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Citing UIPA, I requested ALL Obama's Vital Records And you may LIKE the rule(s) I cited.
7/31/2009 | Vanity

Posted on 07/31/2009 7:59:53 PM PDT by MissTickly

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To: MissDairyGoodnessVT

I asked for his critical opinion.


41 posted on 08/01/2009 9:15:57 AM PDT by MissTickly
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To: MissTickly

“FREE THE LONG FORM!”


42 posted on 08/01/2009 9:42:51 AM PDT by Dryman (Now, Back to Lurking)
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To: MissTickly

So after five days you re-file. You’ve been stalled (for five days). What’s the next step? And the next. And the next. Good luck. I wish you well. It will be interesting to see how it plays out.


43 posted on 08/01/2009 11:05:50 AM PDT by YHAOS
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To: YHAOS; MissTickly
You’ve been stalled (for five days). What’s the next step?

If they don't respond after the second one then that itself become news!

Why doesn't this office respond, what are they hiding, are thy in the bag, etc, etc, etc.

44 posted on 08/01/2009 2:05:57 PM PDT by Eagle Eye (Kenya? Kenya? Kenya just show us the birth certificate?)
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BTTT


45 posted on 08/01/2009 2:31:00 PM PDT by MissTickly
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To: Eagle Eye
"If they don't respond after the second one then that itself become news!"

I understand what you're saying. State controlled media has to be severely stung in the backside before they will cover anything they don't want to cover. They have to be really annoyed first. That takes a lot of work. Get under their skin bad enough . . . they eventually have to scratch. Bon Fortune!

46 posted on 08/01/2009 4:22:42 PM PDT by YHAOS
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To: MissTickly

Let’s hope it flies is right !

2 things: 1) I saw that you encouraged others to join you in e-mailing Janice Okubo regarding the release of vital records per UIPA. My thoughts are that the State of HI (who have been MOST uncooperative and are very concerned with accommodating the New Administration, even if it means bending and twisting their guidelines beyond measure) will do all it can to report delays in granting such requests. If they get inundated with too many requests, they will use that as an excuse to request additional time to process all these requests. They have given SO MUCH misinformation regarding BO’s records that I feel that they have become nothing short of a “corrupt bunch of thugs” (excuse the terminology, but I saw an internet article that gave them a similar title recently). First Fukino said the COLB was legitimate, then at another interview, she wasn’t sure if it was or not (?) Supposedly, the male supervisor who is over both Okubo and Fukino said that there is NO RECORD of the State EVER releasing a COLB in 2007 (?), but that never made it to the MSM. Then they told CNN that the original documents were destroyed in 2001, then 2 days later, they reported that they were not destroyed ! How can we put any faith at all in these people ? If this was 20 years ago, the FBI would just raid their office and gather all of the pertinent info !

Secondarily, I know in Andy Martin’s original lawsuit against the State of HI (in 11/08) he had a 25 page writ enumerating several prior cases to establish legal precedent for why Obama’s records should be disclosed. It was EXTREMELY a well researched work on his part. I do remember that he specifically requested “all communication between the State of HI and investigator Jerome Corsi to be released”. I do not think they ever accommodated that request, but then again, I am not sure whether he referenced the laws you did in this very well written article here.

Jerome Corsi, author of “Obamanation” was the first investigator to request BO’s birth records from HI in 2008 to no avail. He also conducted an investigation that verifies that the Obama family never even lived at the address in Honolulu in the newspaper article that supposedly announce BO’s birth !

Anyway, as I stated in my prior post: “It seems egregiously apparent that some State officials are, knowingly or unknowingly, acting at the behest of the new administration, regardless of the accuracy of the information they are publicly proclaiming. Maybe, in their own personal opinion, there is less liability in conducting questionable or potentially illegal business practices with the support of Washington, than there is in being an honest unbiased worker fulfilling State mandated UIPA requests...”

