Hawaii Department of Health has conspired against the public for 5 months

When reading this story, some of you may recognize the name of a part time contributor and full time friend, of ours here at GUL. Seems he is being a real nuisance to the peeps protecting Obama's records in Hawaii God love him. You go Rob.

Steve
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Hawaii Department of Health has conspired against the public for 5 months
Posted on March 6th, 2010 by David-Crockett


DENIED UIPA RESPONSES AFTER DOING INTERNET BACKGROUND CHECKS ON THE POLITICAL VIEWS OF PERSONS MAKING UIPA REQUESTS
by Sharon Rondeau
© 2009/2010

(Mar. 5, 2010) — Among the documents which The Post & Email Legal Fund recently acquired with the financial assistance and support of the readers of this e-Newspaper, shocking evidence has been found which apparently indicts officials of the Hawaii Department of Health for conspiracy to deprive U.S. citizens of their constitutional right to due process.

The incriminating evidence was found in an inadvertent disclosure of emails between Ms. Janice S. Okubo, Communications Director for the Department, and Kenneth David, Supervisor of the Vital Statistics Office.

It appears that David took it upon himself to do background checks on those making UIPA requests and on that basis suggested to Okubo to deny responding to their lawful requests for the release of government documents, requests which they made on the basis of the grants of rights of access accorded them by the Hawaii Uniform Information Practices Act (UIPA).


Following this email exchange, the Department of Health discriminated against citizens whom it perceived to have “a hidden agenda.” The term “hidden agenda” was coined by David to refer to citizens who questioned Obama’s legitimacy to hold the office of president: a clearly political view, on which basis they could not be lawfully denied access.

Kathleen Gotto makes a UIPA request

The criminal conspiracy seems to have come to the fore in regards to a UIPA request made by Kathleen Gotto. In the course of that request, she sought further explanatory information from the Vital Records Department, on October 3, 2009, by email:


From: Kathleen Gotto
Sent: Saturday, October 03, 2009 5:44PM
To: OHSM, Vital Records
Cc: Okubo, Janice S.
Subject: Per Dr. Okubo
Importance: High

I asked Dr. Okubo the following question:

“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?” (Dr. Okubo replied) I do not understand your question. Please send this request with clarification to vr-info@doh.hawaii.gov

I just want to know what an amended Hawaiian Cert of Birth is called after it is amended. Is it then called a “late birth c3, ertificate”, late Hawaiian Certificate of Birth or something else? The amending of Hawaiian and non-Hawaiian birth certificates appear to be different in your DOH Vital Records section.

Also, perhaps you can provide me more clarification on the last question I asked Dr. Okubo:

“From the amendment instructions above for a non-Hawaiian cert of birth, once it is marked up with the changes, does it stay in the file like that or will a new one be issued similar to the late HI BC?: (Dr. Okubo replied) As I understand, any changes to Hawaii vital records are noted on the record.

Here’s my point: What Dr. Okubo stated is true for what (appears to be) non -Hawaiian BCs only. The Vital Records Amendment section appears to differentiate how amendments are done to both Hawaiian and non-Hawaiian birth certificates. The amended Hawaiian BC must be cancelled and a “late” birth certificate is issued in lieu thereof. However, that does not appear to be the procedure for non-Hawaiian BCs. They are to be amended on the face of the record, not replaced with a new BC apparently.

Therefore, in addition to the question above asking what a “late” cert of birth is officially called after an amendment is this question: are Hawaiian birth certs amended differently from non-Hawaiian birth certs? It reads that way to me. It is clear that the amended Hawaiian BC is replaced with a “late”/new BC. What is not clear is whether the amended/marked-up non-Hawaiian BC stays in the file marked up or is it replaced with a new BC incorporating the changes?

Thank you for clearing this up for me. Please do not hesitate to contact me if I can provide any more clarification on my questions. They come right out of the Vital Records requirement. It’s just a bit confusing with Hawaiian and non-Hawaiian BC amendments.

Sincerely,

Kathleen Gotto


The Conspiracy is hatched by Ken David
After receiving Gotto’s request, Ken David of the Vital Records Department sent the following email to Janice Okubo:

From: vr-info
Sent: Saturday, October 03, 2009 6:18PM
To: Okubo, Janice S.
Cc: Alvin T. Onaka, Ph.D.
Subject: FW: Per Dr. Okubo
Sent: Saturday, October 03, 2009

Hi Janice,

Did you want me to respond to Kathleen’s email? I might not even try to clarify her questions. Instead, should I reply, I would probably appeal to the confidentiality of our records and the procedures we follow.

