all? If? RI SFME {ll Fu?tbm ROBERT BRIAN BLACK 7659 I I LISA EMILY ENGEBRETSEN . 10952 Tim. FEB ?-14 . All ll? 55 C1v1l Beat Law Center for the Publlc Interest 700 Bishop Street, Suite 1701 . Honolulu, Hawai?i 96813 1:30 brian@civilbeatlawcenter.org Maw? 4:11 Telephone: (808) 531?4000 Facsimile: (808) 38043580 Attorneys for Plainti?? Honolulu Civil Beat IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF 19?1-0191-02. HONOLULU CIVIL BEAT INC, CIVIL NO. (Other Civil Action) . Plaintiff, SUMMONS vs. JUDGE: NONE DEPARTMENT OF EDUCATION, STATE OF TRIAL DATE: NONE Defendant. COMPLAINT Plaintiff Honolulu Civil Beat Inc. (Civil Beat or Plaintiff), for its Complaint against Defendant Department of Education, State of Hawai?i (DOE), alleges as' follows: PARTIES 1. Plaintiff Civil Beat is a news outlet registered to do business in Hawai?i as a nonprofit corporation and dedicated to public affairs reporting?alfiout Hawai 1 on the Internet at c1v1lbeat. org. ex?rkfFi?it Ifircdit, State of Hawaii 2. Defendant Department of Education, State of Hawaii is a ?department? or other instrumentality of state . . . government,? within the definition of ?Agency? under HRS that is headquartered at 1390 Miller St., Honolulu, Hawaii. JURISDICTION AND VENUE 3. The court has jurisdiction over this action to compel disclosure of public records under the Uniform Information Practices Act, HRS ch. 92F (UIPA), pursuant to HRS 92F?15(a) and 4. Venue is proper in this court pursuant to HRS 92F~15(e) and 603?36(5) for the following reasons: the request for records was made in this circuit; upon information and belief, the requested records are maintained in this circuit; the Defendant is headquartered in this circuit; the claim for relief arose in this circuit; and the Defendant is domiciled in this circuit. FACTUAL BACKGROUND 5. HRS 92F-11(a) provides: ?All government records are open to public inspection unless access is restricted or closed by law.? 6. On May 17, 2018, DOE made a presentation to the Board of Education (BOB) about recent disciplinary investigations of DOE staff, stating that DOE had 34 ?closed cases? as of the end of April 2018. 7. According to the presentation, among the 34 ?closed cases?, DOE summarized the disposition of each case as 5 employees terminated, 3 employees suspended, 3 employees reprimanded, 1 employee required to review policies, 13 employees resigned or retired, and 9 employees returned to work. 8. On May 24, 2018, Civil Beat requested records relating to the 34 closed cases. The request specifically sought records that addressed the ?[r]eason for termination, suspension, resignation or written repriman ?nature of the offense that gave rise to the investigation of each of those 34 cases?; and ?[i]dentity of teacher administrator and the school grade level where they taught.? 9. On June 18, 201.8, DOE answered Civil Beat?s request by providing only this summary chart. As an explanation for the denial of public access, DOE cited personal privacy and frustration of a legitimate government function. Name Employment Related Fact Finding Disciplinary School/Office Misconduct Violation of BOE Action POHCV Barrett, Failure to adhere to 3051 Student Safety 3?Day Waipahu Cherilynn the May 1, 2017 and Welfare Suspension Elementary Superintendent?s Policy;201~2 Scope of Duties; Accountability Policy Failure to comply with "a DOE COde Of condUCt Cece, Violation of DOE Code DOE Code of Conduct Termination~ Kapolei High Andrew of Conduct, Discharged Investigation of Suspected Violations Salomon, Violation of DOE Code 201?1 Ethics and 10-Day Waiakea Shannon of Conduct Code of Suspension Intermediate Misconduct Conduct;201?2 Accountability of Employees 10. On June 26, 2018, DOE clarified that it ?released information for closed cases with final decisions that either met or exceeded the 30 day period pursuant to HRS With respect to the other decisions you mentioned in your e?mail, they either did not meet the 30 day period, or the employees may be appealing the decision.? 11. On October 2, 2018, Civil Beat sent a letter to DOE Superintendent Christina Kishimoto, contesting the decision to provide only a summary chart of information rather than records; renewing its records request for the 34 closed cases; and asking for ?a tailored explanation for each record request, not a generic and conclusory reference to privacy and frustration.? 12. On October 29, 2018, DOE provided Civil Beat with files containing heavily redacted records for five cases pertaining to DOE investigations of Michael . Wright, Andrew Cece, Lora Dunham, Shannon Salomon, and Cherilynn Barrett. 18. DOE stated that it withheld from the files ?home addresses, information that identify student(s), and information that does not respond to HRS . 14. Civil Beat is not seeking home addresses, direct contact information for any individual, or the identity of any DOE student. COUNT I FAILURE TO DISCLOSE THE FULL DISCIPLINARY RECORD OF MICHAEL WRIGHT 15. The foregoing paragraphs are realleged and incorporated by reference. 