HomeMy WebLinkAboutCOM 0446.003 2008-2010
W
1 T" t z xaa c~. s _
D 1 i A, ch I-,r c i SIau,, atet
M a, a tac .10"af.'.I a I e n e Rev, Nl.Mc-. It 0g u:=. c: tlc
Kai o a Lcl is Vernon naele tir.
P0. 207,- 10896 Hil a,l L 803 938-0644
Pe--c G,vaji(Igmail.~;om v' , , s -Yai.l~nre,o~r ~
a~ z aJ
Summary of Documents Tabled
Hawaii County Council Committee
on Public Safety and Parks and Recreation
Sheraton Keahou Bay Resort and Spa
10/6/ 2009 C 1 PM
Three part testimony submitted by Board Members of Peaceful Sky Alliance.
L Summary of areas where County of Hawaii is in Compliance and Where County is not yet in
compliance. Summary also of violations of Lowest Law Enforcement Priority of Cannabis
Ordinance.
2. Testimony concerning illegal expenditure of public funds for illegal "search or seizure of property"
using helicopters.
3. Testimony concerning the matter of Hawaii County Police Department Vice Section violations
because of `pulling' plants from patches of fewer than 24 plants on private property.
A copy of Lowest Law Enforcement Priority of Cannabis Ordinance as it is
written in the Hawaii County Code ( § 14-96 et seq).
2 copies of letters from the Office of The County Clerk, Hawaii County that were required by
the law to be sent to Federal, State and Local elected officials. Letters notify them of a request
in the Ordinance that " Cannabis Policies here within the County of Hawaii be dealt with from
our local reinforcement only" 14-103 NOTIFICATION OF LOCAL, STATE, AND FEDERAL
OFFICIALS)
• President Barack Obama
• Mayor William P. Kenoi
Comm, No.
Ref. To:
Ref. Date 0 T 0 G 2009
Peaceful sky, allian;:e is a pan profit or;~anizaticn incrrpcsrated in the State of Hawaii,
PEACEFUL SKY ALLIANCE
Hoard of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Ireasurer
Gaorge Graywol€ Mare Devaki Marc Andrea 'Iischler Rev, Kcnny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o 1-chua Vernon Kanaelc Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
~eace~ulskyhawaiit~gmail.co~~ ~ativw.peacr;:}ittskyalliaii~e.or~
Written Testimony submitted by Peaceful Sky Alliance PART # 1
Hawaii County Council Committee on Public Safety and Parks and Recreation
Sheraton Keahou Bay Resort and Spa
10/6/ 2009 @ IPM.
Aloha, I am testifying on behalf of Peaceful Sky Alliance. I am a board member of
Peaceful Sky Alliance and I have a prepared statement to enter into the record of this
Council.
The Lowest Law Enforcement Priority of Cannabis Ordinance was a ballot measure passed
by 35,000 voters. It is now law in the County of Hawaii. The Peaceful Sky Alliance is a
citizens' advocacy organization dedicated to community oversight, assisting the County in
the implementation of this ordinance.
We are providing copies of correspondence sent by registered mail to Council. In total
there are 26 letters sent to Council and Officials concerning compliance with and violations
to the ordinance also known as Chapter 14, Article 16 of Hawaii County Code. To date we
have not received a reply from Council or any County Officials.
We are placing on public record testimony concerning marijuana eradication programs in
Hawaii County with a summary of the wavs the County is in compliance:
1. The Office of the County Clerk fulfilled the requirement of Section 14-103 with
appropriate correspondence generated from his office.
2. Police Chief Harry Kubojiri attempted to fulfill the requirement of Section 14-102. It
must be noted however that his two page report was missing content required by the
ordinance.
3. As far as we are aware, no arrests were made by Hawaii County Police Department
for `adult personal use' as defined by the ordinance of Cannabis since election day.
Among the Violations of the Ordinance by the Hawaii County Police Department are
the following:
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII.
~I,,
Grievance procedures„ for the public were required to be established by Hawaii
County Council and the Police Department in a timely manner according to Section 14-
102 and have not been established.
2. The use of other police personnel for the purposes of mar~uana eradication from
outside jurisdictions and agencies has been illegal since November 5th of 2008 and this
provision has been violated.
3. Involving the Hawaii National Guard in marijuana eradication missions violates the
spirit of Posse Comitatus which forbids military involvement in domestic law
enforcement.
4. Illegal funding was used for these programs. By county ordinance it is now forbidden
that the county accept any funds for any mar~uana eradication program.
Ilegal search and seizure without probable cause is unconstitutional.
Helicopters are a "public nuisance" and constitute "cruel and unusual punishment" of
residents without a trial. All Hawaii residents have constitutional rights to "privacy and
quiet enjoyment of private property." Including medical marijuana patients have these
rights ensured by the Lowest Law Enforcement Priority of Cannabis Ordinance.
You have received correspondence from Peaceful Sky Alliance requesting an emergency
moratorium on all maryuana eradication operations and to date we have not received a.
response.
We now demand an immediate moratorium of all police helicopter flights for the County
of Hawaii. Such a moratorium is required because you, the County Council have
unfulfilled obligations to uphold your sworn duties to protect the public good as required
by our Constitution and the ordinance; Lowest Law Enforcement Priority of Cannabis for
Hawaii County.
Thank you.
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORA-I-EID ml THE STATE OF HAWAII.
ro
PEACEFUL SKY ALLIANCE
1
y Board of Directors
.Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Kiare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii@gmail.com www.peacefulskyalliance.org
Written Testimony submitted by Peaceful Sky Alliance PART # 2
Hawaii County Council Committee on Public Safety and Parks and Recreation
Sheraton Keahou Bay Resort and Spa
10/6/ 2009 @ 1 PM.
Aloha, I am testifying on behalf of Peaceful Sky Alliance. I am a board member of
Peaceful Sky Alliance and I have a prepared statement to enter into the record of this
Council.
This testimony concerns: Illegal expenditure of public funds for illegal "search or
seizure of property" usine helicopters.
We wish to remind you that helicopter flights for the purpose of surveillance of
American citizens is unlawful.
According to Article 5 of the Hawaii State Constitution and the Fourth
Amendment of the U.S. Constitution it states that;
The right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches, seizures, and invasions of privacy shall
not be violated and no warrants shall issue but upon probable cause,
supported by oath and affirmation, particularly describing the place to be
searched and the persons or things to be seized.
We object to the "Counter Cannabis" r operations of August involving helicopters and
Hawaii County Police on the grounds that they are illegal and in violation of Ch. 14
Article 16.
Hawaii County Code section 14-101 states that:
Neither the Hawaii County Council, nor the Police Commissioner, nor the
Chief of Police, nor any attorneys prosecuting on behalf of the County of
Hawaii, nor any associated law enforcement staff, deputies, or officers shall
spend or authorize the expenditure of any public funds.for the investigation,
arrest, or prosecution of any person, nor for the search or seizure of any
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII.
property in a manner inconsistent with the Lowest Law Enforcement
Priority.
The words "in a manner inconsistent with Lowest Law Enforcement Priority " speak to
the fact that expenditure of County resources on any search and seizure by helicopter is
now inconsistent with the Lowest Law Enforcement Priority of Cannabis Ordinance
because it requires the expenditure of public funds for the purposes of marijuana
eradication. For this reason all marijuana eradication programs in the County of
Hawaii should be stopped immediately.
You have received correspondence from Peaceful Sky Alliance requesting that the
Hawaii County Council, hold a hearing to declare an emergency moratorium on all
marijuana eradication operations and to date we have not received a response.
We now demand an immediate moratorium be declared in the County of Hawaii. Such
a moratorium is required because you, the County Council has obligations to fulfill
your sworn duties to protect the public good as required by our Constitution and the
ordinance of Lowest Law Enforcement Priority of Cannabis in Hawaii County.
Thank you.
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII.
. PEACEFUL, SKY ALLIANCE
Board of Directors
TT Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore 'treasurer
George Graywolf Klare Dcvaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii@gmail.com www.peacefulskyalliance.org
Written Testimony submitted by Peaceful Sky Alliance PART #3
Hawaii County Council Committee on Public Safety and Parks and Recreation
Sheraton Keahou Bay Resort and Spa
10/6/ 2009 @ 1 PM.
Aloha, I am testifying on behalf of Peaceful Sky Alliance. I am a board member of
Peaceful Sky Alliance and I have a prepared statement to enter into the record of this
Council.
The testimony I am about to place on public record concerns the matter that`
Hawaii County Police Department Vice Section is in violation because of `pulling'
plants from patches of 24 plants on private property.
