Civil Rights complaint filed with State of Hawaii Ombudsman

ACCUSES HAWAII HEALTH DEPARTMENT PERSONNEL OF PERFORMING INTERNET BACKGROUND CHECK AFTER INCRIMINATING EMAIL EXPOSED

by Sharon Rondeau

The Hawaii Motto translates to "The Life of the Land is Perpetuated in Righteousness"

(Mar. 10, 2010) — Kathleen Gotto, who last fall had requested information from the Hawaii Department of Health under the state’s UIPA law, has filed a formal complaint with the Office of Information Practices Ombudsman, accusing Department of Health employees of investigating her background on the internet and subsequently ignoring her request.

Her complaint was filed as a result of The Post & Email’s discovery of Hawaii Health Department/Vital Records personnel conspiring via email to ignore her requests based on their perceived notion of her political views after seeking personal information about her on the internet.

Ms. Gotto’s request did not involve the disclosure of vital records.  Rather, her questions centered on how the State of Hawaii records out-of-state births.  Her complaint, filed by email, reads:

From: Redacted
Sent: Sun, 7 Mar 2010 15:05:16 -0700
To: complaints@ombudsman.hawaii.gov
Subject: Gotto Complaint (final)

Dear Mr. Matsunaga,

Re: http://www.thepostemail.com/2010/03/05/hawaii-department-of-health-has-conspired-against-the-public-for-5-months/

I initially contacted you a few months ago (see your acknowledgement below), but may have done so online as I do not seem to have a copy of it and your response did not include my initial email.  However, I did follow your instruction on your website to try to resolve my difficulty in getting clear and unambiguous information releasable under UIPA laws from the Hawai’i Dept of Health and their Vital Records Dept.

Unfortunately, I have just discovered that Janice Okubo and Ken David apparently conspired to withhold information from me.  To make matters even worse, Mr. David took it upon himself to “Google” my name and investigate me!  I feel very violated over his actions.  I am requesting that your office investigate this matter and provide me a report of your findings and recommendations.  There needs to be consequences for this kind of conspiratorial behavior by state officials who are sworn to uphold the law; specifically, U.S. Code, Title 42, Chapter 21, Subchapter I of §1985. Conspiracy to interfere with civil rights.  The rights deprived are those granted in the UIPA for disclosure of government records.

I am also requesting the information that has yet to be provided.  Please see my attached email to Janice Okubo, et al.  The attached email gives a good audit trail for this issue.  However, I would like to correct the  assertion that Ms. Joestling made in her January 2, 2010 response to me.  She stated in her first paragraph, “…First let me clarify that a request under the UIPA is for records, not for information that needs to be compiled or collected.” However, IAW Hawai’i Revised Statues 92F-12, it states §92F-12 Disclosure required. (a) Any other provision in this chapter to the contrary notwithstanding, each agency shall make available for public inspection and duplication during regular business hours:

(1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

So I do not believe Ms. Joestling was correct in her statement above.  I was requesting policy information on the two questions still not satisfactorily responded to (in the attached email and excerpted here below), not for information that needed to be compiled or collected.

These are the questions still requiring a clear, honest and unambiguous answer.  As you can plainly see, Ms. Okubo is giving me a disingenuous answer in no. 3) and when I did as she requested in no. 4) and sent the question to the Vital Records Dept., Ken David investigated me online.

3) If there is only one index database, is there any indicator applied to the names therein that denote whether the party was born in Hawaii or out of Hawaii?  The index includes index data from Hawaii vital records.

Also,  (4)  If amendments are made to a Hawaiian Cert of Birth and a late birth certificate is issued in lieu thereof, is it reasonable to assume it is called a Late Hawaiian Cert of Birth? I do not understand your question.  Please send this request with clarification to vr-info@doh.hawaii.gov

In addition to the two questions above, I would like to know where and how out-of-state births are recorded.  According to Ms. Joestling, she believes that the Vital Records Dept only has in-state births.  Therefore, that begs the question where and how out-of-state births are recorded.

To sum up, I am requesting that (1) your office would investigate the violation of my civil rights by Mr. David and Ms. Okubo and provide me a copy of your findings and recommendations; and (2) to afford me the courtesy of an unambiguous and complete response to my three questions above.

With all the disinformation and disingenuous responses from Hawai’i’s Dept of Health on releasable information under UIPA, the American public needs to see that someone will hold state officials accountable to the law and adhering to their own policies and procedures.  I assume and trust that that responsibility falls to your Ombudsman office.  I thank you in advance for your attention to this matter.  Kanshaitashimasu.

