Self-Defense. Civil Rights.

John M. Mizuno 30th Representative District Hawaii State Capitol, Room 436 415 South Beretania Street Honolulu, Hawaii 96813 August 27th, 2012

Mr. Christopher Baker Hawaii Defense Foundation 99-040 Kauhale St. #13068 Aiea, Hawaii 96701 808-664-1827 808-748-3376 (Fax) Chris@TheHDF.org

V.I.A. CERTIFIED MAIL - RETURN RECEIPT REQUESTED. RE: PUBLIC RECORDS REQUEST Dear Representative Mizuno: I. WRITTEN PUBLIC RECORDS REQUEST

This letter constitutes a formal written request pursuant to Hawaii Administrative Rules (HAR) 2-71-12, and UIPA, Chapter 92-F of the Hawaii Revised Statutes (HRS). This request is directed towards you and your office, a public agency of State of Hawaii, as defined by HRS 92F-3, to also include, but not limited to your officers, agents and employees, or any other person whom may possess knowledge or have access to the records requested herein. If any of the forthcoming government document requests are not held by your agency or other entities identified, we ask that you forward this letter accordingly to the agency or individual in possession of the requested information. This request seeks to gain access to the government records 1 set forth in the succeeding paragraphs of

The term records includes all records or communications preserved in any form, including: correspondence, documents, data, e-mail (including all attachments and history), text messages, web searches (including search histories), audio/visual tapes, faxes, files, guidance, analyses, notes,

Representative Mizuno August 27th, 2012 Page 2 of 4 Section II. These records may be held by the agency in the following forms: written, auditory, visual, electronic, in the cloud, other physical form, or however else retained. II. INFORMATION REQUESTED PURSUANT TO HAR 2-71-12

Pursuant to HAR 2-71-12, we request copies of and access to any and all records responsive to the following requests: 1. The service, program, or other software utilized to send, receive, transmit, store, edit, or compile e-mail.
2. All records created and/or collected from January 1st, 2012 to

the present concerning the terms: firearms, assault weapons, pistols, and rifles. 3. All records created and/or collected from January 1st, 2012 to the present concerning Raj Kumar, Ph.D. 4. All records created and/or collected from January 1st, 2012 the present concerning Gandhi International Institute for Peace. 5. All records created and/or collected relating to any meetings your agency participated in on August 8th, 2012.

III.

DISCLOSURE OF DOCUMENTS REQUIRED

All government records are open to the public unless access is restricted or closed by law 2. The requested documents are not readily available to the public. Additionally, they are not burdened by any exceptions, as such, the documents and information are required to be disclosed 3.

policies, procedures, rules, manuals, and technical information). 2 See generally, Hawaii Open Records Law Handbook: Page 13, Disclosure Provisions.
3

HAR 92F-12 Disclosure Required: (1) Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by agency, and (15) Information collected and maintained

Representative Mizuno August 27th, 2012 Page 3 of 4 IV. LOCATION AND METHOD OF DISCLOSURE

We ask that you provide the records by way of mail, e-mail, or download, as well as provide access to the documents for physical inspection and review. For any of previously requested public documents, to which there is an available electronic format, we request that the same electronic format be made available to us. V. RESPONSE TO FORMAL REQUEST

A response is required within ten business days from the receipt of this letter. HAR 2-71-13(A). Should there be any issues that arise, a written notice is still required within ten days of the receipt of this request. See Id. If your agency requires additional time to respond to this request, please notify us in writing and we will discuss a timeframe for the production of records. VI. ASSESSMENT OF FEES; PRE-PAYMENT AND WAIVERS

We are willing to pay reasonable costs related to this request. This includes single copies of documents, media (CDs), and applicable fees dictated by legislation. Agencies are required to waive the first $30.00 of fees for requests.
1. PREPAYMENT The agency may only demand fifty-percent of

the total estimated fees for searching for, reviewing, and segregating records, when the estimated fees exceed $30.00. If other services are required to prepare or transmit the requested documents or information 100% of those fees may be requested by your agency.
2. Waivers HAR 2-71-32 Agencies shall waive $60 of the

fees that may be assed when: the agency finds that the waiver of fees would be in the public interest, the request for a waiver of fees is supported by a statement of facts, including the requesters identity, the record is not readily available in the public domain, and the requester has the primary intention and ability to widely disseminate information.

for the purpose of making information available to the general public.

Representative Mizuno August 27th, 2012 Page 4 of 4

VII. STATEMENT OF FACTS Hawaii Defense Foundation is a 501.c(3) charity organization in the State of Hawaii. HDF has a vested interest in the disclosure of public policy documents to ensure the agencies compliance with state and federal law. The information requested directly relates to the groups purpose of promoting, restoring, and educating the populace on the civil rights guaranteed by the United States and Hawaii Constitutions. These requested records are not readily available to the public domain. And, it is our intention to disseminate this information to the public. Our Foundation reaches out to numerous unique visitors on a daily basis; we have ties to many forums based on firearms and civil rights related topics; we also maintain access to various mailing and distribution lists. Distributing information to the benefit of the public is a common operation of the Foundation. Lastly, there is a significant public interest in ensuring that the populace is informed on the actions of their political leaders, and that policies, rules and guidelines are being crated with constitutional protections. VIII. Severability The information requests are independent and severable from each other. If your office is unwilling to provide certain responsive documents based on a claim of privilege or exemption, we hereby request the timely production of all other responsive documents that you deem non-objectionable. We further request that you provide a summary list of documents withheld on a claim of privilege or exception. Furthermore, if our request is denied in whole or in part, we request that you justify all deletions and denials in accordance with the law.

Sincerely,

Christopher H. Baker