HomeMy WebLinkAboutCOM 0551.004 2002-2004 Page 1 of 1
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Sent: Sunday, May 16, 2004 12:54 PM
Attach: coplights.doc
Subject: COUNTY RISK
Sunday, May 16. 2004
Aloha!
It is over 2 years since this letter was sent to Lincoln Ashida and
the situation has not changed. We must also stress this aspect
of "VISIBILITY" to those concerned. This was copied to the Chief
sat that time and also the County Council representatives from
Kona at that time. Presumably the Mayor did not receive from
Mr. Ashida.
Comments?
Alan
Comm. No.~~
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5/17/04
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COUfJi .
James S. Correa, Chief of Police
Hawaii County Police Department
349 Kapiolani Street
Hilo, HI 96720 February 12, 2002
Dear Chief Correa:
I believe the enclosed copy of my letter to Lincoln Ashida is self-explanatory.
I have no idea whether you can or would support any of my suggestions, but the reason I
directed my concerns to him rather than you initially is because it is as much a county
risk management issue as it is a police administrative issue.
Please feel free to contact me with any questions or comments.
Respectfully,
Jack Brunton
77-6439 Walua Road
Kailua Kona, HI 96740
Aloha Lincoln,
I hate to drop this on your desk, but I think you are the best person to direct this to.
Although it may appeaz to be a minor issue, I think it has potentially expensive
implications. Feel free to correct me if I'm wrong.
Frankly, the police deparhnent continues to be more of a liability than it is an asset: the
potential claims, if filed, from the most recent Puna police shooting, the Captain Cook
and Puna pedestrian accidents, the Pacheco homicide will continue to spread county
resources thin. You would think we lived in a jurisdiction with ten to twenty times the
population (and tax base).
The liability issue I present here is one that could be very inexpensively resolved -for
much less than the cost of one claim.
1 am confident you will know who to forward this to if you feel it is worthy of action.
Keep up you good work.
Respectfully,
Jack Brunton
Mr. Lincoln Ashida
Corporation Counsel, County of Hawaii
101 Aupuni Street, Suite 325
Hilo, HI 96720 February 13, 2002
RE: Potential county liability for inadequately equipped police vehicles
Dear Mr. Ashida:
This letter was already drafted when I read in the newspaper of the cancellation of the
Hawaii County Police Department's no-fault insurance policy due to excessive claims. I
do not know whether those excessive claims are in part related to issues I raise here, or
whether they are due to inadequate driver training and emergency vehicle operations, or
other reasons. But in either case, the concerns presented here become much more timely.
You are probably aware that almost all of the HCPD patrol vehicles are county
subsidized, and that, in their various colors, makes and models, not one of these is
obviously and unmistakably marked as a law enforcement vehicle. The only clue as to
what they are is the presence of miniscule, ineffective roof-mounted strobe lights and
antiquated electronic sirens mounted behind the grille (which muffles their already
meager volume). They have no insignia, no identification of any kind whatsoever, not
even a county license plate.
I am concerned that the inadequacy of the markings and the complete absence of safety
equipment may result in future liability to the county. Even if there are not potential
legal ramifications, it seems to me the county has a moral and ethical responsibility to
protect its police officers and members of the public by using standard, contemporary
safety equipment.
I am addressing my concerns to your office because the county has no risk manager that I
am aware of Furthermore, your office will defend any future lawsuits resulting from my
concerns here, and 1 know that you are personally and professionally concerned about
potential county liability.
A few weeks ago, a subsidized Kona police SUV responding to an emergency during the
daytime with only it's blue strobe roof light flashing (no headlights, no four way flashers)
and an inaudible siren, passed a group of cars by crossing the centerline of the Queen
Kaahumanu highway on a curve. My vehicle, with several others, was in the opposing
lane of traffic. All of us had to take swift evasive action to avoid a collision with the
police vehicle, which -other than being on the wrong side of the road -was virtually
indistinguishable from every other vehicle in both lanes of traffic.