In addition to the illegal nature of the helicopter flights in August because of illegal
funding and the involvement of County police and other enforcement agencies, we object
to the statements made in Hawaii Tribune Herald on 9/20/2009 regarding helicopter
missions conducted by Hawaii County Police Department.
According to Section 14-103, it is requested in the ordinance that Cannabis policy in the
County of Hawaii be handled by our local law enforcement only."
The fact that Lt. Sherlock stated that " Honolulu and Maui police, federal Drug
Enforcement Administration, the Hawaii National Guard (and) Hawaii Volcanoes
National Park rangers assisted Big Island police in East Hawaii." during recent
marijuana eradication missions is an admission of the illegal nature of this marijuana
eradication program presently being conducted by the Hawaii Police Department.
We submit that involving the Hawaii National Guard in marijuana eradication missions
violates the spirit of Posse Camitatus'.
We also note that if true, the Hawaii Tribune-Herald story of 9/20 presents at least 8
separate instances of violations/. Reports from Chief Harry Kubojiri. to Chair `J'
Yoshimoto dated September 3rd reveal that: "...uprooting done in August included
four pulls of fewer than 24 plants from patches on private property:' The statistics
PEACEFUL SKY ALLIANCE IS A NONPROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII.
provided by Chief Kubojiri are admissions of serial violations that are now on public
record.
Given that Council Chairman Mr. Yoshimoto has now been specifically notified of these
violations of the ordinance, it follows that County Council will address these violations
immediately as a matter of urgent Council business.
You have received correspondence from Peaceful Sky Alliance requesting that the Hawaii
County Council hold a hearing to declare an emergency moratorium on all marijuana
eradication operations and to date we have not received a response.
We now demand an immediate moratorium be declared in the County of Hawaii. Such a
moratorium is required because you, the County Council has obligations to fulfill your
sworn duties to protect the public good as required by our Constitution and the ordinance
of Lowest Law Enforcement Priority of Cannabis in Hawaii County.
Thank you.
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII
I ^KENNETH G. GOODENOW ~Y pi M RODNEY OSHIRO
County Clerk Co.• Deputy County Clerk
n ~Y, 1II~/~l
Mailing A ddress: (Former County Building Business Address:
25 Aupuni Street 333 KFlauea Avenue, Second Floor
Hilo, Hawaii 96720 Ben Franklin Building
County of Hawai `Z Hilo, Hawaii 96720
Office of the County Clerk
Telephone: (808) 961-8255 Facsimile: (808) 961-8912
May 26, 2009
Honorable Barack Obama
President of the United States
1600 Pennsylvania Ave NW
Washington D.C. 20500
Dear President Barack Obama:
I am sending this letter in compliance with Ordinance 08-181 section 9. This letter
shall state; "The citizens of the County of Hawaii have passed an initiative to make cannabis
offenses the Lowest Law Enforcement Priority, where the Cannabis is intended for adult
personal use; and request that the federal and state branches of government remove criminal
penalties for the cultivation, possession and use of cannabis for adult personal use; the citizens
also request that cannabis policies here within the County of Hawaii be dealt with from our local
law enforcement only." I also enclosed a copy of Ordinance 08-181.
Thank you, if you have any questions or if I can be of further assistance do not hesitate to contact
me.
Mahalo,
Kenneth G. Goodenow
County Clerk
Hawaii County Council
Serving the Interests of the People of Our Island
Hawai 'i County is an Equal Opportunity Provider and Employer
KENNETH G. GOODENOW ~tv p~ N~ RODNEY OSHIRO
County Clerk ~o~•~y Deputy County Clerk
Mailing Address: •irti,:•:
(Former County Building) >E of'MrN* Business Address:
25 Aupuni Street 333 Kilauea Avenue, Second Floor
Hilo, Hawaii 96720 Ben Franklin Building
County of Hawai `Z Hilo, Hawaii 96720
Office of the County Clerk
Telephone: (808) 961-8255 Facsimile: (808) 961-8912
May 26, 2009
Honorable Billy Kenoi
891 Ululani Street
Hilo, Hawaii 96720
Dear Mayor Billy Kenoi:
I am sending this letter in compliance with Ordinance 08-181 section 9. This letter
shall state; "The citizens of the County of Hawaii have passed an initiative to make cannabis
offenses the Lowest Law Enforcement Priority, where the Cannabis is intended for adult
personal use; and request that the federal and state branches of government remove criminal
penalties for the cultivation, possession and use of cannabis for adult personal use; the citizens
also request that cannabis policies here within the County of Hawaii be dealt with from our local
law enforcement only." I also enclosed a copy of Ordinance 08-181.
Thank you, if you have any questions or if I can be of further assistance do not hesitate to contact
me.
Mahalo,
~c
Kenneth G. Goodenow
County Clerk
Hawaii County Council
Serving the Interests of the People of Our Island
Hawai'i County is an Equal Opportunity Provider and Employer
1 r
Article 16. Lowest Law Enforcement Priority of Cannabis Ordinance.
Section 14-96. Purpose.
The purpose of this article is to:
(1) Provide law enforcement more time and resources to focus on serious crimes;
(2) Allow our court systems to run more efficiently;
(3) Create space in our prisons to hold serious criminals;
(4) Save taxpayers money and provide more funding for necessities such as education and health care;
and
(5) Reduce the fear of prosecution and the stigma of criminality from non-violent citizens who
harmlessly cultivate and/or use cannabis for personal, medicinal, religious, and recreational purposes.
(2008, Ord. No. 08-181, sec. 2.) 14-96
Section 14-97. Findings.
(a) The Institute of Medicine has found that cannabis (marijuana) has medicinal value and is not a
gateway
drug.
(b) According to the U.S. Centers for Disease Control, the use of cannabis (marijuana) directly results in
zero deaths per year.
(c) According to the National Institute of Drug Abuse (NIDA), the marijuana eradication program has
not stopped cannabis cultivation in the county, rather the program has only decreased the availability of
the plant, which increases its "street" value, resulting in more crime.
(d) The National Institute of Drug Abuse (NIDA) also reported that a large increase of the use of
methamphetamine, crack cocaine, and other hard drugs was related to the marijuana eradication
program's implementation.
(e) According to public record, the `mandatory program review' for the marijuana eradication program,
required by section 3-16. of the County Charter to be performed at least once every four years, has never
been performed in the thirty years that the program has existed.
(f) Law abiding adults are being arrested and imprisoned for nonviolent,cannabis offenses, clogging our
court dockets, overcrowding our prisons, tying up valuable law enforcement resources and costing
taxpayers hundreds of thousands of dollars in Hawaii County alone each year.
(g) The citizens of the Cities of Hailey, Idaho; Denver, Colorado; Seattle, Washington; Columbia,
Missouri; Eureka Springs, Arkansas and Santa Barbara, Oakland, Santa Monica and Santa Cruz, in
California, and the citizens of Missoula County, Montana, all voted for cannabis (marijuana) to be
placed as law enforcement's lowest priority within the past five years.
(2008, Ord. No. 08-181, sec. 3.) 14-97
Section 14-98. Definitions.
"Adult" means any individual who is twenty one years of age or older.
"Adult personal use" means the use of cannabis on private property by adults. It does not include:
(1) Distribution or sale of cannabis;
(2) Distribution, sale, cultivation, or use of cannabis on public property;
(3) Driving under the influence; or
(4) The commercial trafficking of cannabis, or the possession of amounts of cannabis in excess of the
amounts defined as being appropriate for adult personal use.. "Marijuana", (as defined in the Hawaii
Revised Statutes of Chapter 712-1240) means cannabis.
"Cannabis" means all parts of the cannabis plant, whether growing or not; the seeds thereof; the resin
extracted from any part of the cannabis plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or its resin. "Lowest Law Enforcement Priority" means a
priority such that all law enforcement activities related to all offenses other than the possession or
cultivation of cannabis for adult personal use shall be a higher priority than all law enforcement activities
related to the adult personal use of cannabis. The Lowest Law Enforcement. Priority regarding
possession or cultivation of cannabis shall apply to any single case involving twenty four or fewer
cannabis plants at any stage of maturity or the equivalent in dried cannabis, where the cannabis was
intended for adult personal use. The "dried equivalent" of twenty four or fewer cannabis plants shall be
presumed to be twenty four or fewer ounces of usable cannabis, excluding stems and other non active
parts. A greater amount may also fall under the Lowest Law Enforcement Priority provisions described
herein if such amount is shown by competent evidence to be no more than the dried equivalent of
twenty four plants.
(2008, Ord. No. 08-181, sec. 4.) 14-98
Section 14-99. Lowest law enforcement priority policy relating to the adult personal use of
cannabis.
(a) The cultivation, possession and use for adult personal use of cannabis shall be the Lowest Law
Enforcement Priority for law enforcement agencies in the county.
