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HomeMy WebLinkAboutCOM 0836.000 1998-2000 May 25, 2000 Del Pranke 2780 Kumu St. Pahoa, HI 96778 965-8169 Mr. Gerald Takase, Assistant Corporation Counsel Office of the Corporation Counsel 101 Aupuni St. Hilo, 11196720 Dear Mr. Takase, I am writing this letter as a follow up to my conversation with your secretary this day. Please notice that Police Commission rule 4(b) states: COMMISSION MEETINGS. The regular meeting of the commission shall be on the third Friday of each month at 10:00 a.m. in the County Council Room or other site accessible to the public as announced in the previous meeting. I have made notice to your office and the Police Commission and Fire Chief Bumetay, that the Liquor Commission meeting room will not accommodate the expected number of people for the June 16, 2000 meeting. As you are aware, more than forty people showed up at the Kailua-Kona meeting last Friday. I have been in contact with that many people associated with Citizens For Justice who assure me that they plan to attend the June meeting. As you know, a meeting which is inaccessible to the public cannot be a public meeting. Platooning people into a room to give testimony does not meet the requirements of an open public meeting because a meeting involves much more than testimony. It would not only be a violation of the Sunshine Law to hold a meeting which only some people would be allowed to attend, but would also violate the county code of ethics, by failing to treat citizens in an impartial manner. Since moving the stated meeting place will require the approval of a majority of the members of the commission. Such a decision will require that a special meeting be called so that the commission can take official action in accordance with their own rules as required by HRS-91. It appears to me that, in accordance with HRS 92-7 (a)(b)(c)(d), notice of the special meeting to vote to reschedule the June 16 meeting will have to be made by Friday, June 2. Please advise the Police Commission to change the meeting to a place able to accommodate at least 75 citizens. In a related situation, I attempted to retrieve some documents from the Police Commission Office today, and was astonished to find that the office was closed for today and tomorrow (May 25 and 26). In fact, because of the long weekend, it will not reopen until Tuesday, May 30. That certainly does not meet the requirement of HRS 9217-1 I(b). Further, upon checking with both Mr. Legaspy, in the Office of Information and Complaints, and with the Police Department 1 Comm. No. J~ File No. Ref. To: Ref. Uate could find no one who could give me access to the documents which I sought, despite a sign on the commission door stating that such would be the case.. I have brought this violation of the law to the attention of the Police Commission several times, the latest was at the Police Commission meeting of April 14 of this year, which you attended. Please advise the Police Commission as to their responsibilities in maintaining an office which is accessible during regular business hours. Thank you for your attention to these problems Sincerely, Det Pnke ` cc. Fire Chief Ed Bumetay Hawaii County Police Commission Mr. John Cole Esq., Office of Information Practices Del Pranke 2780 Kumu St. Pahoa, HI 96778 965-8169 June 14, 2000 Mr. Jay Kimura Prosecuting Attorney of Hawaii County 34 Rainbow Dr. Hilo, Hawaii 96720 RE Violation of "sunshine Law" HRS Chapter 92 Dear Mr. Kimura: On Friday June 16, 2000, the Hawaii County Police Commission is scheduled to hold regular its meeting in the Hawaii County Liquor Commission conference room. The room in question will hold no more than 36 people in conformance with county fire regulations. Despite the fact that the commission has been warned that many more people plan to attend the meeting than can legally fit into the room (see attached letter to Gerald Takase), they intend to go ahead with their meeting. Please advise the commission, as you are required to do under HRS 92-12, that any meeting which intentionally excludes any member of the public cannot be a legal meeting. Sincerely, Del Pranke a r a a g t -~t cl~ r ~/o i A £ 1 %ap rte. •}~j. 1E f ~ ; ~ ` w ~r k " ~ ~ nr p f F I s s F ~~fie ~/tf.' E t~~ a~ v~ der- S I {4 7=y ~Fn• ''Q f a ~',5~~ i .J F'