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HomeMy WebLinkAboutCOM 0915.000 1996-1998 Bruce E. Perry From: Bruce E. Perry[FAX:+1 (808) 351-5989] Sent: Wednesday, July 08, 1998 3:35 PM To: 'Hawaii County Council Members'; 'Mayor Yamashiro'; 'Supervising Liquor Control Investigator' Subject: Report of Violations on S/S Independence Sensitivity: Personal Dear Mayor, I am faxing you only because of the lack of a response to my report of violations to your county's Liquor Commission. I also called and spoke with someone at 961-8507 (adminstrative aide to your office) two weeks ago about this and I was promissed a letter, which I have not received. On sept. 4th of last year I was working for American Hawaii Cruises and was in a Supervior Position in the Deck Department. I was fixing a step to a ladder in one of the pools when a passenger assualted me and then was allowed to return to the bar and continue drinking. I am not going to get into all the details of the incident since of I already sent a complete package to a Mr. Glen Hudman with the Hawaii County Liquor Commission. This package also included a police report taking by the Hilo Police department officer Gali. The police report # is F-38026 and it contains statements from the Chief Officer, My self, Bar personnel, and an employee that physically had to restrain the intoxicated passenger. I am very interested in seeing the company held responsible for the violations that have been reported and documented. I was once a bar manager here in Honolulu and know what a clear violation of the Liquor laws are. Would you please get involved and make sure that this is properly investigated. I have suffered Professionally from this incident and would like to see the company held responsible to the same laws and standards that we are all subject to. My phone # is (808) 351-5989 and my address is Bruce perry @ 1142 Auahi Street #2822, Honolulu, HI. 96818.y Thank you for your time. Bruce E. Perry C.C. Council Members G ~ L Liquor control commissioner Cw as±r, NC- Page 1 r l f. T,:_- 998 JUL 0 IlAv AU POLICE DEPARTMENT Page t of INCIDENT REP RT i Report Number ~~District 44 L-- n~~ Ra ¢Aa Mw.A-pt/ ] YH ]Y.f JNe 1 IH l ima l ~CS A~ BGu SO. IdU.cal R J. NWN 15 S~ Ldrnetl Up RSpdsvGommenrs ASV..1 t0. Ib. Cdr mmax ~pn4, I 5. Non b.pl P•y 11. "0,, ,1 Tau 7-7-- 1-~-~i L ? a e..m.amf tx a.n...rr_ 'a . COn i-~l.-f-~ J ~ti+-4A 17-F--, $$µµVrarm ]Rponvp Prawn ~Wnnsaf J$use.e ]Error • jlr..n~ ]S.rrroa ]T^ . jCf~- :1L ]A>•• zW Nun ~t Fwft ( J y`.t! _ J 3mo Lat Rtlulla ISSN I r•G% l~ lD 7 Brsem Tear ] Reruae - ~LG Ovadunrl~Pd Ju.•mtl I Solroa Aarpq 7 Nana 7 H P D rL/ ~MMw J` 7A,7aa I q' I PaNZ? ~~E, J ~~ul LJ! 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Ta., 0A,.l Tme 0.ner Nam. ` I~ IV I C r Aaareff O..rwr NOW. By 0. I Lnv Pewn NoMrp rZerump ~r Due r Time -~vverp Gle I me I A: vennq ~r emverp Lwauon a„nc Page of pages mtinuation r HAWAII POLICE DEi kRTMENT Report Number type ~ ReWevly McHw ApLe FN SuNa [lgewm MPS N 7YU Oyn ONO O OCNW'J~~(~ r O F.aw Fne r~l=L-1 `S^ ~ I~TT~ J V410f V"k"Pl n'Sunue W': "$T-SIOMn OVA ue t3-L" DM-De "o WV-Wenlee $V-SUfOW F+-Evgwte IM+Impeu TV-Te FN-Fwb FF-Fw1Mwe gem en, real R9 llwn M Statu! AEC. Send / CORN I.D. GeewlPO*n w Menutopww / MWe1I Gun Mew I Typo Cel Ga P cemw y cow" pry. Velw . SUMMARY/ SYNOPSIS ......--t-..~. X . ti L ...............~......Lfr.:~..~~ ..~GS LEI I~ ~i-i .>JTE!L ....T) 15..... ~..~v S C.....~) ti.... t (continue on back) r I.D. Ro. peleRime reuse e I D r+o %~J - LrC Sz, G11 `1 s Ji - S -c °PO FORM 9A (ST 06-10.91) f Bruce E. PERRY 09-04-97 F-38026 512 Iolani Avenue, Apt. 402 Ofcr. C. GALI HL Honolulu, Hawaii HARASSMENT PAGE 1 OF 5 PAGES ASSIGNMENT/ARRIVAL 09-11-97: 1032 Hrs.: I was assigned by Central Dispatch to meet the complainant at the "gangway" of the S.S. Independence docked at Kuhio Wharf in regard to a harassment complaint. 