(b) The council, the police commissioner, the chief of police and all associated law enforcement staff,
deputies, officers and any attorney prosecuting on behalf of the county shall make law enforcement
activity relating to cannabis offenses, where the cannabis was intended for adult personal use, their
Lowest Law Enforcement Priority. Law enforcement activities relating to cannabis offenses include but
are not limited to the prosecution of cannabis offenses involving only the adult personal use of cannabis.
(c) Neither the chief of police, the police commissioner, nor any attorney prosecuting on behalf of the
county, nor any associated law enforcement staff, deputies, nor officers shall seek, accept or renew any
formal or informal deputization or commissioning by a federal law enforcement agency for the purpose
of investigating, citing, or arresting adults, nor for searching or seizing property from adults for
cannabis offenses subject to the Lowest Law Enforcement Priority of cannabis where such-activities
would be in violation of that policy, nor shall such authorities exercise such powers that may be
ancillary to deputization or commissioning for another purpose.
(d) The council shall not authorize the acceptance or the issuing of any funding that is intended be used
to investigate, cite, arrest, prosecute, search or seize property from adults for cannabis offenses in a
manner inconsistent with the county's Lowest Law Enforcement Priority policy.
(2008, Ord. No. 08-181, sec. 5.) 14-99
Section 14-100. County prosecuting attorneys.
To the full extent allowed by the Constitution of the State of Hawaii, the people; through their county
government, request that neither the county prosecuting attorney nor any attorney prosecuting on behalf
of the county shall prosecute any violations of the sections of chapter 712-1240 of the Hawaii Revised
i
s
Statutes regarding possession or cultivation of cannabis in a manner inconsistent with the Lowest Law
Enforcement Priority, as described in section 14-98 and 14-99 of this article; in cases where the amount
possessed or grown is less than twenty four plants or the dried equivalent, possession for adult personal
use shall be presumed.
(2008, Ord. No. 08-181, sec. 6.) 14-100
Section 14-101. Expenditure of funds for cannabis enforcement.
(a) Neither the council, nor the police commissioner, nor the chief of police, nor any attorneys
prosecuting on behalf of the county, nor any associated law enforcement staff, deputies, or officers shall
spend or authorize the expenditure of any public funds for the investigation, arrest, or prosecution of
any person, nor for the search or seizure of any property in a manner inconsistent with the Lowest Law
Enforcement Priority as defined in section 14-98 and 14-99 of this article.
(b) The council shall not support the acceptance of any funds for the marijuana eradication program.
(2008, Ord. No. 08-181, sec. 7.) 14-101
Section 14-102. Community oversight.
The council shall ensure the timely implementation of this chapter by working with the chief of police
and/or the police commissioner to:
,(1) Provide for procedures to receive grievances from individuals who believe that they were subjected to
law enforcement activity contrary to the Lowest Law Enforcement Priority of cannabis, which is
described in section 14-98 and 14-99 of this article; and..
(2) Publish a report semi-annually on the implementation of this chapter every first day of June and
every first day of December, from this day forward, with the first report being issued June 1, 2009.
These reports shall include but not be limited to: the number of all arrests, citations, property seizures,
and prosecutions for all cannabis offenses in the county, the number of complaints regarding marijuana
eradication over-flights; the breakdown of all cannabis arrests and citations by race, age, specific charge,
and classification as infraction, misdemeanor, or felony, the estimated time and money spent by the
county on law enforcement and punishment for adult cannabis offenses, and any instances of officers or
deputies assisting in state or federal enforcement of adult cannabis offenses. These reports shall be
published with the cooperation of the county prosecuting attorney, the chief of police, and all associated
law enforcement staff in providing needed data.
(2008, Ord. No. 08-181, sec. 8.) 14-102
§ 14-103 HAWAII COUNTY CODE
Section 14-103. Notification of local, state, and federal officials.
(a) After the enactment of this article, the county clerk shall send letters on an annual basis (every June
1 st of each year) to the mayor of the county, the county of Hawaii voters' Congressional Delegation,
Hawai`i's U.S. senators, the county of Hawaii voters' representatives in the Hawaii State Legislature,
the Governor of Hawaii, and the President of the United States. This letter shall state; "The citizens of
the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority, where the Cannabis is intended for adult personal use, and request that the federal
and state branches of government remove criminal penalties for the cultivation, possession and use of
Cannabis for adult personal use; the citizens also request that Cannabis policies here within the county
a
of Hawaii be dealt with from our local law enforcement only." The letters may also state, be it the will
of the county council; that according to the three year study performed by the National Institute on
Drug Abuse, more people used methamphetamine as a result of the marijuana eradication program; they
may also express that methamphetamine is a growing problem in our community and more help would
be appreciated in that area, and that the first action that would help in that area would be to end the
marijuana eradication program.
(b) This duty shall be carried out until state and federal laws are changed accordingly.
(2008, Ord. No. 08-181, sec. 9.) 14-103
Section 14-104. Statutory and constitutional interpretation.
All provisions in this article shall only be implemented to the full extent that the Constitution of the
State of Hawaii and the Hawaii Revised Statutes allows, and in the event, and only in the event, that a
court of competent jurisdiction determines that any provision in any section of this article may not be .
directed by voter initiative or by action of the council, then that specific mandatory provision only shall
be deemed advisory and expression of the will of the people that the provision shall be implemented into
law by whichever government branch or official who has the power to implement it, and that the council
shall take all actions within their power to work with those branches of government to express the will
of the people and encourage, support, and request the implementation of those provisions.
(2008, Ord. No. 08-181, sec. 10.) 14-104
Section 14-105. Severability.
In the event, and only in the event, that a court of competent jurisdiction should find one or more of the
sections, or parts of the sections of this article illegal, or any provision of this article or the application
thereof
to any person or circumstance is held invalid, the remainder of the article and the application of such
provisions to other persons or circumstances shall not be affected thereby.
(2008, Ord. No. 08-181, sec. 11.) 14-105
PEACEFUL SKY ALLIANCE
c/o PO BOX 1 273
PAHOA, H 1 96778
Att: Mr Harry Kubojiri,
Chief of Police,
Hawaii.County Police
349 Kapiolani Street, Hilo HI 96720
phone 808 961 2244
May 28, 2009
Dear Chief Kubojiri,
Please find enclosed a copy of a letter sent to all County Council Members. After a
majority passed Ballot Question #1, it is important to recognize that there are many
people in the community anticipating the release of a report from Police and The
Office of The Prosecuting Attorney regarding the implementation of `Bill 335', (the
Ordinance concerning the new Cannabis Lowest Law Enforcement Priority policy).
Also please find enclosed a copy of the report from Seattle's Marijuana Policy
Review Panel. The 7-75' program that made Cannabis the lowest law enforcement
priority in Seattle has been regarded as a success. Gil Kerlikowske. the Police Chief
who oversaw that program is now our new Drug Czar for The United States.
As stated in the ordinance, a report from Police and Prosecutions is to be presented to
County Council by June ,1, 2009.
We note that you have made a public commitment to a more `open and transparent'
Police Department with an emphasis on improving `community & police relations'
here in Hawaii County and we applaud these values you speak of. Naturally, we hope
that you will give this report due on June 1 st your attention.
We ask that you please do what you can to ensure that there is full cooperation from
all Police Department Personnel and please see to it that the report is filed with full
disclosure of all pertinent information.
Sincerely,
Wolf Daniel Braun,
Treasurer -On behalf of The Board of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
c/o PO BOX 1273
PAHOA, H 1 96778
Aft: Mr Jay Kimura
Office of the Prosecuting Attorney,
655 Kilauea Avenue, Hilo HI 96720
phone: 961 0466
May 28, 2009
Dear Mr Kimura,
Please find enclosed a copy of a letter sent to all County Council Members. After a
majority passed Ballot Question #1, it is important to recognize that there are many
people in the community anticipating the release of a report from Police and The
Office of The Prosecuting Attorney regarding the implementation of `Bill 335', (the
Ordinance concerning the new Cannabis Lowest Law Enforcement Priority policy).
Also please find enclosed a copy of the report from Seattle's Marijuana Policy
Review Panel. The 1-75 program made Cannabis the lowest law enforcement priority
and was regarded as a success. The Police Chief who oversaw that program is now
appointed as our new `Drug Czar for The United States'.
As clearly stated in the ordinance, a report from Police and Prosecutions is to be
presented to County Council on June 1.
We note that both our new Mayor and our new Police Chief have publicly made a
commitment to a more `open and transparent' county government here in Hawaii
County and we applaud these values. We can see the need for openness and
transparency as we implement the new measures as outlined in `Bill 335' making
Cannabis arrests the lowest law enforcement priority in The County of Hawaii.
Naturally, we hope that you will give this report due on June 1 st your attention.
We ask that you please do what you can to ensure that there is full cooperation from
all Personnel in your department and please see to it that the report is filed with full
disclosure of all pertinent information.
Sincerely,
Wolf Daniel Braun,
Treasurer -On behalf of The Board of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
c/o PO BOX 1 273
PAHOA, H 1 96778
Att: Lincoln Ashida
Office of Corporation Counsel
Hilo Lagoon Center,
101 Aupuni Street Suite 325 Hilo
HI 96720
phone 808 961 8251
May 28, 2009
Dear Mr Ashida,
Please find enclosed a copy of a letter sent to all County Council Members. After a
majority passed Ballot Question #1, it is important to recognize that there are many
people in the community anticipating the release of a report from Police and The
Office of The Prosecuting Attorney regarding the implementation of `Bill 335', (the
Ordinance concerning the new Cannabis Lowest Law Enforcement Priority policy).
Also please find enclosed a copy of the report from Seattle's Marijuana Policy
Review Panel. The 7--75' program that made Cannabis the lowest law enforcement
priority in Seattle has been regarded as a success. Gil Kerlikowske. the Police Chief
who oversaw that program is now our new Drug Czar for The United States.
As stated in the ordinance, a report from Police and Prosecutions is to be presented to
County Council by June 1, 2009
We note that both our new Mayor and our new Police Chief have publicly made a
commitment to a more `open and transparent' county government here in Hawaii
County and we applaud these values. We can see the need for openness and
transparency as we implement the new measures as outlined in `Bill 335' making
Cannabis arrests the lowest law enforcement priority in The County of Hawaii.
Sincerely,
Wolf Daniel Braun,
Treasurer -On behalf of The Board of Peaceful Sky Alliance
L
PEACEFUL SKY ALLIANCE
Go PO BOX 1 273
PAHOA, H 1 96778
Att: Mayor William P. Kenoi
Office of The Mayor
25 Aupuni Street, Hilo HI 96720
phone 808 961 8211
May 28, 2009
Dear Mayor Kenoi,
Please find enclosed a copy of a letter sent to all County Council Members. After a
majority passed Ballot Question #1, it is important to recognize that there are many
people in the community anticipating the release of a report from Police and The
Office of The Prosecuting Attorney regarding the implementation of `Bill 335', (the
Ordinance concerning the new Cannabis Lowest Law Enforcement Priority policy).
Also please find enclosed a copy of the report from Seattle's Marijuana Policy
Review Panel. The 7--75' program that made Cannabis the lowest law enforcement
priority in Seattle has been regarded as a success. Gil Kerlikowske. the Police Chief
who oversaw that program is now our new Drug Czar for The United States.
As stated in the ordinance, a report from Police and Prosecutions is to be presented to
County Council by June 1, 2009.
We have been hearing you make a public commitment to `open and transparent'
County government processes and we applaud these values you speak of. Naturally,
we hope that you will give this report from our Police Department and The Office of
The Prosecuting Attorney your attention. We ask that you please do what you can to
ensure that there is full cooperation from all County Personnel in this matter and
please see to it that the report is filed with full disclosure of all pertinent information.
Sincerely,
Wolf Daniel Braun,
Treasurer -On behalf of The Board of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
hoard of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Nfoore Treasurer
George Graywolf Klare Devaki Klare Andrea Tischlcr Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiPgmail.com www.peacefulskyalliance.org
September 3, 2009
Jay Kimura, Prosecutor
Office of the Prosecuting Attorney
Aupuni Center
655 Kilauea Ave
Hilo, HI 96720
RE: Chain of Correspondence with Attorney General Mark Bennett concerning Hawaii
County Ordinance 08-181
Dear Jay Kimura,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the
County of Hawaii who recently passed the `Lowest Law Enforcement Priority of Cannabis'
ordinance.
You are on public record as saying that you were unsure that Hawaii County Ordinance 08-
181, the Lowest Law Enforcement Priority of Cannabis Ordinance, lacks a legitimate basis in
law. You've also indicated that you were waiting on a legal opinion from the State Attorney
General Mark Bennett regarding these concerns.
A copy of the letter to President Barack Obama sent by the office of the Hawaii County
Clerk as required by Section 9 of H. C. O. 08-181 is enclosed .
We request that you please forward to us the chain of correspondence between Mr Bennett
and yourself on this matter. Mahalo.
Sincerely,
Wolf Daniel Braun,
President
PenCEFIIL. KV %A AAANCE I', IN Pltl~l Flf?OFIr .'R :,:i Il ~rif i•: if Jf~PiJRATEL i l Ilir :.7fAfr _)F HAWAII
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea Tischlcr Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaelc sr.
PO. Box 10896 Hilo,Hawai'i 96721 (806) 938-0644
peacefulskyhawaiiPgmail.com www.peacefulskyalliance.org
9,/3/09
Honorable Mark Bennett
Attorney General, State of Hawai'i
425 Queen Street
Honolulu, Hawai'i 96813
RE: Implementation of Lowest Law Enforcement Priority of Cannabis Ordinance 08-181
Dear Sir,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of
Hawaii who recently passed the `Lowest Law Enforcement Priority of Cannabis' Ordinance, H. C O
08-181.
The Board of Directors of the `Peaceful Sky Alliance' formally asks you for clarification of an
important matter to all of the citizens of Hawai'i County. You may know that the `Lowest Law
Enforcement Priority of Cannabis' ordinance passed on election day here by 53% of our voters. Since
that night and continuing until today we have been denied a clear recognition of the implementation of
the law by our Prosecutor Jay Kimura. Mr. Kimura has been quoted in our local newspapers on
several occasions, since the ordinance was passed into law, as waiting fora decision by you as to
whether the Office of The Prosecuting Attorney is, in fact, bound by law to comply with the
ordinance.
A copy of the letter to President Barack Obama sent by the office of the Hawaii County Clerk as
required by Section 9 of H. C.O. 08-181 is enclosed.
We request that you please forward to us the chain of correspondence from Mr. Kimura and yourself
on this matter. Mahalo.
Sincerely,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
ene: Letter from the Office of the County Clerk of Hawai'i to Mr. Barack Obama
PFACF_FUL.. SKY AI._LIANCE IS A PEON PROFIT ORGnr,nio-ri~ _
PEACEFUL SKY ALLIANCE
13oard of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore rreasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(@gmail.com www.peacefulskyalliance.org
9/3/09
Hawaii County Council
25 Aupuni Street
Hilo, Hawai'i 96720
RE: Violation of Hawaii County Ordinance 08-181, Section 9
Dear Council Chairman and Council Members,
Aloha. The Peaceful Sky Alliance is a citizens' advocacy organization in the County of
Hawaii dedicated to assisting the implementation of the Lowest Law Enforcement Priority
of Cannabis Ordinance. On August 13, 2008 Hawaii County Council adopted Resolution
710-08 and voted to approve Ballot Measure Number 1, also known as The Peaceful Sky
Initiative, in order that it could be presented to the voters of Hawaii County on election day
November 4, 2008. The voters in the County of Hawaii passed Ballot Measure Number I
with a 35,000 vote majority and Ordinance 08-181 has been the law here since November
5, 2008.
The County Council has full responsibility for oversight and implementation of Ordinance
08-181 as set out below:
The Hawaii County Council shall take all actions within their power to work with those
branches of government to express the will of the people and to encourage, support, and
request the implementation of those provisions
Section 10: STATUTORY AND CONSTITUTIONAL INTERPRETATION
Ordinance 08-181 also clearly states that:
The citizens also request that Cannabis policies here within the County of Hawaii be dealt
with from our local law enforcement only.
Section 9: NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS.
As required by law (as per Section 9) our Hawaii County Clerk has sent a letter
communicating the above to President Barack Obama and other elected officials at the
State and Federal level. We enclose a copy of said letter.
It was reported in the Hawaii Tribune-Herald on Friday August 28, 2009 that a recent
"Counter Cannabis" mission funded by the federal Drug Enforcement Administration
(DEA) involved police personnel from the departments of neighbor-islands Kauai, Maui
and Oahu/Honolulu. We believe that this is a violation of the law and requires immediate
correction by the Hawaii County Council.
2
Further, news in the same report of August 28, 2009 that these recent eradication missions
were funded through an appropriation of un-used grant money from a previous operating
budget is of great concern and warrants a full investigation.
This voter initiative has been known as `The Peaceful Sky Initiative'. There were many
people who voted -for this ordinance primarily because they were tired of having their
privacy disturbed by loud and intrusive helicopters in the `Green Harvest' programs that
have operated in Hawaii County for over 30 years. Helicopters fly directly over thousands
of homes in sub-divisions and villages at low altitudes. With the successful passage of this
ordinance, there has been an expectation that there would be zero helicopter surveillance
programs and instead, a `peaceful sky'.
