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WILL HAWAII LEGISLATURE REVERSE IGE'S SUSPENSION OF THE PUBLIC
RECORDS LAW?
The governor's order has been in effect since March, but
it's unclear if lawmakers will do anything about it next session despite their opposition to it.
By Blaze Lovell, Honolulu Civil Beat, January 5, 2021
<https://www.civilbeat.org/2021/01/will-hawaii-legislature-reverse-iges-suspension-of-the-public-records-law/>
The Hawaii law granting public access to government records has been suspended for 293
days as of Monday under one of dozens of executive orders that Gov. David Ige issued at the
start of the pandemic. The move was not popular among state lawmakers and there is no
indication of when the governor might lift his order. But it's also not an issue that lawmakers
have plans to address yet, at least directly, as they head into the 2021 session, which starts Jan.
20. “We haven't really looked at the specificity of bills in that regard,” Senate President Ron
Kouchi said Thursday. Some lawmakers have said it may come up as part of a broader effort
by the Legislature to examine the GOVERNOR'S EMERGENCY POWERS. At least one
state on the mainland took that step and forced public agencies to comply with the records law
even during times of emergency.
Ige suspended the laws governing public records and open meetings in March in his first
round of EMERGENCY ORDERS to deal with the coronavirus pandemic. At the time, it
was considered the most restrictive order on government transparency in the U.S. The
governor partially walked back the suspension in May and added more specific instructions
regarding how agencies must respond to requests from the public. But the ongoing suspension,
now extended to Feb. 14, has hampered the work of government watchdogs, the media and
even some legislators.
Kouchi remarked how the Senate's special COVID-19 committee has made dozens of requests
for documents from departments, some of which have dragged their feet in responding.
Kouchi said senators have been focused on how the Capitol will operate when the session
opens. “We haven't gotten around to the policy stuff, as far as formal discussions go,” Kouchi
said, adding that much of the Senate's focus has been on finding a way to safely conduct
session and ensuring the public can still participate.
Sen. Gil Keith-Agaran says the records law, Chapter 92F, already gives government agencies
the flexibility to delay records requests. In April, he and Sen. Karl Rhoads wrote a letter to the
governor demanding that the suspension be lifted. “He didn't have to suspend the law as
broadly as he did,” Keith-Agaran said. But Keith-Agaran says forcing the records law back
open with a new law could be problematic since the current statute already provides avenues
for delaying records requests. Keith-Agaran, the Maui senator, thinks discussion of the Hawaii
records law may come up as legislators dig into the GOVERNOR'S EMERGENCY
POWERS.
That's something House Speaker Scott Saiki says lawmakers may focus on next session. Ige
first instituted a COVID-19 EMERGENCY PROCLAMATION, WHICH HAS BEEN
EXTENDED 16 TIMES SINCE THEN. “I'M NOT SURE IF THE INTENT OF THE
CURRENT STATUTE WAS TO ALLOW THE GOVERNOR TO EXERCISE
EMERGENCY POWERS ON AN INDEFINITE BASIS,” Saiki said.
Besides the duration of emergency orders, the Legislature might also home in on the SCOPE
OF THE GOVERNOR'S POWERS. Keith-Agaran said there's interest in granting other
officials, like the Department of Health director, some emergency authority.
[Emphasis Supplied]
______________________________________
WHY WE ISSUED A REPORT URGING REFORM
OF HAWAII'S EMERGENCY POWERS
Accountability, Civil Liberties, Research & Commentary
By Keli'i Akina, Ph.D., President,Grassroot Institute of Hawaii, January 18, 2021
<https://www.grassrootinstitute.org/2021/01/why-we-issued-a-report-urging-reform-of-hawaiis-emergency-powers/>
The Grassroot Institute of Hawaii has analyzed Hawaii's emergency management statute and
outlined a new approach to handling emergencies that affect public health. The goal is to
retain the government's flexibility in responding to an emergency while adding certain checks
and balances on that power. Foremost among them is the addition of a legislative check on the
governor's ability to indefinitely extend emergencies. In addition, there must be internal
checks on the breadth of emergency action so that government restrictions on fundamental
free- doms remain narrowly tailored to achieve a specific, rational purpose.
