IT SEEMS THAT FEAR OF LEGAL ENTANGLEMENT IN FUKINO’S STATEMENTS SPURRED MOVE OF SELF-INTEREST
by John Charlton
UPDATE: Miss Okubo emailed me on Feb. 10th, at 7:26 AM, Honolulu time about a UIPA request I had made, so I can confirm that she has not resigned. She explained that responses to UIPA requests have now been assigned to a staff person, and apologized for the inadequate response I received. I apoloize to the readers of The Post & Email for assuming that the HI Department of Health has its act together.
(Feb. 9, 2010) — The Post & Email cannot positively confirm tonight that Janice S. Okubo has resigned from her position as Communications Director for the Hawaii Department of Health, but indications given from the Department of Health staff seem to indicate that her resignation has been decided and that it will shortly be announced.
This inference is based on the fact that Okubo, unlike her usual practice, is no longer answering UIPA requests, but instead, these responses are being sent out of an anonymous Department of Health information address.
In an attempt to ascertain whether this interpretation is correct, I called Rita A. Hoopii-Hall of the Hawaii Department of Health’s Human Resource Office and asked her point-blank: “I am calling to confirm or deny the rumor that Janice Okubo has resigned from her position as Communications Director for the Department of Health. Can you tell me if she has resigned?” To which Mrs. Hoopii-Hall replied: “I can neither confirm or deny such a rumor.” To which I replied, “If it were not true, you would simply deny the rumor, wouldn’t you?” To which she replied, “From where I am I cannot do so, without going to another office and asking them. I can say this much: If and when such a resignation is made, I would be sent a copy of the letter of resignation; and I can confirm that I have not received such.”
The Post & Email will attempt to confirm these developments tomorrow, when the offices of the Department of Health are open. But such a response from Hoopii-Hall appears to confirm it.
I consider the resignation of Okubo likely on account of the recent email exchange I had with her. In that exchange I wrote her the following letter on January 26, 2010:
Dear Miss Okubo,
I commiserate with your budget problems, but the situation is not out of your control. Hawaii Statutes authorize the Director of the Department of Health to release kinds of information which your department has spent lots of time and money refusing to release. Like my request which you say you have responded to. Any court in the country, esp. in Hawaii is going to have a hard time believing that your office lacks all those documents I just requested. You would lose the lawsuit and have to pay attorneys’ fees, including travel expenses to Hawaii and lodging during the time of the trial. And yes, I have several lawyers willing to jump on the case.
So if you have not considered the specified requests in my Corrected Version 3 email to be a UIPA request, please do so, and I hereby renew it as part and parcel of my request.
But you also have statutorially defined discretionary authority to limit the impact all these UIPA requests are having on your office by means of releasing data which you can release:
I refer to HRS §338-18 Disclosure of records.
Subsection (d): Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.
So your department can save a lot of money if you start using your discretionary authority to release more data. The statue gives wide latitude to the Director to decide which data to release.
Moreover, if you seek advice from the HI Attorney General, you will find that in releasing what purports to be a HI Certification of Live Birth, Barack Hussein Obama II has waived all privacy rights to the disclosure of his original vital records, because, in the matter of such a public claim, the HI DoH has the legal duty to confirm or deny the authenticity of such a claim; if anything whatsoever in that very public claim were to differ in the slightest manner from ALL the information you have on file or record, then the responsible DoH officials would be complicit in committing the federal and state crimes of misprision of felony in a matter of document fraud and federal election fraud, not to mention the consequent legal liabilities of civil damages which could be sought against you personally and as a department by all the members of the armed forces who are maimed or killed serving under Obama, if in fact he is not eligible for the office of president, in not being a natural born citizen of the USA, either by reason of having a foreign father or being born outside Hawaii.
And for Goodness sake, no one in the country is going to be upset if the data you release is true. We after all have a right to know, don’t you think so?
But it is in your best interest to start releasing data...don’t sacrifice your careers and personal fortunes for Obama.
Perhaps my letter sparked a visit by Okubo to her personal attorney and she acted in her own interest. Such a resignation at this time would be a very strong confirmation that my warning, above, is not based on mere speculation of facts, but on the actual situation in that Department.
Finally, it must be emphasized that the resignation of Okubo at this point is nothing more than an unconfirmed rumor.
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