Most sincerely,

Kathleen Gotto

————————–

Gotto wrote to the Ombudsman to appeal the Department of Health’s denial of her UIPA request.  Currently, the appeals process for denial of access to records or information from Hawaii state agencies is as follows:

“§92F-15.5 Alternative method to appeal a denial of access. (a) When an agency denies a person access to a government record, the person may appeal the denial to the Office of Information Practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appeal to the office of information practices for review of the agency denial shall not prejudice the person’s right to appeal to the circuit court after a decision is made by the office of information practices.”

The proposed amendment to Hawaii law, SB2937, introduced by State Senator Will Espero, which would label certain requesters “vexatious,” also removes the ability of citizens to file a complaint with the Ombudsman if they believe their requests have been denied unjustifiably, unlike the first version of the proposal.  If it passes the Hawaii House of Representatives during this session of the state legislature, it would be expected to become law by July 2010.

The Post & Email broke the news of the email exchanges between Hawaii Health Department personnel here.

20 Responses to "Civil Rights complaint filed with State of Hawaii Ombudsman"

  1. water softener filters   Friday, April 9, 2010 at 11:50 AM

    Who wills the end wills the means.

  2. Kathy   Monday, March 15, 2010 at 2:10 PM

    Another person may want to take that issue up.

  3. tminu   Saturday, March 13, 2010 at 12:30 PM

    Can you ask to see the written permission from BHO to Fukino allowing her to disclose his vitals in public? Otherwise, she violated HI law, and is guilty of a misdemeanor.

  4. Kathleen Gotto   Friday, March 12, 2010 at 10:04 PM

    Hi Mikki,

    I was at the Nashville Tea Party also and loved your display of genuine Hawaiian birth certificates! You brought the house down. I hope and pray that you will win election to Congress. You are a true patriot and from the sound of things, another person who does not suffer fools or traitors lightly!

  5. Kathy   Friday, March 12, 2010 at 9:03 PM

    Appreciate your input, Jean. I am waiting to see what kind of response I get from the Ombudsman office before I take the next step. And yes, I am considering the OIG. If nothing else, at least the actions of the HI Dept of Health is getting press. Whether they will be held accountable for their actions or not is yet to be seen.

  6. Miki Booth   Friday, March 12, 2010 at 4:06 PM

    Kathleeen, Sharon & Post & Email:
    You guys are my heroes.
    Me kealoha pumehana (with warm regard)

  7. JeanWTPUSA   Friday, March 12, 2010 at 2:28 AM

    Interesting Comments at TRSOL http://www.therightsideoflife.com/2010/03/11/certifigate-those-hawaiian-officials-dont-like-to-be-questioned/

    any lawyer suing Obama is entitled to information as well under Provision #4 of Statute 338-18
    4) A private or government attorney who seeks to confirm information about a vital event relating to any such record which was acquired during the course of or for purposes of legal proceedings;

    and

    Although you can’t get certified copies of Obama’s vital records because of Statute 338, you are certainly entitled to the VERIFICATION of any fact contained in Obama’s Vital Records. Hawaii DOH must reveal to you a verified fact; eg. Was Obama born in a hospital? Statute 338 allows you access to this information:
    —-
    HRS Statute 338-18

    g) The department shall not issue a verification in lieu of a certified copy of any such record, or any part thereof, unless it is satisfied that the applicant requesting a verification is:
    (5) An individual employed, endorsed, or sponsored by a governmental, private, social, or educational agency or organization who seeks to confirm information about a vital event relating to any such record in preparation of reports or publications by the agency or organization for research or educational purposes.

  8. Dan Smith   Friday, March 12, 2010 at 12:45 AM

    Let’s not forget about the “one year” requirement under
    Hawaii Statute
    I have always wondered if Dunham met the “one” year requirement in
    Hawaii statute 338-17.8
    http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0338/HRS_0338-0017_0008.htm
    and as far as “sealed” records goes, it is most likely that
    it is due to an adoption.
    Sealed Birth Records 578-15, 14,14.5,23
    http://www.capitol.hawaii.gov/site1/hrs/searchhrs.asp?query=sealed+birth+records&currpage=1

  9. Vic_Hern   Friday, March 12, 2010 at 12:11 AM

    AKAObama is a real riot……………waiting to happen.

    Remember where you heard that.

  10. JeanWTPUSA   Thursday, March 11, 2010 at 8:32 PM

    I would also file a complaint with the Office of Inspector General for the state of Hawaii who has jurisdiction over Civil Rights Violations. http://www.gsaig.gov/invest.htm They will handle the investigation and get the appropriate agencies/personnel involved.

    It appears that only the the matter of the UIPA will be investigated with the Ombudsman and not the egregious conduct of the HI DOH.

