By Ashley K. Obrey, Esq. NHLC Senior Staff Attorney
Access to public records is essential to holding government officials accountable and protecting the interests of the public, including those related to ʻāina and traditional and customary practices. Obtaining information about a government action undoubtedly puts you in a better position to ensure that your rights are protected.
The legislature acknowledged this by enacting Hawaiʻi’s Uniform Information Practice Act (UIPA), noting that “opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.”
If a project is on your radar because it is on an agency’s meeting agenda, some relevant documents should be available on the agency’s website. But you are not limited only to what the agency posts online. Every person has the right to inspect or copy public records that may not otherwise be readily accessible.
A public record is anything – written, auditory, visual, electronic, or physical – made or received in connection with the discussions, deliberations, decisions, and actions of government agencies. Agencies are defined broadly to include all state and county government units but specifically excludes the nonadministrative functions of the Judiciary (obtaining court records is governed by court rules). Generally, if it pertains to the official business of an agency, it is a public record subject to disclosure with limited exceptions.
Requesting public records is fairly straightforward. Requests must be in writing and include a reasonable description of the requested records, how you would like to receive the records (mail, e-mail, pick up, copy), and your contact information.
UIPA requests are subject to processing fees; however, fee waivers are available if the records pertaining to the operations/activities of an agency are not readily available in the public domain and you have the intention and ability to disseminate information to the public at large.
A request form is available on the Office of Information Practices’ (OIP) website. Contact information related to the submission of UIPA requests can usually be found on the individual agency’s website.
By rule, disclosure is required within a reasonable time (not to exceed 10 business days from the date of your request). In extenuating circumstances, the agency may provide a written acknowledgement within 10 business days and disclose the records within a reasonable time not to exceed 20 business days from the date of the request.
Despite the policy of transparency, government agencies could deny disclosure of a public record if it would harm an interest protected by an exemption – including personal privacy, ongoing litigation, or frustration of a legitimate government function – or if disclosure is prohibited by law. Drafts of legislative documents may also be withheld.
Given the state’s policy of promoting the public interest in disclosure, the record will typically be released unless there is a compelling reason to withhold it. However, in the event that you disagree with the withholding of records, you have the right to appeal to the circuit court within two years after the request is denied. For more information go to: https://oip.hawaii.gov/.
E Nīnau iā NHLC provides general information about the law. E Nīnau iā NHLC is not legal advice. You can contact NHLC about your legal needs by calling NHLC’s offices at 808-521-2302. You can also learn more about NHLC at nativehawaiianlegalcorp.org.
