When the state auditor found sexually explicit e-mails on Hawaii Tourism Authority CEO Rex Johnson's state computer last year, activist Carroll Cox made a formal request for the letter that was sent to lawmakers informing them of the discovery.

But Cox said he was rebuffed by the state Office of Information Practices, which said the disclosure of auditor Marion Higa's letter would frustrate "a legitimate government function" and could impede a possible criminal investigation, which never materialized.

Cox said the odd part about the OIP opinion is that it came in the form of an informal (or memorandum) opinion that is not easily available or accessible to the public.

"The way they handled it was wrong. By not making it a formal opinion, they basically made it confidential," said Cox.

"This contradicts the whole purpose of the OIP."

Established in 1988, the OIP ensures government compliance with Hawai'i's open-records and open-meetings laws. The office often referees disputes with members of the public over whether a government document must be released or can be withheld.

Its informal opinions are not published, circulated or included among the published opinions listed on the OIP's Web site.

OIP Director Paul Tsukiyama defended the practice of issuing informal opinions, saying the documents are public and are available upon request from the OIP. Many of his agency's informal opinions cover issues that have already been addressed in previous formal opinions, he said.

But as the Internet has made information of all kinds more accessible to the public, OIP's unpublished opinions highlight the issue of finding government documents online.

Hawai'i is ranked 26th in the nation in a new survey of state government information on the Web. The study was conducted as part of this year's Sunshine Week, which runs March 15-21.

In terms of the public interest, Tsukiyama said, OIP's informal, unpublished opinions are issued when the facts involving the case have narrow application.

Formal opinions address issues that are either novel or controversial or have widespread applications, he said.

FEWER FORMAL OPINIONS

Such cases provide helpful guidelines for state and city agencies on the records they have to provide to the public.

Last year, the OIP issued 45 written opinions, of which two were formal.

That total is up from the year before, when the OIP issued 39 opinions. But of the 2007 total, 11 were formal opinions.

In recent years, the OIP has turned to the informal opinion to reduce its long-standing backlog of cases and to quickly resolve open-records disputes.

"It's really a balancing act," said Tsukiyama.

"If we put more emphasis on formal opinions, the amount of people we can respond to would obviously be less."

The OIP's backlog now consists of about 77 cases.

Local blogger Ian Lind, who first called attention to the dearth of OIP formal opinions last month, said the two formal opinions last year were the fewest in the OIP's 21-year history.

Lind said issuing informal letters provides little direction for the public when it is seeking information from a state or city agency. It also reduces the scrutiny on how government agencies handle information requests.

He cited a shortage of resources at the OIP. The state agency has an annual budget of $400,000 and includes a staff of 7.5 workers.

In 1994, the OIP had a budget of $827,537 and 15 employees.

"It's a reflection of the low priority that the state has given to the important function that OIP is supposed to serve, which is to make it easy for the public to obtain government information and to hold government agencies accountable," Lind said.

At the very least, the OIP should make its informal opinions available on its Web site, added Bev Keever, a retired University of Hawai'i-Manoa journalism professor.

The informal opinions on the site wouldn't cost much and would increase the public's awareness on how to go about obtaining public records, she said.

"What they are sharing with the public is their expertise," Keever said.

"It would give the public a glimmer as to why something is or is not open."

HAWAI'I WEAK ON ONLINE ACCESS

A new study ranked Hawai'i 26th in the nation when it comes to free online services provided by government agencies.

The study gave Hawai'i good marks for online access to data on student testing, school safety, campaign contributions and ethics filings for elected officials.

But the state fell short when it came to online access to judicial disclosures, gasoline pump overcharge disclosures and death certificate records.

"The future of Freedom of Information is online access, and states have a long way to go to fulfill the promise of electronic self-governance," said Charles Davis, executive director of the National Freedom of Information Coalition in a press release.

"Digital technologies can be a great catalyst for democracy, but the state of access today is quite uneven," he said.

The study was conducted as part of Sunshine Week 2009, which runs March 15-21.

Sponsors of the study included the National Freedom of Information Coalition, Sunshine Week 2009, the American Society of Newspaper Editors' Freedom of Information Committee, and the Society of Professional Journalists Freedom of Information committee.

The group took a look at 20 types of public records and ranked states according to their availability for free.

Of those 20 categories, Hawai'i provides 11 to the public free of charge.

Texas, the top-ranking state, provided all 20 online services for free, while Mississippi offered the fewest.