OIP revises proposal
for public disclosure

By Craig Gima
Star-Bulletin

People requesting public state records could be charged for the cost of collecting and reviewing the records under new proposed rules, but most searches would be free, according to Moya Davenport Gray, director of the state Office of Information Practices.

The proposed rules would also allow an agency up to five weeks to disclose a public record under a formal request procedure. Gray said there are no time limits for disclosure under current rules.

Gray said the revised proposed rules are in response to testimony against an original proposal.

She said the rules strike a balance between the need to disseminate public information while not draining the resources of agencies providing the information.

But environmental and journalism groups that testified against the original proposal said the revision still needs work.

"As long as public records are not available in a timely manner for free to the public, we have a problem," said David Frankel, director of the Sierra Club's Hawaii chapter.

Bev Keever, a University of Hawaii journalism professor, said the agency did a good job of responding to testimony at a public hearing on the original proposal.

But she is concerned that an agency can delay giving the public access to records that the state Legislature requires should be readily available.

She said the larger problem with public records is that agencies do not know what records should be opened.

Under the new proposal, people still would be able to informally ask for and receive public records.

If they choose to formally request a record, and are turned down, the agency must state the specific provisions under which the record is being denied.

"If you're having trouble with an agency, these rules will provide you with the tools you need to get a response," Gray said.

Most records would be disclosed within two weeks, but if there are certain specified extenuating circumstances, the agency can have up to five weeks to disclose public records.

Fees would be $10 an hour to search for a record and $20 an hour to separate information that cannot be disclosed.

But the first $30 in fees would be waived. An additional $30 in fees could be waived if the party requesting the record can show a "primary intent and ability" to disseminate the information from the government to the general public.

Gray said she believes the rules will allow for more information from government being released to the public.

A public hearing on the proposed rules will be held Nov. 5.

The proposed rules will be available on OIP's Web site at www.state.hi.us/oip, and will be published in newspapers Oct. 6.

Copies also are available at the OIP's office in the Leiopapa Kamehameha Building.

But Gray said because of a new law passed by the Legislature, people picking up copies could be charged a copying fee of 50 cents per page.