2013-03-15 Police Commission Minutes

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Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 3 Correspondence 2013-02: Request for representation by Corporation Counsel for ) Officers Jason Kerr and Sandor Finkey in Civil No. CV12-1-0541. Correspondence 2013-03: Dwight Vicente requests reconsideration of the commissionÓs decision that there was insufficient evidence of misconduct in Complaint HPC 12-41. Correspondence 2013-04: Request for representation by Corporation Counsel for ) Officer Keith Nacis in Civil No. 13-1-0032. Commissioner Mende moved to accept and file the correspondence. Commissioner Ono seconded the motion, and it carried unanimously. Election of Vice Chair of the Police Commission for 2013 due to Paul Horner from the Police Commission. Commissioner Mende moved to nominate Commissioner Ignacio as Vice Chair. Commissioner Kualii seconded the motion, and it carried unanimously. Recess was called at 9:45 a.m. The meeting reconvened at 10:00 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS LT. BURT SHIMABUKURO (Complaint HPC 12-50) came before the commission to answer questions regarding marijuana eradication and use of helicopters. He stated that the State is in charge of the overall operation of the helicopters. Officers should identify themselves. During eradication missions, they assist State personnel. If it is a standard eradication mission, they are only directed to take plants. The procedure is according to State Narcotics. If they have more than 7 plants on their property, that is a violation, and they take everything. For eradication missions, they donÓt give a receipt for taking plants that are over the limit. Chief Kubojiri stated that if they execute a search warrant, they do a plant count, and it is reflected on their evidence and property receipt. If it is eradication, they will have a count by area. The State Narcotics Enforcement Division runs the eradication missions, and they are tasked with issuing the medical marijuana permits. They verify that a person has a permit. If it exceeds the limit, and the individual wants to make a complaint, it is with the State Narcotics. The police only assist the State Narcotics Enforcement Division. In interpreting the statute, they made a policy decision that if they exceed the number of allowed plants, they take everything. conditions when they obtain the permit. The State Narcotics Division does permit verifications prior to the eradication mission. The location is on the permit. State Narcotics personnel have to be there to do the verifications. Lieutenant Shimbukura stated that they can have multiple permits for multiple people on the property.