DOH Falsifies Communication Record

DOH Deletes Critical Communications from E-mail History

 

Looking at my “Sent Messages” I see all the communications I had regarding a single request to see the definitions or forms for abbreviated and standard birth certificates, Certification of Live Birth, and verification forms. Hawaii law requires that all forms used by a department be available for the public to see, along with documents explaining the procedures the department uses to process those forms – including answering questions to explain unclear terminology. Everything I asked for is supposed to be on hand at the department for anybody to see on request.

I found that:

  1. What the department claims is the “standard birth certificate” does not meet the requirement in Hawaii law – that the standard birth certificate have AT LEAST the items required by the US standard birth certificate, which currently has over 50 items.

 

  1. The DOH removed my critical e-mails from the communication log included in their e-mail responses to me, in order to paint me as mentally ill according to OIP Director Cathy Takase’s definition of mentally ill – unable to recognize when the response has already been received – which would allow her to label me as a “vexatious requestor” and blacklist me for 2 years if Will Espero’s “Vexatious Requestor Bill” becomes law as strongly recommended by Takase.

 

It’s long. It will either make you laugh or make you cry, but here’s the history of ONE request for documents which are supposed to be readily-available for anyone who asks. A summary is in bold at the end.

Communication #1 

—– Original Message —–

From: Nellie

To:
Okubo, Janice S.

Sent: Monday, December 21, 2009 6:02 PM

Subject: UIPA Request for Forms

12-21-09

 
 

Aloha, Ms. Okubo

 
 

“Public Health Regulations, Chapter 8b, 2.4 B (2), (c) and (d) give the director of the DOH the discretion to decide what is to be contained on abbreviated copies, but abbreviated copies may only be issued when ALL the information required on the abbreviated form is included on a person’s original birth certificate on file. Pursuant to UIPA, I request either the department documents which describe what information is required to be included on an abbreviated copy of a birth certificate OR a blank, voided copy of the form for an abbreviated birth certificate.

 
 

I also request any documents defining  “standard birth certificate”, “abbreviated copy of a birth certificate”, “Certificate of Live Birth”, and  “Certification of Live Birth” as well as listing the the required information for each.

 
 

I also request any documents clarifying the difference between a verification and a Certification of Live Birth.

 
 

I prefer to receive these as electronic copies, e-mailed to (redacted).

 
 

As always, I will continue sending this request until I receive confirmation that you have received it.

 
 

Thank you.

Nellie

Communication #2 (I forwarded the original e-mail under a different subject when I did not receive a response to the “Read Receipt” I requested.

From: Nellie
Sent: Monday, December 21, 2009 3:34 PM
To: Okubo, Janice S.
Subject: 2nd Attempt: Standard, Abbrev, COLB, verification

Communication #3

—– Original Message —–

From:
Okubo, Janice S.

To:
Nellie

Sent: Tuesday, January 12, 2010 5:04 PM

Subject: RE: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. ,

I have confirmed with our vital records office that there are no documents that provide the definitions you are requesting.  I have attached a blank, voided copy of the form for a Hawaii birth certificate which includes what information may be included, however not all information on the certificate is required.  For example, if a child does not have an identified father, there would be no father’s name, race, or state/country of birth.


Communication #4 

—– Original Message —–

From: Nellie

To:
Okubo, Janice S.

Sent: Monday, January 18, 2010 7:45 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

Since you don’t have anything that defines a standard birth certificate, please show me a blank, voided copy of the form for a standard birth certificate, including the confidential portion referred to in Chapter 8b 2.4(B)(d), the place for signatures as referenced in Chapter 8, section 1, Chapter 8a, Section B (2)(b), and Chapter 8a, 4(b)(6).

 
 

Since you don’t have a definition for a Certificate of Live Birth, I request you to send a blank voided copy of a Certificate of Live Birth.

 
 

I also request a blank voided copy of a Certification of Live Birth.

 
 

I request to see a blank voided copy of a verification of a birth certificate.

 
 

This form for an abbreviated copy of a birth certificate has the “prima facie” statement on it. Please send a blank voided copy of both the standard copy and abbreviated copy form used when a certificate no longer qualifies as prima facie evidence – such as amended or delayed birth certificates.

 
 

I request to see a blank voided copy of a “Late” or “Delayed” birth certificate.

 
 

Thank you.

Nellie

Communications #5

—– Original Message —–

From:
Okubo, Janice S.

To:
Nellie

Sent: Thursday, January 28, 2010 8:55 PM

Subject: RE: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. ,

Please see the attachments in response to your requests.  The standard birth certificate and late certificate of birth are attached.  Please see below for additional information.

Janice Okubo
Hawaii State Department of Health


From: Nellie
Sent: Monday, January 18, 2010 3:46 PM
To: Okubo, Janice S.
Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

Since you don’t have anything that defines a standard birth certificate, please show me a blank, voided copy of the form for a standard birth certificate, including the confidential portion referred to in Chapter 8b 2.4(B)(d), the place for signatures as referenced in Chapter 8, section 1, Chapter 8a, Section B (2)(b), and Chapter 8a, 4(b)(6).

A redacted birth certificate is attached.

 
 

Since you don’t have a definition for a Certificate of Live Birth, I request you to send a blank voided copy of a Certificate of Live Birth.

A redacted birth certificate is attached.

 
 

I also request a blank voided copy of a Certification of Live Birth.

A redacted birth certificate is attached.  Earlier versions of this form cannot be produced by the department and the department does not maintain a copy of earlier vital records forms.

 
 

I request to see a blank voided copy of a verification of a birth certificate.

A verification of a birth certificate is the certificate itself.  The blank voided copy of a birth certificate is attached.  When someone requests a verification of a birth certificate, they follow the same procedures as they would to request a birth certificate.  If the birth record is found, a certified copy is sent to the individual.  If the birth record is not found, a letter is sent to the requestor saying that no record could be found.  Regardless of whether a record is found, the $10 prepaid fee is retained for the cost of the record search. (Ed: But see next-last paragraph here to see that letters of verification are distinct from the certificate.)

 
 

This form for an abbreviated copy of a birth certificate has the “prima facie” statement on it. Please send a blank voided copy of both the standard copy and abbreviated copy form used when a certificate no longer qualifies as prima facie evidence – such as amended or delayed birth certificates.

A redacted birth certificate is attached. There are no other records responsive to your request.

 
 

I request to see a blank voided copy of a “Late” or “Delayed” birth certificate.

A blank voided copy of a late birth certificate is attached.  In order to qualify for a late birth certificate the birth must have occurred a minimum of 12 months prior.

 
 

Thank you.

Nellie

Communication #6

—– Original Message —–

From: Nellie

To:
Okubo, Janice S.

Sent: Thursday, January 28, 2010 9:29 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

Where’s the confidential section for the standard birth certificate?

 Communication #7 (This had an enclosure)

—– Original Message —–

From:
Nellie

To:
Okubo, Janice S. ; governor.lingle@hawaii.gov ; LtGov@hawaii.gov

Sent: Thursday, January 28, 2010 11:26 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

1-29-10

 
 

Aloha.

 
 

Enclosed is an article describing what Hawaii law prescribes to be included on a standard birth certificate. As you can see, what you sent me comes nowhere close to fulfilling the legal requirements according to your current Administrative Rules.

 
 

The standard birth certificate template that you sent says it was revised in October of 2008. Please send me the public notice for the proposed repeal of “Public Health Regulations”, Chapter 8, Section 1, announcement of the public hearing, the approval and signature of Governor Lingle, and the effective date (on or before Oct 31, 2008) of that repeal of PHR Chapter 8, Section 1.

 
 

Unless this has been repealed, the standard Certificate of Live Birth that you are currently using is against Hawaii law, not meeting the minimum requirements set forth in the current Administrative Rules (PHR, Chapter 8, Section 1).

 
 

Also, HRS 338-18 describes situations where someone may be given a verification in lieu of a certified copy. How do you accommodate this provision?

 
 

In many UIPA requests I and other requestors were told that you could not issue a verification even when we asked for things that are not on the certificate – such as to see supporting documentation. We were told that you could not tell us whether those records exist because that would be a verification, which is forbidden. If your definition of verification is basically a certifed copy (which we never asked for), then what law or rule forbids you to acknowledge the existence of certain records other than the certificates themselves? You called it a verification and used the same rules for disclosure as if it was a verification – but it certainly doesn’t qualify for what you call a “verification”. Please clarify what you mean when you say a request for information not on a certificate is a “verification”.

 
 

Thank you.

Nellie

 
 

cc: Office of the Ombudsman

      Governor Lingle

      Lt. Governor Aiona

      Attorney General Mark Bennett

      State Registrar Alvin Onaka

Communication #8

—– Original Message —–

From:
hdohinfo

To:
(redacted)

Sent: Wednesday, February 17, 2010 1:22 PM

Subject: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. :

There has been no repeal of “Public Health Regulations”, Chapter 8, Section 1, and therefore we do not have a record responsive to your request.