By involving other police departments on eradication missions in this county, we believe
violations have occurred. This matter is of great concern to our organization and to a
majority of voters in Hawaii County and we believe it should be of great concern to you.
The intention behind the passage of Ballot Measure Number 1 clearly expressed the will of
tens of thousands of residents that the helicopter eradication flights are un-welcome and
unlawful. We request that the Hawaii County Council hold it hearing to declare an
emergency moratorium on all marijuana eradication operations in the County of Hawaii
until the County has achieved full compliance of all mandated provisions of Ordinance 08-
181.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Office of The County Clerk, Hawaii County to Barack Obama
1. 10
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore 'T'reasurer
George Graywolf Klare Devaki Klare Andrea rischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii@gmail.com www.peacefulskyalliance.org
9/3/09
Hawaii County Council
25 Aupuni Street
Hawaii HI 96720
RE. County Violation of County Ordinance 08-181 Section 8
Dear Council Chairman and Council Members,
Aloha. The Peaceful Sky Alliance is a citizens' advocacy organization in the County of
Hawaii dedicated to assisting the implementation of the Lowest Law Enforcement Priority
of Cannabis Ordinance. On August 13, 2008 Hawaii County Council adopted Resolution
710-08 and voted to approve Ballot Measure Number 1 (also known as The Peaceful Sky
Initiative) in order that it could be presented to the voters of Hawaii County on election day
November 4, 2008. The voters in the County of Hawaii passed Ballot Measure Number I
with a 35,000 vote majority and Ordinance 08-181 has been law since November 5, 2008.
The County Council has full responsibility for oversight and implementation of Ordinance
08-181 or Lowest Law Enforcement Priority of Cannabis Ordinance as set out below:
The Hawaii County Council shall take all actions within their power to work with those
branches of government to express the will of the people and to encourage, support, and
request the implementation of those provisions
Section 10. STATUTORY AND CONSTITUTIONAL INTERPRETATION
Further it states that:
The Hawaii County Council shall ensure the timely implementation of this chapter by
working with the Chief of Police and/or the Police Commissioner to;
a),provide for procedures to receive grievances from individuals who believe that they
were subjected to law enforcement activity contrary to the Lowest Law Enforcement
Priority of Cannabis. Section 8: COMMUNITY OVERSIGHT
To date there has been no procedure for grievances established. It is clear that (as per
.Section 8) Hawaii County Council has failed to comply in a timely manner with mandated
provisions of Ordinance 08-181.
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORArFo IN THE STATE OF HAWAII.
2
The Hawaii Tribune-Herald reported on August 2, 2009:
West Hawaii complaints included one from an "obviously upset" woman who told police
she fell down after helicopters flew low over her property. The woman told police she
has high blood pressure and had to take medication to calm herself before calling.
One Hawaiian Acres resident allegedly told Sherlock that he "came to Hawaii to die and is
aggravated by 'Green Harvest."' Sherlock wrote that the man told him he has medical marijuana
and it was not bothered. The report states that the man told Sherlock he has been documenting the
helicopters for seven years and has created a Web site about it. The man reportedly told Sherlock
he "does not trust cops.
These two instances reflect a chilling disregard for the well-being of Hawaii Residents and
should be reason enough to end the program. It is for this reason that a public hearing is
needed and a moratorium on helicopter flights for the purposes of eradication and
surveillance should be imposed immediately.
It appears from the newspaper report of August 2, 2009 that the Hawaii County Police
Department only `fielded' 7 calls in total with regard to a "Counter Cannabis" helicopter
program. Handling on 7 calls for the entire county does not represent a fulfillment of the
obligation to monitor this program or handle public concerns,
Hawaii residents with related grievances are currently provide only one official recourse -to
call the Vice Section of the Hawaii County Police Department. In the legal sense, the Vice
Section is the `offending agency' in these instances and this fact is an obvious `conflict of
interest' and an effective denial of due process is evident.
As a citizen advocacy organization advocating for Hawaii residents' rights under
Ordinance 08-181, we have published a phone number in all print media in Hawaii County
for residents to contact us with complaints regarding the implementation of the ordinance.
We have taken this action because the Council has, so far, failed to provide grievance
procedures. In this way, the Council has failed to comply with Ordinance 08-181 Section 8
This situation described above is an urgent matter concerning public health and safety. In
our opinion, it warrants emergency action from the Hawaii County Council Committee on
Public Works and Inter-Govermental Relations. We request immediate action be taken by
County Council `to establish procedures to receive grievances from individuals who believe
that they were subjected to law enforcement activity contrary to the Lowest Law
Enforcement Priority of Cannabis,' as per Section 8 (a) of Ordinance 08-18: COMMUNITY
OVERSIGHT.
We request that the Hawaii County Council hold a hearing to declare an emergency
moratorium on all marijuana eradication operations in the County of Hawaii until the
County has achieved full compliance of all mandated provisions of Ordinance 08-181.
Mahalo and Aloha,
Sincerely,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
Hoard of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore "rrcasurer
George Graywolf Klare Devaki Klare Andrea T'ischler Rev. Kenny Slaughter
lMegan IsaacMagdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaelc Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(Ogmail.com www.peacefulskyalliance.org
9/3/09
Kauai County Council
4396 Rice Street #206
Lihue, HI 96766
RE: Notice of Violation of Hawaii County Ordinance 08-181
Dear Kauai County Council Chair and Council Members,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of Hawaii
who passed the Lowest Law Enforcement Priority of Cannabis Ordinance in the last election.
The majority of our voting citizens, in endorsing this ordinance, have specifically requested that other police
personnel not be used in matters pertaining to "Cannabis policies." of the ordinance:
The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority, where the Cannabis is intended for adult personal use...the citizens also request that
Cannabis policies here within the county of Hawaii be dealt with from our local law enforcement only.
-Section 9, (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS) emphasis supplied
A copy of the letter sent by the Office of the Hawaii County Clerk to President Barack Obama is enclosed as
required by Section 9.
It is reported in the Hawaii Tribune-Herald of August 28, 2009 that a recent "counter cannabis eradication"
mission involved police personnel from the Kauai County Police Department. We ask you to confirm or deny
whether this occurred.
By involving other county police personnel in an eradication mission here in Hawaii County, we believe that
our Hawaii County police department and our County Council have failed to comply with the spirit and the
letter of the ordinance.
Out of respect for the ordinance and the 53% majority that passed it, we request that requests for the
deputization of Kauai County police personnel for the purposes of any form of "counter cannabis" operations
in Hawaii County be denied.
We also request that Kauai County Police Chief Darryl Perry, be instructed to cease and desist from any
further participation in Hawaii County's marijuana eradication programs.
Mahalo and Aloha,
Wolf Daniel Braun,
President
enc: Letter from Hawaii County to Barack Obama re: Section 9 HCO 08-181
{]F(]!'~~1 n t-tea . - - - -
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiggmail.com www.peacefulskyalliance.org
9/3/09
Maui County Council
200, South High Street,
Wailuku, Hawai'i 96793-2155
RE: Notice of Violation of Hawai'i County Ordinance 08-181
Dear Maui County Chairman & Council Members,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of Hawai'i who
passed the `Lowest Law Enforcement Priority of Cannabis' ordinance in the last election.
The majority of our voting citizens, in endorsing this ordinance, have specifically requested that other police
personnel not be used in matters pertaining to `Cannabis policies'. It is stated in Section 9 (NOTIFICATION OF
LOCAL, STATE, AND FEDERAL OFFICIALS) of the ordinance:
......The citizens of the County of Hawai'i have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority, where the Cannabis is intended for adult personal use...the citizens also request that
Cannabis policies here within the county of Hawai'i be dealt with from our local law enforcement only."
A copy of the letter sent by The office of the Hawai'i County Clerk to Barack Obama is enclosed as required by
Section 9.
It is reported in the Hawai 'i Tribune-Herald of August 28, 2009 that a recent `counter cannabis eradication'
mission involved police personnel from the Maui County Police Department. We ask you to confirm or deny
whether this occurred.
By involving other county police personnel in an eradication mission here in Hawai'i County, we believe that our
Hawaii County police department and our County Council have failed to comply with the spirit and the letter of the
ordinance.
Out of respect for the ordinance and the 53% majority that passed it, we request that requests for the deputization of
Maui County police personnel for the purposes of any form of `counter cannabis' operations in Hawai'i County be
denied.