09-11-97: 1038 Hrs.: I arrived at the scene. COMPLAINANT'S SUMMARY 09-11-97: 1038 Hrs.: I interviewed the complainant in this case identified as Bruce E. PERRY, M-31, who related that he is a bosun for American Hawaii Cruises. He stated that he wished to make a complaint regarding an incident that happened last week Thursday (09-04-97) on board the S.S. Independence while it was docked at Kuhio Wharf in Hilo, Hawaii. He stated that he was on the sun deck of the ship at which time he was fixing a step to the pool. He was lying on his stomach and the upper part of his body was over the pool and his legs were on the deck. He stated that while he was fixing the step to the pool, an unknown male passenger had picked him up by his two feet and had lifted up his legs to the suspect's chest area at which time he was dangling over the pool. PERRY stated that he felt some abdominal pain and that several years ago, he did have an appendectomy. He stated that he made a check with the doctor on the ship regarding this pain but that the doctor stated that he had no injuries and that he was fit to return to work. PERRY stated that the suspect (who is a male passenger) was at the Surf Rider Bar on the sun deck drinking. He stated that he learned from other employees at the Surf Rider Bar that the male party stated, "Watch this," at which time he went over to PERRY and had lifted him up by the legs. PERRY stated that when this male party lifted up his legs, he heard the male party saying, "I got you now. I got you now." He then stated that another employee had pulled the suspect away from him and he was then let go. He stated that he did make a report with the ship personnel but stated that the 1021u/10 < y Bruce E. PERRY 09-04-97 F-38025 512 Iolani Avenue, Apt. 402 Ofcr. C. GALI HL Honolulu, Hawaii HARASSMENT PAGE 2 OF 5 PAGES suspect's name is unknown at this time, though ship personnel were attempting to get this information. I explained to PERRY (who wished to make a criminal complaint) that if the suspect is unknown that it was unlikely that the Prosecutor's office would prosecute this case being that this suspect is probably a visitor and being that this is a misdemeanor harassment case that the Prosecutor's Office would probably not bring this person back to Hawaii for any type of trial. PERRY stated that he wanted to make this report for record purposes only. This was all the information that PERRY could relate to me and the interview was terminated. SCENE The scene of this case is on the sun deck of the S.S. Independence which was docked at Kuhio Wharf in Hilo, Hawaii. SUSPECT'S ACTIVITY The suspect in this case had lifted the suspect by his two legs up to his (suspect's) chest area while the complainant was fixing a step to the pool of the ship on the sun deck. The victim in this case was dangling over the side of the pool. WITNESSES INTERVIEWED 09-11-97: 1105 Hrs.: At the Surf Rider Bar on board the S.S. Independence, I interviewed: erome K. GARCIA, M-20 Bus. Ph.: 847-3172 Cocktail Waiter American Hawaii Cruises GARCIA stated that the suspect passenger in this case was sitting at the bar at which time he observed the suspect to 102lu/10 Bruce E. PERRY 09-04-97 F-38026 512 Iolani Avenue, Apt. 402 Ofcr. C. GALI HL Honolulu, Hawaii HARASSMENT PAGE 3 OF 5 PAGES approach Bruce PERRY who was working on a step to the pool. He saw the suspect grab the victim by his two feet and lifted his legs up to the suspect's chest area. He further stated that one of the other employees had pulled the suspect off the complainant. He then stated that the male party returned to the bar to continue drinking. When I asked him if he knew who the party was, he stated that he did not and that he did not get a name for this person. He described the party as being a: Sea: Male Race: Caucasian Complexion: Tan Height: 5'6" Clothing: Unknown Facial hair: A brown mustache Hair: Dirty brown Scar: On his right shoulder This was all the information that GARCIA could relate to me and the interview was terminated. Another interview of a witness was done by Officer Terrance JOHNASEN. Refer to Officer JOHNASEN's supplementary for more information. PERSON INTERVIEWED 09-11-97: Approximately 1110 Hrs.: I made contact with: Scott H. HIGASHI Director of Administration and Risk Management S.S. Independence/American Hawaii Cruises Bus. Ph.: 842-9701 At this time, I asked HIGASHI if they would be able to identify the male suspect passenger in this case at which time he stated he would have to look through their records. He further stated that no identification was made of this party. 