NO. 29821
IN THE
SUPREME COURT OF THE STATE OF HAWAI‘I
GANNETT PACIFIC CORPORATION,
dba The
Honolulu Advertiser, Petitioner,
vs.
AARON S.
FUJIOKA,
Administrator,
State Procurement Office, Respondent.
ORIGINAL PROCEEDING
ORDER
(By: Moon,
C.J., Nakayama, Acoba, Duffy, and Recktenwald, JJ.)
Upon consideration of the petition for a writ of mandamus filed by
petitioner Gannett Pacific Corporation, dba the
Honolulu Advertiser and the papers in support, it appears that the
issuance of an invitation for bids involves the exercise of
discretion and judgment by respondent State Procurement Office
Administrator. See
Hawai‘i Administrative Rules §§ 3-122-10, 3-122-13,
3-122-16.06, 3-122-21. Therefore, petitioner is not entitled to
mandamus relief. See Hanabusa v.
Lingle, 119 Hawai‘i 341, 347, 198 P.3d 604, 610 (2008) (Mandamus
relief is
available to compel an official to perform a duty allegedly owed to an
individual
only if the individual's claim is clear and certain, the official's
duty is
ministerial and so plainly prescribed as to be free from doubt, and no
other
remedy is available. A duty is ministerial where the law prescribes and
defines
the duty to be performed with such precision and certainty as to leave
nothing to
the exercise of discretion and judgment.).
Accordingly,
IT IS HEREBY ORDERED that the petition for a writ of mandamus is
denied.
DATED:
Honolulu, Hawai‘i, June 2, 2009.