Release of vital records are governed by Hawaii Revised Statutes 338-18.  The law restricts the release of vital records to only those with a tangible interest.  Verifying a record would also release information contained in the record and therefore is restricted.

Please clarify the records you are requesting in order for the department to respond to your request.  Unless a request for DOH records is specific enough to be understood, the request cannot be responded to by the department. 

Hawaii Department of Health

Public Information Office staff

 
 

Send mail to:

State Department of Health

Office of Health Status Monitoring

Issuance/Vital Statistics Section/UIPA Request

Honolulu, HI 97801

hdohinfo@doh.hawaii.gov

Communication #9

—– Original Message —–

From:
Nellie

To:
hdohinfo

Sent: Wednesday, February 17, 2010 1:56 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

Please send me a blank copy of the entire standard birth certificate including the confidential portion mentioned in PHR Chapter 8b, 2.4(b)(C). Also, please send any documents which authorize the DOH to release an ABSTRACT taken from a standard birth certificate rather than an actual COPY of a standard birth certificate when a person requests an actual copy of their birth certificate.

 
 

Thank you.

Nellie

Communication #10

—– Original Message —–

From:
hdohinfo

To:
(redacted)

Sent: Wednesday, March 03, 2010 6:33 PM

Subject: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. :

According to PHR Chapter 8b, 2.4(B)(d), confidential information is restricted to the person(s) on the certificate or the courts.

Hawaii Department of Health

Public Information Office staff

 
 

Send mail to:

State Department of Health

Office of Health Status Monitoring

Issuance/Vital Statistics Section/UIPA Request

Honolulu, HI 97801

hdohinfo@doh.hawaii.gov

Communication #11

—– Original Message —–

From:
Nellie

To:
hdohinfo

Sent: Wednesday, March 03, 2010 6:40 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

I am not asking for any one individual’s certificate. I am asking for a BLANK copy of the entire certificate of birth including the confidential portion. What you sent me includes only a tiny, tiny portion of the required 84(?) items for the US standard birth certificate – all the items of which Hawaii law requires to be on the Hawaii birth certificate. What you sent me may well be what you provide as a COPY of a birth certificate, but if that is all you have on your original birth certificates then you are in violation of Hawaii law.

 
 

Please send me a document containing all the items that are included on the original birth information to be provided by hospitals when they file electronically or the complete birth certificate form – including confidential portion – which must be filled out by someone filing a birth certificate for an unattended birth.

Communication #12

—– Original Message —–

From:
hdohinfo

To: (redacted)

Sent: Wednesday, March 03, 2010 6:59 PM

Subject: FW: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. :

Blank copies of the standard birth certificate and late certificate of birth were sent to you on January 18th—see email below.

Hawaii Department of Health

Public Information Office staff

 
 

Send mail to:

State Department of Health

Office of Health Status Monitoring

Issuance/Vital Statistics Section/UIPA Request

Honolulu, HI 97801

hdohinfo@doh.hawaii.gov


From: Okubo, Janice S.
Sent: Thursday, January 28, 2010 4:55 PM
To: Nellie
Subject: RE: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. ,

Please see the attachments in response to your requests.  The hdohinfo
standard birth certificate and late certificate of birth are attached.  Please see below for additional information.

Janice Okubo
Hawaii State Department of Health


From: Nellie
Sent: Monday, January 18, 2010 3:46 PM
To: Okubo, Janice S.
Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

Since you don’t have anything that defines a standard birth certificate, please show me a blank, voided copy of the form for a standard birth certificate, including the confidential portion referred to in Chapter 8b 2.4(B)(d), the place for signatures as referenced in Chapter 8, section 1, Chapter 8a, Section B (2)(b), and Chapter 8a, 4(b)(6).

A redacted birth certificate is attached.

 
 

Since you don’t have a definition for a Certificate of Live Birth, I request you to send a blank voided copy of a Certificate of Live Birth.

A redacted birth certificate is attached.

 
 

I also request a blank voided copy of a Certification of Live Birth.

A redacted birth certificate is attached.  Earlier versions of this form cannot be produced by the department and the department does not maintain a copy of earlier vital records forms.

 
 

I request to see a blank voided copy of a verification of a birth certificate.

A verification of a birth certificate is the certificate itself.  The blank voided copy of a birth certificate is attached.  When someone requests a verification of a birth certificate, they follow the same procedures as they would to request a birth certificate.  If the birth record is found, a certified copy is sent to the individual.  If the birth record is not found, a letter is sent to the requestor saying that no record could be found.  Regardless of whether a record is found, the $10 prepaid fee is retained for the cost of the record search.