We also request that Maui County Police Chief Gary Yabuta be instructed to cease and desist from any further
participation in Hawai'i County's marijuana eradication programs.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Office of fiawai'l County Clerk to President Barack Obama re HCO 08-181
PF_ACEFULSKY AI 1 IANICE- 11
n
FiT C,RG4i iiZATt(..mi INCORPOAA-rED II`d THE STATE OF H.4WAI'I.
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiPgmad.com www.peacefulskyalliance.org
9/3/09
Maui Police Commission
55 Mahalani Street
Wailuku, Maui HI 96793
RE: Violation of Hawaii County Ordinance 08-181
Dear Maui Police Commission,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of Hawaii
who passed the Lowest Law Enforcement Priority of Cannabis Ordinance in the last election.
The majority of our voting citizens; in endorsing this ordinance, have specifically requested that other police
personnel not be used in matters pertaining to "Cannabis policies." of the ordinance:
The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority, where the Cannabis is intended for adult personal use...the citizens also request that
Cannabis policies here within the county of Hawaii be dealt with from our local law enforcement only.
-Section 9, (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS) emphasis supplied
A copy of the letter sent by The Office of the Hawaii County Clerk to President Barack Obama is enclosed as
required by Section 9.
It is reported in the Hawaii Tribune-Herald of August 28, 2009 that a recent "counter cannabis eradication"
mission involved police personnel from the Maui County Police Department. We ask you to confirm or deny
whether this occurred.
By involving other county police personnel in an eradication mission here in Hawaii County, we believe that
our Hawaii County police department and our County Council have failed to comply with the spirit and the
letter of the ordinance.
Out of respect for the ordinance and the 53% majority that passed it, we request that requests for the
deputization of Maui County police personnel for the purposes of any form of "counter cannabis" operations in
Hawaii County be denied.
We also request that Maui County Police Chief Gary Yabuta, be advised to cease and desist from any further
participation in Hawaii County's marijuana eradication programs.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Hawaii County to Barack Obama re: Section 9 HCO 08-181
PEACEFUL SKY Ai_LtANCE IS A NON PROFIT ORGAN17ATIri.n1 INCO~..-vrr sl FED POR .
• iN rFi F_ ':~-FATF_ OF F-I!1 V+/r\II.
I'EAC1EF'UL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Dcvaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiPgmail.com www.peacefulskyalhance.org
9/3/09
County of Kauai Police Commission
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Llhu`e, HI 96766
RE: Violation of Hawaii County Ordinance 08-181
Dear Police Commission,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of Hawaii who recently
passed the Lowest Law Enforcement Priority of Cannabis ordinance.(H.C.0. 08-181)
We wish to register a complaint that a recent "Counter Cannabis" eradication mission in the County of Hawaii involved
police personnel from the Kauai Police Department. as reported in Hawaii Tribune-Herald, Friday August 28, 2009.
It is stated in Hawaii County Ordinance 08-181:
The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest Law Enforcement
Priority, where the Cannabis is intended for adult personal use, ....the citizens also request that Cannabis policies here
within the county of Hawaii be dealt with from our local law enforcement only.
-Section 9, (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS) -emphasis supplied
A copy of the letter sent by the Office of the Hawaii County Clerk, as required by Section 9 to President Barack Obama is
enclosed.
By involving other county Police Personnel in an eradication mission here in Hawaii County, we believe our County Police
Department and our County Council they have failed to comply with spirit and the letter of Ordinance 08-181. Hawaii
voters, in endorsing this ordinance, have requested that other police personnel not be used in matters pertaining to
'Cannabis policies' here in Hawaii County-
Out of respect for Ordinance 08-181 and the 35,000 vote majority that passed it, we request that deputization of Kauai
County Police Department personnel for the purposes of any form of "Counter Cannabis" operations in Hawaii County be
denied.
We also request that Kauai Police Chief Darryl Perry, be instructed to cease and desist from any further participation in
marijuana eradication programs in Hawaii County.
Sincerely,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Hawaii. County to Barack Obama re: Section 9 HCO 08-181
PEACEFUL SKY ALLIANCE
Board of Directors"
wolf Daniel Braun President Share e. St. Cyr Secretary .Jasper Moore "treasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(@gmail.com Www.peacefulskyalhance.org
9/3/09
Honolulu City Council
530 S. King Street #202
Honolulu HI 96813
RE: Notice of Violation of Hawaii County Ordinance 08-181
Dear Honolulu County Council Chair and Council Members,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of
Hawaii who passed the Lowest Law Enforcement Priority of Cannabis Ordinance in the last election.
The majority of our voting citizens, in endorsing this ordinance, have specifically requested that other
police personnel not be used in matters pertaining to "Cannabis policies." of the ordinance:
The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest
Law Enforcement Priority, where the Cannabis is intended for adult personal use...the citizens also
request that Cannabis policies here within the county of Hawaii be dealt with from our local
law enforcement only.
-Section 9, (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS) emphasis
supplied
A copy of the letter sent by The Office of The Hawaii County Clerk to President Barack Obama is
enclosed as required by Section 9 of the ordinance.
It is reported in the Hawaii Tribune-Herald of August 28, 2009 that a recent "counter cannabis
eradication" mission involved police personnel from the Honolulu County Police Department. We ask you
to confirm or deny whether this occurred.
By involving other county police personnel in an eradication mission here in Hawaii County, we believe
that our Hawaii County police department and our County Council have failed to comply with the spirit
and the letter of the ordinance.
Out of respect for the ordinance and the 53% majority that passed it, we request that requests for the
deputization of Honolulu Police Department personnel for the purposes of any form of "counter cannabis"
operations in Hawaii County be denied.
We also request that acting Honolulu Police Chief Paul Putzulu, be instructed to cease and desist from any
further participation in Hawaii County's marijuana eradication programs.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: letter from Office of'rhe Hawaii County Clerk to President Barack Obama re IWO 08-181
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore 'rreasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
4legan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawail 96721 (808) 938-0644
peacefuIskyhawaiipgmail.com www.peacefulskyalIiance.org
9/3/09
Honolulu Police Commission
801 South Beretania Street
Honolulu, HI 96813.
RE: Notice of Violation of Hawaii County Ordinance 08-181
Dear Honolulu Police Commission,
Aloha. The Peaceful Sky Alliance represents a majority of thirty five thousand voters in the County of
Hawaii who recently passed the Lowest Law Enforcement Priority of Cannabis Ordinance (H. C. 0. 08-181)
We wish to register a complaint that a recent `counter cannabis eradication' mission in the County of
Hawaii involved police personnel from the Honolulu Police Department as reported in Hawaii Tribune-
Herald, Friday August 28, 2009
It is stated in Ordinance 08-181:
The citizens of the County of Hawaii have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority where the Cannabis is intended for adult personal use, ....the citizens also request
that Cannabis policies here within the county of Hawaii be dealt with from our local law
enforcement only. Section 9 (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS)
A copy of the letter sent by the Office of the Hawaii County Clerk to President Barack Obama, as
required by Section 9 (NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS), is
enclosed.
By involving other county police personnel in an eradication mission here in Hawaii County, we believe
our Hawaii County Police Department and our County Council have failed to comply with the spirit and
the letter of Ordinance 08-181.
Out of respect for Ordinance 08-181 and the 35,000 vote majority that passed it, we request that
deputization of Honolulu Police Department personnel to Hawaii County for the purposes of any form of
"Counter Cannabis" operations in Hawaii County be denied.
We also request that the acting Honolulu Chief Paul Putzulu be advised to cease and desist from any
participation in Hawaii County's marijuana eradication programs.
Sincerely,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Hawaii County to Barack Obama re: Section 9 HCO 08-181
PEACEFUL KY ALLIANCE
3 o a r d of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary .129per Moore rrcasurcr
Gcor;e Graywolf Klare Devaki Klare Andrea rischler Rev. 'Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(ogmail.com vww.peacefulskyalliance.org
9/9/09
Council Chair & Council Members
Hawaii County Council
25 Aupuni Street
Hilo Hawaii 96720
RE: 9/9/09 Letter to Auditor requesting audit of Office of Prosecuting Attorney
Dear Council Chair and Council Members,
In the interests of ensuring the full compliance with HCO 08-181 on the part of the Office of
Prosecuting Attorney, we have requested an audit from the Office of the Legislative Auditor concerning
the time, resources and `manpower' currently allocated by the Office of The Prosecuting Attorney
for the prosecution of any cases currently before the Third Circuit Court of Hawaii that concern
charges for `adult persona! use' for up to 24 plants or up to 24 ounces of dried material on private
property (as described in HCO 08-181 Section 4 DEFIINITIONS).
