Public access TV must open records

By Jan TenBruggencate
Advertiser Staff Writer

The state Office of Information Practices has concluded that public access cable television agencies on Kaua'i and O'ahu, while they are private nonprofit organizations, are so closely tied to the state that they must follow the same open records policies as state agencies.

Officials of 'Olelo Community Television on O'ahu and Ho'ike: Kaua'i Community Television said the decision should not have much impact on their operations, but community organizations said the same issues that led to the OIP opinion still exist.

The Kaua'i League of Women Voters and the Community Television Producers Association brought complaints to the OIP about access to internal records at the two organizations, which are overseen by the state Department of Commerce and Consumer Affairs.

"There are significant barriers to access. They're totally closed," said Jeff Garland, Community Television Producers Association president.

Carol Bain, a member of the Kaua'i League of Women Voters board, said Ho'ike has made major changes to its bylaws. She said she welcomed the OIP ruling as an indication the community television organization must be accessible and responsive to the public.

The heads of both the Kaua'i and O'ahu community access television systems denied they have been restricting access to information.

Ho'ike managing director J Robertson said that in his 17 months at the agency, no one has been denied access to records, except for private personnel files.

"Our records have always been open. They were open yesterday and they will be open tomorrow," he said.

'Olelo president Lurline McGregor said the complaint that led to the OIP ruling dates to 1998, before she took the post, and she doubts the ruling should change 'Olelo policies.

"Our intent is to be open and accountable" even with respect to detailed financial affairs, she said.

"Everything we provide to the board in terms of line item budgets is provided to the public," McGregor said.

But Garland said he has been denied access to the names of members of 'Olelo board committees, and as an independent content producer, was denied the resumé of the board member who represents public access producers.

The OIP ruling, signed by director Moya Davenport Gray, found that 'Olelo and Ho'ike were created by government, and that government continues to exercise indirect control over them.