 
 

This form for an abbreviated copy of a birth certificate has the “prima facie” statement on it. Please send a blank voided copy of both the standard copy and abbreviated copy form used when a certificate no longer qualifies as prima facie evidence – such as amended or delayed birth certificates.

A redacted birth certificate is attached. There are no other records responsive to your request.

 
 

I request to see a blank voided copy of a “Late” or “Delayed” birth certificate.

A blank voided copy of a late birth certificate is attached.  In order to qualify for a late birth certificate the birth must have occurred a minimum of 12 months prior.

 
 

Thank you.

Nellie

Communication #13

From: Nellie (redacted)
Sent: Wednesday, March 03, 2010 4:08 PM
To: hdohinfo
Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

If that is all that is on your birth certificate then you are in violation of Hawaii law. Even Dr. Conspiracy at obamaconspiracy.com has said that what you sent cannot be the entire birth certificate. I am asking you for the entire body of information that hospitals are required to report when they submit an electronic birth record or that a person is required to submit when they report an unattended birth. I am not asking for what is sent to a person when they request a certified or non-certified copy. I am asking for the blank form for an actual birth certificate – complete with the confidential section which is referenced in your current administrative rules and which is required by state law.

Communication #14

—– Original Message —–

From:

To:
Nellie (redacted)

Sent: Thursday, March 04, 2010 7:32 PM

Subject: RE: 2nd Attempt: Standard, Abbrev, COLB, verification

Aloha Ms. :

We do not understand your repeated requests for a blank copy of the standard birth certificate when we have already fulfilled that request.

Perhaps it would help us to understand you better if you could cite the particular Hawai`i law you say we are violating.

Thank you.

Hawaii Department of Health

Public Information Office staff

 
 

Send mail to:

State Department of Health

Office of Health Status Monitoring

Issuance/Vital Statistics Section/UIPA Request

Honolulu, HI 97801

hdohinfo@doh.hawaii.gov

 Communication #15

—– Original Message —–

From:
Nellie

To:
hdohinfo

Sent: Thursday, March 04, 2010 11:17 PM

Subject: Re: 2nd Attempt: Standard, Abbrev, COLB, verification

In my e-mail of January 18th I said:

“Since you don’t have anything that defines a standard birth certificate, please show me a blank, voided copy of the form for a standard birth certificate, including the confidential portion referred to in Chapter 8b 2.4(B)(d), the place for signatures as referenced in Chapter 8, section 1, Chapter 8a, Section B (2)(b), and Chapter 8a, 4(b)(6). ”

 
 

Furthermore I am attaching the COMPLETE history of communications that I have had with Ms Okubo on this issue. What you have included in the history here is missing a critical e-mail I sent not only to the DOH but to the Ombudsman and other state officers regarding the illegality of what you are saying is your standard birth certificate. I am enclosing the history showing that you were sent that information already, as well as enclosing the information to you AGAIN.

 
 

PHR Chapter 8, Section 1 says that certificates are to comply with 57-14, which says that Hawaii certificates must include as a minimum all the items included on the national standard certificates. As the attachment I am sending shows, the CDC’s standard birth certificate includes 58 items – some of which are in the “confidential” portion referenced in the paragraph above, which is from my earlier e-mails. The rules and the law cited clearly show that there is confidential information which is to be included on the birth certificates filled out with your office.

 
 

Furthermore, Hawaii law requires you to make available to the public all forms that you use in your office, as well as explanations of the procedures you use regarding those forms. That would certainly include the forms for birth certificates. I also specifically asked for a copy of the form that would be filled out by someone (local registrar, mother, or someone knowledgeable about the event) completing a birth certificate for an unattended birth. You have not sent me anything responsive to that request.

 
 

Again – as I have said before – I am not looking for what you send out to a person when they ask for a copy of their birth certificate. I am asking for the complete birth certificate form or a document which describes the information that a hospital or someone reporting an unattended birth actually must report. According to Hawaii law, that form must have at least the 58 items included on the US standard birth certificate. The CDC’s recommended layout can be seen at 

http://www.cdc.gov/nchs/data/dvs/birth11-03final-ACC.pdf   This link was given to me by Dr Conspiracy at obamaconspiracy.com (an apologist for Obama) as he pointed out to me that regardless of what is sent out when a person requests a COPY of their birth certificate, this information is required for all birth certificates today. He said that if you send me anything less than that you are not being truthful.