16. On September 13, 2016, DOE employee Michael Wright was indicted and charged with five counts of sex assault involving a minor. 17. On January 11, 2018, Michael Wright was found guilty on one count of first?degree sex assault and two counts of third?degree sex assault. 18. On March 15, 2018, Michael Wright was sentenced to twenty years in jail. 19. On October 29, 2018, DOE provided Civil Beat with a letter, dated September 21, 2018, from Superintendent Kishimoto to Michael Wright. 20. The September 21, 2018 letter re?ects that DOE did not accept Wright?s separation from service as tendered on May 16, 2018, and that instead DOE terminated Wright, effective July 16, 2018, on the basis of being ?unsuitable for working in close proximity to children.? 21. The September 21, 2018 letter explains that Wright?s records will indicate that in addition to being terminated for ?being unsuitable for working in close I proximity to children,? he also was terminated for ?unauthorized absence from work?; ?misrepresentation of the reason for extending [his] Leave Without Pay?; and ?violation of the Department?s Code of Conduct, Section Honesty.? 22. The September 21, 2018 letter contains block redactions without adequate justifications. 23. The September 21, 2018 letter contains no details or explanation of the reasons DOE found Michael Wright unsuitable to work with children. 24. On November 23, 2018, Civil Beat again asked DOE to reconsider its refusal to provide information specifically about Michael Wright?s misconduct that was the basis for his termination. 25. On December 6, 2018, DOE disclosed a heavily redacted July 6, 2018 letter that references Wright?s conviction. 26. only justification for the block redactions on the July 6, 2018 letter was that the information ?falls outside of HRS and has been redacted pursuant to HRS 27. The mandatory.disclosure?provision of HRS 92F?14(b) (4) (B) requires disclosure of employment?related misconduct that results in termination or suspension, including both on?duty conduct and off-duty conduct that bears on the employee?s fitness to perform employment duties. 28. The fact that information is not covered by the mandatory disclosure provision of HRS is not a basis for withholding government records from the public. 29. To justify withholding information under the privacy exception (HRS DOE must prove that an individual presumably Michael Wright?has a significant privacy interest in the information withheld and that the public interest in that information does not outweigh the individual?s significant privacy interest. 30. DOE failed its burden to articulate the privacy interest at issue, the nature of the information withheld, or weigh the public interest in disclosure. 31. I DOE has denied Civil Beat its right to access the full disciplinary record of Michael Wright pursuant to the UIPA. 32. Civil Beat is entitled to an order requiring DOE to disclose all records concerning the allegations, including findings and conclusions, that led to Michael Wright?s termination. COUNT II FAILURE TO DISCLOSE THE FULL DISCIPLINARY RECORD OF ANDREW CECE 33. Paragraphs 1-14 are realleged and incorporated by reference. 34. On October 29, 2018, DOE provided Civil Beat with a two?page JROTC Status Form Notice to Employee,? dated October 10, 2017, about DOE employee Andrew Cece and page 24 (labeled Conclusions) of a redacted unnamed document signed by DOE investigator Nicole Isa?lijima. 35. The October 10, 2017 notice re?ects that following an investigation, DOE found ?sufficient reason(s) for immediate dismissal.? . 36. The October 10, 2017 notice was based on an investigation report; statements made at the post?investigation meeting; several forms; a superintendent?s memorandum regarding JROTC organization, roles, and responsibilities; and Cece?s refusal to cooperate in the investigation. 37. Attached to the October 10, 2017 Notice was one page titled, ?Conclusions?, marked as page 24 of an otherwise unspecified document. 38. The partially redacted Conclusion No. 1 in the unnamed document finds that Cece looked at a student in the JROTC classroom who was changing into a JROTC uniform, in violation of the Code of Conduct and BOE Policy No. 305-1 (concerning Student Safety and Welfare). 39. DOB redacted the student?s gender pronouns (6.3., he she) in Conclusion N0. 1. 40. The heavily redacted Conclusion No. 2 in the unnamed document finds that Cece said something (redacted) to a student when the student complained about something (redacted), in violation of the Code of Conduct and BOE PolicyNo. 305-1 (concerning Student Safety and Welfare). 41. DOE redacted the school year, what the student complained about, and what Cece said to the student in Conclusion No. 2. 