The City and County of Honolulu received a request from Civil Beat for the names, titles, and salaries of all city employees. The city is seeking guidance from the Office of Information Practices on balancing employees' privacy interests with the public's right to know. Specifically, the city asks if providing job titles and salary ranges without names would be an appropriate response. The city also asks if law enforcement personnel could have their names withheld due to safety concerns.
Cathy Takase's Opinion on Releasing Honolulu City SalariesHonolulu Civil Beat
The document is an advisory opinion from the Office of Information Practices regarding a request for the names, titles, and salaries of all city employees.
The opinion finds that under section 92F-12(a)(14) of the state's Uniform Information Practices Act, the city must disclose the requested information for all employees except current or former undercover law enforcement personnel. While privacy concerns were raised, the statute does not allow exceptions. The opinion provides guidance around related issues such as what constitutes a "readily retrievable" roster and the application of the undercover law enforcement exception.
The testimony provides support for HB632, which relates to making state government data sets openly available to the public. It believes the bill will increase transparency, drive civic engagement, and support the software development industry by making more data accessible. While protecting privacy, the bill leverages existing digital data collection with minimal costs. The testimony encourages adopting data policies over administrative rules for flexibility. Overall, the testimonies support open data and the bill's goals of a more open and innovative government.
First Steps to Government Contracting Flyer for Arkansas Small Businesses wanting to get started in Procurement prepared by Laura Miller, Arkansas State University Small Business and Technology Development Center
This letter from the City and County of Honolulu responds to the U.S. Department of Housing and Urban Development's concerns about two subrecipients, ORI Anuenue Hale, Inc. and Opportunities and Resources, Inc., and their Aloha Gardens project funded by Community Development Block Grant funds. The letter provides background on the project and subrecipients, acknowledges some of HUD's concerns, and outlines the city's proposals to address the issues, which include converting some portions of the project to non-CDBG funding and reimbursing CDBG funds. The city also responds to each of HUD's specific findings and concerns raised in their previous letter.
This memorandum from the Corporation Counsel responds to inquiries from the Ethics Commission about the relationship between the two agencies. It outlines that:
1) The Corporation Counsel has a duty under the city charter to provide legal advice to all city agencies and employees on matters relating to their official powers and duties, including ethics issues. This advice is considered privileged attorney-client communication.
2) While the Corporation Counsel will generally not represent individual city employees who are the subject of an Ethics Commission investigation, it may still provide legal advice regarding official powers and duties during such investigations.
3) The Corporation Counsel's role in advising the Ethics Commission includes interpreting the city charter and laws as they relate to the powers and procedures of city agencies
The document provides tips and guidelines for obtaining public data from federal and state governments through Freedom of Information Act (FOIA) requests and public records laws. It explains that requirements vary between federal and state levels, and states differ in their laws and exemptions. The document outlines the FOIA process and exemptions at the federal level as well as for North Carolina specifically. It provides best practices for submitting requests, potential fees, legal requirements for database indexes, and resources for filing requests.
Without wasting too much ink (and time) discussing how the October 2015 Visa Bulletin was transformed by the Department of State (DOS) when it was originally released on September 9th, 2015, and how the Priority Dates (PD) were revised only four (4) days before its effective date, this article seeks to analyze the very important question of whether the Plaintiffs in the Class Action Lawsuit can obtain Injunctive Relief from the United States District Court for the Western District of Washington in Seattle.
This letter from Elizabeth Warren urges President Obama to replace Mary Jo White as Chair of the Securities and Exchange Commission (SEC). It argues that White has undermined the SEC's mission of investor protection and transparency. Specifically, White has refused to develop rules requiring disclosure of corporate political spending despite widespread public and investor support. The letter urges Obama to exercise his authority to immediately designate another SEC commissioner as Chair in order to advance the administration's priorities.
Cathy Takase's Opinion on Releasing Honolulu City SalariesHonolulu Civil Beat
The document is an advisory opinion from the Office of Information Practices regarding a request for the names, titles, and salaries of all city employees.
The opinion finds that under section 92F-12(a)(14) of the state's Uniform Information Practices Act, the city must disclose the requested information for all employees except current or former undercover law enforcement personnel. While privacy concerns were raised, the statute does not allow exceptions. The opinion provides guidance around related issues such as what constitutes a "readily retrievable" roster and the application of the undercover law enforcement exception.
The testimony provides support for HB632, which relates to making state government data sets openly available to the public. It believes the bill will increase transparency, drive civic engagement, and support the software development industry by making more data accessible. While protecting privacy, the bill leverages existing digital data collection with minimal costs. The testimony encourages adopting data policies over administrative rules for flexibility. Overall, the testimonies support open data and the bill's goals of a more open and innovative government.
First Steps to Government Contracting Flyer for Arkansas Small Businesses wanting to get started in Procurement prepared by Laura Miller, Arkansas State University Small Business and Technology Development Center
This letter from the City and County of Honolulu responds to the U.S. Department of Housing and Urban Development's concerns about two subrecipients, ORI Anuenue Hale, Inc. and Opportunities and Resources, Inc., and their Aloha Gardens project funded by Community Development Block Grant funds. The letter provides background on the project and subrecipients, acknowledges some of HUD's concerns, and outlines the city's proposals to address the issues, which include converting some portions of the project to non-CDBG funding and reimbursing CDBG funds. The city also responds to each of HUD's specific findings and concerns raised in their previous letter.
