Tag Archives: hawaiian humane society

Monday…OIP says Hawaiian Humane Society must publicly disclose records of its Cat Lady investigation

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.

Friday…Starbulletin.com changes, book on Kauai police by former S-B reporter, questions about Humane Society accountability, puppies need good homes, and Feline Friday

I was checking out Starbulletin.com this morning and realized that they’ve added headlines from “Other Hawaii Media”, including rival Honolulu Advertiser and three local network broadcast stations.

To make room, they apparently dropped the detailed “Today’s Edition” story list that used to appear on the main page, which made moving through the days stories simple and direct. It seems to be included with individual stories, though, making it simpler to jump from one story to another without returning to the main entry page.

And do check out Andy Parx’s update on KPD Blue, the book by former Star-Bulletin reporter Anthony Sommers which takes a close and apparently unwelcome look at the Kauai Police Department.

The group, Animal Advocates, Inc., is questioning the Humane Societies handling of the street person known as the “cat lady”. They have produced a video about the situation, which they believe amounts to animal cruelty because these cats are kept in small cages 24 hours a day. The case has raised tough issues about animal care, enforcement of animal control laws, and issues about public records.

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.
That was several months ago, and we still have no word from that agency regarding our appeal. We do know, however, that a few years back, the OIP ruled that the HHS receives taxpayer money and is therefore subject to the UIPA.

Here’s the key finding of that OIP opinion issued back in 1990:

Recognizing that a determination whether an entity is an “agency” subject to the UIPA must be made on a case-by-case basis given the myriad of organizational arrangements for getting the business of the government done, we conclude that for the activities within the scope of its agreement with the City, and its enforcement of State and county laws enacted for the health, safety, and welfare of the public, the HHS is an agency subject to the UIPA. Under the UIPA, an “agency” includes “corporation[s] or other establishment[s] owned, operated or managed by, or on behalf of this State or any county.”

One side note by Animal Advocates:

Moreover, we are very troubled by the fact that the animals are allowed to breed, with the full knowledge of the HHS. After the kittens are born, the HHS picks up the kittens and puts them up for adoption. This unrestricted breeding is wrong, and the HHS should not be participating in it and encouraging it. Perhaps this is one reason why the HHS will not turn over copies of their inspection reports to us.

Another animal advocate added this comment in an email to me:

HHS is most likely resisting this request for information because they do not keep records of most of the phone calls they receive. Even tho they should be.

For example, I had a loose dog attack one of my house cats on Saturday night. We found her body yesterday. I immediately called the Hawaiian Humane Society who told me that I needed to call HPD and then send them a copy of the HPD report when finished.

We know for sure that there is absolutely no record of that call – they didn’t even ask my name – even tho enforcement of the “ dangerous dog “ law is a paid service by the city and it was HHS that should have responded to my call and taken the report instead of HPD.

Is it no wonder that HPD officers always seem so disgusted when they speak of the HHS ?

From loose dogs to hurt animals HHS just can’t ever seem to get to the scene of anything and HPD is always forced to respond on their behalf.

If we are not allowed to review any of the HHS records regarding complaints and outcomes what is going to make HHS feel that they are accountable to the public ?

There are a lot of serious and complex issues tied up in all this. Comments about your own experiences with the Hawaiian Humane Society or enforcement of animal laws are welcome.

[text]The eight puppies of Ms. Pe’a are five weeks old and are looking for good homes. They live just around the corner from us in Kaaawa.

Pe’a is a happy and beautiful Rottweiller and apparently a very good mother. These puppies are so cute that even we have wavered in our feline-only resolve. They’ve been raised with lots of contact by their people, and are really going to be quite wonderful dogs. Pretty big dogs, though. We’re told they’ll probably be in the 70 pound range, given the size of their parents.

[text]Interested yet? Have you clicked to get the larger version of the photographs? If you’re at all tempted, let me know and I’ll put you in direct contact with the puppies’ people. Just email me, ian(at)ilind.net.

[text]And, as promised, a substantial batch of Feline Friday photos. This happens to be Ms. Kili cozying up to the basket of cat toys. We periodically pick up all the assorted cat toys, cat spit and all, and pile them all back into the basket. In short order, one or another of the cats will tip the basket over to check out their favorites. Ms. Kili is a frequent offender in this regard.

In any case, only Leo is missing from this week’s cats. I’m not sure where he was when the camera was in use.

So click on Ms. Kili’s picture for more.