A system of checks and balances has always been the cornerstone of the defense of freedom in
the United States. In The Federalist Papers, James Madison wrote at length on the fact that
constraints on those who govern are the primary guarantee of liberty and guard against
despotism. As another Founding Father, John Adams, put it: “Power must never be trusted
without a check.”
IN ITS CURRENT FORM, HAWAII'S EMERGENCY MANAGEMENT LAWS
ALLOW FOR THE EXTENSIVE EXERCISE OF UNCHECKED POWER. THIS IS
NOT A PROBLEM THAT CAN BE FULLY ADDRESSED THROUGH THE
COURTS. THE PROPER SET OF CHECKS AND BALANCES, AS OUTLINED IN
THIS REPORT, CAN BE ADDED ONLY THROUGH LEGISLA- TIVE ACTION.
MOREOVER, THE IMPETUS FOR SUCH CHANGE MUST COME FROM THE
PEOPLE, THROUGH THEIR ELECTED REPRESENTATIVES.
The pandemic and lockdown have demonstrated the inadequacy of our state's current
emergency powers law to deal with a public health emergency of this scope. Fortunately, we
can take what we have learned from this experience and put it to good use. If we work
together, we can ensure that Hawaii is better prepared to handle future emergencies via
reforms that will protect public health without infringing upon our fundamental freedoms.
______________________________________
BILLY KENOI served as chair of the HAWAII COUNCIL OF MAYORS and
is the only Hawaii Mayor who has served on the National Advisory Board of the
UNITED STATES CONFERENCE OF MAYORS
If Hawaii residents want to ensure that an emergency response is narrowly tailored, rational,
and transparent, then they will have to elect those who will help put such guidelines in place
Lockdowns Versus Liberty
How Hawaii's Experience in 2020-21 Demonstrates the Need to Revise the State's Emergency Powers
By Malia Hill, Grassroot Institute of Hawaii Policy Brief, January 2021
<https://www.grassrootinstitute.org/wp-content/uploads/2021/01/201223_policybrief_civilrights.pdf?mc_cid=1d7a2405b5&mc_eid=[UNIQID]>
______________________________________
“Mayors are on the front lines of the biggest challenges facing the country, including the
Coronavirus crisis.” - Michael R. Bloomberg
“The urgent actions that mayors take could have outsized impact on the trajectory of COVID-19
in their municipalities and their countries.” - Dr. Kelly Henning, Public Health Program Lead at
Bloomberg Philanthropies
Source: Bloomberg Philanthropies <https://www.bloomberg.org/program/public-health/covid-19-response/>
______________________________________
UNITED STATES COUNCIL OF MAYORS
MEET HAWAII'S MAYORS
<https://www.usmayors.org/mayors/meet-the-mayors/>
Rick Blangiardi Michael Victorino
Honolulu, HI Maui, HI
Mitch Roth Derek S.K. Kawakami
Hilo, HI Kauai, HI
UNITED STATES COUNCIL OF MAYORS
OPERATIONAL BEST PRACTICES FOR MAYORS
<https://www.usmayors.org/issues/covid-19/>
COORDINATE
Coordinate your area local governments and ensure you are speaking with one voice.
DECLARATION
Find out now what your powers would be under a state of emergency and consider declaring one,
if you haven't done so already.
TRANSPARENCY
Be transparent and honest with the people in your community
transparency can be an effective antidote to fear.
CAPACITY
Talk to your public health officials and hospital systems so you know their capacities.
INVENTORY
Do an inventory of your nonprofits and foundations to figure out who external to government
can take part in relief and planning efforts.
SCHOOLS
Communicate with people responsible for schools
have a plan for childcare and nutrition as a result of potential school closings.
TEAMS
Consider splitting staff from every department into two teams;
1 for those who are dealing with what's happening today,
1 for those who are thinking 2 weeks out about what we need to be worried about down the road.