This memorandum from the Corporation Counsel responds to inquiries from the Ethics Commission about the relationship between the two agencies. It outlines that:
1) The Corporation Counsel has a duty under the city charter to provide legal advice to all city agencies and employees on matters relating to their official powers and duties, including ethics issues. This advice is considered privileged attorney-client communication.
2) While the Corporation Counsel will generally not represent individual city employees who are the subject of an Ethics Commission investigation, it may still provide legal advice regarding official powers and duties during such investigations.
3) The Corporation Counsel's role in advising the Ethics Commission includes interpreting the city charter and laws as they relate to the powers and procedures of city agencies
The document provides tips and guidelines for obtaining public data from federal and state governments through Freedom of Information Act (FOIA) requests and public records laws. It explains that requirements vary between federal and state levels, and states differ in their laws and exemptions. The document outlines the FOIA process and exemptions at the federal level as well as for North Carolina specifically. It provides best practices for submitting requests, potential fees, legal requirements for database indexes, and resources for filing requests.
Without wasting too much ink (and time) discussing how the October 2015 Visa Bulletin was transformed by the Department of State (DOS) when it was originally released on September 9th, 2015, and how the Priority Dates (PD) were revised only four (4) days before its effective date, this article seeks to analyze the very important question of whether the Plaintiffs in the Class Action Lawsuit can obtain Injunctive Relief from the United States District Court for the Western District of Washington in Seattle.
This letter from Elizabeth Warren urges President Obama to replace Mary Jo White as Chair of the Securities and Exchange Commission (SEC). It argues that White has undermined the SEC's mission of investor protection and transparency. Specifically, White has refused to develop rules requiring disclosure of corporate political spending despite widespread public and investor support. The letter urges Obama to exercise his authority to immediately designate another SEC commissioner as Chair in order to advance the administration's priorities.
Comments on SEC File Number 4-692 (Accredited Investor) and S7-06-13 (Regulat...Jason Coombs
My comment letter submitted to the Securities and Exchange Commission in response to the SEC report on the review of the "Accredited Investor" definition required by the Dodd-Frank Act and pending revisions to Regulation D.
Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
STRIKING A BALANCE BETWEEN PUBLIC INTEREST OFTRANSPARENCY OF.docxjohniemcm5zt
STRIKING A BALANCE BETWEEN PUBLIC INTEREST OF
TRANSPARENCY OF GOVERNMENT AND THE PRIVACY
OF PERSONAL IDENTIFICATION AND SECURITY
INFORMATION: AN EXAMINATION OF TRIBUNE-REVIEW
PUBLISHING CO. V BODACK
I. INTRODUCTION
Pennsyivanians generally want the government to work
properly and to be free from corruption. They also generally want
to know how tax dollars are spent and how efficiently the
government works. The Right-to-Know Law provides access to
state government public records to any individual or entity that
properly requests them. ' The purpose of this law is to give a level
of transparency to the inner workings of the state government.^
However, this right to access public records could lead to the
inadvertent disclosure of important personal identification and
security information of innocent, private citizens.
Under the Right-to-Know Act, the state court system took
responsibility for determining not only what fits into the definition
of a "public record," but also whether the public interest in the
information outweighs the possible " 'impairment of a person's
reputation or personal security' " by the disclosure of that
information.^ Because, historically, Pennsylvania courts have
broadly interpreted the public record definition, individuals are at a
' Right-to-Know Law, 65 PA. STAT. ANN. §§ 67.101- .1102 (West Supp.
2009). The Right-to-Know Law completely overhauled public records access in
Pennsylvania, effective January 1, 2009. Id. §67.101. However, this act only
applies to requests for public records after December 31, 2008. Id. § 67.3101. So
any case pending with a request for information prior to December 31, 2008,
should be decided under the former Right-to-Know Act. The implications of the
revised Right-to-Know Law are discussed in the evaluation section. See infra pt.
IV.
' Pa. State Univ. v. State Employees' Ret. Bd. {Penn State), 935 A.2d 530,
533 (Pa. 2007) (citing Sapp Roofmg Co. v. Sheet Metal Workers' Int'l Ass'n,
Local Union No. 12, 713 A.2d 627, 629 (Pa. 1998)).
^ Id. at 538 (quoting § 66.1(2), repealed by Right-to-Know Law, 65 PA.
STAT. ANN. §67.102 (West Supp. 2009)) (citing Goppelt v. City of Phila.
Revenue Dep't, 841 A.2d 599, 603-04 (Pa. Commw. Ct. 1998)).
577
578 WiDENER LAW JOURNAL [Vol. 19
greater risk of having personal identification and security
information released to the public; and therefore, the courts have
been forced to carefully balance the competing interests of the
public and of the private individual.'*
This survey will examine how Pennsylvania courts have
attempted to achieve a balance between the public's interest in the
transparency of government and the private individual's interest in
the confidentiality of personal identification and security
information. Part II examines the case law prior to Tribune-Review
Publishing Co. v. Bodaclê as well as the development of the
exception to the required disclosure of information in public
records. Part III discusses Tribune-Review Publish.
This testimony supports H.R. 1600 (the RESPECT Act), which would strengthen requirements for executive agencies to consult with American Indian and Alaska Native tribes. The testimony argues that while consultation has improved, it is still imperfect and agencies sometimes fail to engage in meaningful consultation or predetermined decisions. The testimony cites examples where tribes successfully enforced consultation requirements through litigation under the National Historic Preservation Act. The testimony supports a provision in the RESPECT Act allowing tribes to sue agencies for failing to properly consult, as this would provide incentives for agencies to fully honor their consultation obligations.
