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February 3, 2014 To: Hawaii Office of Information Practices Re: Public records request from Linda Jordan to Hawaii

Department of Health I am writing to ask the OIP for assistance with a public records request I made to the Hawaii Health Department Public Records Officer, Janice Okubo, dated January 9, 2014. (Attached A) Miss. Okubo responded in a timely manner (Attachment B) however I believe she is withholding records that should have been included. I am appealing her decision to the OIP. In part I asked for, 1. Any and all work related communication, including electronic files, between Hawaii Public Health Department Director Loretta Fuddy, now deceased, or any representative of Loretta Fuddy, and Judith Corely [Corley] or any representative of Judith Corely [Corley] between March 1, 2011 and August 31, 2012. I asked the same for Barack Obama and White House General Counsel Bob Bauer. I was made aware by other sources of a communication between the Health Department and Corley on April 21, 2011. I received no record from Okubo with an April 21, 2011 date on it even though there was communication on that day. I learned from the same source that there was a communication between the Health Department and Corley, Obama or Bauer in which they were told that, the longform birth certificate could be copied and made available to us as early as Monday, April 25th --. I received no record from Okubo in which Corley, Obama or Bauer were told that the long form certificate could be copied and made available to [them] as early as Monday, April 25th I include my evidence that this communication took place. (Attachment C) I also asked Okubo for 4. Work related calendars, daily appointment schedules and telephone records created and maintained for Hawaii Public Health Director Loretta Fuddy, deceased, between March 1, 2011 and August 31, 2012.

This request includes records Fuddy may have created herself and/or records staff may have created for her. Okubo replied: As to request number 4, there are no documents responsive to your request. It strains credulity to suggest that the Director of the Hawaii Public Health Department , and/or staff, kept no work related calendar, appointment schedule, telephone log or message record concerning her day to day activities. It would be impossible to run a department of that size without careful planning and scheduling and without letting staff know what your schedule was or without staff letting the Director know what her schedule was. For instance, how did anyone know that Miss. Fuddy was going to get on a plane on December 11, 2013 to visit Kalaupapa Island? How did Keith Yamamoto, her Deputy Director, know that he was expected to go with Miss. Fuddy on that trip if it was not a scheduled event set on a calendar for that specific day and shared with Yamamoto somehow? And surely the Director and Deputy Director couldnt just take off on a plane without sharing their plans with staff. 1. I am appealing the decision of Miss. Okubo to withhold the work related calendars, daily appointment schedules and telephone records created and maintained for or by Hawaii Public Health Director Loretta Fuddy. 2. I am appealing her decision to withhold the communication between the Health Department and Corley, Obama or Bauer informing them that the photocopies of Obamas long form certificate could be picked up as early as April 25th, 2011. 3. I am appealing her decision to withhold communication that took place between the Health Department and Corley on April 21, 2011. 4. These flagrant denials also make me question if Okubos response to my other records request were correct and I would like an opinion on that. Thank you for your attention to this matter. Linda Jordan 4419 S Dawson St.

Seattle WA 98118 d.lizzy@comcast.net 206.723.6471

Attachment C.Jordan Appeal to the Hawaii OIP Okubo gave me two letters in response to the Corley request. One from Corley to Fuddy dated April 22, 2011. In that letter Corley is asking the Health Department to give her client Barack Obama a waiver from their policy to only give out computer generated copies of birth certificates, a Certification of Live Birth, and give him photocopies of his original long form Certificate of Live Birth instead. Corley ends the letter saying, Pursuant to my clients authorization, I will be coming to your offices to pick up the copies of the certificates. Attached to Corleys letter was a letter from Barack Obama dated April 22, 2011 requesting two certified copies of my original certificate of live birth. In this letter he gives Corley the authority to make any necessary arraignments for delivery of the certified copies from your office. There was no other communication provided between Fuddy and Corley for the requested year and a half time period. In response to my request that any and all work related communication between Obama and Fuddy be released, Okubo gave me a second copy of the April 22, 2011 letter from Obama to Fuddy and a copy of a letter from Fuddy to Obama dated April 25, 2011. In the April 25 letter from Fuddy to Obama she states that she has reviewed his request for two certified copies of his original Certificate of Live Birth and is making an exception to department policy in order to give him those copies, she writes, Enclosed please find two certified copies of your original Certificate of Live Birth. While this letter may have been faxed or emailed to Obama on April 25, 2011, Bob Bauer stated that the actual letter with the enclosures was picked up in Honolulu by Obamas lawyer Corley. There was no other communication provided between Fuddy and Obama for the requested year and a half time period.