My point is not that the officer was driving recklessly, although he may have been given
the fact that his vehicle was so inadequately equipped. My point is that had he been
driving a highly visible, properly equipped police vehicle in the same situation, other
vehicles on the road would have had ample opportunity to see and identify the situation,
and yield appropriately without endangering the officer and other motorists.
I will try to describe as briefly as possible my specific concerns, which fall into two
areas, both of which would be resolved by adopting reasonably contemporary standards
for law enforcement vehicles in the United States
First, one of the traditional purposes of uniform patrol is the deterrence of crime through
high police visibility. HCPD vehicles are virtually invisible and fail woefully in this
regard. Although locals maybe able to identify them as police vehicles, our many
mainland and foreign visitors unequivocally cannot. This not only negates the
effectiveness of uniformed patrol, but also creates false impersonation issues. Even low
profile vehicles of west coast police departments are easily identifiable to avoid any
doubt in a citizen's mind as to their legitimacy. Citizens not objectively convinced of an
officer's legitimacy are rightfully concerned about stopping for fear of impersonation and
assault, a fear borne out by a number of criminal incidents on the mainland in the last
twenty years using that MO. If I were a visitor not familiaz with these vehicles, I would
never, ever stop in the Ka'u desert at midnight for a late model black sports car with
spoilers and nothing more than a miniscule blue light on the roof to convince me it was a
"police car". Nor, I might add, should I be required to.
Police vehicles used for everyday interaction with citizens must be marked and easily
identifiable.
The second issue is that of emergency response and protection. A police vehicle
responding to an emergency (and protecting the scene after arrival) must be highly visible
above normal traffic. The majority of Hawaii County police vehicles again fall woefully
short. They are not only invisible while they aze responding -placing officers and the
public at great risk -they are virtually invisible when they have arrived, for example,
when they aze "protecting" a traffic accident scene. The hazard of emergency response is
exacerbated on this island by the profusion of two-lane roadways, many without
shoulders or turn lanes, coupled with increasingly heavy traffic. On the Kona side, it is
not unusual to see traffic backed up for miles (literally) on the main thoroughfazes during
rush hour; again, most of these are two-lane roadways.
To meet any minimal contemporary police standards in the United States, Hawaii County
police vehicles should bear insignia identifying them as police vehicles*. Patrol vehicles
should be equipped with adequate (removable) light bars (or warning light combinations,
including grill lights, strobes in turn signals/side mazkers/brake/backup lights), wig-wag
headlights or an equivalent, and audible high-wattage sirens (without restriction as to
which "position" they can beused -department policy forbids use of the "hi-lo" position
even though this is the tone most recognizable to many foreigners). I would also
encourage the installation of spotlights or "take down" lights, or some equivalent, to
improve officer safety at night.
In my opinion, all of the current subsidized vehicles could be adequately equipped with
identification and safety equipment to make the vehicles assets, not significant liabilities,
and it could be done without compromising the use of subsidized vehicles off duty.
I recognize that the current practice is a unique local custom, one in which many may
take pride. But times have changed. The use of unidentified and unidentifiable police
vehicles for patrol purposes is impractical, ineffective and unsafe. Rather than
maximizing, they minimize protection and safety and aze counterproductive to the
mission.
To continue the present course would be irresponsible. Hawaii County should recognize
that a few dollars spent today in complying with basic contemporary standards will not
only improve service but may well save the taxpayers substantially in future insurance
premiums and claims against the county.
As a taxpayer, I would appreciate your efforts to improve this situation.
Sincerely,
Jack Brunton
77-6439 Walua Road
Kailua Kona, HI 96740
(808)331-1138
e-mail islandboyzLbigfoot.com
cc: James S. Correa, Chief of Police
Curtis Tyler, Hawaii County Council
Nancy Pisicchio, Hawaii County Council
* Removable magnetic insignia and markings could accomplish this; West Hawaii
Crimestoppers offered some time ago to subsidize this improvement but the county
rejected the offer.