Hawaii Open Government Under Attack
By Jeff Ferguson · Originally published April 20, 2012
Coverage of legislation in Hawaii that would have substantially narrowed open-meeting and public-records protections, and the coalition that opposed it.
Hawaii's Uniform Information Practices Act and Sunshine Law have been on the books since the 1970s and have been refreshed periodically — most notably in 1988 — to extend public-records access to state and county records and to require open meetings of public boards. The 2012 legislative session in Honolulu had brought several proposals that would have substantially narrowed the existing protections, including expanded executive-session categories for boards, additional fees for records access, and broadened deliberative-process exemptions covering ordinary inter-agency emails.
The opposition coalition tracked in the article — the Civil Beat Law Center, the Society of Professional Journalists Hawaii chapter, Common Cause Hawaii, and Hawaii's then-Office of Information Practices — assembled the standard transparency-coalition response: written testimony at committee hearings, op-ed coverage in the Star-Advertiser and Civil Beat, and direct outreach to legislators of both parties. Several of the most aggressive proposals were withdrawn before final votes; others were watered down significantly.
The 2012 episode in Hawaii was part of the broader state-level pattern Sunlight, the National Freedom of Information Coalition, and the Reporters Committee tracked across multiple states between 2010 and 2014: incremental legislative narrowing of public-records access, often in proposals attached to broader administrative-reform bills where they wouldn't draw separate political attention. The Hawaii cases were watched by transparency advocates in other states as a tactical reference for how to mount opposition to the same kind of incremental rollback.
More in Open Government

Open Government · October 8, 2012
The Future of Freedom of Information in the United States
On the achievements and remaining challenges in U.S. Freedom of Information practice — agency backlogs, exemption growth, and reform proposals.
Open Government · May 22, 2012
A New Proactive Transparency: Open Data and Access to Information Promises and Challenges
On the shift from reactive FOIA-driven transparency to proactive open-data publication — what governments are committing to and where it falls short.
Open Government · March 10, 2012
Attacks on Open Government on the Rise in the United States
A summary of state-level legislation in early 2012 narrowing public-records access, FOI exemptions, and government-meeting transparency.