The state’s Office of Information Practices has, for the second time, determined that the Hawaiian Humane Society is an agency that must comply with the public records law and make its records available for public inspection as required by law.
Back in 1990, OIP issued a legal opinion (Op. #90-31) that dog license information maintained by the Humane Society had to be publicly disclosed. The licensing information was found to be public, even though it is held by the Humane Society rather than a government office, because it is collected and maintained by the organization under contract to carry out a traditional government function required by law.
The most recent opinion (Op. # 09-1), issued earlier this month, came after the Humane Society turned down a request for:
“any and all complaints and the disposition of such complaints, pertaining to the [woman known as the "Cat Lady"] and the animals in her possession, and any and all notes, investigative reports, photographs, e-mails, telephone messages, and all other documents regarding the woman and the animals she keeps” (the “Cat Lady Investigation”).
The request for these records came from Animal Advocate, Inc., which has been seeking them since last year.. The group provided this summary in an email early this year.
For the past 10 years or so, the “cat lady” has been keeping cats, kittens and other animals confned in small traps, cages, and carriers, 24 hours a day, 7 days a week. The animals are never let out of the cages, and their feet are never allowed to touch the ground. We have produced a 16-minute documentary which premiered on ‘Olelo on February 5, 2009, and has been showing since that time on Channels 49 and 54. If you missed seeing it, you can view it on our website.
In the video, we describe that we have written to Pamela Burns at the HHS regarding the situation, but we have never received any response to our letters. She did, however, deny our request to obtain the records of the HHS’ visits to the cat lady. Rigo Niera of the HHS says an officer visits her once each week. Since the inhumane confinement has been going on for about 10 years, and since we know many, many citizens have called and written to complain about the situation, we think it would be very useful to
obtain the records. (We know about the complaints because we were able to obtain some records from the City Customer Services Department and the DOH, Vector Branch.) After Ms. Burns denied our request for records (which we made under the provisions of the UIPA law), we appealed her denial to OIP.
In any case, OIP again considered whether the Hawaiian Humane Society is an agency subject to Hawaii’s public records law (Uniform Information Practices Act, Chapter 92F HRS).
OIP again found that government authority to enforce a series of animal-control laws is delegated to the Humane Society by contract. These laws cover matters such as cruelty to animals, fighting dogs, animal abandonment, barking dogs, regulation of dangerous dogs, etc.
The law defines a government “agency”:
“Agency” means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State.
OIP found:
Because the Animal Control Contract delegates the City’s duty to enforce certain animal control laws designated in the contract, OIP concludes that when HHS enforces such laws it substitutes for the City in performing a governmental function.
This led OIP to the conclusion that the Humane Society records relating to the functions it performs under contract with the city are subject to the public records law and must be disclosed unless they fall in one of the few enumerated exceptions to disclosure. And OIP said further that given the scope of the request, there are certainly records which will have to be turned over.
It’s an important decision, as it again spells out circumstances under which a private organization may be subject to the public records law. In the age of privatization, this becomes a very important issue.
The HHS – what a joke. I sent to
Pamela Burns
pburns@hawaiianhumane.org
emails delineating many instances of captive birds subject to 24 hour constant confined exposure to cigarette smoke. I mean constant! smokers puffin away like chimneys four feet away from these numerous caged birds. She couldn’t care less! of course! It is a “state” run organization. Oone of their mission statements is: “Hawaiian Humane Society teaches and promotes humane treatment for every living creature ” but if you tell em; hey. some dog is getting beaten every other hour, on the hour… ” they will say: “hey! a cockaroach is getting squished every two minutes here in Hawaii. We can’t watch after “every living creature! I mean c’mon! that mission statement was written by a mainland ad agency!”
The Hawaiian Humane Society should be very worried about the public impression it is spreading!
Ian, I believe is sits content eating its bonbons without a care in the world. Oblivious to the rest of the world. similar to other “state” orgs.: DHHL. HTA. DLNR
When I was on Oahu I used to always see the “Cat Lady” at various bus stops.
There is also a “Bunny Lady” who trucks around a shopping cart full of Rabbits. The last I saw of her she was hanging out at the Ala Wai Park.
She at least let the bunnies run around in the park once in a while. It sure was interesting watching her hustle in those fur balls when it’s time to do whatever she does with them.
Trust me… those bunnies multiply like “Rabbits”.
there is also a cat lady on Judd street. Just around the corner from the Mormon church. Was doing home remodeling nearby. we called it stinky cat house. She is a very old haole lady with dozens of cats. rabbits learned to multiply by watching her cats.