The Friends of the Manitous is a nonprofit corporation formed to preserve the history and culture of Michigan's Manitou Islands. The corporation will assist in collecting and preserving knowledge about the islands, develop educational materials and programs, promote maintenance of historic sites on the islands, and establish funds to support these purposes. The corporation is organized on a non-stock basis with initial assets of $3,100 in cash. It will be financed through charitable gifts and grants.
Goodness is about character - integrity, honesty, kindness, generosity, moral courage, and the like. More than anything else, it is about how we treat other people. ̶ Dennis Prager
Attorney Ethics: An Update from the 85th Legislative SessionTWCA
The document summarizes several bills presented at the TWCA Mid-Year Conference on June 16, 2017. HB 53 concerns settlements against governmental units over $30,000 that contain non-disclosure clauses. HB 776 requires removing home addresses from financial disclosure statements. HB 1701 adds requirements for investment policies provided to business organizations. HB 3047 addresses participation in meetings by videoconference. HB 3107 establishes conditions for withdrawn public information requests. The document also provides hypothetical ethics scenarios and summarizes SB 79, SB 255, and SB 302, which concern public information requests, procurement training, and Sunset Advisory Commission reviews.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES: USCIS Expands Online Filings, Entrepreneur Parole To Be Terminated, Verifying Employment Eligibility On The I-9 Form, I-751 Petitions to Lift Conditions On Residency, FOIA Online, DOS And The June 20 https://conta.cc/2LNQexX
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated April 2, 2014Jason Coombs
This letter from the CEO of Public Startup Company addresses the constitutionality of JOBS Act revisions to securities regulation in light of the recent Supreme Court decision in McCutcheon v. FEC. The CEO argues that while reasonable limits on individual investments in a single crowdfunding campaign may be valid, aggregate limits on total investments in securities offered via crowdfunding would not be constitutionally valid based on the McCutcheon decision. The CEO provides an analogy comparing political contributions to campaign financing and startup investments to crowdfunding campaigns.
This document discusses the differences between citizenship status and tax status. It notes there are both statutory and constitutional contexts for these terms, and they can have different meanings depending on the context. There are four types of citizenship statuses and four tax withholding statuses that are compared. The relationship between domicile and citizenship status is examined, as are the meanings of geographical terms. The document provides information to help understand how human beings can become statutory "individuals" or "persons" for tax purposes, and the different types of "persons" that exist. It also examines how citizenship and domicile options relate to each other and provides rebuttals to common arguments about these topics.
JOBS Act Rulemaking Comments on SEC File Number S7-06-13 Dated June 25, 2014Jason Coombs
The letter supports revising the definition of an "Accredited" investor under SEC rules to raise financial or other thresholds. It argues that any changes must be clearly explained by the SEC chair and justified in the final rules. While initially opposed to the concept of Accredited investors, the letter writer now believes the definition makes sense under JOBS Act rules to encourage experienced investors to invest alongside less experienced ones in crowdfunding, helping crowdfunding become a viable market. The letter urges the SEC to clearly articulate the reasoning behind its actions.
The letter from the editor of Civil Beat responds to concerns raised by the Director of the Department of Human Resources for the City and County of Honolulu regarding an open records request. The editor clarifies that they are requesting the names, salaries, and job titles of both temporary and permanent employees in an electronic format. The editor believes the opinion of Cathy Takase that this information should be disclosed and offers to discuss how to release information for undercover officers without including their names. The editor hopes this response helps resolve the matter and offers to discuss over the phone.
SEC No Action Letter Request to David R. Fredrickson, Chief CounselFoodBiome
An updated No Action Letter Request sent directly to Mr. David R. Fredrickson, Chief Counsel, Division of Corporation Finance at the Securities and Exchange Commission.
The document is a notice from the state agency responding to a records request. It provides that some records requested will be partially disclosed while other information will be withheld. Personal contact information and communications protected by attorney-client privilege between the Governor's office and Attorney General will not be disclosed. The requester is responsible for fees and must make arrangements with the agency to access disclosed records within 20 days.
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated June 6, 2014Jason Coombs
The document is a letter from the co-founder and CEO of Public Startup Company addressing the SEC regarding regulations under Title IV of the JOBS Act. It argues that prohibiting unregistered securities offerings across state lines is unconstitutional and violates free speech and property rights. It urges the SEC to adopt a final rule for Regulation A+ that includes preemption of state securities review for offerings up to $500,000 to help startups raise capital within constitutional limits. It criticizes a letter from members of Congress opposing preemption and argues they have violated their oath of office.
The RE Investment News is the monthly newsletter publication from Mid-America Association of Real Estate Investors. MAREI has been serving real estate investors in the Kanas City Metro and across the country with networking, education, and benefits since 2004. Learn more on www.MAREI.org.
11-27-13 ORDER GRANTING MOTION TO DISMISS SWAMYRichard Goren
1) This document is a memorandum of decision and order from the Superior Court regarding a motion to dismiss filed by the defendants, AARM Corporation and Gitanjali Swamy, in the civil case Lariviere et al v Aarm Corporation et al.
2) The plaintiffs, David Lariviere and Haftware Corporation, allege various claims including violations of the Wage Act arising from a consulting agreement between Haftware and AARM.
