Economy hurts
public’s right
to know
Government will take
By Ian Lind
longer and charge more for
information requests
Star-BulletinThe state's lagging economy is going to reduce the public's right to know, as government agencies take longer to respond to requests for information and charge more for their services.
That was the assessment yesterday by Moya Davenport Gray, director of the Office of Information Practices.
Gray's comments came during the first of a series of information briefings to explain proposed rules for access to government records.
Gray said the rules recognize financially strapped government agencies are cutting back staff devoted to responding to the public and will have to recoup more of the costs of opening government to the people.
OIP hopes most information requests will continue to be resolved speedily and informally, and that in most cases agencies will not have to invoke the lengthy formal process and related charges, OIP staff attorney Lorna Loo Aratani said during the briefing.
Gray said the rules attempt to balance the interests of taxpayers, who want to reduce government costs, and information requesters, who want access to records necessary to hold the government accountable.
"I see this as a compromise solution," Gray said.
"This is not the perfect world, and we can't provide a perfect answer. We can provide what we think is the best under the circumstances."
Copies of the rules, along with an impact statement, are available from the OIP office or from its site on the Internet (http://www.state.hi.us/oip).
The rules were initially drafted several years ago, but only recently got Gov. Cayetano's approval to go forward for public hearings, the last step before they are adopted and become binding.
Gray said the informational briefings are being offered so interested parties have enough time to prepare comments for the public hearings, which have not yet been scheduled.
Gray said severe budget cuts in OIP's budget could delay the public hearings.
The Legislature slashed OIP's budget by 36 percent, and the office will lose three of its eight full-time staff.
"With the drastic cutting, I don't know what will be left," Gray said. "We will have to deal with the staff cuts and reorganization, and services are certainly going to be cut. I can't predict when hearings can begin, but I hope it is sooner rather than later."
The proposed rules differ from the original draft, primarily reflecting objections raised by government agencies, Gray said.
The rules provide deadlines for state and county agencies to respond to formal information requests. Depending on the circumstances, agencies would be allowed from two weeks to more than eight weeks to provide the requested records.
Agencies also will be allowed to charge fees of $10 an hour to locate requested records, and $20 an hour for time reviewing records to determine whether any portions are confidential.
No fees of this kind currently exist.
Under the proposed rules, there will be no charge for the first 15 minutes, and limited waivers of up to $30 will be allowed when the requester intends to "widely disseminate" the information to the general public.
This waiver applies to the news media, but is not limited to the media, Gray said.
Ed Lindsey, a Democratic candidate for Maui mayor, criticized the rules for making no provision for people without funds to pay the new fees.
"My concern is that charges for basic information will discourage the public from participating in government," Lindsey said.
Office of Information Practices briefings on proposed rules for accessing public records. All sessions are from 9 a.m.-noon in state teleconferencing centers: Teleconference briefings scheduled
Honolulu
May 27, June 8, June 10. Capitol Center, 1177 Alakea St., Room 302.
Lihue
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Hilo
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