Pubdate: Fri, 12 Feb 2016
Source: Honolulu Star-Advertiser (HI)
Copyright: 2016 Star Advertiser
Contact: 
http://www.staradvertiser.com/info/Star-Advertiser_Letter_to_the_Editor.html
Website: http://www.staradvertiser.com/
Details: http://www.mapinc.org/media/5154
Author: Kristen Consillio

NEWSPAPER DEMANDS POT PANELISTS' NAMES

Oahu Publications Says It Is Prepared to Sue If the Heath Department Refuses

The Honolulu Star-Advertiser told the state Health Department on 
Thursday it will file a lawsuit if the agency does not release by the 
close of business today the names of committee members who will award 
Hawaii's first medical marijuana dispensary licenses.

Jeff Portnoy, attorney for the Star-Advertiser's parent company, Oahu 
Publications Inc., delivered the notice to the Department of Health 
demanding it disclose the names.

"Be warned that unless those names are released by the close of 
business tomorrow (Friday), Oahu Publications will seek immediate 
relief from the state courts, including a court order that the names 
be released," Portnoy wrote in the letter. "We strongly urge the DOH 
to avoid the inevitable public ridicule and suspicion that would 
accompany your continued refusal to make the names public."

The department received 66 applications and will select eight of 
those applicants by April 15, granting them the right to open the 
first legal marijuana shops in Hawaii later this year. Hawaii 
legalized medical cannabis in 2000 but did not provide a way for 
patients to obtain the drug. Act 241, adopted last year, authorizes 
the DOH to issue eight licenses to sell medical marijuana: three on 
Oahu, two each on Hawaii island and Maui, and one on Kauai. Each 
licensee will be allowed to operate two production centers and two 
retail centers for a total of 16 dispensaries statewide.

DOH has chosen to keep the names of the selection committee secret to 
ensure the integrity of the selection process, spokeswoman Janice 
Okubo said Tuesday. "It is critical that the selection process be 
conducted without external influence and disruption, so that 
applicants are scored solely on their application and the merit 
criteria," she said.

"That's not a basis for not allowing the public to know the 
identities of the people who are making a decision that's going to 
potentially make people very rich," Portnoy said. "Not only is it in 
violation of state law not to release names during the evaluation 
process, but it also leads to suspicion on the part of the public 
regarding the process."

Okubo said the Health Department denied an earlier request to release 
the names under Hawaii's open-records law, the Uniform Information 
Practices Act, citing a clause that allows the state to withhold 
information that will cause "frustration of a legitimate government function."

"What frustration is there that someone might get a phone call or 
letter, which they can simply ignore?" Portnoy said. "You would hope 
that the members of the committee are capable of withstanding any 
attempt to unduly influence their decision."

Portnoy listed three similar cases where the state Office of 
Information Practices, the agency that rules on open-records 
disputes, has ordered names of committee members released.

In 1989 the OIP ordered that the names of law school admissions 
committee members be disclosed. It issued the same ruling for 
Honolulu Community College search committee members in 1990 and 
University of Hawaii Animal Care Advisory Committee members in 2003.

"Nowhere does (Hawaii's open-records law) allow a government agency 
to keep government employees' identities secret just because the 
agency is afraid of some unspecified external influence and 
disruption," Portnoy wrote. "The whole point of (the law) is to 
prevent agencies from keeping information secret based on arbitrary 
fears and desires."

The identities of committee members will likely be leaked to people 
with government connections, said Sen. Josh Green (D, 
Naalehu-KailuaKona). "People on the inside always find out," he said.

"The administration would be wise to rethink their approach to 
dispensaries and just be transparent, rather than damaging public 
trust and losing in court," Green added. "And if they are worried 
about rich or powerful people lobbying the selection committee, I 
would advise them to automatically reject any applicant that does that."

After initially saying no decision had been made on disclosing 
information about committee members, the Health Department said 
Wednesday it would release the names once the process was completed.

"Releasing the names after the fact is not in conformance with the 
public records law," Portnoy said.

Okubo, the Health Department spokeswoman, said the agency expects 
that lawsuits are possible regardless of whether it releases the 
names of selection committee members. Okubo said she wouldn't comment 
further on issues involving pending litigation.

Gov. David Ige also declined to comment Thursday.
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MAP posted-by: Jay Bergstrom