 
 

And incidentally, the DOH Administrative Rules also allow any person who specifically asks for it to receive a copy of the confidential portion of their birth certificate – the entire report filed regarding the birth. This flies in the face of recent changes where the DOH refuses to print that. Those rule changes were not made according to law – having public notifications of public hearings and going through the complete process including the governor’s signature and statement of when the new rule goes into effect. Since this rule has not been properly made Hawaii law says that it is not binding on anyone.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Now, with all that history, look at the e-mail history I enclosed in the last e-mail to them and compare it with the e-mail history on their latest e-mail to me. I didn’t cut any of the e-mail history from my e-mails. There should have been 13 communications in the communications log of the last e-mail the DOH sent me. There were 6. They removed over half the communications in that history, which also deleted them from my e-mail history when I responded to them. Most critically they took out the whole interaction involving my letter to Hawaii officials, which clearly stated the legal requirements for a standard birth certificate.

Communication #10 shows the standard line used when the DOH wants to get rid of somebody. They claim the requested information is confidential. (See another blatant example where HI officials were caught using this response to “get rid of” requestors they perceived had an anti-Obama agenda) I had asked for a BLANK form – which is required to be made public.

Communication #14 shows the latest approach. Cathy Takase, OIP Director, testified before a Hawaii Senate committee regarding Espero’s “Vexatious Requestors Bill” that the bill to label persistent requestors as “vexatious requestors” and blacklist them for 2 years is necessary because there are MENTALLY ILL people who don’t recognize when their request has already been answered.

As you can see, the DOH has deleted from their e-mail the parts of the communication history which show that I was very clear in what I was asking and did NOT receive what I requested. This would allow them to send this to the OIP and claim that I am a mentally ill person who just can’t seem to understand that I got what I requested.

It took specific action for the DOH to delete those communications from the communication log. This was not an accident. The particular e-mails deleted were the ones showing that I had NOT received the proper responses to my requests.

It’s bad enough that the DOH wants to label and blacklist people at all. It’s doubly bad when they falsify the record so they can MIS-label people and excuse their own incompetence or refusal to obey the laws.

Unfortunately, it’s what I’ve come to expect from these people.


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2 Comments

  1. Michael Pelletier
    Posted March 17, 2010 at 9:06 am | Permalink | Reply

    Why not use certified mail with return receipt rather than e-mail, in order to avoid “As always, I will continue sending this request until I receive confirmation that you have received it?” They can’t argue with a signed and postmarked return receipt in court, and it’s hard to pass off a document with a bunch of black lines soaking through the paper as evidence that someone is mentally ill.

    It may just be that you’re dealing with people who are, simply put, stupid (bureaucrats), and who don’t realize that they are in violation of the law with their form and don’t understand your explanation of why they are. It could very well be that they have no idea what you’re talking about when you say “including the confidential portion referred to in Chapter 8b 2.4(B)(d).”

    • Posted March 17, 2010 at 12:57 pm | Permalink | Reply

      Good idea on the certified mail. Only trouble is, if I had used certified mail to ask for stuff they would obfuscate on like they have it would have bankrupted my family – which is what they’re also trying to do by charging $7.50 per person event for index data. And it would have added weeks to the weeks it already takes them to respond. They could have bankrupted me AND put off answering anything until Obama’s already out of office. lol. If I knew the office was going to deal with me straight I could spend some cash to get the answers I need. But my family can’t afford for me to spend $7.50 each time the DOH wants to flip the bird at me. Espero has a bill now, also, that would allow a person to spend $50 to look at (but not take pictures or get a copy) of whatever the DOH decides to leave visible on a birth certificate. It’s a peep show. No proof of anything, no accountability – and the DOH can redact anything they want. Only somebody who has never dealt with this particular DOH would pay $50 on that kind of peep show.

      Also there’s some context that I should provide. After my requests were “lost”, I requested “read receipts” for my e-mails. The first e-mail I sent, Okubo answered with “Yes” rather than “No” when asked whether to send a “Read receipt”. I thought things would go well after that, but beyond that first one she always clicked “No” rather than “Yes”in order to deny me a receipt even though it cost her no extra effort, time, or money to simply give what I had requested. Sheer spite – similar to the vital records head checking online to see if a requestor was pro-Obama and upon finding she wasn’t counseling the DOH to lie to her. I got one other “Read receipt” – the day Okubo was out of the office to be at a convention. Some blessed substitute at her office hadn’t yet been told to suspend basic courtesy for the likes of me.

      The possibility of simple incompetence at the DOH has always been a distinct possibility – which is why I tried to clarify so many different times and ways. The fact that they edited out my clarifying statements in order to frame me as mentally ill shows they know that I made my case clearly – otherwise there would be no need to edit out that part from the residual e-mail history.

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