3) The court allows the motion to dismiss as to several counts, finding that the complaint fails to state a claim under the Wage Act because the agreement was between the companies and designated Haftware as an independent contractor, not an employee as required for coverage under the W
Implementation of the Uniform Information Practices ActRyan Ozawa
Hawaii Governor David Ige: "Effective citizen participation in state government requires timely access to information and appropriate opportunities for the public to provide its government with feedback and ideas. As part of this effort, I have already asked executive branch departments and agencies (“executive agencies”) to be accessible, hold community meetings throughout Hawaii, and work toward increasing community involvement in government affairs, including considering input from the public in decision-making."
Gov. Ige sent a letter to California Congresswoman Anna Eshoo in response to her August 2020 request for information about Hawaii's pandemic response.
https://www.civilbeat.org/2020/08/california-congresswoman-wants-answers-on-hawaiis-virus-response-effort/
Audit of the Department of the Honolulu Prosecuting Attorney’s Policies, Proc...Honolulu Civil Beat
This audit was conducted pursuant to Resolution 19-255,
requesting the city auditor to conduct a performance audit of the Honolulu Police Department and the Department of the Prosecuting Attorney’s policies and procedures related to employee misconduct.
Comments on SEC File Number 4-692 (Accredited Investor) and S7-06-13 (Regulat...Jason Coombs
My comment letter submitted to the Securities and Exchange Commission in response to the SEC report on the review of the "Accredited Investor" definition required by the Dodd-Frank Act and pending revisions to Regulation D.
Michael Smyth sued his former employer Pillsbury for wrongful termination. Smyth claims he was fired for sending private email messages over Pillsbury's email system in reliance on their assurances that email would remain confidential. Pillsbury argues that, as an at-will employee, Smyth could be fired without cause. The court must determine if Smyth's termination violates public policy regarding an employee's right to privacy. While Pennsylvania law generally allows at-will termination, exceptions exist for terminations that threaten clear public policy mandates. Smyth claims his termination violated public policy protecting privacy in email communications.
STRIKING A BALANCE BETWEEN PUBLIC INTEREST OFTRANSPARENCY OF.docxjohniemcm5zt
STRIKING A BALANCE BETWEEN PUBLIC INTEREST OF
TRANSPARENCY OF GOVERNMENT AND THE PRIVACY
OF PERSONAL IDENTIFICATION AND SECURITY
INFORMATION: AN EXAMINATION OF TRIBUNE-REVIEW
PUBLISHING CO. V BODACK
I. INTRODUCTION
Pennsyivanians generally want the government to work
properly and to be free from corruption. They also generally want
to know how tax dollars are spent and how efficiently the
government works. The Right-to-Know Law provides access to
state government public records to any individual or entity that
properly requests them. ' The purpose of this law is to give a level
of transparency to the inner workings of the state government.^
However, this right to access public records could lead to the
inadvertent disclosure of important personal identification and
security information of innocent, private citizens.
Under the Right-to-Know Act, the state court system took
responsibility for determining not only what fits into the definition
of a "public record," but also whether the public interest in the
information outweighs the possible " 'impairment of a person's
reputation or personal security' " by the disclosure of that
information.^ Because, historically, Pennsylvania courts have
broadly interpreted the public record definition, individuals are at a
' Right-to-Know Law, 65 PA. STAT. ANN. §§ 67.101- .1102 (West Supp.
2009). The Right-to-Know Law completely overhauled public records access in
Pennsylvania, effective January 1, 2009. Id. §67.101. However, this act only
applies to requests for public records after December 31, 2008. Id. § 67.3101. So
any case pending with a request for information prior to December 31, 2008,
should be decided under the former Right-to-Know Act. The implications of the
revised Right-to-Know Law are discussed in the evaluation section. See infra pt.
IV.
' Pa. State Univ. v. State Employees' Ret. Bd. {Penn State), 935 A.2d 530,
533 (Pa. 2007) (citing Sapp Roofmg Co. v. Sheet Metal Workers' Int'l Ass'n,
Local Union No. 12, 713 A.2d 627, 629 (Pa. 1998)).
^ Id. at 538 (quoting § 66.1(2), repealed by Right-to-Know Law, 65 PA.
STAT. ANN. §67.102 (West Supp. 2009)) (citing Goppelt v. City of Phila.
Revenue Dep't, 841 A.2d 599, 603-04 (Pa. Commw. Ct. 1998)).
577
578 WiDENER LAW JOURNAL [Vol. 19
greater risk of having personal identification and security
information released to the public; and therefore, the courts have
been forced to carefully balance the competing interests of the
public and of the private individual.'*
This survey will examine how Pennsylvania courts have
attempted to achieve a balance between the public's interest in the
transparency of government and the private individual's interest in
the confidentiality of personal identification and security
information. Part II examines the case law prior to Tribune-Review
Publishing Co. v. Bodaclê as well as the development of the
exception to the required disclosure of information in public
records. Part III discusses Tribune-Review Publish.
This testimony supports H.R. 1600 (the RESPECT Act), which would strengthen requirements for executive agencies to consult with American Indian and Alaska Native tribes. The testimony argues that while consultation has improved, it is still imperfect and agencies sometimes fail to engage in meaningful consultation or predetermined decisions. The testimony cites examples where tribes successfully enforced consultation requirements through litigation under the National Historic Preservation Act. The testimony supports a provision in the RESPECT Act allowing tribes to sue agencies for failing to properly consult, as this would provide incentives for agencies to fully honor their consultation obligations.