I personally think they are not only Obama supporters, but also, like the mainstream media, are puppets controlled by the extremely well-funded New Administration. I wish someone would do a background check on them !

As always, I admire your diligence and pray for your safety and success ! Let’s see what happens !


47 posted on 08/01/2009 4:59:33 PM PDT by rocco55
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To: pillut48

ROTFLMAO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

zOMG I never noticed that before! Oh I am laughin my ass off mnow!~


48 posted on 08/01/2009 5:07:54 PM PDT by Danae (I AM JIM THOMPSON - Conservative does not equal Republican. Conservative does not compromise.)
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To: MissTickly

You betcha.

Can you regularly switch IP addresses? Force your router to Reboot to the server?


49 posted on 08/01/2009 5:12:32 PM PDT by Danae (I AM JIM THOMPSON - Conservative does not equal Republican. Conservative does not compromise.)
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To: rocco55

He shouldn’t have gotten too legal with it. The GUIDELINES BOOKLET says this upfront-(you’re aren’t dealing with lawyers):

“We are pleased to provide you with this UIPA handbook. It
is intended primarily to provide the non-lawyer agency
official with a better understanding of the UIPA and a stepby-step guide for application of that law.”

It even says you can do this: “Informal Request
When an agency receives an oral request for a record...”

AND some things have changed, perhaps, since Andy filed. Like another statement was issued.

ALSO, birthers are being declared, by experts stating to the press, as being: militant, racist, members of hate groups, deniers of the haloucaust and being inflamed by Lou Dobbs and others that report on this issue.

***So, I am requesting the records on behalf of the safety of the President, and all Americans whose safety is compromised as a result of inflamed citizens fuel by the withholding of his VITAL RECORD.

Agency Records that Must Always Be Disclosed (§92F-12) ****BECAUSE THERE IS “PUBLIC INTEREST” TO RULE DISCLOSURE******

The Legislature created a list of specific categories of records that must ALWAYS BE DISCLOSED.

(An exception only applies where it is NOTED***):

(15) Information collected for the purpose of making information available to the public (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(Dr. Fukino’s TWO statements apply here)

I requested ALL his VITAL RECORDS and the policy and procedure, etc, etc... used to make that information public.

Because in order for the Dr. to have done these procedures: “seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures”

She would have to verify every field on the form is filled out “in accordance with state policies and procedures”

SECOND RULE I CITE:

(3) (Agencies must also disclose) Records where compelling circumstances show an effect on the health or safety of any individual; (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(I cite this article from the AFP as support: “”Right-wing fringe claims Obama ineligible for presidency”, By Virginie Montet.”

And the expert opinions within.

Like this for example: “So you have this right-wing social movement, relatively small but angry, and then you have these major public figures, inflaming them with rhetoric and conspiracy allegations on national television,” Berlet told AFP.

INFLAME: to incite or rouse, as to violence:
ex. “His words inflamed the angry mob to riot.”

I requested ALL his VITAL RECORDS on the provision that protects and considers the safety & health of the President, (or anyone) so ***SIGNIFICANT PUBLIC INTEREST*** is gained when you consider the disclosure of ALL his VITAL RECORDS protects also “inflamed” people on the left AND right AND protects ALL Americans. Disclosure with extinguish that which is “fueling the hate.”

Further, as to requesting and ruling to disclose ALL his VITAL RECORDS, if they are under court ordered seal they can’t comply but have to cite that exception: Record(s) under court seal.

But, outside of that, the only significant information that can be withheld from disclosure is BIRTH DATE and ETHNICITY.

The rest of the record should be released. UIPA states they should always err on the side of the person making the records’ request.

Have you read the Hawaii UIPA Records and Information Request Guidelines? And verified what it allows us to request AND WHY? I encourage you if you haven’t. It’s fascinatinf how well thought out it is.

