It appears Honolulu city officials are still trying to keep transit contracts under wraps, and the issue poses an immediate test of incoming mayor Peter Carlisle campaign commitment to transparency in his administration.
Honolulu attorney David Kimo Frankel offered up this account of his attempts to examine the first large construction contract.
In August 2010, I asked Councilmember Kobayashi’s office if they would be able to obtain electronic copies of all the construction contracts entered into for the rail project. She wrote a letter on August 30, 2010 asking for these contracts.
In response, City Transportation Services Director Wayne Yoshioka wrote that “the first contract is available for viewing by the public at the Purchasing Division of BFS. . . . As a courtesy, your information request for copies of the above contracts on behalf of a member of the public has been forwarded to the Director of the Department of Budget and Fiscal Services.”
Today (October 5, 2010), I visited the Purchasing Division of BFS to review the $482.9 million design-build contract for construction awarded to Kiewit Pacific Company on October 21, 2009. Initially, three people attempted to get me to provide my name. I refused because I know the law does not require that members of the public provide a name. I explained that I was an attorney and I knew the law. Staff members and finally a member of the corporation counsel’s office told me that they would not make the contract available to me that day.
First, they required 10 days advanced notice despite the fact that (1) the City Charter does not allow a government agency to delay providing documents; (2) the Department was informed by September 21, 2010 that members of the public wished to view the document; and (3) the City Transportation Services Director said that the contract “is available for viewing by the public at the Purchasing Division of BFS.”
Second, they said that the contract includes personal information, which is a ridiculous claim. While an individual’s social security is entitled to protection, corporations do not have an expectation of privacy that their EINs are confidential.
The Law
The Honolulu City Charter, section 13-105 provides in clear terms: “All books and records of the city shall be open to the inspection of any citizen at any time during business hours.”
The City Charter’s requirement is an independent source of ensuring that government records are open to the public.
The Uniform Information Practices Act is an additional level of protection of the public’s right to information. HRS § 92F-11 provides in pertinent part:
(a) All government records are open to public inspection unless access is restricted or closed by law.
(b) Except as provided in section 92F-13, each agency upon request by any person shall make government records available for inspection and copying during regular business hours.
HRS § 92F-12(a) provides in pertinent part:
Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours: . . .
(3) Government purchasing information, including all bid results, except to the extent prohibited by section 92F-13;
What will Mayor Carlisle do about this? We’ll soon see.
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You’re in a place that used to be a foreign country run by big chiefs or monarchs, then by a paternalistic federal government. The public was regarded as a bunch of children. There is no tradition of democracy or open government here. A lot of public officials have never quite learned to be American in the usual sense of the word.
Stuff like this must come to a stop. If Mufi supporters are wondering why he lost, accounts like the one offered by Frankel are a main reason, among many.
State procurement rules also require the contract file be open after an award of the contract
Duh, transparency. Why do government workers think we work for them, when they should work for us? Literally put up roadblocks to frustrate you, so you will leave and not bother them , and they can go back on another break.
The word is out. The Department of Planning and Permitting David Tanouye has included http://www.EnvisionLaie.com
into the Sustainable Communities Planning Document without proper vetting.
He allegedly accepted responsibility for this addition into the Plan. There was no consensus among the Planning Advisory Committee, he said.
Tanouye also disclosed he had met ‘many many hours’ and ‘many days’ with Hawaii Reserves and the campus i.e. BYU-Hawaii
o-u-t-s-i-d-e of the PAC Committee. This committee has not met for the past year. Tanouye also reported he met with two mayors – Hannemann and Caldwell and staff.
Now it appears to be a ‘rush’ to get this tied up before the new sheriff arrives. Whatever happens to the Sunshine law? It sounds more like a rush for campaign pay-back than anything else.
I have seen way too much of this kind of arrogance in government over many years. Gotta stop the scofflaws!
Some person or organization with financial means ought to sue the City.
If we do not support challenges to obvious mis/malfeasance by “public” employees, we deserve what we get (or don’t get as in this case).
Anyone else up for this battle?
The election results was
Abrecrombie 60%
Hannemann 38%
Rignt? This is a firm referendum against Mufi, right?
It sounds like Mufi Hannemann and Kirk Caldwell don’t understand that their modus operandi is scorned.
DG Andersen was offered sale of park land, Yes,
public park land in Haleiwa for his private developments.
Now Hawaii Reserves/BYU-Hawaii is granted the ok for the big new subdivision on ag lands in Kahuku? No kidding! Their poster boys lost. The DPP Director Tanouye is enabling this arrogance one last time. He should be fired.
We need Pierre Omidyar to fund Ryan Ozawa’s 0pen records project, with a litigation advocacy component.