1021u/10 Bruce E. PERRY 09-04-97 F-38026 512 Iolani Avenue, Apt. 402 Ofcr. C. GALI HL Honolulu, Hawaii HARASSMENT PAGE 4 OF 5 PAGES I had asked him if this party had paid cash or had charged his drinking bill at the Surf Rider Bar. He told me that it was unknown and that he would have to go back to check the receipts but that he would not be able to tell me who this party was. He could only give me names of people who had charged during the time of this incident (09-04-97 at 1400 hours). HIGASHI had no further information. to relate and the interview was terminated. SUSPECT The suspect in this case is a passenger described as a: Sea: Male Race: Caucasian Height: 5'6" Complexion: Tan Clothing: Unknown Facial hair: A brown mustache Hair: Dirty brown Scar: On the right shoulder INVESTIGATION Investigation reveals that on 09-04-97 at 1400 hours, the complainant in this case was fixing a step to a pool on the sun deck of the S.S. Independence which was docked at Kuhio Wharf in Hilo, Hawaii. The victim in this case was lying on his stomach and that his upper body was over the side of the pool and his legs were on the deck. An unknown male passenger had come up from behind him, had picked him up by the two legs, and had lifted his legs up into the air up to the chest area of the suspect. The victim in this case was dangling over the pool. The victim in this case reported some discomfort to his abdominal area and further related that he had an appendectomy several years ago but that he went to the doctor of the ship who stated that he was fit for duty and that he had no injury. Witnesses at the scene confirmed the complainant's story. Investigation reveals that the suspect in this case was 1021u/10 Bruce E. PERRY 09-04-97 F-38026 512 Iolani Avenue, Apt. 402 Ofcr. C. GALI HL Honolulu, Hawaii HARASSMENT PAGE 5 OF 5 PAGES drinking at the Surf Rider Bar on the sun deck of the S.S. Independence when he had told some people there, "Watch this." The suspect approached the victim who was fixing the step to the pool ladder. Witnesses observed the suspect to pick up the victim's two feet and had lifted his legs up into the air. The victim's legs were chest high to the suspect and that the victim was dangling over the pool. Another employee had pulled the suspect away from the victim and that the suspect then went back to the bar and continued drinking. No one had identified the passenger and as of this time, the passenger is still unknown. DISPOSITION I recommend that this investigation be suspended in that the suspect is unknown at this time and that the complainant was advised of this closure. INV. SUSPENDED APPROV~ Christopher D. GALI #152 L PO 2W HL p~ 09-15-97 1343 HRS DATE : (C 09-16-97 TUE 0744 HRS 102lu/10 ! z~/E ~.ti ' V O L- V/!V -c,- I tF t2 Cu _S Dn_ - P5 5_iv_c F r2 _S _2- cAc -TA 0 t -A 74T -7-4~ a- -ri Al F - --PA s5 E N, ~ 2- _ rai ~r--- - TO: CAPTAIN OF THE S.S. INDEPENDENCE FROM: BOSUN, BRUCE PERRY SUBJ: INCIDENT AT THE SUN DECK POOL ON 03SEP97 DATE: 08SEP97 Dear Sir, While working at the sun deck pool at 1400 last Thursday, an incident took place with a passenger that was witnessed by the Chief Officer, bosn mate Barry Fuller and the cocktail waiter on duty at the Surfrider Bar. I was lying flat with my head and arms into the pool fixing a step on the stbd side ladder as directed by the Chief Officer. A male passenger that was sitting at the bar told the cocktail waiter to "watch this" and ran over to me, grabbed my feet