This is how the Privacy EXCEPTION is applied:

Exception 1 – The Privacy Exception (§92F-13(1))
An agency may withhold access to a record if disclosure of the record would constitute a “clearly unwarranted invasion of personal privacy[.]” To withhold a record under this exception, an agency must be able to show that:

(1) An individual has a ***SIGNIFICANT PRIVACY INTEREST***
in the information contained in the record; and

(2) The ***SIGNIFICANT PRIVACY INTEREST*** is not outweighed
by the public interest in disclosure.

What is a ***SIGNIFICANT PRIVACY INTEREST***? (§92F-14)

(IN THIS CASE IT’S THIS: OIP has further recognized that an individual has a significant privacy interest in his or her home contact information, date of birth, and ethnicity.

THE WHOLE RECORD ISN’T WITHHELD:

(**AND NONE OF THESE APPLY***) The list (also) includes information about an individual’s:

(1) Medical history, condition, and treatment;
(2) Criminal law investigation, except where
disclosure is necessary to prosecute or
continue the investigation;
(3) Eligibility for social services or welfare
benefits;
(4) Public employment personnel file type
information, except information required
to be disclosed under §92F-12(a)(14) and
employee misconduct information if
employee is suspended or discharged; or
for county police officers if discharged;
(5) Nongovernmental employment history
except where information qualifies a
government employee for his or her
position;
(6) Financial information;
(7) Professional and vocational licensee
qualifications except:
(a) certain discipline information;
(b) current employment information and
required insurance coverage of
licensee; and
(c) complaints and dispositions;
(8) Personal recommendations or
evaluations; and
(9) Social security numbers.

ON RULING A DECISION ON MY REQUEST:

“An agency must balance the significant privacy interest against the public interest in disclosure of the information. If the public interest is found to outweigh the individual privacy interest, the agency must disclose the information. Where an agency cannot identify a significant privacy interest, the slightest public interest in disclosure will require the agency to disclose the record.”

http://www.state.hi.us/oip/UIPA%20Manual%205aug08.pdf


50 posted on 08/01/2009 6:01:26 PM PDT by MissTickly
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To: YHAOS; Eagle Eye

Here’s my informal breakdown of the request/process right now:

TWO SIGNIFICANT EVENTS TO CONSIDER:

• Fukino issued another statement.

• Birthers are being declared, by experts stating to the press, as being: militant, racist, members of hate groups, deniers of the haloucaust and being inflamed by Lou Dobbs and others that report on this issue.

-So, I am requesting ALL the President’s VITAL RECORDS, on behalf of the safety of the President, and all Americans whose safety is compromised as a result of inflamed citizens fueled by the withholding of his VITAL RECORD. PER PROVISION (15)

Agency Records that Must Always Be Disclosed (§92F-12) *BECAUSE THERE IS “PUBLIC INTEREST” TO RULE for DISCLOSURE*

The Legislature created a list of specific categories of records that must ALWAYS BE DISCLOSED.

(An exception only applies where it is NOTED***):
I cite the two provisions within [(3) & (15)]:

(15) Information collected for the purpose of making information available to the public (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(Dr. Fukino’s TWO statements of information to the public apply here.)

I requested ALL his VITAL RECORDS and the policy and procedure, etc, etc... used to make that information public.

Because in order for the Dr. to have done these procedures: “seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures”

She would have to verify every field on the form is filled out “in accordance with state policies and procedures”

SECOND RULE I CITE:

(3) (Agencies must also disclose) Records where compelling circumstances show an effect on the health or safety of any individual; (***NO EXCEPTION NOTED/NOT EVEN BIRTH RECORDS)

(I cite this article from the AFP as support: “”Right-wing fringe claims Obama ineligible for presidency”, By Virginie Montet.”

And the expert opinions within.

Like this for example: “So you have this right-wing social movement, relatively small but angry, and then you have these major public figures, inflaming them with rhetoric and conspiracy allegations on national television,” Berlet told AFP.