Image Courtesy of Grassroot Institute of Hawaii

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Hawaii- Leadership Under Fire - Balancing Governor's Emergency Powers and Governance by Hawaii Council of Mayors

  • 1. WILL HAWAII LEGISLATURE REVERSE IGE'S SUSPENSION OF THE PUBLIC RECORDS LAW? The governor's order has been in effect since March, but it's unclear if lawmakers will do anything about it next session despite their opposition to it. By Blaze Lovell, Honolulu Civil Beat, January 5, 2021 <https://www.civilbeat.org/2021/01/will-hawaii-legislature-reverse-iges-suspension-of-the-public-records-law/> The Hawaii law granting public access to government records has been suspended for 293 days as of Monday under one of dozens of executive orders that Gov. David Ige issued at the start of the pandemic. The move was not popular among state lawmakers and there is no indication of when the governor might lift his order. But it's also not an issue that lawmakers have plans to address yet, at least directly, as they head into the 2021 session, which starts Jan. 20. “We haven't really looked at the specificity of bills in that regard,” Senate President Ron Kouchi said Thursday. Some lawmakers have said it may come up as part of a broader effort by the Legislature to examine the GOVERNOR'S EMERGENCY POWERS. At least one state on the mainland took that step and forced public agencies to comply with the records law even during times of emergency. Ige suspended the laws governing public records and open meetings in March in his first round of EMERGENCY ORDERS to deal with the coronavirus pandemic. At the time, it was considered the most restrictive order on government transparency in the U.S. The governor partially walked back the suspension in May and added more specific instructions regarding how agencies must respond to requests from the public. But the ongoing suspension, now extended to Feb. 14, has hampered the work of government watchdogs, the media and even some legislators. Kouchi remarked how the Senate's special COVID-19 committee has made dozens of requests for documents from departments, some of which have dragged their feet in responding. Kouchi said senators have been focused on how the Capitol will operate when the session opens. “We haven't gotten around to the policy stuff, as far as formal discussions go,” Kouchi said, adding that much of the Senate's focus has been on finding a way to safely conduct session and ensuring the public can still participate. Sen. Gil Keith-Agaran says the records law, Chapter 92F, already gives government agencies the flexibility to delay records requests. In April, he and Sen. Karl Rhoads wrote a letter to the governor demanding that the suspension be lifted. “He didn't have to suspend the law as broadly as he did,” Keith-Agaran said. But Keith-Agaran says forcing the records law back open with a new law could be problematic since the current statute already provides avenues for delaying records requests. Keith-Agaran, the Maui senator, thinks discussion of the Hawaii records law may come up as legislators dig into the GOVERNOR'S EMERGENCY POWERS. That's something House Speaker Scott Saiki says lawmakers may focus on next session. Ige first instituted a COVID-19 EMERGENCY PROCLAMATION, WHICH HAS BEEN EXTENDED 16 TIMES SINCE THEN. “I'M NOT SURE IF THE INTENT OF THE CURRENT STATUTE WAS TO ALLOW THE GOVERNOR TO EXERCISE EMERGENCY POWERS ON AN INDEFINITE BASIS,” Saiki said.
