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Office of the Ombudsman
State of Hawaii

 


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REPORT of the OMBUDSMAN

 

For the Period July 1, 2002 - June 30, 2003
Report No. 34

 

Presented to the Legislature
pursuant to Section 96-16 of
the Hawaii Revised Statutes

 December 2003

 

 

TABLE OF CONTENTS

 

LETTER OF TRANSMITTAL

I.  THE YEAR IN BRIEF

The Office Workload

Staff Changes

Outreach Efforts

United States Ombudsman Association

II.  STATISTICAL TABLES

1.  Numbers and Types of Inquiries

2.  Means by Which Inquiries Are Received

3.  Distribution of Population and Inquirers by Residence

4.  Distribution of Types of Inquiries by Residence of Inquirers

5.  Means of Receipt of Inquiries by Residence

6.  Distribution and Disposition of Jurisdictional Complaints by Agency

7.  Distribution and Disposition of Substantiated Jurisdictional Complaints by Agency

8.  Distribution of Information Requests

9.  Distribution of Non-Jurisdictional Complaints

10.  Inquiries Carried Over to Fiscal Year 2001-2002 and Their Dispositions, and Inquiries Carried Over to Fiscal Year 2002-2003

III.  SELECTED CASE SUMMARIES

 

 

LETTER OF TRANSMITTAL

   

Mr. President, Mr. Speaker, and Members of the
Hawaii State Legislature of 2004:

In accordance with Section 96-16, Hawaii Revised Statutes, I am pleased to submit the report of the Office of the Ombudsman for fiscal year 2002-2003.  This is the thirty-fourth annual report since the establishment of the office in 1969.

My dedicated staff and I appreciate the unique role we serve as the link between the people and their government.  We are all committed to working to resolve problems and improving the level of public administration in Hawaii, especially during these tough economic times.

On behalf of all the members of the office, I would like to thank the Governor, the Mayors of the various counties, and the State and County department heads and employees for their ongoing cooperation and assistance in our efforts to resolve citizen complaints and to assure fair treatment for the people of Hawaii.

Respectfully submitted,

  

ROBIN K. MATSUNAGA
Ombudsman

 

December 2003

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Chapter I

THE YEAR IN BRIEF

 

The Office Workload 

The office received a total of 6,158 inquiries during fiscal year 2002-2003.  Of these inquiries, 4,550, or approximately 74 percent, may be classified as complaints within the jurisdiction of the office.  The remaining inquiries consisted of 533 non-jurisdictional complaints and 1,075 requests for information.

The 6,158 inquiries received during fiscal year 2002-2003 represent a 9 percent increase from the 5,638 inquiries received the previous fiscal year. The number of jurisdictional complaints received increased by 13 percent.

A comparison of inquiries received in fiscal year 2001-2002 and fiscal year 2002-2003 is presented in the accompanying table.

 

TWO-YEAR CASELOAD COMPARISON

Years

Total
Inquiries

Information
Requests

Non-
Jurisdictional
Complaints

Jurisdictional Complaints

Total
Jurisdictional

Prison
Complaints

General
Complaints

2001-2002

5,638

1,121

493

4,024

2,149

1,875

2002-2003

6,158

1,075

533

4,550

2,702

1,848

Numerical
Change

520

-46

 40

526

553

-27

Percentage
Change

9.2%

-4.1%

8.1%

13.1%

25.7%

-1.4%

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Staff Changes 

Two staff members reached service milestones this past fiscal year.  In August 2002, senior analyst David Tomatani celebrated 30 years of service to the State.  Mr. Tomatani joined the staff of Herman Doi, Hawaii’s first Ombudsman, in 1981 after previously serving as an administrator with the Corrections Division.  In June 2003, executive secretary Linda Teruya celebrated 10 years of service with the office after many years of experience in the private business sector.  We thank both of these staff for their dedication and strong commitment to government service, in general, and to the Office of the Ombudsman, in particular.

On June 30, 2003, Glenn Mirikidani, an analyst with our office since 1989, retired after 32 years of State service.  We congratulate Mr. Mirikidani and wish him all the best as he embarks on another of life’s exciting journeys.

At the close of the fiscal year, the office consisted of Ombudsman Robin Matsunaga; First Assistant Donna Woo; analysts Herbert Almeida, Mark Au, Gillman Chu, Yvonne Faria, Alfred Itamura, Lynn Oshiro, and David Tomatani; and office staff Sheila Alderman, Edna de la Cruz, Debbie Goya, Sue Oshima, and Linda Teruya.

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Outreach Efforts 

We continue our efforts to educate the public on the existence and function of the office through the printing of advertisements in the various newspapers in each county.  Special focus was placed on the small business community during the fiscal year.

In March 2003, a short article on the office was submitted to and printed in the “Voice of Business”, a monthly publication of the Chamber of Commerce of Hawaii.  On April 7, 2003 the Ombudsman participated in a meeting of the Chamber of Commerce on Project Jobs, a business retention program.  Later that month, on the 15th, the Ombudsman met with the Small Business Regulatory Review Board to inform the Board members of the function of the office and to answer their questions on how the office can assist small businesses.

On June 21, 2003, Ombudsman Robin Matsunaga and First Assistant Donna Woo participated in the 3rd Annual Hawaii Small Business Fair that was held at the University of Hawaii’s Leeward Community College.  The Fair featured panel discussions, workshops, and 30 exhibitors offering programs and services for small businesses.

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United States Ombudsman Association 

The office continues to play an active role in the United States Ombudsman Association (USOA).  The USOA is the nation’s oldest and largest organization of ombudsmen working in government to address citizen complaints.  USOA’s membership includes practicing ombudsmen at all levels of government, some of whom have general jurisdiction, and others who have jurisdiction over a specified subject matter or agency.

Ombudsman Robin Matsunaga was elected to a third consecutive two-year term on the USOA Board of Directors and his second two-year term as president of the organization.  As president of the Board, Mr. Matsunaga will continue to guide the USOA toward its long-term goals.

Hawaii was selected as the site for the USOA’s 24th Annual Conference.  The office has worked closely with the USOA’s Conferences and Training Committee to develop the program and agenda for the 2003 conference, which will be held in Honolulu in September.  Participants are expected from all parts of the United States, as well as from Canada, Mexico, the Caribbean, Asia, and Europe.

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 Chapter II

STATISTICAL TABLES

 

TABLE  1

NUMBERS AND TYPES OF INQUIRIES

Fiscal Year 2002-2003

 Month Total
Inquiries
Jurisdictional
Complaints
Non
Jurisdictional
Complaints
Information
Requests
 July 575 420 60 95
 August 546 402 52 92
 September 506 373 40 93
 October 514 365 43 106
 November 452 323 38 91
 December 517 390 40 87
 January 502 384 45 73
 February 498 392 28 78
 March 509 365 47 97
 April 577 437 43 97
 May 484 358 46 80
 June 478 341 51 86
 TOTAL 6,158 4,550 533 1,075
 % of Total
   Inquiries
100.0% 73.9% 8.7% 17.5%

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TABLE 2

MEANS BY WHICH INQUIRIES ARE RECEIVED

Fiscal Year 2002-2003

 Month Telephone Mail E-mail Fax Visit Other
 July 532 20 10 5 8 0
 August 514 15 4 6 7 0
 September 476 20 8 0 2 0
 October 491 10 8 0 5 0
 November 417 27 5 2 1 0
 December 481 17 8 2 9 0
 January 463 29 4 1 4 1
 February 467 17 8 2 4 0
 March 466 25 15 0 3 0
 April 533 18 12 6 7 1
 May 439 21 7 6 11 0
 June 447 15 10 3 3 0
 TOTAL 5,726 234 99 33 64 2
 % of Total
   Inquiries (6,158)
93.0% 3.8% 1.6% 0.5% 1.0% 0.0%