The Friends of the Manitous is a nonprofit corporation formed to preserve the history and culture of Michigan's Manitou Islands. The corporation will assist in collecting and preserving knowledge about the islands, develop educational materials and programs, promote maintenance of historic sites on the islands, and establish funds to support these purposes. The corporation is organized on a non-stock basis with initial assets of $3,100 in cash. It will be financed through charitable gifts and grants.
Goodness is about character - integrity, honesty, kindness, generosity, moral courage, and the like. More than anything else, it is about how we treat other people. ̶ Dennis Prager
Attorney Ethics: An Update from the 85th Legislative SessionTWCA
The document summarizes several bills presented at the TWCA Mid-Year Conference on June 16, 2017. HB 53 concerns settlements against governmental units over $30,000 that contain non-disclosure clauses. HB 776 requires removing home addresses from financial disclosure statements. HB 1701 adds requirements for investment policies provided to business organizations. HB 3047 addresses participation in meetings by videoconference. HB 3107 establishes conditions for withdrawn public information requests. The document also provides hypothetical ethics scenarios and summarizes SB 79, SB 255, and SB 302, which concern public information requests, procurement training, and Sunset Advisory Commission reviews.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES: USCIS Expands Online Filings, Entrepreneur Parole To Be Terminated, Verifying Employment Eligibility On The I-9 Form, I-751 Petitions to Lift Conditions On Residency, FOIA Online, DOS And The June 20 https://conta.cc/2LNQexX
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated April 2, 2014Jason Coombs
This letter from the CEO of Public Startup Company addresses the constitutionality of JOBS Act revisions to securities regulation in light of the recent Supreme Court decision in McCutcheon v. FEC. The CEO argues that while reasonable limits on individual investments in a single crowdfunding campaign may be valid, aggregate limits on total investments in securities offered via crowdfunding would not be constitutionally valid based on the McCutcheon decision. The CEO provides an analogy comparing political contributions to campaign financing and startup investments to crowdfunding campaigns.
This document discusses the differences between citizenship status and tax status. It notes there are both statutory and constitutional contexts for these terms, and they can have different meanings depending on the context. There are four types of citizenship statuses and four tax withholding statuses that are compared. The relationship between domicile and citizenship status is examined, as are the meanings of geographical terms. The document provides information to help understand how human beings can become statutory "individuals" or "persons" for tax purposes, and the different types of "persons" that exist. It also examines how citizenship and domicile options relate to each other and provides rebuttals to common arguments about these topics.
JOBS Act Rulemaking Comments on SEC File Number S7-06-13 Dated June 25, 2014Jason Coombs
The letter supports revising the definition of an "Accredited" investor under SEC rules to raise financial or other thresholds. It argues that any changes must be clearly explained by the SEC chair and justified in the final rules. While initially opposed to the concept of Accredited investors, the letter writer now believes the definition makes sense under JOBS Act rules to encourage experienced investors to invest alongside less experienced ones in crowdfunding, helping crowdfunding become a viable market. The letter urges the SEC to clearly articulate the reasoning behind its actions.
The letter from the editor of Civil Beat responds to concerns raised by the Director of the Department of Human Resources for the City and County of Honolulu regarding an open records request. The editor clarifies that they are requesting the names, salaries, and job titles of both temporary and permanent employees in an electronic format. The editor believes the opinion of Cathy Takase that this information should be disclosed and offers to discuss how to release information for undercover officers without including their names. The editor hopes this response helps resolve the matter and offers to discuss over the phone.
SEC No Action Letter Request to David R. Fredrickson, Chief CounselFoodBiome
An updated No Action Letter Request sent directly to Mr. David R. Fredrickson, Chief Counsel, Division of Corporation Finance at the Securities and Exchange Commission.
The document is a notice from the state agency responding to a records request. It provides that some records requested will be partially disclosed while other information will be withheld. Personal contact information and communications protected by attorney-client privilege between the Governor's office and Attorney General will not be disclosed. The requester is responsible for fees and must make arrangements with the agency to access disclosed records within 20 days.
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated June 6, 2014Jason Coombs
The document is a letter from the co-founder and CEO of Public Startup Company addressing the SEC regarding regulations under Title IV of the JOBS Act. It argues that prohibiting unregistered securities offerings across state lines is unconstitutional and violates free speech and property rights. It urges the SEC to adopt a final rule for Regulation A+ that includes preemption of state securities review for offerings up to $500,000 to help startups raise capital within constitutional limits. It criticizes a letter from members of Congress opposing preemption and argues they have violated their oath of office.
The RE Investment News is the monthly newsletter publication from Mid-America Association of Real Estate Investors. MAREI has been serving real estate investors in the Kanas City Metro and across the country with networking, education, and benefits since 2004. Learn more on www.MAREI.org.
11-27-13 ORDER GRANTING MOTION TO DISMISS SWAMYRichard Goren
1) This document is a memorandum of decision and order from the Superior Court regarding a motion to dismiss filed by the defendants, AARM Corporation and Gitanjali Swamy, in the civil case Lariviere et al v Aarm Corporation et al.
2) The plaintiffs, David Lariviere and Haftware Corporation, allege various claims including violations of the Wage Act arising from a consulting agreement between Haftware and AARM.