I understand in SF their version of our humane society will pay you $5 for each cat you bring in to be spayed or neutered, unlike our humane society which charges you the $5/feral. I have gotten 27 cats thru HHS and Cat Friends because I have a heart for cats. And I’m not complaining about the price. I’m saying think about it, really if HHS wanted to address the situation, it could be done.
I meant I have gotten 27 cats FIXED . .
Whew!
Ian – thanks for sharing this information. We tried unsuccessfully to pass a law on kenneling/caging of animals and the HHS opposed it all the way. We all know of animals that are being kept in horrible conditions similar to the Kakaako Cat Lady. The bottom line is that kenneling/caging these animals with little or no space to move is simply inhumane. The HHS even contradicted themselves during testimony given to the House and Senate Judiciary committees. They said “the law doesn’t need strengthening”….then they said “there’s nothing we can do to enforce the existing law…” I think what is so very sad is that most animal welfare advocates really just want to do the right thing for animals. It’s too bad the HHS is so deeply entrenched in their bureaucracy and committed to perpetuating the status quo. And they are doing every thing possible to shut down the Oahu SPCA because of perceived threats to their existence.
Yes, the cat lady has a problem and needs mental health support. What exactly is your issue with HHS? Sounds like all on this site wanna fight. HHS does great work and the staff are very thoughtful and compassionate with both people and animals.
“What exactly is your issue with HHS? HHS does great work and the staff are very thoughtful and compassionate with both people and animals.”
Chris. READ… the comments above. READ Ian’s article.
I don’t understand… what is Animal Advocates Inc. trying to accomplish by obtaining the records? I go surfing at point panics and see the cat woman all the time with the cats on leashes.. The fact that they say they never touch the ground is simply not true. I’ve tried to talk to her about the cats to see if she will give me one, and all she would tell me is that she loves these cats and wishes everyone would leave her alone.
Granted, she may have some mental issues, but the cats I saw were healthy and loved her to death. I’m more concerned about her health.
what is everyone freaking out about? think about it.. if the cats were in such horrible shape, don’t you think they would’ve been taken away already?
It’s clear to me that a lot of people have no regard for the woman’s rights or health. Why don’t they go after the people allowing this mentally sick woman to roam the streets? Ask for their records.. and if you got them, then what? nothing..
Kimo- Do you expect us to believe that the humane society said that about cockaroaches? get real.. and where do you get that a dog is being beaten every hour on the hour? your ridiculous statements are hillarious and childlike, but a waste of space on this blog.
Alicia- why are you mentioning this fly by night Oahu SPCA in this blog? I’m sure the humane society has better things to do. This entire discussion is about a homeless lady and her animals..
Chris- I totally agree with your comment. It amazes me how people easily lose focus on the topic at hand and for their own personal agendas.
Bottom line is… I’m sure if any one of you were in the cat ladys shoes, you wouldn’t want anyone to release any information about you to a bunch of nosey strangers who have tried to use your situation for their own personal gain.
peace
…some people’s children…
Ikaika, I do believe you are being deliberately obtuse.
Please create a “Leave the HHS uuuhLONE! crying youtube vid”.
That would garner more sympathy for your cause.
At the Hawaiian Humane Society, we are very concerned about the issues brought up in this blog entry and want to clear up confusion so that readers are correctly informed about our position.
The UIPA actually does support confidentiality of certain records for many reasons, including the protection of individual’s privacy, civil rights concerns, and to maintain investigative integrity. Law enforcement agencies across the State and Country support these exceptions.
In the particular case of the Kakaako Cat Lady, our investigation continues and we believe that disclosure of any records relating to the investigation would be contrary to law and a violation of individual rights.
We are aware of Animal Advocate Inc.’s claims and if they or anyone else feel that we are not enforcing the law as aggressively as possible, they are welcome to request that HPD conduct its own investigation into the situation as HPD also has the authority to enforce the animal cruelty laws.
We strongly object to any commentary that opines that we do not care about animals and are less than vigilant about our commitment to animal welfare and protection.
Over the years, we have rescued thousands of animals from cruel conditions and those efforts are only successful when we enforce in accordance with laws and with the support of the courts. In other situations that may not be ideal but are not considered animal cruelty, our role as educators help us elevate living conditions by establishing a relationship and trust with caregivers.
As for the confinement and hoarding bills at the Legislature that we and all other local humane societies opposed, we believed that the language was short-sighted and emotionally reactive around a singular high-profile case. We believe strongly that an effective, well-crafted law requires more expert discussion and that’s why we are leading a task force to address the issue of pet confinement next week. Oahu SPCA, Animal Advocates and other community groups have been invited to the table to engage in this discussion. We believe strongly that there needs to be less divisiveness among animal welfare groups and we have never tried to undermine the success of any organization that shares our mission of the humane treatment of animals.
