Wednesday, September 30, 2020
Hawai'i Free Press

Current Articles | Archives

Friday, March 4, 2011
Abercrombie Admin caught in lie as OIP director is fired
By Selected News Articles @ 6:52 PM :: 7603 Views :: Energy, Environment

RETALIATION:  Did Gov. Abercrombie exceed his legal authority in making OIP staff appointment, blocking Takase from returning to Civil Service?

ILind: Gov. Lingle was apparently unable to recruit a new director for what would have been a short, lame-duck appointment, and the office could continue to function only because staff attorney Cathy Takase agreed to serve as acting director.

Typically, someone like Takase could step back into their former staff job once a new director was appointed.

But Gov. Abercrombie’s office just appointed another person to that vacant OIP staff attorney job, apparently without legal authority, since the statute gives all authority for hiring to the director.

And it was that appointment, which filled a vacant staff attorney position, that prevented the option of letting the acting director return to her former staff job once a new director is appointed.

And it’s disturbing that this is playing about against the backdrop of the governor’s continued insistence that he will not follow OIP’s legal advice that names of potential nominees on the “short list” for judicial appointments must be made public.

CB: Abercrombie Fires Head of Open Records Agency

In February, Takase told the governor he would be violating state law if he continued to withhold the list of judicial nominees to fill a vacancy on the Hawaii Supreme Court. Several news outlets, including Civil Beat, had requested that information, which has not been made public.

Asked if the change in OIP leadership should be interpreted as the governor's dissatisfaction with Takase's work or any recent opinion, Dela Cruz said: "Oh no. There isn't any of that. It's just truly a timing issue."

Dela Cruz (rejected) the idea that Takase was fired, saying that her term had ended Friday.  In fact, according to state law, while the governor does indeed appoint OIP's director, that appointee does not have a set term length....  (ooops!)

AP: Abercrombie replacing acting information practices head who crossed him on judicial nominees

Abercrombie spokeswoman Donalyn Dela Cruz said Friday a transition would be taking place this month. Dela Cruz says she isn't able to disclose who the appointee is because paperwork is being processed.  (More secrecy and more lame excuses.)

SA: Official who called for disclosure of judge nominees being replaced  (Star-Advertiser repeats "term was up" lie.)

The term of acting director Cathy Takase of the Office of Information Practices expired yesterday, and she will be replaced by a director who will take over March 18.

Donalyn Dela Cruz, the governor's spokeswoman, said the timing might appear to be "questionable," but said the decision to replace Takase is not related to her opinion about the judicial candidates' names.

"It's irrelevant," Dela Cruz said.  ("Irrelevant" is the Administration term for anybody who disagrees with The Abercrombie.)

ILind: OIP director dismissed by Abercrombie administration 

In another potentially controversial move, the administration has reached down into the OIP staff to directly appoint a staff attorney. Linden Joesting, who had previously served in a similar position, was appointed this week.  (Joesting is an escaped Clayton Hee staffer.--AW) The move is unusual because such staff appointments are typically made by the OIP director.

Best Comment: Section 92F-41 provides that the Governor appoints the director but that the office is administratively attached to the Lt. Governor’s office. It also says that the Director shall appoint staff. Why is the GOV micro managing and beyond that, he does not have the legal authority to hire staff, much less the Lt. Gov. Shouldn’t someone be asking Brian Schatz what the hell is going on?

MORE:

PART IV.  OFFICE OF INFORMATION PRACTICES; DUTIES

§92F-41  Office of information practices; established.  (a)  There is established a temporary office of information practices for a special purpose within the office of the lieutenant governor for administrative purposes.

     (b)  The governor shall appoint a director of the office of information practices to be its chief executive officer and who shall be exempt from chapter 76. (Nothing about any term of office here, eh?)

     (c)  All powers and duties of the office of information practices are vested in the director and may be delegated to any other officer or employee of the office.

     (d)  The director may employ any other personnel that are necessary, including but not limited to attorneys and clerical staff without regard to chapter 76. [L 1988, c 262, pt of §1; am L 1989, c 192, §9; am L 1998, c 137, §4; am L 2000, c 253, §150]

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

ALEC

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Ballotpedia Hawaii

Better Hawaii

Blaisdell Memorial Project

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

Coffee Break

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT