REPORT
of the OMBUDSMAN
For
the Period July 1, 2003 - June 30, 2004
Report No. 35
Presented
to the Legislature
pursuant to Section 96-16 of
the Hawaii Revised Statutes
December
2004
TABLE
OF CONTENTS
LETTER
OF TRANSMITTAL
I.
THE YEAR IN BRIEF
The Office Workload
Staff
Activities
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
2003-2004 and Their
Dispositions, and Inquiries Carried Over to Fiscal Year 2004-2005
III.
SELECTED CASE SUMMARIES
LETTER
OF TRANSMITTAL
Mr. President,
Mr. Speaker, and Members of the
Hawaii State Legislature of 2005:
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 2003-2004.
This is the thirty-fifth annual report since the establishment of the
office in 1969.
On
behalf of all the members of the office, I would like to thank the State
Legislature for its continued support of the office. I would also 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.
Those
who sought assistance from our office would not have been as ably served in a
timely, objective, efficient, and professional manner without the dedicated
services of Ms. Donna M. Woo, my First Assistant, and the other staff members of
the office. For their continued able and dedicated services, I convey my
personal thanks.
Respectfully
submitted,
ROBIN
K. MATSUNAGA
Ombudsman
December
2004
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Chapter
I
THE
YEAR IN BRIEF
The
Office Workload
During fiscal year 2003-2004, the office received a total of 5,295 inquiries. Of these inquiries, 3,886, or approximately 73 percent, may be classified as complaints within the jurisdiction of the office. The remaining inquiries consisted of 477 non-jurisdictional complaints and 932 requests for information.
The 5,295 inquiries received represent a 14 percent decrease from the 6,158 inquiries received the previous fiscal year. We received 664 fewer jurisdictional complaints, a decrease of 14.6 percent from the prior fiscal year.
The majority of the reduction in jurisdictional complaints is attributable to the decrease in prison-related complaints, which declined by 525, or 19.4 percent. Other agencies that experienced a significant reduction in the number of complaints filed against them included the Department of the Attorney General (40 fewer complaints, 13 percent), Department of Business, Economic Development and Tourism (51 fewer complaints, 89 percent), Department of Education (45 fewer complaints, 28 percent), and Department of Labor and Industrial Relations (38 fewer complaints, 32 percent).
A comparison of inquiries received in fiscal year 2002-2003 and fiscal year 2003-2004 is presented in the following table.
TWO-YEAR
CASELOAD COMPARISON
|
Years |
Total
Inquiries |
Information
Requests |
Non-
Jurisdictional
Complaints |
Jurisdictional
Complaints |
|
Total
Jurisdictional |
Prison
Complaints |
General
Complaints |
2002-2003 |
6,158 |
1,075 |
553 |
4,550 |
2,702 |
1,848 |
2003-2004 |
5,295 |
932 |
477 |
3,886 |
2,177 |
1,709 |
|
Numerical
Change |
-863 |
-143 |
-56 |
-664 |
-525 |
-139 |
|
Percentage
Change |
-14.0% |
-13.3% |
-10.5% |
-14.6% |
-19.4% |
-7.6% |
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Staff
Activities
On July 29 to August 1, 2003, Hawaii hosted the Council of State Governments - WEST 2003 Annual Meeting in Honolulu. Several members of our staff volunteered to assist with the conference by providing pre-conference support in preparing meeting/host state materials. Ombudsman Robin Matsunaga and staff member Sheila Alderman assisted in staffing the Aloha Hospitality Center and fielded questions from conference attendees about the conference and other general information about the State of Hawaii.
On October 9, 2003, six members of the National Ombudsman Commission of Indonesia visited our office. The National Ombudsman Commission, established in Indonesia by the President of the Republic in 2000, is mandated to submit to the Indonesian Legislature a bill to transform itself into an autonomous and independent Parliamentary Ombudsman of Indonesia. The members were visiting the United States as part of a U.S. Study Tour hosted by the National Conference of State Legislatures. They were very interested in how state legislatures provide constituent services and deal with constituent concerns and were particularly interested in the ombudsman offices throughout the U.S. During their visit to our office, they discussed with Ombudsman Matsunaga the structure and functions of the office, the process the office follows in its investigations, and the types of complaints handled by the office. We enjoyed their visit and wish to thank the National Conference of State Legislatures for the opportunity to exchange ideas with our foreign visitors.
On December 3, 2003, the office welcomed the addition of new employee Jeffrey Keating. Jeff graduated cum laude from Muhlenberg College in Pennsylvania and earned his Juris Doctor from St. John's University School of Law in New York. He is a member of the New York
and Hawaii Bar and was a Deputy Prosecuting Attorney with the Maui Prosecuting Attorney's Office from July 1996 to August 2003. For two
years prior to that, Jeff was an investigator with the Hawaii Civil Rights Commission.
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, Jeffrey Keating,
Lynn Oshiro, and David Tomatani; and support staff Sheila Alderman,
Edna de la Cruz, Debbie Goya, Sue Oshima, and Linda Teruya.
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Outreach
Efforts
We continue to promote the office through advertisements published in all the
county newspapers. Additionally,
the office participated in various community events throughout the year to gain
further exposure.
On September 25-28, 2003, we participated in the annual Hawaii Seniors’ Fair,
“The Good Life Expo.” During
the three-day fair, our staff explained the function of the office and
distributed informational brochures about the office to visitors who stopped by
our booth.
Our outreach efforts this fiscal year placed special focus on the small business
community. On January 28, 2004,
Ombudsman Robin Matsunaga and staff member Jeffrey Keating represented the
Office of the Ombudsman at the “Keeping Hawaii in Business” event sponsored
by the State Department of Business and Economic Development and the City and
County of Honolulu. This event gave small business owners an opportunity to meet
with government agencies and private business counselors to discuss government
regulations impacting their businesses. Several city, state, and federal agencies participated in
this event including the City Permits and Licenses office and Department of
Environmental Services; the State Department of Labor and Industrial Relations,
which included the Hawaii Civil Rights Commission, and Department of Taxation;
and the Federal Small Business Administration and Internal Revenue Service.
Many small business owners in the construction and visitor industries, as
well as other businesses, attended this event.
On May 22, 2004, First Assistant Donna Woo and staff members Jeffrey
Keating and Gillman Chu participated in the 4th Annual Hawaii Small
Business Fair, which took place at Kapiolani Community College.
The Fair featured panel discussions, workshops, and exhibitors consisting
of government and nonprofit agencies offering programs and services for small
businesses.
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United
States Ombudsman Association
During the week of September 16, 2003, the office hosted the United States Ombudsman Association's 24th Annual Conference at the Waikiki Beach Marriott Resort here in Honolulu. One hundred attendees participated in the conference, coming from places as far away as China, Denmark, Gibraltar, Antigua, Mexico, and various parts of the United States and Canada. The conference included all-day pre-conference workshops on Tuesday, September 16; a Welcome Reception on Tuesday evening; followed by two-and-a-half days of thought-provoking and educational meetings. On the evening of Thursday, September 18, 2003, conferees attended a Luau held at the Hale Koa Hotel grounds. The office received very positive feedback of the conference and of the Aloha State from all the conference attendees. Overall, the conference provided a perfect venue for the exchange of ideas and camaraderie among members of the Ombudsman community.
A few ombudsmen took the opportunity while in Hawaii for the conference to visit the office. They included Barry Tuckett, Ombudsman, and Donna Drever, Deputy Ombudsman, from Manitoba, Canada; Ronald Adcock, Ombudsman for the New Hampshire Department of Health and Human Services; and Dr. Gerald Papica, Ombudsman for the Office of the Ombudsman for Children and Families in Tennessee.
Ombudsman Robin Matsunaga is serving the final year of his second two-year term as President of the USOA. Under his leadership, the USOA continues its work in providing education, assistance, and support to ombudsmen and ombudsman organizations to improve the operations of ombudsman offices throughout the United States. The organization, through its Outreach and Development Committee, actively promotes and encourages the establishment of Ombudsman offices in the public sector.
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Chapter
II
STATISTICAL
TABLES
For all tables, the percentages may not add up to
a total of 100% due to rounding.
TABLE
1
NUMBERS
AND TYPES OF INQUIRIES
Fiscal
Year 2003-2004
| Month |
Total
Inquiries |
Jurisdictional
Complaints |
Non
Jurisdictional
Complaints |
Information
Requests |
| July |
577 |
450 |
43 |
84 |
| August |
464 |
339 |
34 |
91 |
| September |
514 |
395 |
30 |
89 |
| October |
503 |
357 |
54 |
92 |
| November |
387 |
277 |
43 |
67 |
| December |
426 |
326 |
41 |
59 |
| January |
403 |
289 |
37 |
77 |
| February |
435 |
328 |
42 |
65 |
| March |
447 |
322 |
43 |
82 |
| April |
411 |
291 |
38 |
82 |
| May |
332 |
226 |
33 |
73 |
| June |
396 |
286 |
39 |
71 |
| TOTAL |
5,295 |
3,886 |
477 |
932 |
%
of Total
Inquiries |
100.0% |
73.4% |
9.0% |
17.6% |
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TABLE
2
MEANS
BY WHICH INQUIRIES ARE RECEIVED
Fiscal
Year 2003-2004
| Month |
Telephone |
Mail |
E-mail |
Fax |
Visit |
Other |
| July |
527 |
25 |
8 |
9 |
8 |
0 |
| August |
418 |
36 |
3 |
5 |
0 |
2 |
| September |
485 |
24 |
3 |
0 |
2 |
0 |
| October |
473 |
14 |
9 |
3 |
4 |
0 |
| November |
356 |
15 |
9 |
4 |
3 |
0 |
| December |
397 |
16 |
6 |
3 |
4 |
0 |
| January |
378 |
13 |
2 |
9 |
1 |
0 |
| February |
400 |
11 |
9 |
11 |
3 |
1 |
| March |
400 |
21 |
15 |
8 |
3 |
0 |
| April |
363 |
34 |
9 |
3 |
2 |
0 |
| May |
306 |
16 |
6 |
1 |
2 |
1 |
| June |
361 |
19 |
11 |
2 |
3 |
0 |
| TOTAL |
4,864 |
244 |
90 |
58 |
35 |
4 |
%
of Total
Inquiries (5,295) |
91.9% |
4.6% |
1.7% |
1.1% |
0.7% |
0.1% |
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TABLE
3
DISTRIBUTION
OF POPULATION AND
INQUIRERS BY RESIDENCE
Fiscal
Year 2003-2004
| Residence |
Population* |
Percent
of
Total
Population |
Total
Inquiries |
Percent
of
Total
Inquiries |
| City
& County of Honolulu |
902,704 |
71.8% |
3,989 |
75.3% |
| County
of Hawaii |
158,423 |
12.6% |
620 |
11.7% |
| County
of Maui |
135,734 |
10.8% |
367 |
6.9% |
| County
of Kauai |
60,747 |
4.8% |
109 |
2.1% |
| Out-of-State |
--- |
--- |
210 |
4.0% |
| TOTAL |
1,257,608 |
100.0% |
5,295 |
100.0% |
*Source:
The State of Hawaii Data Book 2003, A Statistical
Abstract.
Hawaii State Department of Business,
Economic
Development and Tourism, Table 1.06,
“Resident Population, by Counties: 1990
to 2003.”
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TABLE
4
DISTRIBUTION
OF TYPES OF INQUIRIES
BY RESIDENCE OF INQUIRERS
Fiscal
Year 2003-2004
| 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 |
2,963 |
76.2% |
332 |
69.6% |
694 |
74.5% |
County
of
Hawaii |
439 |
11.3% |
62 |
13.0% |
119 |
12.8% |
County
of
Maui |
273 |
7.0% |
32 |
6.7% |
62 |
6.7% |
County
of
Kauai |
73 |
1.9% |
14 |
2.9% |
22 |
2.4% |
| Out-of-State |
138 |
3.6% |
37 |
7.8% |
35 |
3.8% |
| TOTAL |
3,886 |
100.0% |
477 |
100.0% |
932 |
100.0% |
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TABLE
5
MEANS OF RECEIPT AND TYPES OF INQUIRIES
BY RESIDENCE
Fiscal
Year 2003-2004
| Residence |
Total
Inquiries |
Means
of Receipt |
| Telephone |
Mail |
E-mail |
Fax |
Visit |
Other |
C&C
of
Honolulu |
3,989 |
3,758 |
126 |
51 |
15 |
35 |
4 |
%
of C&C
of Honolulu |
100.0% |
94.2% |
3.2% |
1.3% |
0.4% |
0.9% |
0.1% |
County
of
Hawaii |
620 |
558 |
15 |
9 |
38 |
0 |
0 |
%
of County
of Hawaii |
100.0% |
90.0% |
2.4% |
1.5% |
6.1% |
0.0% |
0.0% |
County
of
Maui |
367 |
336 |
15 |
13 |
3 |
0 |
0 |
%
of County
of Maui |
100.0% |
91.6% |
4.1% |
3.5% |
0.8% |
0.0% |
0.0% |
County
of
Kauai |
109 |
95 |
10 |
4 |
0 |
0 |
0 |
%
of County
of Kauai |
100.0% |
87.2% |
9.2% |
3.7% |
0.0% |
0.0% |
0.0% |
| Out-of-State |
210 |
117 |
78 |
13 |
2 |
0 |
0 |
%
of Out-
of-State |
100.0% |
55.7% |
37.1% |
6.2% |
1.0% |
0.0% |
0.0% |
| TOTAL |
5,295 |
4,864 |
244 |
90 |
58 |
35 |
4 |
| %
of TOTAL |
100.0% |
91.9% |
4.6% |
1.7% |
1.1% |
0.7% |
0.1% |
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TABLE
6
DISTRIBUTION
AND DISPOSITION OF
JURISDICTIONAL COMPLAINTS BY AGENCY
Fiscal
Year 2003-2004
| Agency |
Juris-
dictional
Complaints |
Percent
of Total |
Completed
Investigations |
Discon-
tinued |
Declined |
Assisted |
Pending |
Substan-
tiated |
Not
Substan-
tiated |
State
Departments
Accounting &
General Services |
43 |
1.1% |
6 |
16 |
6 |
11 |
0 |
4 |
| Agriculture |
15 |
0.4% |
1 |
7 |
2 |
3 |
0 |
2 |
| Attorney
General |
268 |
6.9% |
14 |
35 |
11 |
27 |
177 |
4 |
| Budget
& Finance |
86 |
2.2% |
17 |
36 |
7 |
18 |
7 |
1 |
Business,
Economic
Devel. & Tourism |
6 |
0.2% |
1 |
2 |
1 |
2 |
0 |
0 |
Commerce
&
Consumer Affairs |
43 |
1.1% |
1 |
14 |
10 |
12 |
2 |
4 |
| Defense |
3 |
0.1% |
0 |
2 |
0 |
0 |
0 |
1 |
| Education |
114 |
2.9% |
9 |
37 |
|
