I have a column today in Civil Beat, the first one in a couple of months. It’s a long and complex tale, a followup on the controversial lighted tree in Hawaii Kai (“Ian Lind: Playing Hardball Paid Off For Hawaii Kai Tree Lights“).
It might help to skim over my earlier column on the situation published back in November (“Ian Lind: Why A Tree In Hawaii Kai Is Raising Questions Of Favoritism“).
Today’s column draws on about 50 pages of emails from the Honolulu Department of Parks & Recreation in response to my public records request.
The emails gave a feeling for what was happening inside the department as they dealt with the request to light the tree. The department indicated it had granted my request for records in full.
However, unless the city’s filing system is in much worse condition than it should be, there was a whole lot of pile of documents that weren’t provided to me.
My request, filed pursuant to Chapter 92F HRS, our public records law, asked for two types of records.
1) The special permit issued in late 2017 to allow a the placement of lights on a tree in Joe Lukela Park in Hawaii Kai, along with any correspondence, notes, minutes, memos, or other documents filed with or related to the permit, it’s issuance, amendment, implementation, evaluation, etc.
2) Correspondence, notes, minutes, memos, or other documents relating to Resolution 17-278, including any correspondence with City Council Member Trevor Ozawa, the donor or the donor’s representatives, members of the public, or other parties.
What I received was a limited number of emails, only one dated after the end of November 2017 (and that showed the parks department took 10 days to respond to a simple request for a copy of the permit issued for lighting of the tree, a request from the then-chair of the Hawaii Kai Neighborhood Board).
All the records provided were emails. No reports, minutes, memos, etc, no correspondence, no communications between the department and Council Member Ozawa.
Perhaps the city just does a poor job of pulling documents out of their system. Perhaps they just don’t keep many documents, although I think that would go against their own document retention rules.
Anyway, there’s likely to be more to this story before it’s over.
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Many of the documents (notes, memos, minutes) you requested could possibly be considered internal documents not subject to disclosure if they are part of internal discussions about what the official response or action should be.
However, communications to Council or the public from the Department should be provided since once they are sent they become public documents open to anybody to review.
Under the auspices that no matter what you write down or record, that as long as it is done in the public realm – meaning that if notes were taken in a meeting between the Councilmember and the constituent – I’d say that all notes taken in any meeting on this issue would be subject to the Public Records Law. With that said, I know that your initial request asked for all documentation as a general swath of everyone who had anything to do with this. However, I would probably also file, because obviously you didn’t get that, a formal request for all records from Councilmember Ozawa, his Chief of Staff or Legislative Aides that had any part of this issue to also yield their notes per request.
Christmas tree lights and the permit process to get them up….oh boy what a scandal.
Since Trevor Ozawa has testified on record that there was a significant volume of correspondence between his office and constituents who wanted to decorate trees, enough volume in fact to draft Bill 40, having no correspondence produced must be some sort of oversight. I’m sure Councilmember Ozawa and his staff will be forthcoming with this and other related correspondence.
Jonathan Fraser is still missing ! All the focus on the lights while the elephant in the room is that this young man was likely kidnapped and now his baby is growing up fatherless. I feel for his family and hope they find justice.
It would be irresponsible not to speculate if anyone who had a grudge against Jonathan was involved in his disappearance.
Who is Jonathan Fraser? How does he relate to the subject of illegal lights on public trees?
http://www.khon2.com/news/local-news/2-men-in-critical-condition-after-kaneohe-bay-dr-crash/1025651329
Accident involving Mike Miske son Caleb Miske and Jonathan Fraser who were best friends
Caleb passes away in April 201
http://m.hawaiinewsnow.com/hawaiinewsnow/pm_/contentdetail.htm?contentguid=od:8i2AJnZ9
Jonathan Fraser last seen July 30 2016