  • 2. Besides the duration of emergency orders, the Legislature might also home in on the SCOPE OF THE GOVERNOR'S POWERS. Keith-Agaran said there's interest in granting other officials, like the Department of Health director, some emergency authority. [Emphasis Supplied] ______________________________________ WHY WE ISSUED A REPORT URGING REFORM OF HAWAII'S EMERGENCY POWERS Accountability, Civil Liberties, Research & Commentary By Keli'i Akina, Ph.D., President,Grassroot Institute of Hawaii, January 18, 2021 <https://www.grassrootinstitute.org/2021/01/why-we-issued-a-report-urging-reform-of-hawaiis-emergency-powers/> The Grassroot Institute of Hawaii has analyzed Hawaii's emergency management statute and outlined a new approach to handling emergencies that affect public health. The goal is to retain the government's flexibility in responding to an emergency while adding certain checks and balances on that power. Foremost among them is the addition of a legislative check on the governor's ability to indefinitely extend emergencies. In addition, there must be internal checks on the breadth of emergency action so that government restrictions on fundamental free- doms remain narrowly tailored to achieve a specific, rational purpose. A system of checks and balances has always been the cornerstone of the defense of freedom in the United States. In The Federalist Papers, James Madison wrote at length on the fact that constraints on those who govern are the primary guarantee of liberty and guard against despotism. As another Founding Father, John Adams, put it: “Power must never be trusted without a check.” IN ITS CURRENT FORM, HAWAII'S EMERGENCY MANAGEMENT LAWS ALLOW FOR THE EXTENSIVE EXERCISE OF UNCHECKED POWER. THIS IS NOT A PROBLEM THAT CAN BE FULLY ADDRESSED THROUGH THE COURTS. THE PROPER SET OF CHECKS AND BALANCES, AS OUTLINED IN THIS REPORT, CAN BE ADDED ONLY THROUGH LEGISLA- TIVE ACTION. MOREOVER, THE IMPETUS FOR SUCH CHANGE MUST COME FROM THE PEOPLE, THROUGH THEIR ELECTED REPRESENTATIVES. The pandemic and lockdown have demonstrated the inadequacy of our state's current emergency powers law to deal with a public health emergency of this scope. Fortunately, we can take what we have learned from this experience and put it to good use. If we work together, we can ensure that Hawaii is better prepared to handle future emergencies via reforms that will protect public health without infringing upon our fundamental freedoms. ______________________________________ BILLY KENOI served as chair of the HAWAII COUNCIL OF MAYORS and is the only Hawaii Mayor who has served on the National Advisory Board of the UNITED STATES CONFERENCE OF MAYORS
  • 3. If Hawaii residents want to ensure that an emergency response is narrowly tailored, rational, and transparent, then they will have to elect those who will help put such guidelines in place Lockdowns Versus Liberty How Hawaii's Experience in 2020-21 Demonstrates the Need to Revise the State's Emergency Powers By Malia Hill, Grassroot Institute of Hawaii Policy Brief, January 2021 <https://www.grassrootinstitute.org/wp-content/uploads/2021/01/201223_policybrief_civilrights.pdf?mc_cid=1d7a2405b5&mc_eid=[UNIQID]> ______________________________________ “Mayors are on the front lines of the biggest challenges facing the country, including the Coronavirus crisis.” - Michael R. Bloomberg “The urgent actions that mayors take could have outsized impact on the trajectory of COVID-19 in their municipalities and their countries.” - Dr. Kelly Henning, Public Health Program Lead at Bloomberg Philanthropies Source: Bloomberg Philanthropies <https://www.bloomberg.org/program/public-health/covid-19-response/> ______________________________________ UNITED STATES COUNCIL OF MAYORS MEET HAWAII'S MAYORS <https://www.usmayors.org/mayors/meet-the-mayors/> Rick Blangiardi Michael Victorino Honolulu, HI Maui, HI Mitch Roth Derek S.K. Kawakami Hilo, HI Kauai, HI
  • 4. UNITED STATES COUNCIL OF MAYORS OPERATIONAL BEST PRACTICES FOR MAYORS <https://www.usmayors.org/issues/covid-19/> COORDINATE Coordinate your area local governments and ensure you are speaking with one voice. DECLARATION Find out now what your powers would be under a state of emergency and consider declaring one, if you haven't done so already. TRANSPARENCY Be transparent and honest with the people in your community transparency can be an effective antidote to fear. CAPACITY Talk to your public health officials and hospital systems so you know their capacities. INVENTORY Do an inventory of your nonprofits and foundations to figure out who external to government can take part in relief and planning efforts. SCHOOLS Communicate with people responsible for schools have a plan for childcare and nutrition as a result of potential school closings. TEAMS Consider splitting staff from every department into two teams; 1 for those who are dealing with what's happening today, 1 for those who are thinking 2 weeks out about what we need to be worried about down the road. Image Courtesy of Grassroot Institute of Hawaii