Aloha,

VR-Info (Ken David)

Okubo then replied to David:

From: Janice Okubo
To: ‘vr-info’
Cc: ‘Alvin T. Onaka, Ph.D. 8:28PM’
Sent: Saturday, October 03, 2009 8:28PM
Subject: RE: Per Dr. Okubo

Hi Ken,

If you are able to respond succinctly then I would appreciate that. I don’t plan to respond to any further e-mails from this person. I was just required to provide a response to the UIPA request. Thanks.

Janice

David then emailed Okubo, suggesting a conspiracy to deprive Gotto of a response, the incriminating evidence of which is contained in the following email:

Subject: FW: Per Dr. Okubo
From: vr-info
Sent: Monday, October 5, 2009 1:50 PM
To: Okubo, Janice S.
Cc: Alvin T. Onaka, Ph.D.
Subject: Re: Per Dr. Okubo

Hi, Janice,

I checked online for a “Kathleen Gotto” and I came across this letter that I presume she wrote http://blogtalkradio.com/MenifeeValleyRadio/blog/2008/11/15/Letter-to-the-US-Supreme-from-Kathleen-Gotto-This-is-a-vital-issue-to-us-all who accused Obama of “…who almost got away with stealing the Presidency…” I doubt that any answer I might send her would satisfy her since she has the same agenda as Rob Lamb (who accused me of lying and that I should be fired). Although Rob Lamb did not mention Obama’s name, he can be found online as another person who has a hidden agenda. It is interesting that in all of Rob Lamb’s emails he did not mention Obama’s name even once.

Aloha,

Ken

Image of the actual copy of the Email exchanged between Ken David and Janice Okubo at the Hawaii Department of Health, Office of Vital Records: this copy was inadvertently released by HI DoH staff in regard to a different UIPA request.

That this exchange resulted in an abrupt shutting off of information to Gotto is confirmed by an analysis of her email correspondence, which was disclosed by Gotto to The Post & Email. In confirmation of this conclusion, Gotto made the following remark to the paper:

The last correspondence I received from Janice Okubo was on 10/4 at 5:52PM. Ken David’s email to her about me was 10/5 at 1:50PM. On Oct 3, I had had correspondence with the Vital Records Office (where Mr. David appears to work), after Dr. Okubo had directed me there for any further info on “Changing an item on a Cert of Hawaiian Birth.”

I suppose Dr. Okubo can say that since I appealed to OIP (because of not getting forthright info from her), she was out of the picture. But I could argue that I had to go to OIP on 10/21 at 9:24PM because it appears Mr. David had smeared me to her on 10/5 and thus gave her reason to stop corresponding.

I don’t know what the legal ramifications of all this are, but it sure does look conspiratorial.

It looks like sufficient evidence for a charge of conspiracy to deprive Gotto of her civil liberties, even from a cursory consideration of the U.S. Code, Title 42, Chapter 21, Subchapter I of §1985. Conspiracy to interfere with civil rights reads:

(3) Depriving persons of rights or privileges:

If two or more persons in any State or Territory conspire … for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; … ; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

The rights deprived are those granted in the UIPA for disclosure of government records.

On February 11, 2010, Janice Okubo, Communications Director for the Hawaii Department of Health, issued the following statement:

The Department of Health is entrusted by the people of Hawai‘i to protect the vital records it maintains. The Department operates within the confines of the laws that govern state and federal agencies and will continue to do so. No amount of bullying or spreading rumors and false innuendos will persuade the department or its officials to break the trust of the people, operate outside of the law, or misuse the information it is entrusted to protect.

While it is admirable that Ms. Okubo’s department seeks to “protect” birth and other records, it is patently obvious that the Department does not follow its own state laws when it comes to releasing information. She stresses the importance of privacy, but fails to follow through when openness is in order.

If the Hawaii Department of Health did this with Kathleen Gotto, then against whom else did they discriminate?

It appears that Mr. Charlton was also targeted, because his UIPA request of Sept 27, 2009 was never answered until Dec. 28, 2009, well beyond the ten-day answer period mandated by the law. At that point, Health Department personnel denied having any internal records about the information sought. Only after repeated complaints to the OIP in November 2009 and a letter from that office to Okubo on December 8, demanding a reply, was any response received at all.

If you believe the above information is sufficient to demand a public investigation, you can contact the following officials, who would have jurisdiction to undertake such:

U.S. Attorney General Eric H. Holder, Jr.
950 Pennsylvania Avenue
Washington, DC 20530-0001
Tel.: (202) 514-2001
Public Comment Line: (202) 353-1555

Office of the Solicitor General
Tel.: (202) 514-2201




Governor Linda Lingle
State Capitol, Rm. 415
Honolulu, HI 96813
Tel.: (808) 586-0034
Fax: (808) 586-0006




Lt. Governor Duke Aiona
State Capitol, Rm. 415
Honolulu, HI 96813
Tel.: (808) 586-0255
Fax: (808) 586-0231






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