Public records

As part of "Your Right to Know Week," here is an explanation of the state law giving access to government records.

HOW TO

Find the person responsible for the record you are seeking and make a verbal request.

Written requests are not required by the law.
If you are denied access to a record, you may file a lawsuit in Circuit Court (two-year statute of limitations) or go to the Office of Information Practices to review the decision.

GENERAL RULE

All government records are open to public inspection unless access is specifically closed by law.

PRIVACY

Personal information which, if disclosed, would be an unwarranted invasion of personal privacy, including:

Medical, psychiatric or psychological records.
Criminal investigations.
Social services or welfare benefits information.
Personnel files, except for the charge and findings of investigation involving the discharge or suspension of a public employee, 30 days after the last administrative appeal. Police are not covered by this provision.
Individual's nongovernmental employment history.
Finance, assets, liabilities.
A person's fitness to be granted a license.
Personal recommendation or evaluation.

OTHER EXEMPTIONS

Nondiscoverable records involving judicial or quasijudicial actions in which an agency is a party.
Records that would frustrate a legitimate government function.
Draft papers of the Legislature.

TIME LIMIT

There is no time limit on when an agency response must be made.

FEES

Most agencies charge 25 cents per copy but are allowed to charge up to $1 per page.

If electronic information is requested and programming is needed to provide the data, the agency may apply reasonable charges. Agencies are not required to make summaries of records available unless readily retrievable in the form requested.

OPEN RECORDS

Records of suspended or fired police officers.
Campaign donation and spending lists of politicians.
Officers of corporations.
Land transaction records.
Unpaid taxes.
City building permits.
Bills and vouchers of government purchases.

Why free society needs
full-access government

Open government is the cornerstone of our democracy. Without full public access to government records and meetings, we cannot fulfill our responsibilities as citizens of a free society.

This week is "Your Right to Know Week," so designated by the American Society of Newspaper Editors in observance of the First Amendment and laws that mandate open government.

The Star-Bulletin will publish stories and features all week examining the state of open government in Hawaii. You'll also see the "Your Right to Know" logo on many stories during the week as a reminder of the important information that wouldn't be available to the public if not for local and federal laws that require it.

We invite readers to write and tell us why open government is important to you and how well or poorly you think Hawaii is doing in making official information and meetings open to the public.

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David Shapiro
Managing editor