The members of Civil Beat’s editorial board are Pierre Omidyar, Patti Epler, Jim Simon, Nathan Eagle, Chad Blair, John Hill and Jessica Terrell. Opinions expressed by the editorial board reflect the group’s consensus view. Chad Blair, the Politics and Opinion Editor, can be reached at cblair@civilbeat.org.
Consider these words: 鈥淚n a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.鈥
Those words come from the introduction to , which details the state鈥檚 public records law 鈥 also known as the Uniform Information Practices Act 鈥 and open meetings law 鈥 also known as the Sunshine Law.
Until March 16, the laws formed the cornerstone of the public鈥檚 right to know what their government officials are doing.
But on that date Gov. David Ige suspended these provisions of 92F until May 15 as part of his supplemental emergency proclamation in response to COVID-19.
鈥淎ll reasonable measures will be taken to ensure public participation that is consistent with recommended social distancing practices,鈥 according to from the governor鈥檚 office.
Cheryl Kakazu Park, head of the , subsequently seized on Ige鈥檚 order to tell state agencies to essentially for records.
At a press conference Tuesday, Ige dodged a question about why he’d essentially eliminated access to public records. He found it much easier to explain his rationale behind shutting the public out of meetings — good social distancing practices, he says.
Ige pointed to the example of legislative committees that have been using video-conferencing to conduct hearings while they are out of session due to COVID-19.
“The hearings are still public. They do publicly announce the meetings,” he said, but explained that the legislators and other participants are physically separated.
The public meetings law was suspended “so that we could continue to do the public’s business in the public eye in a different way.”
Anyone who has tried to watch a recent legislative hearing via YouTube or the public access channel, Olelo, must wonder how Hawaii managed to make it to the year 2020 with such terrible video-conferencing and public participation technology. U.S. Sen. Brian Schatz gave the state Senate commiittee a scratchy rundown of the $2.2 trillion federal stimulus package via an old-school speaker phone with the camera trained on its blinking buttons. But that’s a different story and a future editorial.
Still, the Facebook Live streamed press conferences from the Ige administration, Honolulu Mayor Kirk Caldwell and other county mayors have been garnering thousands of viewers, even if they can do little more than post comments on the side.
The special committees on COVID-19 in the state House and Senate give the public a glimpse of lawmakers wrestling with the state’s response. Lawmakers in the room and those joining electronically from home are asking tough questions and demanding answers of a parade of state officials.
These are trying times, and they warrant many of the serious actions taken by our government to mitigate the virus such as quarantining and social distancing.
But stringently curbing public and media access to governmental proceedings and documents should not be part of the state鈥檚 response.
As Civil Beat reported Monday, Ige鈥檚 suspension of 92F was far harsher than action taken anywhere else in the country.
It comes at a time when the public is clamoring for more information about a situation that is truly life and death not to mention financially devastating for many families.
Stringently curbing public and media access to governmental proceedings and documents should not be part of the state鈥檚 response to COVID-19.
Now is not the time for less access to government. Ige needs to adopt the recommendations in the delivered to him from The Civil Beat Law Center for the Public Interest, asking that he lift the prohibition on public records and revisit the requirements for open meetings to a much more sensible level.
As the center鈥檚 executive director, Brian Black, points out, some parts of our government need to continue operating even under crisis. And the public needs to be able to participate as best it can.
鈥淕overnment leaders must be willing to stand up to informed public scrutiny because when citizens know through public access laws that government is accountable, it reduces public anxiety about government decisions,鈥 Black wrote.
鈥淪uspending the laws entirely was recklessly over-broad. Thus, while limits tailored to this emergency are appropriate, blanket disregard for public rights of access only adds to the chaos.鈥
Bottom line: 92F must be reinstated immediately.
The Civil Beat Law Center for the Public Interest is an independent organization created with funding from Pierre Omidyar, who is also CEO and publisher of Civil Beat. Civil Beat Editor Patti Epler sits on its board of directors.
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The members of Civil Beat’s editorial board are Pierre Omidyar, Patti Epler, Jim Simon, Nathan Eagle, Chad Blair, John Hill and Jessica Terrell. Opinions expressed by the editorial board reflect the group’s consensus view. Chad Blair, the Politics and Opinion Editor, can be reached at cblair@civilbeat.org.
Lucky my request for a copy of the amended Hitachi (fka Ansaldo) contract for rail operations and maintenance was fulfilled, and it only cost me $2.25 to have three entire attachments (about 30 pages)聽redacted.聽 Anyone who's interested in seeing the document should go http://uipa.org and search for "Hitachi."
NatalieIwasa·
4 years ago
Apparently the Governor was attempting to control and dispense with crowds infected people at "open" public meetings, and was unable to separately define meeting records that are required to be open to the public, whether the meetings are in a conference room or in the back room with or without the public.聽 Complexities abound in the furtherance of public confusion.聽 Most telling is the absence of immediately addressing essential corrections to maintain the intent of the law.聽 Meetings held by public officials working on the public's business can be open to the public by simple means of public broadcast.聽 Records of those meetings must be maintained in the greater public interest and for future reference.聽 What is there to hide?
MSMatson3·
4 years ago
Kudos Civil Beat for reporting this.Seriously, who is the oligarchy controlling Hawaii? What part of the Sunshine聽 Law do we not understand?
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