  11. borderraven   Thursday, March 11, 2010 at 5:51 PM

    Is it possible Barack Hussein Obama II, was born in Kenya, and the birth was later recorded in Honolulu?

    http://www.scribd.com/doc/28068666/Timeline-Obama-Kenya-Possibility

  12. Ginny   Thursday, March 11, 2010 at 1:53 PM

    Soetoro et al have been stonewalling to provide basic, necessary information for years now. That a simple legal question cannot be answered is all the proof I need that there has been a silent but deadly coup d’etat has taken place in this country and the sheeple population is totally unaware of it. Not a shot was fired just a stealth invasion and takeover. Is this country so brain dead that they cannot fathom that they are in chains already? Go Kathleen!

  13. Kathleen Gotto   Thursday, March 11, 2010 at 1:35 PM

    I just want to publicly thank John Charlton for all the hard work he has put into The Post and Email website, and for his star reporter, Sharon Rondeau. This website is doing a yeoman’s work in getting facts and circumstances published that the “lamestream” media refuse to address. If it’s not propaganda for their left-wing agenda, they won’t publish it.

    Folks, I believe that bit by bit we are building critical mass in getting the public educated and enlightened about what is taking place in this country. The government we have in WASH DC and even in some local areas and courts, has long abrogated its responsibility to adhere to our Constitution. No, it did not start with Barack Obama; it surreptitiously took over governing this country a long time ago. However, we Americans were asleep at the switch, thinking that one political party or another would set things right. We did not realize that the whole system was corrupt and badly broken.

    That was then. This is now. After having marched on WASH DC on 9/11/09, participated in the Free Republic Tea Party after that march, and participated in the 2/7/10 Nashville Tea Party, I can say unequivocally that AMERICA IS AWAKE AND WE ARE NOT GOING BACK TO SLEEP! How thrilling is has been to see millions of fellow Americans, young and old, families, and different ethnic groups all protesting the many issues we have against this de facto government. We all want the same thing: a de jure government respecting our rights and upholding our Constitution, and we are fighting for it.

    The reason why is simple: you just can’t “unknow” what you’ve learned. And we have learned that our government is not what the Constitution set forth regarding the limitations on government power. Each of us who cares about our country and our families and generations beyond must do all we can to sound the alarm and join the ranks of those who are fighting, enlightening, educating, and publishing what is happening and what we must do to fight back.

    We must ALL be Paul Reveres. I implore each of you reading this to do your part and do not leave it up to a handful of patriots. Press your legislators by mail and telephone; alert your families and friends and encourage them to do the same. Go to town meetings, march, protest, be vocal! We are faced with an environment of corruption and perversion in our nation’s capitol like we never have seen before. And if we can thank Barack Obama for one thing it is this: his perverted and despicable audacity was the huge wake-up call we needed to see the enemy for who and what it is.

    So, thanks Obama, whoever you really are, for being so arrogant and proud that you decided to dump the lot of us in boiling water. You might have gotten further along in your deception if you had turned up the heat slowly.

    Heartfelt thanks again to John Charlton and Sharon Rondeau for all their hard work. Support them folks. It takes money to get the job done. Sooner or later, it will be the proverbial straw that breaks the camel’s back. And know this: God will not be mocked. He will expose the darkness for what it is. In the meantime, let’s gird ourselves for the fight and get out there!

    ——————-
    Mrs. Rondeau replies: It is our duty as patriots to do the investigating and reporting that others will not. Everyone’s support for our work is greatly appreciated, as we support all of you who are making requests, appealing decisions, and working to get to the truth about who the man occupying the White House really is.

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  15. Pingback: The Right Side of Life » #certifigate: Hawaiian Officials Don’t Like Questions; Stats In; Complaint Filed

  16. c.scott   Wednesday, March 10, 2010 at 8:35 PM

    Good for you Kathleen, don’t let the Statists trample on your civil rights. Those in HI that abuse their public postions need to be made an example of. Maybe some jail time.
    Great reporting Sharon!

  17. James   Wednesday, March 10, 2010 at 6:55 PM

    They should pass it. I won’t become valid until July 1, 2050. Crazy legislatures!

  18. James   Wednesday, March 10, 2010 at 6:50 PM

    If the law passes, it won’t be valid until July 2010. This means we have until July 2010 to blast Hawaii DOH with as many Valid UIPA request as we can muster.

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  20. Rev. David P. McAfee   Wednesday, March 10, 2010 at 5:49 PM

    It is an interesting sage that is unfolding before our eyes. I hope that the OIPO has the integrity to investigate this matter and in a timely fashion. It is taking the concerted efforts of people all around the country to stop the attacks on the Constitution and to shed light on the possibility that there is a usurper holding the highest office in the nation. I appreciate the work of Kathleen Gotto and the excellent reporting of Sharon Rondeau and the Post & Email. God bless America!

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