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MEMORANDUM RE: Proposal for immediate implementation of grievance procedures as required <br />by §14 -102 of the Hawai'i County Ordinance: Lowest Law Enforcement <br />Priority of Cannabis: <br />DATE: November 20, 2009 <br />TO: Chairman Yagong of Committee for Public Safety, Parks and Recreation <br />FROM: The Board of Directors of the Peaceful Sky Alliance <br />It specifically states that in Hawai'i County Code § 14 -102 that: <br />...The council shall ensure the timely implementation of this chapter by working with the chief of <br />police and /or the police commissioner to ...provide for procedures to receive grievances from <br />individuals who believe that they were subjected to law enforcement activity contrary to the lowest <br />law enforcement priority of cannabis... <br />Given the continuing harm to the community due to violations of this ordinance or failure of the <br />Department of Public Safety to comply with this ordinance, we request that measures are put in place <br />for any member of the public to file a complaint if they consider that they have been harmed by a <br />failure of any member of the Police Department to comply with this Lowest Law Enforcement Priority <br />of Cannabis Ordinance. <br />The only grievance procedure in place for the public currently is a phone number for the Vice Squad of <br />the Hawai'i County Police Department which, in the legal sense, represents the "offending agency." <br />Given that it is specifically stated that the grievance procedures must be implemented in a timely <br />manner, it is requested that these grievance procedures be implemented as quickly as possible. We <br />request that The Police Commission work with the Hawai'i County Council to implement these <br />grievance procedures as required by §14 -102. <br />The Board of the Peaceful Sky Allliance recommends the following procedures be implemented <br />immediately: <br />➢ A dedicated complaint form be published on the website of the Hawai'i County Police <br />Commission in downloadable pdf format. <br />➢ This form should be titled "COMPLAINT OF MISCONDUCT BROUGHT BY THE PUBLIC as <br />relating to Lowest Law Enforcement Priority of Cannabis Ordinance " (or similar wording) <br />➢ As with the general complaint form currently available on the website, this form should require <br />the name and contact details of the plaintiff but should NOT include Social Security Number as <br />this is intimidating and we do not believe that this information is necessary for the complaint <br />procedure. <br />➢ The complaint form should be required to be notarized, as with the `general complaint form <br />published by the Police Commission. <br />➢ A specified portion of the agenda for the monthly meeting of the Police Commission should be <br />dedicated to hearing complaints relating to the Lowest Law Enforcement Priority of Cannabis <br />Ordinance. <br />➢ In addition to reporting to the Police Chief on its findings all complaints along with the findings <br />of the Police Commission. should be forwarded to the Committee for Public Safety, Parks and <br />Recreation to be addressed by this committee. <br />CC: Police Commission, Police Chief Harry Kubojiri <br />