December 6, 2009

Governor Linda Lingle Lt. Governor James Aiona Ombudsman Robin K.

Constituent Services Constituent Services Matsunaga
State Capitol, Room 415 State Capitol, Room 415 465 South King Street, 4th
Honolulu, HI 96813 Honolulu, HI 96813 Floor
Honolulu, HI 96813
From: <insert name>, <insert email address>
Re: Uniform Information Practices Act – President Obama

Dear Esteemed Officials of the State of Hawaii,

As I am quite certain you are aware of, there is great concern as to whether
President Obama is eligible to serve as President in accordance with Article II,
Section 1, Clause 5 of the U.S. Constitution. Other than the photographs of
President Obama’s Certification of Live Birth (COLB) on Factcheck.org, no
compelling evidence has been proffered by President Obama and/or his
representatives and nor has the COLB been authenticated by the Department of
Health (DoH) or forensic experts. The Democratic National Committee, members of
Congress, and the courts have relied on the online COLB and the Department of
Health press releases dated October 31, 2008 and July 27, 2009, as Obama’s “gold
standard” of eligibility, never requesting or requiring the underlying evidence such
as the original birth certificate.
There has been unprecedented number of requests for government records the DoH
upon request is required to disclose in accordance with various Hawaii Revised
Statutes and the Uniformed Information Practices Act. To date, the DoH has only
released its general rules and regulations defined in Chapter 8, 8A and 8B of the
Hawaii Public Health Regulations and a limited amount of vital event index data for
President Obama. Appeals to the Office of Information Practices to obtain DoH
records have gone nowhere.
Under the UIPA, “…the people are vested with the ultimate decision-making power.
Government agencies exist to aid the people in the formation and conduct of public
policy. Opening up the government processes to public scrutiny and participation is
the only viable and reasonable method of protecting the public’s interest. Therefore
the legislature declares that it is the policy of this State that the formation and
conduct of public policy—the discussions, deliberations, decisions, and action of
government agencies—shall be conducted as openly as possible.

In the name of an open and transparent government accountable to the people it

serves, the State of Hawaii and the DoH should and must be compelled to release
the following information:
• The administrative rule or regulation that governs the Department of Health’s
handling of vital records. HRS 91-2 states: “(a) In addition to other
rulemaking requirements imposed by law, each agency shall: (3) Make

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 available for public inspection all rules and written statements of policy or
interpretation formulated, adopted, or used by the agency in the discharge of
its functions.” The DoH administrative rules and regulations do not explicitly
define the difference between a certification of live birth that is “filed” with
the Registrar and one that “accepted” by the Registrar. The DoH has refused
to release any information thus far regarding the difference between “filed”
and “accepted.”
• A Statement of Verification that President Obama’s Certification of Live Birth
posted online at Factcheck.org is a genuine DoH certified abstract of his
original birth record. To date, the DoH has neither officially confirmed nor
denied this is a legitimate and legal COLB.
• All vital record index data for Barack Hussein Obama II, Barack Hussein
Obama (father), Stanley Ann Dunham, Lolo Soetoro, and any other legal
name used by the aforementioned individuals, such as Stanley Ann Obama or
Stanley Ann Soetoro. HRS 338-18 (d) states: Index data consisting of name
and sex of the registrant, type of vital event, and such other data as the
director may authorize shall be made available to the public.
• The vital record index data associated with 151 1961 010641 to confirm the
index data is indeed that of President Obama’s. The number provided is the
record identifier contained within the certification of live birth posted on
Factcheck.org. According to the statement made by Factcheck on August 21,
2008, the certification of live birth was examined and photographed by its
representatives at then Senator Obama’s campaign headquarters located in
Chicago, IL.
• The information including the attorney-client communications between the
Attorney General and the DoH that was the definitive and legal basis of the
public statement made by Director Dr. Chiyome Fukino on July 27th, 2009
that “Barack Hussein Obama was born in Hawai‘i and is a natural-born
American citizen.”
Communications Director Okubo released a portion of the communication
when she informed a concerned citizen that the AG “approved the
statement.” According to the Hawaii Office of Information Practices (OIP)
Opinion Letter 91-23, an agency cannot selectively withhold attorney-client
communications if a portion or summary of the communication is disclosed to
the public.
Furthermore, In addition to the OIP Opinion Letter, HRS 92F -12 (a) (15)
states: 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:
(15) Information collected and maintained for the purpose of making
information available to the general public

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When Senator McCain’s eligibility was scrutinized due to his birthplace, he promptly
provided his original birth certificate. The State of Hawaii bears at least some
responsibility to disclose what is legally permissible in order to clear this matter up
once and for all. Any other action taken by the State of Hawaii implies that there are
secret laws in play which are the antithesis of a free and open society.

Regards,

<insert name>

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