and tried to flip me over length wise into the pool. I was helpless and stunned. The bosn mate, Barry, wrestled the passenger away from me and noticed the Chief Officer visually witnessing the event. I informed the passenger that I was upset and he stated he was just " having a little fun." Several minutes later I informed the Chief Officer that my appendectomy scar felt sore and asked him if he had seen what happened at the pool with the passenger. He said that he thought it was just some horseplay. I informed him it was not horseplay and that I was injured and upset about the incident. The Chief Mate acknowledged my statement and continued working on the line which holds the blue screen in place for the board game on sun deck port side. The day mate was there also at the time of the discussion with the Chief Mate. Several hours later I went to see the doctor and nurse. An accident report was taken and I was told I was fit for full duty. The next day, and several times since, I have asked the Chief Officer and the day mate for help in getting the passengers name for the purpose of filing a police report. They have shown no interest in helping me and have not supplied me with any information that may be helpful for a police report. The purpose of this letter is to ask you for your cooperation in acquiring the name of this passenger so that I may file a police report in Hilo for assault against me by a passenger. Than ou, CG N I e G D-e ITZ GhitoT O ff;LP-r Bruce Perry. f,w,an Pe5c-ourW-5 TO: CAPTAIN OF THE S.S. INDEPENDENCE FROM: BOSN MATE SUBJECT: INCIDENT AT SUN DECK POOL ON 03SEP97 DATE: 09SEP97 ON SEPTEMBER 03, 1997 I WAS AT THE SUN DECK POOL ASSISTING THE BOSUN, BRUCE PERRY, WITH SOME LOOSE LADDER STEPS IN THE POOL. BRUCE WAS LYING ON HIS FRONT SIDE WITH HIS ARMS OVER THE EDGE OF THE POOL TRYING TO SEE WHAT THE PROBLEM WAS. I WAS APPROACHING HIM AND WAS ABOUT 7 FEET AWAY WHEN A PASSENGER APPROACHED BRUCE AND PICKED UP HIS LEGS. THE PASSENGER THEN TRIED TO PUSH BRUCE INTO THE POOL, OR IT SEEMED. WHEN THE PASSENGER PICKED UP BRUCE'S LEGS TO HIS (PASSENGER) CHEST, AND STARTED TO PUSH BRUCE TOWARDS THE WATER. I GRABBED THE PASSENGER AROUND THE WAIST AND BEGAN TO PULL THEM BOTH AWAY FROM THE POOL. I WAS NOT SURE HOW TO HANDLE A PASSENGER IN THIS CONDITION AND TRIED TO BE AS POLITE AS I POSSIBLY COULD. HOWEVER, THERE WAS NO TIME TO CALL FOR A PASSENGER RELATIONS PERSON OR ANYONE ELSE TO CONTROL THE PASSENGER THAT WAS HOLDING THE BOSUN UP BY HIS LEGS AND THREATENING TO TOSS HIM IN THE WATER, SO I HAD TO ACT AS I DID. AFTER THIS INCIDENT, THE PASSENGER WENT BACK INTO THE SUN DECK BAR AND SAT DOWN ON THE STOOLS LOCATED AT THE BAR ITSELF. DURING THIS STRUGGLE AT THE POOL SIDE, WHILE MY ARMS WHERE AROUND THE PASSENGER AND I WAS TRYING TO PULL HIM AWAY FROM THE BOSUN, I NOTICED THE CHIEF MATE LOOKING FROM OVER BY THE RAIL ON THE PORT SIDE. I REMEMBER THINKING THAT I WOULD PROBABLY BE IN TROUBLE BECAUSE I HAD MY ARMS AROUND THIS PASSENGER AND WE WHERE MAKING QUITE A BIT OF NOISE, THE PASSENGER AND MYSELF. THE CHIEF MATE DID NOT APPROACH OR ASK WHAT HAD HAPPENED. AT THIS POINT THE DAY MATE APPROACHED FROM THE STBD SIDE BUT DID NOT SEE WHAT HAPPEND. I NOTICED THE WAITER IN THE BAR LOOKING AT US WHEN IT WAS OVER BUT I WAS NOT SURE IF HE SAW WHAT HAPPENED EITHER. IT WAS LATER THAT I FOUND OUT THE WAITER WAS TOLD TO "WATCH THIS" WHEN THE PASSENGER CAME OUT OF THE BAR AND APPROACHED BRUCE. I HAD NEVER TALKED TO OR SEEN THIS PASSENGER BEFORE OR AFTER THIS INCIDENT OCCURRED. SINAll"y BARR FULLER. .r c4merican 45awaii cruises 09/1 1/97 From: Chief Mate To: Master, S. S. INDEPENDENCE Subj: COMPLAINT BY A.B. BRUCE PERRY, SHIP'S BO'S'N Ref: (a) Mr. Perry's letter of 8 September, 1997 1. In the reference letter Mr. Perry alleges that he was assaulted by a passenger while in the performance of his duties and that his requests for assistance to identify the passenger and to gather information for the possible use in filing a formal report have gone unheeded. 