Access to Public Records (or the Importance of Institutional Memory and Past Precedent)

• Why is it important for gov't to keep good records (ie. Institutional Memory)? and
• How can geo-spatial organization and searchable parameters create a more transparent and democratic gov't?

While land use permit information is technically already available from the Building Dept records, it is not searchable or mapped onto GIS. In some cases, a customer would need to specify the address in order to see what permits have been approved for that property. For example, what action did the Building Department take the last time an illegal sea wall was discovered? Were variances ultimately approved or were the owners forced to retreat mauka from the shoreline? Were there mitigating circumstances? As our legal system knows, being able to identify cite precedents is important. But as the system is now, unless the specific site is known, the public is not given sufficient access to the database to search past precedent cases. It is questionable if even the City could locate the information either. 

It is well known that the urban core of Honolulu is "built-out,"[1] which makes  development especially challenging, often necessitating variances or interpretations of the zoning code, even for simple additions/alterations. However, without an historical database or un-biased Institutional Memory to serve as a resource, decisions are highly subjective. Whether true or not, the perception is that to get anything done, requires backroom-type deals heavily dependent on who-you-know, rather than being a fair, open or democratic exercise of the law of the land.

When a gov't has Institutional Memory, ordinary citizens have the ability to track past precedent and can see for themselves whether or not they are being treated fairly (ie. policies are consistently enforced and the gov't is doing what it says it will do). Thus granting public access to the database of Institutional Memory can be a form of gov't transparency. There is also greater continuity of how policies are administered.

For example, if your Variance was DENIED, you would be able to quickly and easily search the database (of Institutional Memory) to review similar cases and see the outcome of those variances. This would enable individuals to point out preferential treatment or lapses in policy: Why were the previous 4 variances approved but mine was not? 

Such a database, if mapped, would also allow the gov't to visualize patterns and relationships from the forest of data. As patterns emerge, officials would be able to forecast trends and guide urban growth. On the other hand, Institutional Memory would also allow the community to see a clearer picture of how well its officials are managing urban growth vs what those officials' claim.

Therefore, we recommend the following be added to the list of gov't documents to be made available. Its purpose will be explained shortly:

• All Land Use Permits (discretionary and ministerial): Partial list follows:
• Zoning Variances (w/ description)
• Zoning Adjustments (w/ description)
• Administrative Variances
• Conditional Use Permits (major and minor)
• Adult Residential Care Homes, etc.
• Group Living Facilities
• Meeting Facilities
• Cluster Permits
• Existing Use Permits
• Building Permits + approved plans
• Flood Elevation Certificates
• Subdivisions
• Grading Permits
• Easements
• Ohana Permits
• Nonconforming Structures
• Board of Appeals (Zoning, Building Code) Minutes and Findings of Fact, Conclusions of Law
• Research Reports ordered by Inspectors as to potential Violations
• Interpretations
• Planning Commission Minutes
• Correspondence from Bldg Dept in response to various inquiries, for specific properties
• Notices of Violation (Bldg Code, Housing Code, etc)
• Notices of Order
• Permits Revoked
• Certificates of Occupancy
• Park Dedications
• Sewer Connection Applications
• Maps of Sewer Capacity (neighborhoods at near max capacity)
• Sewer Connection Applications (and outcomes)
• Certified Shoreline Survey Maps
• Building Code Product Approvals
• Inventory of Historically significant structures
• Archaeologically significant sites
• Police Crime incident reports

Integrating this information into a GIS layer and making the contents searchable (at least the permit description), will allow users a much more powerful analysis and allow greater transparency of gov't. 

As a side note: this database serves as an inventory of a community's assets and is also useful during the recovery phase of a disaster. A key question for responders is how to "build back better." Being able to visualize the cultural and social assets (ie this writer is suggesting that mapping land use permits and other information on the list above), can help administrators visualize the intangible social fabric of a community and how these cultural assets are physically distributed and possibly relate to each other. This early understanding can help jumpstart the process of rebuilding. Moreover, the same system of organizing and mapping will help a community better manage its resources in times of calm and crisis. (ie. How many large meeting facility spaces within a 3 mile radius can serve as impromptu evacuation centers? The floor area, # of stories, and type of construction might yield further clues as the the suitability of each site.)

Perhaps this new geo-spatial awareness can hep answer the following questions:  

• What areas of the island are experiencing growth (new permits issued for refurbishment or new construction permits)? Where are the most expensive construction projects occurring? 
• Which neighborhoods have the least amount of building permits issued? Are these areas more vulnerable since they have an older housing stock that might not be retrofitted with hurricane resistant tie-downs or other floodproofing measures? 
• How is the construction sector of our economy doing this year vs last, vs 3 years ago when the recession began? Based on this, what does the future look like for construction on Oahu? Where on the island are new commercial facilities being built? 
• Which neighborhoods have experienced the most foreclosures?
• What area had the highest number of revoked permits or notices of violation? These areas might be especially hurting in terms of not being able to afford an architect or licensed builders.
• Which regions are spending the most on photovoltaic panels or installing solar water heaters? 
• Have any of my neighbors submitted a flood elevation certificate? (The flood elevation relative to sea level is given on FEMA maps, but they do not tell specifically what is the flood elevation relative to the existing grade. Thus how high off the ground a structure must be elevated is unknown.)  
• An esoteric example of the usefulness of this data: Homeowner is cited by the Inspector for not having enough wood-earth separation under the house. Are there any cases where the Bldg Dept has OK'd alternatives? (ie. Is it possible to add a 6" layer of BTB in lieu of a concrete slab, which at this point, is very difficult to pour under an existing post and pier home.)  
• Another esoteric case: A wall that is required to be fire-rated was built incorrectly and does not provide the required fire-rating. What alternative solutions are available that might be more cost effective than replacing the wall? Have there been cases where an intumescent coating was approved in lieu of standard construction? What documentation was required/submitted in those cases? What conditions did the Bldg Dept impose in granting approval?

While the above information is technically already available from the Building Dept records, it is not searchable or mapped onto GIS. In some cases, a customer would need to specify the address in order to see what permits have been approved for that property. For example, what action did the Building Department take the last time an illegal sea wall was discovered? Were variances ultimately approved or were the owners forced to retreat mauka from the shoreline? Were there mitigating circumstances? As our legal system knows, being able to identify cite precedents is important. But as the system is now, unless the specific site is known, the public is not given sufficient access to the database to search past precedent cases. It is questionable if even the City could locate the information either. 

The direct benefit to city employees is that providing an elaborate database of information directly accessible by the public can reduce the volume of phone calls and provide an interactive database where customers can be directed to conduct their own self-paced, self-help research. With added wiki features and bulletin board style features, users might engage to help each other, further reducing direct contact between irate citizens and city administrators.

In such a regulatory  environment, not only do development and construction costs increase due to the unpredictability of how zoning laws will be interpreted, but improvements to land use policy can be difficult because data on the location, condition, and exemptions granted to existing improvements, which are extremely usefully in shaping policy decisions, are not readily available.

Such a database can be integrated into the other apps and database management software available so that this information isn't a dead end or useful only to planners or policy makers.
 
I eagerly look forward to seeing more of CityCamp's efforts to make Honolulu's government more transparent, efficient and user friendly.







Institutional Memory also serves as a reference, a trail of past precedent clues that might explain why we have the laws that we have today.


[post revised Jan 17, 2012] 
[post last revised Dec 23, 2012]