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Request for Financial Disclosure
from
The Office of Hawaiian Affairs (OHA)


(SEE UPDATED INFORMATION BELOW)


OHA Audit Letter, Audit of The Office of Hawaiian Affairs Office and Request for Financial Disclosure

October 17, 2008

Clyde Namuo
Administrator
Office of Hawaiian Affairs
711 Kapiolani Blvd., Ste. 500
Honolulu, Hawaii 96813

Dear Mr. Namuo:

            I represent Dennis "Bumpy" Kanahele for various matters. Recently, Mr. Kanahele has asked me to request certain financial information from the Office of Hawaiian Affairs (OHA). Because OHA is a government agency and has been subject to prior requests for information pursuant to Chapter 92F of the Hawaii Revised Statutes, Mr. Kanahele sets forth his specific requests on the State's Office of Information Practices form, Request To Access A Government Record, attached hereto and made a part hereof.

            Please do not hesitate to contact me should you have any question regarding this request. We also thank you in advance for your attention to this request and ask that, if possible, you contact me with an estimate of fees to be incurred in the gathering and copying of those documents.

OHA Audit Letter, Audit of The Office of Hawaiian Affairs Office

Cc: Dennis "Bumpy Kanahele"
       State Office of Information Practices









REQUEST TO ACCESS A GOVERNMENT RECORD

DATE:October 17, 2008
TO:Administrator, Office of Hawaiian Affairs
FROM:Dennis "Bumpy" Kanahele
 c/o Gerard A. Jervis, Esq.





Requested Items:
  • Central Pacific Bank monthly custodian statements for FY05, FY06, FY07 and FY08.
  • Goldman Sachs investment statements and reports for FY05, FY06, FY07 and FY08.
  • Frank Russell investment quarterly statements and reports for FY05, FY06, FY07 and FY08.
  • FY07 monthly invoices from Frank Russell.
  • FY07 OHA Financial Statements.
  • Administrative and cost center accounting and budgeting practices.
  • Approved January 2008 Action Items.
  • Cost Center and Object Code affiliated with the distribution of Hawai`i Maoli Grant received April 30, 2007 in the amount of $14,490.
  • Cost Center and Object Code affiliated with the distribution of Hawai`i Maoli Grant dated May 29, 2007 in the amount of $27,550.
  • Board Policies pertaining to the Administrator's Granting Authority.
  • FY07/08 grant issued to the University of Hawaii at Manoa Kamakakuokalani Center for Hawaiian Studies Ka Papa Lo`i O Kanewai.
  • FY05, FY06, FY07, and FY08 Kau Inoa Granting Policies and Procedures.
  • FY04, FY05, FY06, FY07, FY08 Board Policy and Administrative Procedures pertaining to Board of Trustee Initiatives.


UPDATED INFORMATION

OHA Audit Request for Financial Disclosure

November 13, 2008

Gerard A. Jervis, Esq.
354 Ulunui Street, #100
Kailua, Hawaii 96734

            Re: Request for Assistance to Access Records (U RFA-P 09-24)

Dear Mr. Jevis:

            The Office of Information Practices ("OIP") has opened the above-referenced file relating to your request for assistance in obtaining access to records from the Office of Hawaiian Affairs under the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes. We will contact you if we require any further information to assist you in this matter.

            For your information, you are entitled to seek assistance from the courts where you have been improperly denied access to a government record. Haw. Rev. Stat. § 92F-42(1) (Supp. 2007). Such an action for access to records is heard on an expedited basis and, if you are the prevailing party, you are entitled to recover reasonable attorney's fees and costs. Haw. Rev. Stat. §§ 92F-15(d), (f) (1993). If you decide to file a lawsuit to obtain access to the records, you are required to notify OIP in writing at the time that the action is filed. Haw. Rev. Stat. § 92F-15.3 (Supp. 2007).

            Should you have any questions concerning the status of your request, please do not hesitate to contact me at 586-1400.

Very truly yours,

Linden H. Joesting
Staff Attorney

LHJ:dms


OHA Audit Request for Financial Disclosure

November 13, 2008

Mr. Clyde W. Namu'o
Administrator
Office of Hawaiian Affairs
711 Kapiolani Boulevard, Suite 500
Honolulu, Hawaii 96813

            Re: Request for Assistance to Access Records (U RFA-P 09-24)

Dear Mr. Namu'o:

            The Office of Information Practices ("OIP") has received a request for assistance from Mr. Gerard A. Jervis, on behalf of his client, Dennis "Bumpy" Kanahele with respect to his request made under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes ("HRS") ("UIPA"), for financial information (see attached) from the Office of Hawaiian Affairs ("OHA"). Mr. Jervis indicates that he made his request on October 20, 2008 to OHA, and that he has not yet received a response from OHA. Copies of Mr. Jervis' request to OIP and his record request to OHA are enclosed for your information.

            Under OIP's administrative rules, an agency must respond to a written UIPA request for access to government records within a reasonable time, not to exceed ten business days. Haw. Admin R. § 2-71-13 (1999). Given the length of time since Mr. Jervis' request, please provide the requested records to Mr. Jervis within ten business days from the date of this letter or, if OHA intends to deny all or part of Mr. Jervis' request, please provide the required response to Mr. Jervis by that date. See Haw. Admin. R. §§ 2-71-13, 2-71-14 and 2-71-15 (1999).

            If OHA denies Mr. Jervis' request in full or in part, please provide OIP by that same date with a detailed explanation of OHA's basis for denying the request. That explanation should specifically: (1) identify all of the specific records or the parts of records to which access is being denied; (2) identify the statutory exemption under section 92F-13, HRS,1 that OHA is relying upon to deny access; (3) state any and all facts that are relevant to OHA's denial, including any representation necessary to support its withholding; and (4) provide OHA's reasoning as to why the statutory exception relied upon allows it to withhold the records. See Haw. Admin. R. § 2-71-14(b) (1999).

            This notice should be made in sufficient detail to allow Mr. Jervis and OIP to determine the applicability of the exemption claimed to the records or information being withheld. Please remember that the UIPA places the burden on the agency to establish justification for the nondisclosure of government records. Haw. Rev. Stat. § 92F-15(c) (1993).

            Please be advised that, for purposes of complying with the UIPA, OHA should not destroy a requested record that may be required to be made available for public inspection by OIP or the court. See OIP Op. Ltr. No. 92-13 at 6 n.1.

            Thank you in advance for your cooperation and assistance in this matter. Please do not hesitate to contact me if you have any questions.

Very truly yours,

Linden H. Joesting
Staff Attorney

LHJ:dms
Enclosures

cc:           Gerard A. Jervis, Esq. (without enclosures)

________________________
           1           The UIPA also provides generally that where compliance with any provision of the UIPA would cause an agency to lose or be denied funding or other assistance from the federal government, compliance with that provisions shall be waived but only to the extent necessary to protect eligibility for such federal assistance. Haw. Rev. Stat. § 92F-4 (1993).


oha_audit_lt_governor_letter_081113.pdf

OHA_Roulac_Group.pdf








 
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"I have dedicated my life to addressing the long-standing issues and concerns of our people. I do this for, 'The Love of Country' and to secure the foundation of our Future."
-- Pu'uhonua D. K. Kanahele


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