Section 3 of HCO 08-181 states clearly the following finding:
(f) Law abiding adults are being arrested and imprisoned for nonviolent Cannabis offenses,
clogging our court dockets, overcrowding our prisons, tying up valuable law enforcement resources
and costing taxpayers hundreds of thousands of dollars in Hawaii County alone each year.
We believe that this is the reason that Section 6 of HCO 08-181 provides the following guidelines for
the Ogee of The Prosecuting Attorney:
To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county
government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on
behalf of the County of Hawaii shall prosecute any violations of the sections of Chapter 712-1240 of
the Hawaii Revised Statutes regarding possession or cultivation of Cannabis in a manner
inconsistent with the Lowest Law Enforcement Priority, as described in Section 4 and 5 of this article;
in cases where the amount possessed or grown is less than 24 (twenty four) plants or the dried equivalent,
possession for adult personal use shall be presumed. -SECTION 6 COUNTY PROSECUTING ATTORNEYS
* emphasis added
We would remind you that it is of the utmost importance that the Office of the Prosecuting Attorney is
in full compliance in order that Hawaii County is in full compliance with ordinance HCO 08-181.
1-3F_A7EF1.JL t3 K'( ALLIANCE I SA NON PROFIT OR GANIZAPON INCORPORATED IN THF_ ` -r.n TF OF HAVJ411.
As required by HCO 08-181 the first mandatory report was submitted June 1 of 2009 as determined by
the following requirement:
The Hawaii County Council shall ensure the timely implementation of this chapter by working with the
Chief of Police and/or the Police Commissioner to... (b) publish a reporting semi-annually on the
implementation of this chapter every first day of June and every first day of December, from this day
forward, with the first report being issued June 1, 2009.These reports shall include but not be limited to:
the number of all arrests, citations, property seizures, and prosecutions for all Cannabis offenses in
the county of Hawaii, the number of complaints regarding marijuana eradication over-flights; the
breakdown of all Cannabis arrests and citations by race, age, specific charge, and classification as
infraction, misdemeanor, or felony, the estimated time and money spent by the County on law
enforcement and punishment for adult Cannabis offenses, and any instances of officers or deputies
assisting in state or federal enforcement of adult Cannabis offenses. These reports shall be published with
the cooperation of the County of Hawaii's Prosecuting Attorney, the Chief of Police, and all associated law
enforcement staff in providing needed data. SECTION 8 b) COMMUNITY OVERSIGHT
The report submitted by The Hawaii County Police Department on June 1, 2009 did not include data
from the Office of the Prosecuting Attorney concerning the resources, time and money that was
allocated to prosecution of Cannabis offenses as defined by HCO 08-181 Section 4. This information is
important in order to establish that all departments of Hawaii County are in full compliance with The
Lowest Law Enforcement Priority of Cannabis Ordinance.
We have therefore also requested an audit of the Office of The Prosecuting Attorney for.the period
November 5 through June 1, 2008 with the same scope of enquiry; the time, resources and
`manpower' allocated by the Office of The Prosecuting Attorney for the prosecution of any cases
currently before the Third Circuit Court of Hawaii that concern charges for `adult personal use'
for up to 24 plants or up to 24 ounces of dried material on private property (as described in HCO
08-181 Section 4 DEFIINITIONS).
We would appreciate your timely assistance in this matter.
Mahalo and Aloha,
Wolf Daniel Braun,
President of The Peaceful Sky Alliance
ene: 9/9/09 letter to Colleen Schrandt, the Office of Legislative Auditor re Section 6 & 8b
enc: 9/9/09 letter to Jay Kimura, Office of Prosecuting Attorney re Section 6 & 8b
PEACEFUL `:K`/ AL LIANCE IS A f IOil I PROFIT CDR GA FIJI ZA-r{Of,l I P I CID RF'ORA.I"ED !f! FHE STA r E iDF
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiPgmail.com www.peacefuIskyalIiance.org
9/9/09
Office of the Legislative Auditor
c/o 25 Aupuni Street
Hilo Hawaii 96720
RE: Requirements of Section 6 & Section 8b) of HCO 08-181
Aloha Colleen Schrandt,
Section 6 of HCO 08-181 provides the following guidelines for the Office of The Prosecuting Attorney:
To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county
government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf
of the County of Hawaii shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii
Revised Statutes regarding possession or cultivation of Cannabis in a manner inconsistent with the Lowest
Law Enforcement Priority, as described in Section 4 and 5 of this article; in cases where the amount
possessed or grown is less than 24 (twenty four) plants or the dried equivalent, possession for adult
personal use shall be presumed.
SECTION 6 COUNTY PROSECUTING ATTORNEYS
In the interests of ensuring the full compliance with HCO 08-181 on the part of the Office of
Prosecuting Attorney, we wish to request an audit by your office concerning the following:
An audit of the time, resources and `manpower' currently allocated by the Office of The
Prosecuting Attorney for the prosecution of any cases currently before the Third Circuit
Court of Hawaii that concern charges for `adultpersonal use' for up to 24 plants or up to 24
ounces of dried material on private property (as described in HCO 08-181 Section 4
DEHINITIONS).
As required by HCO 08-181 the first mandatory report was submitted June 1 of 2009 as determined by
the following requirement:
The Hawaii County Council shall ensure the timely implementation of this chapter by working with the
Chief of Police and/or the Police Commissioner to... (b) publish a reporting semi-annually on the
implementation of this chapter every first day of June and every first day of December, from this day
forward, with the first report being issued June 1, 2009.These reports shall include but not be limited to:
the number of all arrests, citations, property seizures, and prosecutions for all Cannabis offenses in the
county of Hawaii, the number of complaints regarding marijuana eradication over-flights; the breakdown
of all Cannabis arrests and citations by race, age, specific charge, and classification as infraction,
misdemeanor, or felony, the estimated time and money spent by the County on law enforcement and
punishment for adult Cannabis offenses, and any instances of officers or deputies assisting in state or
federal enforcement of adult Cannabis offenses. These reports shall be published with the cooperation of
the County of Hawaii's Prosecuting Attorney, the Chief of Police, and all associated law enforcement staff
in providing needed data. SECTION 8 b) COMMUNITY OVERSIGHT
The report submitted by The Hawaii County Police Department on June 1, 2009 did not include data
from The Office of The Prosecuting Attorney concerning the resources, time and money that was
allocated to prosecution of Cannabis offenses as defined by HCO 08-181 Section 4. This information is
important in order to establish that all departments of Hawaii County are in. full compliance with The
Lowest Law Enforcement Priority of Cannabis Ordinance.
We therefore also request an audit of the Office of The Prosecuting Attorney for the period
November 5 through June 1, 2008 with the same scope of enquiry; the time, resources and
`manpower' allocated by the Office of The Prosecuting Attorney for the prosecution of any
cases currently before the Third Circuit Court of Hawaii that concern charges for `adult
personal use' for up to 24 plants or up to 24 ounces of dried material on private property
(as described in HCO 08-181 Section 4 DEMINITIONS).
We would appreciate your timely assistance in this matter.
Mahalo and Aloha,
Wolf Daniel Braun,
President of The Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
3 o a r d of Director
Wolf Daniel Braun President Share e. St. Cyr Secretary faeper Moore Treasurer
6corge Graywoif Mare Devaki Klare Andrea Tisehler Rev. Kenny Slaughter
`.Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefuiskyhawaii(a)gal ad.com www.peacefulskyalIiance.org
9/9/09
Jay Kimura, Prosecutor
Office of the Prosecuting Attorney
655 Kilauea Ave
Hilo, Hawai'i 96720
RE: Letter to Office of the Legislative Auditor re Section 6 and Section 8 b) of HCO 08-181
Aloha Mr. Jay Kimura,
Enclosed please find a letter to the Office of the Legislative Auditor requesting the
following; An audit of the time, resources and `manpower' currently allocated by the
Office of The Prosecuting Attorney for the prosecution of any cases currently before
the Third Circuit Court of Hawaii that concern charges for "adult personal use" for up
to 24 plants or up to 24 ounces of dried material on private property (as described in
HCO 08-181 --Section 4 DEFIINITIONS).
We have also requested an audit of the Office of The Prosecuting Attorney for the period
November 5 through June 1, 2008 with the same scope of inquiry; An audit of the time,
resources and `manpower' allocated by the Office of The Prosecuting Attorney for the
prosecution of any cases currently before the Third Circuit Court of Hawaii that
concern charges for "adult personal use" for up to 24 plants or up to 24 ounces of dried
material on private property (as described in HCO 08-181 --Section 4 DEFllNITIONS).
