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.

1. Sept. 20, 2010
Noel T. Ono
Director
Department of Human Resources
City and County of Honolulu
650 South King St. 10th Floor
Honolulu, HI 96813
Dear Mr. Ono:
I am writing this letter in response to your Sept. 17 letter to Nanea Kalani regarding the
Civil Beat open records request for the names, salaries and job titles of temporary and
permanent employees of the City and County of Honolulu.
I think at this point it would be better if you communicated regarding this issue directly
with me, as Nanea's supervisor.
I'll address the issues you raised in your Sept. 17 letter in order:
1. We have not picked up the job titles and salary information, because the content you
are offering to provide doesn't comply with our request nor is it in an electronic format,
which is the format we requested.
2. We believe Cathy Takase's opinion is clear, and correct regarding the release of
these records. "Although there may be legitimate arguments that identifiable salary
information is the type of information that would usually fall under the UIPA's privacy
and frustration exceptions, those arguments cannot be considered here because of
the statutory requirement that this information be disclosed without consideration of
the exceptions to disclosure under HRS 92F-13." If you examine the information
released by the state in response to a similar request from Civil Beat, you will find that
the names of corrections officers and deputy sheriffs were provided. The only
exception Ms. Takase cited was an employee who is or was in an undercover law
enforcement capacity. While Civil Beat questions that distinction, and certainly doesn't
accept that it applies to "plain clothes officers," it is willing to accept her limit at this
time, without conceding its right to challenge the question sometime in the future. We
would be happy to discuss with you how you could release the positions and salaries
of such officers without including their names. The reason we question the distinction
is that by definition an undercover officer works or worked using an alternative
identity, so in our view the release of their real name shouldn't be an issue. To be
clear, we do not accept the idea that the possibility of future undercover work is a
legitimate reason not to disclose the identities of police employees, nor are we
prepared to discuss that possibility. That exception could lead to an essentially secret
police force, where the public doesn't know the names of the people given the power
of the badge and gun, something that is contrary to the principles of an open society.

2. 3. We did not publish your letter to OIP stating your concerns because we didn't have a
copy, despite what you suggest in your letter. We appreciate you providing the copy
and have now posted it on our website in the article you cite. We have also made
explicit that the OIP opinion was issued at the city's request. It was not our intent to
create any misimpression, but we appreciate you raising that concern with us.
4. We have a difference of opinion on the OIP opinion. We do believe it was a
vindication of an important principle: that the public has the right to know the names
of government employees, along with their salaries and job titles or positions. We do
agree that it was a measured response to the city's inquiry.
I hope this response is helpful. I would be happy to discuss this matter with you over the
phone. I can be reached at 808-377-0246. I look forward to working with you to resolve
this matter.
Sincerely,
John Temple
Editor, Civil Beat
3465 Waialae Ave., Suite 200
Honolulu, HI 96816