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EXECUTIVE CHAMBERS
                                         HONOLULU
LINDA LINGLE
 GOVERNOR
                                    August 30, 2010

Via Email (mlevine@civilbeat.com)

Mr. Michael Levine
Honolulu Civil Beat

               Re:    Further Response to Government Records Request
                      Dated August 3, 2010

Dear Mr. Levine:

               This responds to your email to Ms. Rachel Zane dated August 24, 2010.

             Enclosed is a log of the documents that fail within the scope of your
request but have been withheld and the grounds for withholding them.

              With respect to information that may be disclosed under Haw. Rev. Stat.
§ 92F-12(a)(14), the Governor’s Office does not maintain that information. Your request
for that information should be directed to the employee’s employer. Thus, to the extent
that you seek information disclosed under Haw. Rev. Stat. § 92F- 12(a)(14) for any
judges currently sitting on the bench, your request should be directed to the Judiciary.

              In response to your question concerning the Governor’s position on
whether revealing other communications with the Judicial Selection Commission
would frustrate a legitimate government function, that is not a basis on which some of
the documents you requested have been withheld. As stated above, information that
may be disclosed under Haw. Rev. Stat. § 92F-12(a)(14) is not within the custody of the
Governor’s Office and as a result, the Governor’s Office cannot produce it. With
respect to the documents that have been withheld, as stated on the enclosed log, those
documents have been withheld on the                       .ual privacy and confidentiality
pursuant to Haw. Rev. Stat. § 92F-14’




Enclosure
LOG OF DOCUMENTS WITHELD


DATE                  DOCUMENT                               REASON WITHELD

Undated             Applicant Summary    —   Lisa M.      Raw. Rev. Stat. § 92F-14(b)(4);’
                    Ginoza                                Rule 5, Sect. Two. A., Judicial
                                                          Selection Commission Rules
                                                                                 2
Undated             Applicant Summary The—                Same as above.
                    Honorable Sabrina
                    Shizue McKenna
Undated             Applicant Summary Steven
                                         —                Same as above.
                    Mansanobu Nakashima
Undated             Applicant Summary Karen
                                         —                Same as above.
                    Tooko Nakasone
Undated             Applicant Summary Michael
                                         —                Same as above.
                    Ken Tanigawa
Undated             Applicant Summary The—                Same as above.
                    Honorable Robert Mark Browning
Undated             Applicant Summary The—                Same as above.
                    Honorable Colette Y. Garibaldi
Undated             Applicant Summary Sherri-Ann
                                         -                Same as above.
                    L. Iha (Chun)
Undated             Applicant Summary Lanson
                                         —                Same as above.
                    Keola Kupau
Undated             Applicant Summary Dean E.
                                         —                Same as above.
                    Ochiai
Undated             Applicant Summary The—                Same as above.
                    Honorable Bode Amilale Uale
Undated             Applicant Summary Jeannette
                                         —                Same as above.
                    Holmes Castagnetti
Undated             Applicant Summary Catherine
                                         —                Same as above.
                    Haunani Remigio
Undated             Applicant Summary The—                Same as above.
                    Honorable Faauuga L. To’oto’o
Undated             Applicant Sunimary The
                                         —                Same as above.
                    Honorable Bert Isao Ayabe
Undated             Applicant Summary The—                Same as above.
                    Honorable Daniel Robert Foley

1
  Pursuant to Raw. Rev. Stat. § 92F-14(b)(4), individuals have a significant privacy interest in
information in their personnel file or application or nomination for public employment or
appointment to a governmental position.
2
     5, Section Two, A. of the Judicial Selection Commission Rules provides that all
commission records shall be confidential.
Undated   Applicant Summary     —   The         Same as above.
          Honorable Katherine Grace
          Leonard
Undated   Applicant Summary     —   The         Same as above.
          Honorable Craig Hiroyuki
          Nakamura
Undated   Applicant   Summary   —   The         Same as above.
          Honorable Richard Wayne Pollack
Undated   Applicant Summary     —   The         Same as above.
          Honorable Mark   Ellis
          Recktenwald




                                          -2-

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Lingle response

  • 1. EXECUTIVE CHAMBERS HONOLULU LINDA LINGLE GOVERNOR August 30, 2010 Via Email (mlevine@civilbeat.com) Mr. Michael Levine Honolulu Civil Beat Re: Further Response to Government Records Request Dated August 3, 2010 Dear Mr. Levine: This responds to your email to Ms. Rachel Zane dated August 24, 2010. Enclosed is a log of the documents that fail within the scope of your request but have been withheld and the grounds for withholding them. With respect to information that may be disclosed under Haw. Rev. Stat. § 92F-12(a)(14), the Governor’s Office does not maintain that information. Your request for that information should be directed to the employee’s employer. Thus, to the extent that you seek information disclosed under Haw. Rev. Stat. § 92F- 12(a)(14) for any judges currently sitting on the bench, your request should be directed to the Judiciary. In response to your question concerning the Governor’s position on whether revealing other communications with the Judicial Selection Commission would frustrate a legitimate government function, that is not a basis on which some of the documents you requested have been withheld. As stated above, information that may be disclosed under Haw. Rev. Stat. § 92F-12(a)(14) is not within the custody of the Governor’s Office and as a result, the Governor’s Office cannot produce it. With respect to the documents that have been withheld, as stated on the enclosed log, those documents have been withheld on the .ual privacy and confidentiality pursuant to Haw. Rev. Stat. § 92F-14’ Enclosure
  • 2. LOG OF DOCUMENTS WITHELD DATE DOCUMENT REASON WITHELD Undated Applicant Summary — Lisa M. Raw. Rev. Stat. § 92F-14(b)(4);’ Ginoza Rule 5, Sect. Two. A., Judicial Selection Commission Rules 2 Undated Applicant Summary The— Same as above. Honorable Sabrina Shizue McKenna Undated Applicant Summary Steven — Same as above. Mansanobu Nakashima Undated Applicant Summary Karen — Same as above. Tooko Nakasone Undated Applicant Summary Michael — Same as above. Ken Tanigawa Undated Applicant Summary The— Same as above. Honorable Robert Mark Browning Undated Applicant Summary The— Same as above. Honorable Colette Y. Garibaldi Undated Applicant Summary Sherri-Ann - Same as above. L. Iha (Chun) Undated Applicant Summary Lanson — Same as above. Keola Kupau Undated Applicant Summary Dean E. — Same as above. Ochiai Undated Applicant Summary The— Same as above. Honorable Bode Amilale Uale Undated Applicant Summary Jeannette — Same as above. Holmes Castagnetti Undated Applicant Summary Catherine — Same as above. Haunani Remigio Undated Applicant Summary The— Same as above. Honorable Faauuga L. To’oto’o Undated Applicant Sunimary The — Same as above. Honorable Bert Isao Ayabe Undated Applicant Summary The— Same as above. Honorable Daniel Robert Foley 1 Pursuant to Raw. Rev. Stat. § 92F-14(b)(4), individuals have a significant privacy interest in information in their personnel file or application or nomination for public employment or appointment to a governmental position. 2 5, Section Two, A. of the Judicial Selection Commission Rules provides that all commission records shall be confidential.
  • 3. Undated Applicant Summary — The Same as above. Honorable Katherine Grace Leonard Undated Applicant Summary — The Same as above. Honorable Craig Hiroyuki Nakamura Undated Applicant Summary — The Same as above. Honorable Richard Wayne Pollack Undated Applicant Summary — The Same as above. Honorable Mark Ellis Recktenwald -2-