2008-12-19 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes December 19, 2008 Page 4 island. To say that, is leading officers to break the law that they are supposed to uphold. It would be great for Chief Mahuna to announce to the department, the newspapers, and residents of the Big Island that this is the new law of the land, and that he looks forward to upholding all the laws. He would love to have the Chief correct his comments and apologize. MR. KLARE: (COMPLAINT HPC 08 -30) stated that his comments follow that of Adman Lehmann. He's heard that this law is being challenged because of the separation of powers. Chief Mahuna and Jay Kimura lobbied the state legislature to keep marijuana outlawed. These kinds of thoughts come from the cold war and are fear based. BILL DALEY (COMPLAINT HPC 08 -30) stated that marijuana enforcement is not an issue for him, but selective enforcement is an issue. He would like the police commission to strongly rebuke the Chief's statement. This kind of thing cannot be a policy. He expects the commission to be as outraged as he is. For anybody to publicly speak against any law is outrageous. He has no interest in marijuana. He is more concerned that they can pick the laws and follow it. This body is the first line against lawlessness. An apology is not enough for him. EXECUTIVE SESSION Commissioner Kaoiwi moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department, to conduct an annual performance evaluation of an employee where consideration of matters affecting privacy would be involved, and to consult with Corporation Counsel on questions and issues that pertain to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Vice Chair Whittemore seconded the motion, and it carried unanimously. Executive session convened at 10:44 a.m. Regular session reconvened at 12:05 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 08 -29: Complainant alleged that an officer put handcuffs on him roughly and used profanity. Commissioner Kaoiwi moved to refer this complaint to the Chief for an Internal Affairs Investigation. Commissioner Sumja seconded the motion, and it carried unanimously. Complaint HPC 08 -30: Complainant alleged that Chief Mahuna told the newspaper that the new marijuana ordinance was a resolution, and that there would be no change in how the police department prioritizes the enforcement of marijuana. Vice Chair Whittemore moved that they defer action on this complaint pending clarification from the Attorney General regarding the enforceability of the ordinance and to wave the 60- day time limit. Commissioner Behenna seconded the motion, and it carried unanimously.