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![handle is hein.sag/saghi0007 and id is 1 raw text is: LINDA LINGLE
GOVE NO
JAMES R. AIONA, JR.
LIEUTENANT GOVERNOR
STATE OF HAWAII
OFFICE OF THE LIEUTENANT GOVERNOR
OFFICE OF INFORMATION PRACTICES
NO. 1 CAPITOL DISTRICT BUILDING
250 SOUTH HOTEL STREET, SUITE 107
HONOLULU, HAWAI'I 96813
Telephone: (808) 586-1400 FAX: (808) 586-1412
E-MAIL: oip_@hawaii.gov
www.hawaii.qov/oip
This is an appeal of a denial of access to a government record under part II of the
Uniform Information Practices Act (Modified) (the UIPA), chapter 92F, Hawaii
Revised Statutes (HRS). Haw. Rev. Stat. § 92F-15.5. The Office of Information
Practices (OIP) is authorized to issue this ruling under section 92F-42(1).
DECISION
Requester:
Agency:
Date:
Subject:
Ms. Pamela Davis/Animal Advocate, Inc.
Hawaii Humane Society
August 7, 2009
HHS as Agency; Animal Control Enforcement Records
(APPEAL 09-5)
REQUEST FOR DECISION
Requester seeks a determination on whether the Hawaii Humane Society
(HHS) properly denied Requester's 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).
OIP had previously opined that HHS is an agency subject to the UIPA 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[.]
OIP Op. Ltr. No. 90-31. However, the Hawaii Supreme Court recently rejected the
totality of circumstances balancing test adopted by OIP to determine whether a
hybrid public-private entity falls within the definition of agency under the UIPA.
See Olelo: The Corp. for Comm'ty Tel. v. Office of Information Practices, 116 Haw.
337, 173 P.3d 484 (Haw. 2007); OIP Op. Ltr. No. 02-08.1 In light of Olelo, OIP as a
I Olelo: The Corporation for Community Television (Olelo) operates public,
educational, and government (PEG) community access cable channels on the island of O'ahu.
OIP Op. Ltr. No. 09-01
PAUL T. TSUKIYAMA
DIRECTOR](ViewImageLocal?handle=hein.sag/saghi0007&div=1&collection=&method=preview&ext=.png&size=3)