INFLAME: to incite or rouse, as to violence:
ex. “His words inflamed the angry mob to riot.”

I requested ALL his VITAL RECORDS on the provision that protects and considers the safety & health of the President, (or anyone) so ***SIGNIFICANT PUBLIC INTEREST*** is gained when you consider the disclosure of ALL his VITAL RECORDS protects also “inflamed” people on the left AND right AND protects ALL Americans, therefore. Disclosure would extinguish that which is “INFLAMING.”

Further, as to requesting and ruling on disclosing ALL his VITAL RECORDS, if they are under court ordered seal they can’t comply but have to cite that exception: Record(s) under court seal.

Outside of that, the only significant information, as I understand, that can be withheld from disclosure is BIRTH DATE and ETHNICITY.

The rest of the record should be released per UIPA guidelines which state they should always err on the side of the person making the records’ request.

This is how the Privacy EXCEPTION is applied:

Exception 1 – The Privacy Exception (§92F-13(1))
An agency may withhold access to a record if disclosure of the record would constitute a “clearly unwarranted invasion of personal privacy[.]” To withhold a record under this exception, an agency must be able to show that:

(1) An individual has a ***SIGNIFICANT PRIVACY INTEREST***
in the information contained in the record; and

(2) The ***SIGNIFICANT PRIVACY INTEREST*** is not outweighed
by the public interest in disclosure.

What is a ***SIGNIFICANT PRIVACY INTEREST***? (§92F-14)

(IN THIS CASE IT’S THIS: OIP has further recognized that an individual has a significant privacy interest in his or her home contact information, date of birth, and ethnicity.

THE WHOLE RECORD ISN’T WITHHELD:

(**AND NONE OF THESE APPLY***) The list (also) includes information about an individual’s:

(1) Medical history, condition, and treatment;
(2) Criminal law investigation, except where
disclosure is necessary to prosecute or
continue the investigation;
(3) Eligibility for social services or welfare
benefits;
(4) Public employment personnel file type
information, except information required
to be disclosed under §92F-12(a)(14) and
employee misconduct information if
employee is suspended or discharged; or
for county police officers if discharged;
(5) Nongovernmental employment history
except where information qualifies a
government employee for his or her
position;
(6) Financial information;
(7) Professional and vocational licensee
qualifications except:
(a) certain discipline information;
(b) current employment information and
required insurance coverage of
licensee; and
(c) complaints and dispositions;
(8) Personal recommendations or
evaluations; and
(9) Social security numbers.

ON RULING A DECISION ON MY REQUEST:

“An agency must balance the significant privacy interest against the public interest in disclosure of the information. If the public interest is found to outweigh the individual privacy interest, the agency must disclose the information. Where an agency cannot identify a significant privacy interest, the slightest public interest in disclosure will require the agency to disclose the record.”

Have you read the Hawaii UIPA Records and Information Request Guidelines?
http://www.state.hi.us/oip/UIPA%20Manual%205aug08.pdf


51 posted on 08/01/2009 6:37:45 PM PDT by MissTickly
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To: MissTickly

Fantastic!


52 posted on 08/02/2009 1:04:49 PM PDT by Eagle Eye (Kenya? Kenya? Kenya just show us the birth certificate?)
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To: GregNH

Bookmark


53 posted on 09/04/2009 10:35:50 AM PDT by GregNH (Re-Elect NOBODY)
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To: MissTickly
Your words are quite prescient, but then, you know your tenacity better than anyone else:

[[ I will be following this request through to the end.
28 posted on Saturday, August 01, 2009 12:54:46 AM by MissTickly ]]

How does that seventies mantra go? ... "You go, Girl!"

Just doing a bit of review before Leo's next installment comes out at NaturalBornCitizen. Kudos to you, m'Lady.

54 posted on 09/29/2009 5:31:02 PM PDT by MHGinTN (Dems, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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