Aloha Ms. (redacted),

The response to your request is contained in my email of December 15, 2009 at 2:59 p.m.

——————————————————————————–

Death Certificate Request:

——————————————————————————–

From: Nellie (redacted)
Sent: Wednesday, December 16, 2009 10:02 AM
To: Okubo, Janice S.
Subject: Request

12-16-09

Aloha!

Pursuant to “Public Health Regulations”, Chapter 8b, 2.6C, I request abbreviated copies of the death certificates for Madelyn Payne Dunham and Stanley Ann Dunham.

My usual signature is (redacted) and my address is (redacted). I prefer to receive these copies in electronic form, via e-mail to (redacted) . If there is a $2 fee for each copy, please let me know what method I should use to pay for them.

Thank you.

Nellie

—– Original Message —–

From: Okubo, Janice S.

To: Nellie (redacted)

Cc: linden.h.joesting@hawaii.gov

Sent: Monday, December 21, 2009 8:54 PM

Subject: RE: Request

Aloha Ms. (redacted),

State law prohibits our agency from disclosing any vital statistics records or information contained in such records unless the requestor has a direct and tangible interest in the record, or as otherwise allowed by statute or administrative rule. In support of your request for records to which you are not entitled, you have quoted Chapter 8B of the Public Health Regulations, Section 2.5B.(2) which states: “A non-certified copy containing only such information as is listed in accordance with Section 2.2 may be provided to any person or organization requesting it.” If you look at Section 2.2, you will see that the list of vital events that is to be made available to the public is only that information which the Director of Health considers appropriate. That information has been codified at Hawaii Revised Statutes, Section 338-18(d) as “index data,” and includes only name and sex of registrant and type of vital event. The Director has not authorized any additional vital record information to be made public. In this context, the administrative rule you have cited does not provide authority for you to get anything other than the publicly available index data.

The death index data for Madelyn Payne Dunham and Stanley Ann Dunham is:

DEATH INDEX

DUNHAM, MADELYN LEE PAYNE

Female

DEATH INDEX

DUNHAM, STANLEY ANN

Female

Marriage Certificate Request:

From: redacted
Sent: Tuesday, December 22, 2009 7:58 AM
To: Okubo, Janice S.
Subject: UIPA Request

12-22-09

Aloha, Ms. Okubo.

Pursuant to UIPA and the express authorization for disclosure found in “Public Health Regulations”, Chapter 8b, 2.8, C, I request a non-cerrtified copy of the marriage certificate for the marriage uniting Barack Hussein Obama and Stanley Ann Dunham. I prefer to receive it in electronic form, via e-mail to (redacted).

Thank you.

Nellie

—– Original Message —–

From: Okubo, Janice S.

To: Nellie (redacted)

Sent: Tuesday, January 05, 2010 6:00 PM

Subject: RE: UIPA Request

Aloha Ms. (redacted),

The Department of Health has responded to your previous e-mail requesting a non-certified copy of a vital record; please refer to the response sent on Dec. 11 regarding non-certified copies of vital records.

——————————————————————————–

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2 Trackbacks

  1. By Red Flags in Hawaii « Butterdezillion's Blog on January 11, 2010 at 7:45 pm

    […] leaving HRS 338-18 rulings up to the DOH. All DOH responses contain deceptions #1&2, including disobeying their own rules for non-certified abbreviated copies of birth, marriage, and death certificates.  […]

  2. By Red Flags in Hawaii « The Ghostfighters on February 1, 2010 at 2:19 am

    […] leaving HRS 338-18 rulings up to the DOH. All DOH responses contain deceptions #1&2, including disobeying their own rules for non-certified abbreviated copies of birth, marriage, and death certificates.  […]

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