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(t-, LINDA LINGLE STATE OF HAWAII GOVERNOR OFFICE OF THE LIEUTENANT GOVERNOR .TAMES R. AIONA. JR. OFFICE OF INFORMATION PRACTICES PAUL T. TSUKIYAMA t tt0 TENANT GOVERNOR UtRECT OR NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTEL STREET, SUITE 107 HONOLULU, HAWAII 98813 Telephone: 18081 586.1400 FAX: 1808) 586-1412 E-MAIL: otp @hawait.gov www.hawaii.gov /Gip September 23, 2009 VIA FACSIMILE: 808 -961 -6553 The Honorable William P. Kenoi Mayor County of Hawaii Re: Appeal from Denial of Access to General Records (APPEAL 10 -11) Dear Mayor Kenoi: The Office of Information Practices ( "OIP ") has received an appeal from Mr. Dan Cole with respect to the County of Hawaii, Office of the Mayor's denial of his request for record made under part II of the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes ( "UIPA "). Specifically, Mr. Cole has indicated that he made a written request to your office dated September 8, 2009 for access to documents he faxed to your office on June 4, 2009, a copy of the telephone message to you from Mr. Cole on that date, and the telephone log of his June 4, 2009 call to your office acknowledging the receipt of the documents that were sent. Mr. Cole has provided us with a copy of Mr. Kevin Dayton's letter to him dated September 15, 2009, in which Mr. Dayton advised Mr. Cole that your office was unable to locate the requested records. Copies of Mr. Cole's request to OIP and his record request to your office are enclosed for your information. If your office would like to provide additional justification for the agency's denial or if there is any additional information that your office would like us to consider in considering this appeal, please provide it to this office within ten business days from the date of this letter. If we do not receive any response from the agency by that date, we will assume that your office believes that its letter to Mr. Cole sufficiently articulates your office's position. Please remember that the UIPA places the burden on the agency to establish justification for the nondisclosure of government records. Haw. Rev. Stat. § 92F -15(c) (1993).