Pamela Burns
President & CEO
Hawaiian Humane Society
Animal welfare organizations are only “invited” to the table with HHS when it serves their own purposes. HHS is going to introduce their OWN kenneling/caging bill in 2010. So instead of providing language on the 2009 bill to strengthen it (a bill that was introduced on behalf of Animal Advocates), the HHS opposed it. The problem with HHS is that they don’t support the GOOD being done by any other animal welfare organization.
And by the way – as the former Director of Community Relations at the HHS, I have direct knowledge of the good, the bad and the ugly of the organization. But the biggest difference between the Oahu SPCA and HHS is that we believe collaboration is the key to reducing euthanasia. We need more caring people and organizations committed to animal welfare – not fewer (and yes – we even need the HHS). The Oahu SPCA may be the newest organization on the block, but we are dedicated to the animals – VOLUNTEERING 12 to 15 hours each day to care for them. I think our actions speak louder than words.
“We strongly object to any commentary that opines that we do not care about animals and are less than vigilant about our commitment to animal welfare and protection.”
of COURSE… one would object…. But; actions speak louder than words.
woah. I wrote my comment then hours later read alicia’s. coincidence….
Dear Ian-
Animal Rights Hawai’i received an invitation from a company named WHERE TALK WORKS, to a meeting on Sept. 2, 2009, at the Hawaiian Humane Society, regarding tethering and caging of dogs and cats.
I responded, asking several questions (copies of e-mails sent separately). The only response I received was a list of invitees. Two people on that list have as of Saturday, August 29–not received an invitation. Most egregiously, Pamela Davis, the originator of last session’s bill (SB1222) has been excluded.
This behavior of HHS is hardly conducive to successful cooperation to help animals. It does, moreover, illustrate the divisive, arrogant attitude of some of our local humane societies towards any ideas that do not originate with them.
Cathy Goeggel of Animal Rights Hawaii sent a message to you on 8/29/09 regarding a meeting at the Hawaiian Humane Society to discuss tethering and caging of dogs and cats.
In her transmittal she indicated that Pamela Davis and another unnamed individual had not been invited, though their names appeared on the list of invitees.
I appreciate and share her concern about two individuals on the invitation list that had allegedly not been invited. Just wanted to assure you that the individual specifically named, was mailed an invitation and follow-up survey the same time as all other invitees. We did not have contact information other than a mailing address, and, therefore have not been able to reach that person directly to verify their receipt of their invitation and to reiterate that their participation in the 9/2/09 meeting is welcome and would be much appreciated.
The meeting is intended to bring together a range of stakeholders to explore reaching consensus on appropriate methods for dealing with caging and tethering of cats and dogs. Invitations have been extended to The HSUS, Animal Advocates, Inc., Animal Rights Hawaii, OSPCA,the Hawaii Veterinary Medical Association, The Cat Clinic, The Hawaii Kennel Club, The Pet Spot and the Island Humane Societies across the state as well as two other individuals familiar with legislative issues.
I regret that this effort has been viewed negatively when the actual intent has been to convene a manageable sized cross sector group of stakeholders for thorough discussion of the aforementioned topic.
Where Talk Works, Inc. sent out the invitations and surveys as we will be providing a facilitator and recorder for the meetings. Just wanted to clarify our role and share this information with you.
Mahalo,
Linda Colburn – Where Talk Works, Inc.
[editor note: I considered editing out this comment, but it seems that criticism of the Hawaiian Humane Society strikes a very sensitive chord, and this comment clearly expresses one side of the issue. So I'm letting it through.]
What is it about the internet that gets people to make such wild unverifiable adversarial and just flat MEAN claims and accusations? Grow up!! Stomp a roach give a dove on your Zippy’s outside table lung cancer, ma foi! Why don’t you all go join the Steve Irwin and kill a few whalers? Or convince Africans to stop harvesting lion penis for the Chinese virility trade instead of hassling the folks(HHS) who are doing the best they can to protect companion animals? Roll your confused minds down to the legislatures and get the homeless some relief instead of chasing them from one bivouac to another. As long as we all fight one another there will be no peace anywhere
Ma Foi! quelle idiote! (Mme. Suzanne is perhaps sous l’influence…) sadly, when concern about animals is discussed, there is always someone who will exhort us to help the homeless- meaning homeless humans–I respond that there is room in our hearts for all creatures, houseless or not.