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TABLE 3

DISTRIBUTION OF POPULATION AND
INQUIRERS BY RESIDENCE

Fiscal Year 2002-2003

 Residence Population* Percent of
Total
Population
Total
Inquiries
Percent of
Total
Inquiries
 City & County of Honolulu 896,019 72.0% 4,699 76.3%
 County of Hawaii 154,794 12.4% 718 11.7%
 County of Maui 134,139 10.8% 419 6.8%
 County of Kauai  59,946   4.8% 119   1.9%
 Out-of-State --- --- 203   3.3%
 TOTAL 1,244,898 100.0% 6,158 100.0%

*Source:  The State of Hawaii Data Book 2002, A Statistical
 Abstract.  Hawaii State Department of Business,
 Economic Development and Tourism, Table 1.06,
 “Resident Population, by Counties:  1980 to 2002.

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TABLE 4

DISTRIBUTION OF TYPES OF INQUIRIES
BY RESIDENCE OF INQUIRERS

Fiscal Year 2002-2003

 Residence TYPES OF INQUIRIES
Jurisdictional Complaints Non-Jurisdictional
Complaints
Information Requests
Number Percent
of Total
Number Percent
of Total
Number Percent
of Total
 C&C of
   Honolulu
3,559  78.2% 364  68.3% 776   72.2%
 County of
   Hawaii
494  10.9% 81  15.2% 143   13.3%
 County of
   Maui
309   6.8% 37   6.9% 73   6.8%
 County of
   Kauai
69   1.5% 12   2.3% 38   3.5%
 Out-of-State    119   2.6% 39   7.3% 45   4.2%
 TOTAL    4,550 100.0% 533 100.0% 1,075 100.0%

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TABLE 5

MEANS OF RECEIPT AND TYPES OF INQUIRIES
BY RESIDENCE

Fiscal Year 2002-2003

 Residence Total
Inquiries
Means of Receipt
Telephone Mail E-mail Fax Visit Other
 C&C of
   Honolulu
4,699 4,436 123 66 9 63 2
 % of C&C
   of Honolulu
100.0% 94.4% 2.6% 1.4% 0.2% 1.3% 0.0%
 County of
   Hawaii
718 673 15 11 19 0 0
 % of County
   of Hawaii
100.0% 93.7% 2.1% 1.5% 2.6% 0.0% 0.0%
 County of
   Maui
419 397 15 5 1 1 0
 % of County
   of Maui
100.0% 94.7% 3.6%  1.2% 0.2% 0.2% 0.0%
 County of
   Kauai
119 110 6 2 1 0 0
 % of County
   of Kauai
100.0% 92.4%  5.0%  1.7% 0.8% 0.0% 0.0%
 Out-of-State 203 110 75 15 3 0 0
 % of Out-
   of-State
100.0% 54.2% 36.9% 7.4% 1.5% 0.0% 0.0%
 TOTAL 6,158 5,726 234 99 33 64 2
 % of TOTAL 100.0% 93.0% 3.8% 1.6% 0.5% 1.0% 0.0%

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TABLE 6

DISTRIBUTION AND DISPOSITION OF
JURISDICTIONAL COMPLAINTS BY AGENCY

Fiscal Year 2002-2003

 Agency Juris-
dictional
Complaints
Percent
of Total
Completed
Investigations
Discon-
tinued
Declined Assisted Pending
Substan-
tiated
Not
Substan-
tiated
 State Departments
 Accounting &
   General Services
44

1.0% 

 7 21 4 10 1 1
 Agriculture 20  0.4% 5 8 1 3 2 1
 Attorney General 308 6.8% 11 33 24 32 201 7
 Budget & Finance 74 1.6% 14 34 5 9 10 2
 Business, Economic
   Devel. & Tourism
57 1.3% 10 18 7 17 1 4
 Commerce &
   Consumer Affairs
47 1.0% 8 12 8 11 4 4
 Defense    1 0.0%   0 0 0 1 0 0
 Education 159 3.5% 33 51 17 47 3 8
 Hawaiian Home Lands 10  0.2% 1 4 3 1 0 1
 Health 105  2.3% 10 45