3) The court allows the motion to dismiss as to several counts, finding that the complaint fails to state a claim under the Wage Act because the agreement was between the companies and designated Haftware as an independent contractor, not an employee as required for coverage under the W
Implementation of the Uniform Information Practices ActRyan Ozawa
Hawaii Governor David Ige: "Effective citizen participation in state government requires timely access to information and appropriate opportunities for the public to provide its government with feedback and ideas. As part of this effort, I have already asked executive branch departments and agencies (“executive agencies”) to be accessible, hold community meetings throughout Hawaii, and work toward increasing community involvement in government affairs, including considering input from the public in decision-making."
Gov. Ige sent a letter to California Congresswoman Anna Eshoo in response to her August 2020 request for information about Hawaii's pandemic response.
https://www.civilbeat.org/2020/08/california-congresswoman-wants-answers-on-hawaiis-virus-response-effort/
Audit of the Department of the Honolulu Prosecuting Attorney’s Policies, Proc...Honolulu Civil Beat
This audit was conducted pursuant to Resolution 19-255,
requesting the city auditor to conduct a performance audit of the Honolulu Police Department and the Department of the Prosecuting Attorney’s policies and procedures related to employee misconduct.
Audit of the Honolulu Police Department’s Policies, Procedures, and ControlsHonolulu Civil Beat
The audit objectives were to:
1. Evaluate the effectiveness of HPD’s existing policies, procedures, and controls to identify and respond to complaints or incidents concerning misconduct, retaliation, favoritism, and abuses of power by its management and employees;
2. Evaluate the effectiveness of HPD's management control environment and practices to correct errors and prevent any misconduct, retaliation, favoritism, and abuses of power by its
management and employees; and
3. Make recommendations to improve HPD’s policies, procedures, and controls to minimize and avoid future managerial and operational breakdowns caused by similar misconduct.
The report summarizes use of force incidents by the Honolulu Police Department in 2019. There were 2,354 reported incidents, an increase from 2018. Physical confrontation techniques were used most often (53% of applications). The most common types of incidents requiring force were simple assault (13.4%), mental health cases (13.2%), and miscellaneous public cases (6.7%). Most incidents occurred on Mondays and Saturdays between midnight and 1:59am and involved males aged 34 on average, with the largest proportion being Native Hawaiian/Pacific Islanders (34.5%).
The Office of Health Equity aims to eliminate health disparities in Hawaii. Its vision is for policies and programs to improve the health of underserved groups. Its mission is to increase the capacity of Hawaii's health department and providers to eliminate disparities and improve quality of life. The office identifies disparities, recommends actions to the health director, and coordinates related activities and programs. It works to establish partnerships, identify health needs, develop culturally appropriate interventions, and promote national health objectives. The office's strategic goals are to increase awareness of disparities, strengthen leadership, improve outcomes through social determinants, improve cultural competency, and improve research coordination.
The document calls for unity and collaboration between Native Hawaiian and Pacific Islander communities in Hawaii to address COVID-19. It summarizes that government leaders have failed citizens by being slow to respond to the crisis, not working together effectively, and one in three COVID cases impacting Pacific Islanders. It calls on officials to take stronger, transparent leadership and get resources like contact tracers deployed quickly from Pacific Islander communities. Each day without action will lead to more cases, hospitalizations and deaths. It establishes a response team to improve COVID data and policies for Native Hawaiian and Pacific Islander communities.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This document is a complaint filed in circuit court by Jane Doe against The Rehabilitation Hospital of the Pacific and several individuals. Jane Doe alleges she has experienced discrimination and harassment at her job as a physical therapist at Rehab Hospital based on her sexual orientation. She lists several causes of action against the defendants and is seeking damages for the harm to her career and emotional distress caused by the defendants' actions.
This document provides guidance for large or extended families living together during the COVID-19 pandemic. It recommends designating one or two household members who are not at high risk to run necessary errands. When leaving the house, those individuals should avoid crowds, maintain social distancing, frequently wash hands, avoid touching surfaces, and wear cloth face coverings. The document also provides tips for protecting high-risk household members, children, caring for sick members, isolating the sick, and eating meals together while feeding a sick person.
The Office of Hawaiian Affairs (OHA) requests that the State of Hawaii prioritize collecting and reporting disaggregated data on Native Hawaiians relating to the COVID-19 pandemic. Specifically, OHA asks for disaggregated data from the Departments of Health, Labor and Industrial Relations, and Human Services on topics like COVID-19 cases, unemployment claims, and applications for assistance programs. Disaggregated data is critical to understand how the pandemic is impacting Native Hawaiians and to direct resources most effectively. OHA also requests information on how race data is currently collected by these agencies.
The CLA audit of OHA from 2012-2016 found significant issues in OHA's procurement processes and identified $7.8 million across 32 transactions as potentially fraudulent, wasteful, or abusive. The audit found 85% of transactions reviewed contained issues of noncompliance with policies and laws, while 17% (32 transactions) were flagged as "red flags". Common issues included missing procurement documents, lack of evidence that contractors delivered on obligations, and contracts incorrectly classified as exempt from competitive bidding. The audit provides a roadmap for OHA to investigate potential wrongdoing and implement reforms to address deficiencies.