42. The partially redacted Conclusion No. 3 in the unnamed document finds that Cece asked a student what the student was doing later, telling the student that he had drinks in his car and that they should go drink and have fun? and touching the student in the chest area or otherwise engaging in inappropriate conduct with students, in violation of the Code of Conduct and BOE Policy Nos. 305-10 (concerning Anti~ Harassment, Anti-Bullying, and Anti-Discrimination Against Students by Employees) and 305?1 (concerning Student Safety and Welfare). 43. DOB redacted the student?s gender pronouns he she) in Conclusion No. 3. 44. On November 8, 2018, Civil Beat again asked DOE to reconsider its refusal to provide more information specifically about Andrew Cece?s misconduct that was the basis for his termination. 45. On December 6, 2018, DOE disclosed an August 31, 2017 letter from the Kapolei High. School principal to the DOE Director of the Civil Rights Compliance Office, attaching a heavily redacted investigation report of Cece?s conduct; DOE also disclosed some of the exhibits attached to the investigation report. 46. Without providing any justification, DOE stated that it redacted all ?witness statements or portions of statements that identify witnesses students? in its investigation report for Andrew Cece. I 47. There is no justification for redacting' the entirety of witness statements from an employee misconduct investigation report. 48. There is no justification for redacting gender pronouns in Conclusion Nos. 1 and 3 to the investigation report of Cece?s conduct. 49. DOE failed its burden to articulate any privacy interest at issue, the nature of the information withheld, or weigh the public interest in disclosure. 50. DOE has denied Civil Beat its right to access the full disciplinary record of Andrew Cece pursuant to the UIPA. . 51. Civil Beatis entitled to an order requiring DOE to disclose all records concerning the allegations, including findings and conclusions, that led to Andrew Cece?s termination. COUNT FAILURE TO DISCLOSE THE FULL DISCIPLINARY RECORD OF LORA DUNHAM 52. Paragraphs 1~14 are realleged and incorporated by reference. 53. On October 29, 2018, DOE provided Civil Beat with a heavily redacted two-page December 5, 2017 Last Chance Agreement, signed by DOE Superintendent Christina Kishimoto, Hawai?i State Teachers Association (HSTA) representative Jodi Paris, and DOE employee Lora Dunham. 54. The December 5, 2017 Last Chance Agreement reflects that DOE suspended Dunham for 20 working days Without pay. 55.. Paragraph 2 of the December 5, 2017 Last Chance Agreement directs Dunham to ?never again engage in classroom behavior that involves physical contact with students as a means to focus or refocus a student?s attention in class.? 56. Paragraph 3 of the December 5, 2017 Last Chance Agreement directs Dunham to refer a student to a counselor or administrator when a student with a learning disability displays behavior that interferes with the learning process. 57. The redacted December 5, 2017 Last Chance Agreement does not provide any details of the nature of the misconduct giving rise to Dunham?s suspension. 58. The fact that information is not covered by the mandatory disclosure provision of HRS (B) is not a basis for withholding government records from the public. 59. To justify withholding information under the privacy exception (HRS DOE must prove that an individual? presumably Lora Dunham? has a significant privacy interest in the information withheld andthat the public interest in that information does not outweigh the individual?s significant privacy interest. 60. DOE failed its burden to articulate the privacy interest at issue, the nature of the information Withheld, or weigh the public interest in disclosure. 61. DOE has denied Civil Beat its right to access the full disciplinary record of Lora Dunham pursuant to the UIPA. 10 62. Civil Beat is entitled to an order requiring DOE to disclose all records concerning the allegations, including findings and conclusions, that led to Lora Dunharn?s suspension. COUNT IV FAILURE TO DISCLOSE THE FULL DISCIPLINARY RECORD OF SHANNON SALOMON 63. Paragraphs 1-14 are realleged and incorporated by reference. 64. On October 29, 2018, DOE provided Civil Beat with a heavily redacted two?page February 9, 2018 letter titled Recommendation for Termination? from Superintendent Kishimoto to DOE employee Shannon Salomon. I 65. The February 9, 2018 letter re?ects that DOE suspended Salomon without pay for 10 working days, concluding that Salomon engaged in misconduct in violation of the Code of Conduct and BOE Policy Nos. 201-1 (concerning Ethics and Code of Conduct) and 201~2 (concerning Accountability of Employees). 66. The redacted February 9, 2018 letter does not provide any details of the nature of the misconduct giving rise to Salomon?s suspension. 67. The fact that information is not covered by the mandatory disclosure provision of HRS is not a basis for withholding government records from the public. 68. To justify withholding information under the privacy exception (HRS DOE must prove that an individual presumably Shannon Salomon? has a significant privacy interest in the information withheld and that the public interest in that information does not outweigh the individual?s significant privacy interest. 11 69. DOE failed its burden to articulate the privacy interest at issue, the nature of the information Withheld, or weigh the public interest in disclosure. 70. DOE has denied Civil Beat its right to access the full disciplinary record of Shannon Salomon pursuant to the UIPA. 71. Civil Beat is entitled to an order requiring DOE to disclose all records concerning the allegations, including findings and conclusions, that led to Shannon Salomon?s suspension. COUNT FAILURE TO DISCLOSE THE FULL DISCIPLINARY RECORD OF CHERILYNN BARRETT 72. Paragraphs 1-14 are realleged and incorporated by reference. 73. "On October 29, 2018, DOE provided Civil Beat with a four?page March 28, 2018 letter from Complex Area Superintendent Clayton Kaninau to DOE employee Cherilynn Barrett. 74. The March 28, 2018 letter re?ects that DOE suspended Barrett for three days Without pay, concluding that Barrett failed to adhere to the May 1, 2017 Superintendent?s of Duties Memorandum (concerning corporeal punishment, strip searches, and inappropriate and or sexual relations and or dating of students) and violated the Code of Conduct and BOE Policy Nos. 305?1 (concerning Student Safety and Welfare) and 201-2 (concerning Accountability of Employees). 75. Page 2 of the March 28, 2018 letter states that Barrett admitted unprofessional behavior including yelling at a student and physical contact With a Student. 12 76. The redacted March 28, 2018 letter does not provide any details of the nature of the misconduct giving rise to Barrett?s suspension. 77. The fact that information is not covered by the mandatory disclosure provision of HRS is not a basis for withholding government records from the public. 78. To justify withholding information under the privacy exception (HRS DOE must prove that an individual?? presumably Cherilynn Barrett? has. a significant privacy interest in the information withheld and that the public interest in that information does not outweigh the individual?s significant privacy interest. . 79. DOE failed its burden to articulate the privacy interest at issue, the nature of the information withheld, or weigh the public interest in disclosure. 80. DOE has denied Civil Beat its right to access the full disciplinary record of Cherilynn Barrett pursuant to the UIPA. 81. Civil Beat is entitled to an order requiring DOE to disclose all records concerning the allegations, including findings and conclusions, that led to Cherilynn Barrett?s suspension. COUNT VI FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 1 82. Paragraphs 1-14 are realleged and incorporated by reference. 83. On November 7, Civil Beat again asked DOE to reconsider its refusal to provide any information about the 29 other DOE employees identified in the BOE presentation as ?closed cases? in March 2018. 13 84. On November 21, 2018, DOE stated that ?With respect to the 29 cases in which further information was not provided, 3 are pending a final decision. The 9 remaining cases fall outside of HRS 92F 14(b)(4) (B) and were withheld under 85. On November 23, 2018, Civil Beat again asked for a tailored balancing of privacy and public interests for each of the 29 cases. 86. On December 10, 2018, DOE stated that it would withhold the entirety of any ecords relating to employees that were not suspended or terminated? under the privacy exception. 87. The fact that information is not covered by the mandatory disclosure provision of HRS is not a basis for withholding government records from the public. 1 88. To justify withholding information under the privacy exception (HRS DOE must prove that an individual presumably the employee -?has a significant privacy interest in the information withheld and that the public interest in that information does not outweigh the individual?s significant privacy interest. 89. DOE failed its burden to articulate the privacy interest at issue, the nature of the information withheld, or weigh the public interest in disclosure. 90. DOE has denied Civil Beat its right to access the disciplinary record of Unknown Employee No. 1 pursuant to the UIPA. 91. Civil Beat is entitled to an order requiring DOE to disclose disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 1. 14 COUNT VII FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 2 92. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 93. DOE has denied Civil Beat its right to access the disciplinary record of Unknown Employee No. 2 pursuant to the UIPA. 94. Civil Beat is entitled to an order requiring DOE to disclose disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 2. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 3 95. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 96. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 3 pursuant to the UIPA. 97. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 3. COUNT IX FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 4 98. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 99. DOE has denied Civil Beat its right to access the full diSciplinary record of Unknown Employee No. 4 pursuant to the UIPA. 15 100. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 4. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 5 101. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 102. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 5 pursuant to the UIPA. 103. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 5. COUNT XI FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 6 104. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 105. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 6 pursuant to the UIPA. 106. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 6. COUNT XII FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 7 107. Paragraphs 1?14 and 83~89 are realleged and incorporated by reference. 16' 108. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 7 pursuant to the UIPA. 109. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 7. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 8 110. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 111. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 8 pursuant to the UIPA. 112. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 8. COUNT XIV FAILURE TO DISCLOSE THE. DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 9 113. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 114. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee o. 9 pursuant to the UIPA. 115. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 9. 17 COUNT XV . FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 10 116. Paragraphs 1-14 and 83~89 are realleged and incorporated by reference, 117. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 10 pursuant to the UIPA. 118. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 10. COUNT XVI FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 11 119. Paragraphs 1-14 and 83?89 are realleged and incorporated by reference. 120. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 11 pursuant to the UIPA. - 121. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 11. COUNT XVII FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 12 122.. Paragraphs 1-14 and 83?89 are realleged and incorporated by reference. 123. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 12 pursuant to the UIPA. 18 124. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 12. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 13 125. Paragraphs 1-14 and 83?89 are realleged and incorporated by reference. 126. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 13 pursuant to the UIPA. 127. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 13. COUNT XIX FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 14 128. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 129. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 14 pursuant to the UIPA. 130. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 14. COUNT XX FAILURE TO DIS CLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 15 131. Paragraphs 1~14 and 83?89 are realleged and incorporated by reference. 19 132. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown, Employee No. 15 pursuant to the UIPA. 133. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee o. 15. COUNT XXI FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 16 134. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 135. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 16 pursuant to the UIPA. 136. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against UnknOwn Employee No. 16. COUNT XXII FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE O. 17 137. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 138. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 17 pursuant to the UIPA. 139. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 17. 20 COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 18 140. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 141. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 18 pursuant to the UIPA. 142. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 18. COUNT XXIV FAILURE TO DISCLOSE TI-IE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 19 143. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 144. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 19 pursuant to the UIPA. 145. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee o. 19. COUNT XXV FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 20 146. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 147. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 20 pursuant to the UIPA. 21 148. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 20. COUNT XXVI FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 21 149. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 150. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 21 pursuant to the UIPA. 151. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 21. COUNT XXV II FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE O. 22 152. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 153. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 22 pursuant to the UIPA. 154. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary - records concerning the allegations, including findings and conclusions, against Unknown Employee No. 22. COUNT XXV FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 23 155. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 22 .156. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 23 pursuant to the UIPA. 157. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 23. COUNT XXIX FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 24 158. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 159. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee o. 24 pursuant to the UIPA. 160. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary I records concerning the allegations, including findings and conclusions, against Unknown Employee No. 24. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 25 161. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 162. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 25 pursuant to the UIPA. . 163. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 25. 23 . COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 26 164. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 165. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 26 pursuant to the UIPA. 166. Civil Beat is entitled to an order requiring DOE to. disclose all disciplinary- records concerning the allegations, including findings and conclusions, against Unknown Employee No. 26. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 27 167. Paragraphs 1?14 and 83-89 are realleged and incorporated by reference. 168. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 27 pursuant to the UIPA. 169. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 27. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 28 170. Paragraphs 1?14 and 83?89 are realleged and incorporated by reference. 171. DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee No. 28 pursuant to the UIPA. 24 172. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 28. COUNT FAILURE TO DISCLOSE THE DISCIPLINARY RECORD AND IDENTITY OF UNKNOWN EMPLOYEE NO. 29 173. Paragraphs 1-14 and 83-89 are realleged and incorporated by reference. 174; DOE has denied Civil Beat its right to access the full disciplinary record of Unknown Employee o. 29 pursuant to the UIPA. 175. Civil Beat is entitled to an order requiring DOE to disclose all disciplinary records concerning the allegations, including findings and conclusions, against Unknown Employee No. 29. DEMAND FOR RELIEF Based on the foregoing, Plaintiffs respectfully request that this court: A. Give precedence, in accordance with HRS to this case on the docket over all other cases, assign it for hearing and trial or for argument at the earliest practicable date, and expedite it in every way; B. Enter an order requiring Defendant to disclose all information Civil Beat sought in the May 24, 2018 request for records, including, but not limited to the disciplinary files of Michael Wright, Andrew Cece, Lora Dunham, Shannon Salomon, Cherilynn Barrett, and Unknown Employee Nos. 1?29. C. Award Civil Beat reasonable attorney?s fees and all other expenses reasonably incurred in the litigation, pursuant to HRS and 25 D. Grant such other and further relief as it deems reasonable and just. DATED: Honolulu, Hawai? i, February 4, 2019 BLACK LISA EMILY ENGEBRETSEN Attorneys for Plainti?c 26 STATE OF . SUMMONS OF ?g??ggfg?fgguw TO ANSWER CIVIL COMPLAINT 19? 1 1 91- 02 PLAINTIFF, VS. DEFENDANT. HONOLULU CIVIL BEAT INC. OF EDUCATION, STATE OF ADDRESS (NAME, ADDRESS, TEL. NO.) Robert Brian Black Civil Beat Law Center for the Public Interest 700 Bishop Street, Suite 1701 Honolulu, HI 96813 (808) 531-4000 TO THE ABOVE-NAMED You are hereby summoned and required to ?le with the court and serve upon Robert Brian Black 9 plaintiff ?s attorney, whose address is stated above, an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the date Of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS. A FAILURE TO OBEY THIS SUMMONS IN AN ENTRY OF DEFAULT AND DEFAULT JUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY. DATEISSUED CLERK FEB 0" 2019 . KUBO 5 SEALCEE w?I?EnmiE i do hereby certify that this is full, true, and correct copy Circuit Court Clerk of the original on file in this Office accommodation for a disability, please contact the ADA Coordinator at the First Circuit Court Administration Office at PHONE NO. 539- 4333, FAX 539? 4322, or TTY 539- 4853, at least ten (10) working days prior to your hearing or appointment date. ?990939th (07/11) RevaCOmm 508 Celtified su MMONS To ANSWER CIVIL COMPLAINT in accordance with the Americans with Disabilities Act and other applicabie state and federai laws, if you require a reasonable