HCRC Draft Guidelines re Arrest and Criminal Records

Dear Mr. Owens:

I am in receipt of our request for documents, sent via email on August 9, 2022. In your email, you requested the following:

Pursuant to the Hawaii Uniform Information Practices Act, I hereby request the following records:

(1) Any HCRC documents from 1995 through 1998 related to the development of HCRC's draft administrative guidelines or rules to implement the 1973 and 1974 laws regarding anti-discrimination against people with "arrest and criminal records" AND (2) any public comments, remarks, letters, memos, or testimonies submitted to HCRC in 1997 and 1998 regarding HCRC's draft administrative guidelines or rules to implement the 1973 and 1974 laws regarding anti-discrimination against people with "arrest and criminal records."

My request stems from the attached articles from the Honolulu Star-Bulletin. The one from January 9, 1998 reported that the HCRC in the late 1990s drafted a set of administrative rules to implement the 1973 and 1974 laws regarding anti-discrimination against people with "arrest and criminal records." Unfortunately, it's not specific which year this occurred. Also, that article reported that HCRC received public testimonies -- or at least comments from the business community -- about the draft rules. It quotes former HCRC Chief Counsel John Ishihara: "Ishihara said the commission asked for opinions from business two years ago 'and they hated the law. There have been calls to eliminate the protection totally.'" The other article is by the Editorial Board of the Honolulu Star-Bulletin, published March 27, 1998. It wrote of "the Hawaii Civil Rights Commission's recent discovery of an obscure inclusion of 'arrest and court record' among illegally discriminatory hiring practices. The ban was enacted without notice in 1973 and had gone undetected ever since. Upon its discovery, the commission ambitiously went about writing guidelines to bring every business into compliance. (The law conveniently exempts the state and county governments.)"

Furthermore, I contacted the Hawai'i State Archives. It was direct that these documents are not in its possession and that only HCRC can fulfill my request. Specifically, Ju Sun of the HSA replied in bold letters to me in an 8/1/2022 email "And so if you need a copy of the Admin Rules and/or testimonies given after 1990 or 1992, then you will need to contact the agency directly."

I hope all of that helps the HCRC make a decision about my request, as well as in locating the documents.
In reply to your request we have documents relating to your request. There are approximately 600 to 800 pages. They are currently in paper format, and can be made available to you electronically. The cost is 10 cents per page for scanning. The cost would be approximately $60 to $80. There is no fee for search or review and segregation of documents. Please let me know as soon as possible if you still wish us to scan the documents.

Thank you for your attention to this matter.

Yours truly,

Robin Wurtzel
Robin Wurtzel
Chief Counsel
Hawaii Civil Rights Commission
830 Punchbowl Street, Room 411
Honolulu, Hawaii 96813
Phone: (808) 586-8636
Direct: (808) 586-8642
Fax: (808) 586-8655
Pronouns: she, her, hers

CONFIDENTIALITY: This message is for the designated recipient only, and may contain privileged, proprietary or otherwise privileged information. If you have received this communication in error, please notify the sender immediately and delete the original. There is no intention to waive any privilege and such privilege has not been waived. Thank you.

"Be kind whenever possible. It is always possible." Dalai Lama

A fix is required to perfect the request.

Please see attached letter. Your request can be granted in its entirety. Please see attached letter regarding copy/scan fees. Thank you

Thank you

We have done the scanning. The final cost was higher than expected at 1,175 pages so the cost will be $$1,17.50. Please let me know if you ware willing to pay that or if we should stop scanning at 800 pages.

Thank you.
Robin Wurtzel

Dear Mr. Owns:

Please respond to the attached letter and notice.

Also, I seem to be unable to upload the requested documents. Is there a way to do so on a link that has been used?

Thank you.

Yours truly,

Robin Wurtzel
Robin Wurtzel
Chief Counsel
Hawaii Civil Rights Commission
830 Punchbowl Street, Room 411
Honolulu, Hawaii 96813
Phone: (808) 586-8636
Direct: (808) 586-8642
Fax: (808) 586-8655
Pronouns: she, her, hers

CONFIDENTIALITY: This message is for the designated recipient only, and may contain privileged, proprietary or otherwise privileged information. If you have received this communication in error, please notify the sender immediately and delete the original. There is no intention to waive any privilege and such privilege has not been waived. Thank you.

"Be kind whenever possible. It is always possible." Dalai Lama

We have communicated via email and phone message. Please see the attached document in response to your request. Please see the letter sent on August 15, 2022 and the Amended notice regarding payment due.

Payment is due immediately We accept checks or money orders. We do not accept charge cards.

Thank you for your attention to this matter.

Robin Wurtzel

Either method is fine - through your agency or you. It would be helpful if the envelope was addressed to my attention

So

Hawaii Civil Rights Commission
ATTN: Robin Wurtzel
830 Punchbowl Street, Room 411
Honolulu, Hawaii 96813

Thank you.
Robin Wurtzel