This document provides a list of pro bono legal service providers for immigration courts in Honolulu, Hawaii, Guam, and the Northern Mariana Islands. However, as of the January 2018 revision date, there are no registered pro bono legal organizations for the immigration courts in Honolulu, Hawaii, Guam, or the Northern Mariana Islands. The document also notes that the Executive Office for Immigration Review maintains this list of qualified pro bono legal service providers as required by regulation, but that it does not endorse or participate in the work of the listed organizations.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Mayor Kirk Caldwell issued a statement regarding the construction of a multi-purpose field at Waimānalo Bay Beach Park. City Council member Ikaika Anderson had requested halting all grubbing work until September 15 out of concern for the endangered Hawaiian hoary bat. However, the environmental assessment states grubbing of woody plants over 15 feet tall should not occur after June 1 to protect young bats. The city contractor will finish grubbing by the end of May as required. Canceling the contract would cost $300,000 in taxpayer money. Therefore, the city will proceed with completing Phase 1, including a multi-purpose field, play area, and parking lot, for $1.43 million, and will review additional
1. DEPARTMENT OF THE CORPORATION COUNSEL
CITY AND COUNTY OF HONOLULU
530 SOUTH KING STREET, ROOM 110 • HONOLULU, HAWAII 96813
PHONE: (808) 768-5193 • FAX (808) 768-5105 • INTERNET: www.honoIuu.gov
KIRK W. CALOWOLL CARRIE KS. OKINAGA
ACTING MAYOR CORPORATION COUNSEL
KATHLEEN A KELLY
FIRST DEPUTY CO0RATION COUNSEL
September 7, 2010
Cathy L. Takase, Director
Office of Information Practices
State of Hawaii
No. I Capitol District Building
250 South Hotel Street, Suite 107
Honolulu, Hawaii 96813
Dear Ms. Takase:
Re: Request for Names, Titles and Salaries for all City Employees
The City and County of Honolulu (‘City’) has received a request pursuant
to Hawaii Revised Statutes (“HRS”) Chapter 92F for information regarding
Thames, titles and salaries of all temporary and permanent employees of the City
and County of Honolulu”. Attached for your reference is a copy of that request.
The City understands that similar requests were made of the State of Hawaii and
that the State and its various entities have provided the requested information.
While the City agrees strongly, too, that the public has a right to know how its
money is being spent, we would appreciate guidance from your office as to the
propriety of such a response. The City has received comments from its
employes regarding their concerns about the disclosure of what they believe to
be inherently private information. In addition, the City is aware that at least one
exclusive employee representative (“union”) has been looking into the legal
ramifications of disclosing this information. The City requests that your office
provide guidance and information with regards to the City’s obligation to respond
to this request.
HRS § 92F-12(a)(14) requires disclosure of government records
containing “name, compensation
,
1 job title.” However, the section also
- .
states, ‘provided that this paragraph shall not require the creation of a roster of
employees,” and HRS § 92F14(b)(6) clearly states that an individual has a
significant privacy interest in his/her “income”. Given these seemingly relevant
1
“Compensation” is different from “salary’; Civil Beat is requesting each employee’s salary or
salary range.
2. Cathy L. Takase, Director
Office of lnforrbation Practices
September 7, 2010
Page 2
but conflicting provisions, we would like guidance from your office as to whether
or not a balancing of interests would be appropriate, j public’s right to know as
weighed against the individual employees privacy interests and the
government’s ability to carry out its functions, such that the City could disclose
just the job title and salary information for each employee.
At the outset, please note that the only “public interest” cited by the
requestor, Civil Beat, is that the “information will be used in reports published in
the Civil Beat, an online news service based in Honolulu that is available to
members of the public at www.civilbeat.com.” Civil Beat charges membership
fees for unrestricted access to all of its posted information, so while Civil Beat
may cite public interest as its motivation, clearly private interest is also part of its
motivation. attached cached page from Civil Beat site dated August 16,
2010 (‘We’ll also include an example of a sortable database to show you what
we’re offering our full members. (We have a special Election offer right now,
half-off for the first three months.) Members will be able to sort the data by any
field. So, for example, if they want to soft the salaries from highest to lowest,
they’ll be able to do that.”). We have never before received a request like this
from anyone, media, City Council, or otherwise, requesting personal information
for each one of our employees, by name, for general public viewing. Where the
public or the media has been interested in particular employees perhaps
because of some alleged wrongdoing, we have disclosed relevant information.
Where the public is interested in how much a particular department or the City
spends on salaries in general on a certain function, we have provided that
information, as well. This request is a first. Your guidance would be helpful
going forward as well, because our employee roster is changing constantly
because of hires and departures, and we anticipate possible future requests like
the Civil Beat request
Given the above concerns, the City requests that your office provide
guidance and information with regards to the following matters:
1. HRS § 92F-12(a)(14) states that we are not required to create a
roster of employees. The information responsive to the Civil Beat request does
not exist in one location and or one report. Civil Beat’s request is really a request
for creation of a roster of all City temporary and permanent employees, since we
do not believe Civil Beat is requesting review of the actual personnel records of
3. Cathy L. Takase, Director
Office of Information Practices
September 7, 2010
Page 3
each and every employee. What authority then requires the City to create or
2
provide such a roster?
2. HRS § 92F-14(b)(6) provides that individuals have significant
privacy interests in “information describing an individual’s finances, income,
assets, liabilities, net worth, bank balances, financial history or activities, or
creditworthiness”. And I—IRS § 92F-13(1) states that government records need
not be disclosed if disclosure “would constitute a clearly unwarranted invasion of
personal privacy.” Is disclosure of every employee’s name, job title and salary
(again, HRS requires disclosure of “compensation” and “salary ranges,” not
individual salaries) required even though individuals have expressed to us that
they believe said disclosure violates their privacy interests?
Your office has previously opined that government employees who chose
to become a member of the ERS (employees’ retirement system) have a
significant privacy interest in the disclosure of their names. DIP Ltr. 91-7. You
opined that disclosure should be the number of employees rather than a list of
names, as there is no significant privacy interest in the number of government
employees within ERS.
3
In addition, in interpreting the federal Freedom of Information Act (“FOIA”),
the courts have found that government employees have privacy interests,
particularly in salary information. ri NationalAssociation of Retired Federal
Employees v. Homer, 879 F.2d 873 (D.C. Cir. 1989), the Court of Appeals went
beyond the mere determination as to whether disclosure would violate a
significant privacy interest under exemption 6 of the Freedom of Information Act,
5 U.S.C. § 552(b)(6) (“FOIA”). Rather, the Court determined that the analysis
must go further and determine whether such disclosure would “invite
unwarranted intrusion”. Id. at 878. Thus, the Court ruled that disclosure of a list
of names and addresses of persons on a government annuity payroll would be a
clear and unwarranted invasion of privacy. Moreover; in Painting lndustiy of
Ha wall Market Recovery v. United States Department of the Air Force, 26 F.3d
1479 (gth Cir. 1994), the Ninth Circuit Court of Appeals determined that the
2
To conform Civil Beat’s request with HRS 92F which pertains to government records, its request
is actually a request for review of thousands of personnel files, with non-requested information
redacted. This production/redaction effort would be onerous for the City, as it would be for Civil
Beat staff to review same.
Please also see QIP Ltr. 91-18 where your office opined that State Hawaii Public Employer’s
Health Fund may disclose a confidential list of its members to the State Department of Budget
and Finance under HRS § 92F-1 9, but further disclosure would not be permitted.
4. Cathy L. Takase, Director
Office of Information Practices
September 7, 2010
Page 4
disclosure of job classifications and pay rates was sufficient under FOIA. The
Court balanced interests and found that the employees’ privacy interest was not
outweighed by the marginal additional usefulness that names and addresses
would serve in uncovering government activities.
The basic question here is whether the disclosures required by HRS §
92F-12(a)(14) for public employees are subject to a balancing test, and the
above-cited MRS language, your prior opinion and the aforementioned case
suggest that balancing is not just possible, but advisable. Again, on its attached
92F request, Civil Beat did not state a specific purpose for this information, other
than publication of this information on its website which again, charges fees for
members hi p.
By contrast, not only do individual City employees believe that their
personal privacy is being infringed upon, but the City believes that such a
pubJication may frustrate legitimate government functions, as described in HRS §
92F-13, where the morale of City employees may be impacted when they
compare their salaries to other employees. No business the size of the City
would publish on the internet all of its employees’ names, job titles, and salaries,
as it may lead to raiding by competitors, morale problems, and ultimately,
employees leaving the company. At a time when furloughs and smaller
paychecks are resulting in increased workload and increased stress, all of these
concerns are magnified. As the head of Corporation Counsel whose deputies’
exact salaries would need to be disclosed (as opposed to salary ranges), I am
concerned about retention of our attorneys in this environment.
While the obvious response is that public taxpayer dollars are at stake,
and that the public is entitled to know this information, we would respectfully ask
you to consider whether the public (as opposed to a private enterprise like Civil
Beat seeking to generate revenue) needs to know every name, job title and
salary information of every City employee, as opposed to what we believe to be a
sufficient response, providing just job title and salary information, without listing
names and without creating an employee name roster. Please let us know if you
believe that this would be an appropriate response to the Civil Beat request.
3. HRS § 92F-12(a)(14) also states that the City is not required to
disclose personnel “information regarding present or former employees involved
in an undercover capacity in a law enforcement agency.” There are many law
enforcement employees who are not currently performing undercover activities,
but may be involved in undercover activities in the future. The disclosure of the
5. Cathy L. Takase, Director
Office of Information Practices
September 7, 2010
Page 5
names of these individuals as employees of the City’s law enforcement agencies
would clearly have an impact on the health and safety of these individuals.
In addition, our law enforcement clients believe that the disclosure of the
identity of certain law enforcement personnel (Police Officers, Prosecutors,
Prosecutor’s Investigators, Liquor Commission Investigators) may endanger the
health and safety of these individuals. See. e.g.. Exemption 7 of FOIA, 5 U.S.C.
§ 552(b)(7). Disclosure of name, job title and salary information regarding these
individuals may also make them more vulnerable to harassment, bribery and/or
threats. The Prosecutor’s Office, HPD, and the Liquor Commission would like a
ruling from OIP specifically on their ability to withhold names of their employees.
Again, for these law enforcement employees who may in the future be
involved in undercover activities and whose leadership believes publication of
names may result in safety concerns, we will also provide only their job titles and
salary ranges. Please confirm that OIP believes this is a sufficient response on
behalf of law enforcement employees.
To meet the initial deadline for response to Civil Beat, we will be providing
Civil Beat with the job title and salary information for each employee. Before we
create an employee roster with this added personal information, however, we
believe it would be prudent to await your response to this letter, so we would
greatly appreciate your prompt attention to this matter.
If you have any questions, please contact me at 768-5100.
Very truly yours,
CARRIE K. S. OKINAGA
Corporation Counsel
CKSO/DWHP:ey
Attachments
cc: Civil Beat