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2009 Hawaii Attorney General Reports and Opinions 1 (2009)

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