Okubo replied that there was no communication between the health department and Bob Bauer. Now, according to Bauer, Judith Corley flew to Honolulu, went to the Department of Health on April 25, 2011 and picked up the Certificates of Live Birth which were enclosed with the April 25, 2011 letter from Fuddy to Obama. Corley delivered them to the White House on April 26, 2011 around 5:00pm. (see April 27, 2011 White House Press Gaggle excerpt below) Bauer stated at the Press Conference on April 27, that, We were advised that the long-form birth certificate could be copied and made available to us as early as Monday, April 25th -- the day before yesterday. And we made arrangements for counsel to travel to Honolulu to pick it up and it was returned to the White House yesterday afternoon. Okubo gave me no communication between the Hawaii Health Department and Corley, Obama or Bauer which informs them that the long-form birth certificate could be copied and made available to [you] as early as Monday, April 25th --. The letter from Fuddy granting the waiver with the certificates enclosed was not written until April 25, 2011. In the Bauer quote above he is clearly referring to communication from the Health Department made prior to April 25th informing them that the birth certificates could be made available as early as Monday, April 25th. Indeed, at the April 27, 2011 Press Conference Bauer also states there was communication between Corley and the Hawaii Health Department on Thursday April 21st. She [Corley] had that conversation with the state Department of Health on Thursday [April 21] -- counsel in question is Judy Corley at the law firm of Perkins Coie, and you have a copy of the[April 22] letter she subsequently [afterApril 21] sent to the department with the Presidents written request. I received no records from Okubo concerning this April 21, 2011communication between the Health Department and Corley even though there clearly was communication on that day. April 27, 2011 White House Press Gaggle Excerpt:

Bob Bauer speaking: And by Thursday of last week, [April 21, 2011] I spoke to private counsel to the President [Judith Corley] and asked her to contact the [Hawaii] State Department of Health and to have a conversation about any requirements, further requirements, that they thought we had to satisfy to lodge that waiver request. She had that conversation with the state Department of Health on Thursday [April 21]-- counsel in question is Judy Corley at the law firm of Perkins Coie, and you have a copy of the letter she subsequently sent to the department with the Presidents written request. The department, as I understood it, after reviewing the law and reviewing the grounds asserted in the request, came to the conclusion that a waiver could be appropriately granted. We were advised that the long-form birth certificate could be copied and made available to us as early as Monday, April 25th -- the day before yesterday. And we made arrangements for counsel to travel to Honolulu to pick it up and it was returned to the White House yesterday afternoon. [April 26] Q Just to clarify what this document is --

MR. PFEIFFER: This is the -- the letter first and the two certified copies -- this is one of those. This is the same thing you have a copy of as the first page of your packet.

Q How did it get here?

MR. PFEIFFER: As Bob said, it arrived by plane -- the Presidents personal counsel went to Hawaii and brought it back and we got it last night. [April 26]

Q Last night?

MR. PFEIFFER: Last night.

What time?

MR. PFEIFFER: Between 4:00 p.m. and 5:00 p.m.

Q Do we have the letter from the President --

MR. BAUER: Its in the packet.

Q And you went to Hawaii?

MR. BAUER: I did not go to Hawaii. The counsel, Judy Corley, who signed the -- the Presidents personal counsel at Perkins Coie, Judy Corley, whose letter -signed letter of request is in your packet, traveled to Honolulu and picked up the birth certificate. http://www.whitehouse.gov/the-press-office/2011/04/27/press-gaggle-presssecretary-jay-carney-4272011

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