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Liquor Commission Refuses To Release Information

Commission Claims Disclosure Would 'Compromise Operational Security'

POSTED: 11:44 am HST November 20, 2003

The Honolulu Liquor Commission declined to disclose how many employees it has working in each job category, claiming “disclosure would compromise operational security and jeopardize the safety and welfare of personnel involved.” KITV 4 News asked for the position breakdown because current and former employees say staff shortages contribute to lax enforcement of liquor laws on Oahu.

That information should “clearly” be released to the public, said University of Hawaii journalism professor Gerald Kato. “The Liquor Commission is not the CIA. There’s no national security implication in knowing details of its operation,” said Kato, who is a former television and newspaper political reporter.

Commission Administrator Wally Weatherwax also refused to tell KITV 4 News whether the commission inspects bars, restaurants and nightclubs seven days a week. Once again, he quoted an exemption in Hawaii’s open records law, claiming disclosure would “compromise operational security.” Former and current employees say the commission has not had any investigators in the field Sunday and Monday nights for about the last year.

The commission did release a 2003 organizational chart, which lists 25 liquor control investigators and four supervisors, but that does not explain how many of the posts are vacant. City budget documents showed seven liquor control investigator vacancies as of last January. However, the documents said two of those vacancies would be filled by April 1 of this year.

“Like many government agencies, the Honolulu Liquor Commission appears to not have a full understanding of Hawaii’s open records law,” said state Sen. Les Ihara Jr., an open records advocate, who reviewed the commission’s response to KITV’s requests.

The commission also denied KITV’s demand for a list of its outstanding cases, in which citations have been issued against licensees that were never sent before a hearing. “Any cases that remain under investigation or have not been adjudicated are not public information and are not required to be disclosed,” in accordance with state law, Weatherwax said. Weatherwax declined to be interviewed for this story, but sent written comments in several letters.

Kato believes the commission’s denials are “more a matter of creating embarrassment for the Liquor Commission and its staff, which has nothing to do with legitimate government operations.”

KITV 4 News also asked about the results of a psychologist’s “workplace violence” evaluation at the Liquor Commission. Gary Farkas was issued a $17,500 contract in 2001 and 2002, as a federal corruption investigation of commission investigators was under way. Some employees who cooperated in the probe complained their lives were being threatened at work.

The city settled a whistleblower lawsuit in July filed by one former investigator who testified against his co-workers before a federal grand jury. Charles Wiggins was paid $387,500 by the city, after claiming he was harassed and retaliated against for his cooperation in the probe, which resulted in the bribery indictments of eight liquor investigators, including two supervisors. Wiggins has moved to the mainland because he fears for his life, according to his attorney Andy Winer.

In a written Freedom of Information request, KITV 4 News asked, among other things: “What specific services did Dr. Gary Farkas perform in the last three years? What are the results of his work? How many evaluations did he conduct of employees in each of the last three years?”

Weatherwax released Farkas’ contract, and issued this written response: “We must decline to provide information as to individual evaluations as required” by state law. “In addition, this information may compromise operational security and jeopardize the safety and welfare of personnel involved.”

“These responses are less than satisfactory,” said City Councilman Charles Djou. He sponsored a City Council proposal calling for a management audit of the Liquor Commission, which was approved last month.

“While I respect the privacy rights of individuals, I am troubled that the Liquor Commission is using Chapter 92F (Hawaii’s open records law) to avoid responding fully to (KITV’s) inquiries,” said Djou, who is also a lawyer.

KITV 4 News plans to appeal its case to the state Office of Information Practices. OIP helps the public and the news media get access to government records in Hawaii.
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