Ige Sends out Secret Memo on Information Practices

by Andrew Walden

An ‘Executive Memorandum’ sent out by the Ige Administration August 25 urges State departments to obey the requirements of the State Uniform Information Practices Act (UIPA) which in various forms has been on the books since 1975.

Departments are instructed to obey the law by naming a UIPA point of contact and identifying that person or persons on the Department webpage. 

In a swipe at one of the Office of Hawaiian Affairs favorite tricks, Departments are also directed to “Disclos(e) government records in electronic form rather than paper form when that would reduce copying costs….”

The Memo instructs:

Consistent with Hawai’i’s Open Data Policy at HRS sections 27-41.1 and 27-44, each executive agency shall, as appropriate, post electronic data sets on the State’s open data portal at data.hawaii.gov, and link to them from its website. If there are additional government records that are frequently requested by the media or other members of the public, those records — to the extent practicable and without significant cost or effort — should be posted on the executive agency’s website or at the State’s open data portal at data.hawaii.gov  

This is in line with Act 64 of 2017 which requires ‘Board Packets’—information distributed to Board members prior to a vote—be posted online along with Board agendas.

Ironically, the Memo itself was not posted on the Governor’s news feed nor is it linked by any Hawaii.gov website.  It may be seen on an unadvertised url within budget.hawaii.gov.

The memo “does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the State of Hawai’i, its departments, agencies, or entities, its officers, employers, or agents, or any other person. This memorandum is not intended to change or redefine any law, but solely to declare a policy of directing and encouraging government departments and agencies to disclose publicly available information as quickly and inexpensively as practicable.”

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Link: Exec Memo 17-03