2. At the time and on the day in question I was re-reaving line on the blue protective curtain by liferaft davit 12 . 3. While working on the curtain I heard some type of ruckus and I believe the words "I'm going to throw you in" or something in that same general context. As stated above, I was working with my back to the pool, and upon hearing the noise, I took a quick glance over my shoulder and saw what appeared to a male passenger by the far side of the pool holding something in his arms. What I saw appeared to be general horse play between passengers of the type often found around swimming pools. I did not know the individual was holding Mr. Perry by the legs. I did not sense any type of distress and after my initial glance over to see the source of the noise I returned to the task at hand. 4. It was not until some time later, I do not remember exactly when, while I was standing reviewing the just completed work with the Day Mate, Mr. Chris Fraser, that Mr. Perry joined us and said "Hey, did you see that or can you believe that a passenger grabbed me and tried to throw me into the pool" or words to that effect. He continued by saying the passenger had stretched an old operation that was sore, and he lifted his shirt to show us his scar tissue on his stomach. Mr. Perry's attitude appeared to be somewhat irritated but not mad, angry, unduly upset, or irate. He did not mention that he wanted to file a complaint, he did not say he was hurt other than sore, nor did he ask for any assistance in obtaining the passenger's name or request any type of statement as a potential witness or my assistance in gathering other statements from potential witnesses. It appeared to me that he was more interested in telling us what happened than anything else. 5. Saturday morning, after the majority of the passengers had departed the ship, Mr. Perry passed me on one of the starboard side weather decks and in passing, stopped and mentioned that he was thinking about filing charges against the passenger. I asked how he planned on identifying the passenger. Mr. Perry's replied that he thought the bartender could identify the passenger in question. That was the extent of our conversation and he continued on his way. Again, Mr. Perry did not ask my assistance or in anyway indicate he wanted any help. He had a plan for identifying the passenger, and that was by talking to the bartender. 6.. At no time during the two short conversations where the subject was discussed did Mr. Perry ask for any assistance of any type in obtaining the passenger's name, in obtaining possible witness statements, or to assist him in any other possible way. It was not until someone left Mr. Perry's statement on my desk after normal work hours on Monday, 9 September, 1997 that I learned that Mr. Perry took the matter more seriously than his attitude or manner implied. I immediately called the Hotel Director to request statements from the bartender on duty at the time and from the Cocktail Server referenced in Mr. Perry's letter. I also requested statements from the Boatswain's Mate, Mr. Barry Fuller, who was with Mr. Perry when the incident took place, from Mrs. Lynne Klienschmidt, Human Resources, with whom Mr. Perry had a casual conversation regarding the incident, and from the Day Mate, Mr. Fraser, who was with me when Mr. Perry first told me about the incident. e~l William W. Radican Chief Officer S.S. INDEPENDENCE cc: Scott Higashi Human Resources Slu Mr. Bruce Perry TO : CAPTAIN ZARYNOFF M1Q FROM : FIRST MATE FRASER RE: ALLEGED INCIDENT INVOLVING THE BOSUN AND AN UNKNOWN PASSENGER ON SEPTEMBER 3 AT APPROXIMATELY" 1400 HOURS ON VOYAGE 893 THERE WERE TWO SEAMANSHIP JOBS BROUGHT TO MY ATTENTION BY CHIEF OFFICER RADICAN. THE FIRST JOB INVOLVED A PASSENGER COMPLAINT THAT THERE WERE ONE OR TWO SCREW'S STICKING UP ON ONE OF THE POOL LADDER TREADS. APPARENTLY THE CHIEF OFFICER ASKED THE BOSUN TO RECTIFY THIS PROBLEM PRIOR TO MY ARRIVAL AT THE POOL. THE OTHER SEAMANSHIP