“Hell's only the flip side of Paradise. Sometimes it's hard to differentiate between the two”. ~ Sara Craven

1. PUBLIC ACCESS TO INFORMATION
HAWAII OFFICE OF INFORMATION PRACTICES
IN THE EYE OF THE STORM
The Hawaii Office of Information Practices (OIP) administers the Uniform
Information Practices Act (UIPA), Hawaii Revised Statutes (HRS) Chapter 92F.
HRS 92F is modeled after 5 United States Code §552, The Freedom of
Information Act (FOIA) and 5 United States Code §552a, The Privacy Act.
A decade has passed since the Administrative Conference of
the United States last evaluated implementation of the
Freedom of Information Act, 5 U.S.C. 552.
The goals of the Act have been widely accepted within the
government and society, but the passage of time has revealed
some discrete problems regarding the operation of the Act.
This recommendation was prompted by reports that
implementation of the Freedom of Information Act is much
more costly than originally expected and, more importantly,
that many information requests are made in the context of
private activity unrelated to the Act’s goal of informing the
public about the operation of government or matters of public
interest.
Therefore, the recommendation calls for amending the
Freedom of Information Act to permit agencies to charge
persons requesting records fees which reflect the cost of
reviewing records and deleting exempt information from
records, in addition to the direct costs of search and
duplication now recoverable under the Act. This
recommendation would not affect the rights of individuals
under the Privacy Act, 5 U.S.C. 552a.
Source: Administrative Conference of The United States (ACUS).
Procedures for Assessing and Collecting Freedom of Information
Act Fees. December 10, 1981, accessed September 29, 2017.
https://www.acus.gov/recommendation/procedures-assessing-and-collecting-freedom-information-act-fees

2. The United States Department of Justice (DOJ) Guide to the Freedom of
Information Act is a comprehensive legal treatise on the FOIA. The Guide includes
detailed discussions of the FOIA’s procedural requirements, nine exemptions, litigation
considerations and case precedent.
Fees and Waivers addressed by DOJ and in Office of Management And Budget
(OMB) Guidelines. Accessed September 29, 2017.
https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/fees-feewaivers.pdf
OIP's administrative rules for fees that may be assessed to
process record requests have not changed since they were
adopted in 1998, even though government expenses have
increased over the intervening decades.
[Note, Supplied: OIP's statement that processing fees and costs
have increased is consistent with the findings of ACUS, DOJ
and OMB]
Although the new rules propose to substantially increase the
fees, most requesters will not be paying the fees because the
new rules also provide a requester with a total maximum
fee waiver of $400 per fiscal year from an agency to search
for, review, or segregate records, but this waiver will not
apply to costs. The $400 waiver is intended to keep record
requests free or affordable for most people, as the UIPA
Record Request Log results since FY 2015 show that the
overwhelming majority of state and county requesters paid
zero, or less than $5, for fees and costs. [Emphasis contained
in original document]
[Note, Supplied: This statement is patently false and illusory
as this proviso eliminates any waiver of any fees and costs.
Moreover, the statement that “The $400 waiver is intended to
keep record requests free or affordable for most people”, in the
opinion and perspective of OIP, fails the “white glove test”
when compared to the Income, Expenditure and Poverty Status
Data published in the Hawaii State Data Book (2016 edition)
Section 13. Income, Expenditures, and Wealth, posted by
DEBDT August 16, 2017, accessed September 29, 2017
http://census.hawaii.gov/whats-new-releases/2016-state-of-
hawaii-data-book-released/

3. THE MISSION OF OIP IS ENSURING OPEN GOVERMENT
WHILE PROTECTING INDIVIDUAL PRIVACY1
WE THE TAXPAYERS PAY THE FREIGHT
TO KEEP OIP IN BUSINESS
The State [State of Hawaii] receives the majority of its
revenues from taxes, fees and other sources, the most
significant of which are general excise tax, personal incime
tax, insurance premium tax, and corporation tax (which
collectively constitute 80 percent of the total General Fund
revenues.)
Other taxes: Fuel taxes, motor vehicle taxes, unemployment
insurance taxes, tobacco taxes environmental response taxes,
conveyance taxes (sale, lease, sublease, assignment, transfer,
or conveyance or realty or any interest therein.)
Source: State of Hawaii Department of Budget and Finance.
Accessed September 29, 2017
http:budget.hawaii.gov/budget/about-budget/state-funding-
sources/
INNOCENCE AS WE UNDERSTAND IT IN OUR CULTURE
IS VERY THEATRICAL.
THE FLIP SIDE IS, “IF YOU'RE CHARMING ENOUGH,
YOU CAN GET AWAY WITH ANYTHING.”
~ Susan Choi
Foundational Reference: State Agency Proposes Tripling Fees For Access To Public
Records. The Office of Information Practices says it’s time for state agencies to recoup
more of the cost of fulfilling records requests. By Nathan Eagle. Honolulu Civil Beat.
September 28, 2017, accessed September 29, 2017. http://www.civilbeat.org/2017/09/state-
agency-proposes-tripling-fees-for-access-to-public-records/
1 OIP WEBPAGE. http://oip.hawaii.gov/