JOB INVOLVED THE RE-REEVING OF A SYNTHETIC BLUE DODGER MADE FAST TO A LIFERAFT EMBARCATION RIL. THIS DODGER ALLOWS THE PASSENGERS TO PLAY SHUFFLEBOARD WITHOUT THE PLASTIC DISCS BEING LOST OVER THE SIDE IF SHOT AT? CERTAIN ANGLE. IN ORDER TO ENSURE THE COSMETIC APPEARANCE AS WELL AS FUNCTIONAL INTEGRITY DURING SAFETY DRILLS; THE CHIEF MATE AND I WERE RIGGING THE LINE OURSELVES, THE CHIEF MATE HAD COMPLETED SEVENTY FIVE PERCENT OF THE JOB WHEN I ARRIVED FROM COMPLETING ANOTHER JOB BELOW DECKS. THE CHIEF MATE AND I BEGAN A TRIAL AND ERROR SELECTION PROCESS OF DETERMINING HOW TO BEST SECURE THE BITTER END OF THE LINE TO ALLOW UNIMPEDED ASSESS TO THE SPACE DURING A POTENTIAL EVACUATION WHEN THE BOSUN SUDDENLY APPEARED, BOSUN PERRY WAS RUBBING HIS SIDE AND SAID WORDS TO THE EFFECT THAT A PASSENGER HAD PICKED UP HIS LEGS WHILE HE WAS LYING PRONE BY THE POOL FIXING THE LADDER TREAD. BOTH THE CHIEF MATE AND I LOOKED AT HIM AND EACHOTHER TRYING TO GRASP A CLEARER UNDERSTANDING OF THE SITUATION. AT ONE POINT I RECALL BOSUN PERRY" SMILING WHILE HE SAID WORDS TO THE EFFECT OF "HE JUST PICKED UP MY LEGS-CAN YOU BELIEVE THAT?" THIS INCIDENT OCCURRED BEFORE I .ARRIVED TO HELP THE CHIEF MATE WORK ON THE DODGER. BOSUN PERRY DID NOT ASK TO SEE THE DOCTOR OR THE NURSE NOR DID HE IMPLY ANY DEGREE OF SEVERITY IN TELLING THE INCIDENT. HE SEEMED AQORE SURPRISED THAN ANYTHING ELSE. AT NO TIME DID HE ASK ME FOR ASSISTANCE IN IDENTIFYING THE PASSENGER AND IN FACT DID NOT EVEN SEEM INTERESTED IN PURSUING THE INCIDENT HIMSELF. TO THE BEST OF MY KNOWLEDGE THE BOSUN ,\-LADE NO EFFORT TO IDENTIFY THE PASSENGER DURING THE REMAINDER OF THE VOYAGE. THE BOSUN DID NOT EVEN MENTION THE INCIDENT TO ME AGAIN UNTIL THE FOLLOWING VOYAGE. EVEN THEN IT WAS A VERY CAVALIER MENTION IN PASSING WITHOUT FORMAL COMPLAINT OR PAPERWORK OF ANY KIND. I DID NOT WITNESS THIS INCIDENT NOR WAS I ASKED FOR ANY FURTHER INVOLVEMENT IN IT. Gv, )OHNFAY l- - - EXECUTIVE VICE PRESIDENT 1 DAVID HEINDEL SECRETARY-TREASURER AUGUSTINTELLEZ I VIE PRESIDENT AFFILIATED WITH THE SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA • AFLCIO IACRCAFFEY VIE PRESIDENT DEANCORGEY ;g.. VIE PRESIDENT l SEAFARERS INTERNATIONAL UNION °E° EPREIDENTEY BYRO ICE KELLEY" ATLANTIC GULF LAKES AND INLAND WATERS DISTRICT V « w- VICE NKELNT v ROY A. n1ERCER VICE PRESIDENT 606 KALIHI STREET HONOLULU, HAWAII 96819 (808) 845.5222 - Awl' STEVEEDNEY UIW NATIONAL r:U. CTOR Mr. James Nobles, Executive Vice President American Hawaii Cruises 2100 N. Nimitz Highway Honolulu, Hawaii 96819 September 12, 1997 Dear Mr. Nobles, On Thursday, 9-4-97, while the SS INDEPENDENCE was anchored at Hilo, Hawaii, SIU member Bruce Perry was attacked by an apparently intoxicated passenger. While Mr. Perry was performing a work assignment, the passenger emerged from a bar area, grabbed Mr. Perry by his legs, and attempted to throw Mr. Perry into the pool. The Bosun Mate, Mr. Barry Fuller, attempted to restrain the passenger. Mr. Fuller states that the Chief Mate was nearby, made eye contact with Mr. Fuller during the incident, but did not come to Mr. Perry's assistance. Mr. Perry filed an incident report and reported to the ship's physician because he may have sustained an injury. When Mr. Perry reported the incident to the Chief Mate, the Chief Mate denied being a witness to the incident. The Chief Mate later told Mr. Perry he thought "you guys were just horsing around." The members of the union's bargaining unit have an expectation that when accosted by a passenger, apparently intoxicated, and in the presence of an officer, that the officer will intervene in the situation. Mr. Perry and Mr. Fuller are responsible employees, but handling such a potentially dangerous incident Should not have been left to their discretion when a responsible officer was present. The Union will monitor the company's investigation and resolution of this incident. We urge your personal attention to this matter. Sincerely, J Neil Dietz, Port Agent CC. Augie Tellez qM