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
dnc: Letter to Office of the Legislative Auditor re Section 6 and Section 8 b) of HCO 08-181
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare. Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdaicne Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiggmad.com www.peacefulskyalliance.org
9/9/09
Office of the Legislative Auditor
c/o 25 Aupuni Street
Hilo Hawaii 96720
RE: Requirements of Section 6 & Section 8b) of HCO 08-181
Aloha Colleen Schrandt,
Section 6 of HCO 08-181 provides the following guidelines for the Office of The Prosecuting Attorney:
To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county
government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf
of the County of Hawaii shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii
Revised Statutes regarding possession or cultivation of Cannabis in a manner inconsistent with the Lowest
Law Enforcement Priority, as described in Section 4 and 5 of this article; in cases where the amount
possessed or grown is less than 24 (twenty four) plants or the dried equivalent, possession for adult
personal use shall be presumed.
SECTION 6 COUNTY PROSECUTING ATTORNEYS
In the interests of ensuring the full compliance with HCO 08-181 on the part of the Office of
Prosecuting Attorney, we wish to request an audit by your office concerning the following:
An audit of the time, resources and `manpower' currently allocated by the Office of The
Prosecuting Attorney for the prosecution of any cases currently before the Third Circuit
Court of Hawaii that concern charges for `adult personal use' for up to 24 plants or up to 24
ounces of dried material on private property (as described in HCO 08-181 Section 4
DEFITNITIONS).
As required by HCO 08-181 the first mandatory report was submitted June 1 of 2009 as determined by
the following requirement:
The Hawaii County Council shall ensure the timely implementation of this chapter by working with the
Chief of Police and/or the Police Commissioner to... (b) publish a reporting semi-annually on the
implementation of this chapter every first day of June and every first day of December, from this day
forward, with the first report being issued June 1, 2009.These reports shall include but not be limited to:
the number of all arrests, citations, property seizures, and prosecutions for all Cannabis offenses in the
county of Hawaii, the number of complaints regarding marijuana eradication over-flights; the breakdown
of all Cannabis arrests and citations by race, age, specific charge, and classification as. infraction,
misdemeanor, or felony, the estimated time and money spent by the County on law enforcement and
punishment for adult Cannabis offenses, and any instances of officers or deputies assisting in state or
federal enforcement of adult Cannabis offenses. These reports shall be published with the cooperation of
the County of Hawaii's Prosecuting Attorney, the Chief of Police, and all associated law enforcement staff
in providing needed data. SECTION 8 b) COMMUNITY OVERSIGHT
The report submitted by The Hawaii County Police Department on June 1, 2009 did not include data
from The Office of The Prosecuting Attorney concerning the resources, time and money that was
allocated to prosecution of Cannabis offenses as defined by HCO 08-181 Section 4. This information is
important in order to establish that all departments of Hawaii County are in full compliance with The
Lowest Law Enforcement Priority of Cannabis Ordinance.
We therefore also request an audit of the Office of The Prosecuting Attorney for the period
November 5 through June 1, 2008 with the same scope of enquiry; the time, resources and
`manpower' allocated by the Office of The Prosecuting Attorney for the prosecution of any
cases currently before the Third Circuit Court of Hawaii that concern charges for `adult
personal use' for up to 24 plants or up to 24 ounces of dried material on private property
(as described in HCO 08-181 Section 4 DEFIINITIONS).
We would appreciate your timely assistance in this matter.
Mahalo and Aloha,
Wolf Daniel Braun,
President of The Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE
Board of llirectori
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore rreasurer
George Graywolf Klare Devaki Klare Andrea Tischier Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy klarris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
P0. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(a-)gmaiLcom www.peacefulskyalliance.org
9/9/09
Mr. Harry Kuboj iri,
Chief of Police
Hawai'i Police Department.
349 Kapiolani Street
Hilo, Hawai'i 96720
RE: Notification of Non Compliance HCO 08-181, Section 9
Dear Chief Harry Kubojiri,
Aloha. It is reported in the Hawai'i Tribune-Herald on Friday August 28, 2009 that a recent "Counter
Cannabis marijuana eradication" mission here in Hawai'i County involved police personnel from the
Police Departments of Kauai, Maui and Honolulu.
The voters in the County of Hawai'i, by passing this ordinance, have requested the following:
The citizens of the County of Hawai'i have passed an initiative to make Cannabis offenses the Lowest Law
Enforcement Priority, where the Cannabis. is intended for adult personal use, ....the citizens also request
that Cannabis policies here within the county of Hawaii be dealt with from our local law
enforcement only. -Section 9 NOTIFICATION OF LOCAL, STATE AND FEDERAL OFFICIALS
As you may already be aware, our Hawai'i County Clerk, Mr. Kenneth Goodenow, is required by law,
as set out in Section 9, to send a letter communicating the above to The Office of President Obama,
and federal and state elected representatives and Mayor Billy Kenoi on an annual basis. We have been
provided with copies of these letters by the Office of The Hawai'i County Clerk. Copies of the letters
from Mr Goodenow to President Obama and to Mr. Billy Kenoi are enclosed.
The initiative is known in the community as "The Peaceful Sky Initiative." With the successful passage
of this ordinance, November 5, 2009, by 35,000 votes, there has been an expectation in the community
that there would be no more helicopter surveillance by county police. You are certainly aware that
there were many people who voted for this ordinance primarily because they were tired of having their
privacy disturbed by loud and intrusive helicopters in the "Green Harvest" program. Naturally, the
news that neighbor island police are being deputized for this purpose is a disappointment to many
residents.
By involving other county police departments in eradication missions here in Hawai'i County, we
believe our County has not honored the intention of the ordinance and we wish to call this matter to
your attention as it is of great concern to our organization and a majority of voters in flawai'i County.
2
Hawai'i County has received notice from Peaceful Sky Alliance that they are in violation of HCO 08-
181 Section 9. A copy of this letter is enclosed.
We have contacted the Councils of the neighbor islands: Kauai, Maui and the City Council. of
Honolulu to request that, out of respect for the wishes of the voters of Hawai'i County and in order to
comply with requirements of Hawai'i County Ordinance 08-181, it is no longer appropriate that any
police personnel be deputized for the "purposes of any manner of cannabis eradication program in
Hawai'i County."
We have also contacted the Police Commissions of Maui, Kauai and Honolulu and requested that they
advise each respective Police Chief that our ordinance specifically requests that "Cannabis policies
here within the County of Hawai'i be dealt with from our local law enforcement only." Specifically
we requested that the Councils and Police Commissions of Maui, Kaui and Honolulu advise their
respective Police Chiefs that they cease and desist from permitting any police personnel in their
departments to participate in any type of "marijuana eradication" program in Hawai'i County. Copies
of letters to the Maui County Council and the Maui Police Commissions are also enclosed for your
records.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter from Hawai'i County Clerk to President Barack Obama
enc: Letter from Hawai'i County Clerk to Mayor William P. Kenoi
enc: Letter to Hawai'i County Council re: Violation of Hawai'i County Ordinance 08-181
enc: Letter to Maui County Council re: HCO 08-181
enc: Letter to Maui Police Commission re: HCO 08-181
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore 'rreasurer
George Graywolf Klarc Devaki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(a)gmail.com www.peacefulskyalliance.org
9/9/09
Jay Kimura, Prosecutor
Office of the Prosecuting Attorney
655 Kilauea Ave
Hilo, Hawai'i 96720
RE: Case no. 07-1-0593 Hawaii vs Ruggles
Aloha Mr. Jay Kimura,
It has come to our attention that case No. 07-1-0593 Hawaii vs Ruggles, a case before the Third Circuit Court of
Hawaii since 2007, involved an arrest that resulted in charges and prosecution where there were 3 registered
Medical Marijuana Patients and a total of 21 plants in addition to plant material which was alleged to be "dried
material."
This case is of great concern to our organization as are a number of other cases currently before the Third Circuit
Court of Hawaii.
As you are aware, Hawaii County Ordinance 08-181 is now law in Hawaii County. Ordinance HCO 08-181
provides clear guidelines for the Hawaii County Council, the Police Commissioner, the Chief of Police and The
Prosecuting Attorney in order that HCO 08-181 is fully implemented in the County of Hawaii. HCO 08-181
provides that `adult personal use' of Cannabis shall not be an offense subject to arrest or prosecution where 24
plants or 24 ounces of dried material on private property occurs.
A case such as Case No 1-0593 Hawaii vs Ruggles involves an incident that would now be subject to the Hawaii
County Ordinance HCO 08-181. According to the specific provisions of HCO 08-181 this case should have been
dismissed with predjudice because the Office of the Prosecuting Attorney is now guided by the following Section :
To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county government,
request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of
Hawaii shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii Revised Statutes
regarding possession or cultivation of Cannabis in a manner inconsistent with the Lowest Law Enforcement
Priority, as described in Section 4 and 5 of this article; in cases where the amount possessed or grown is less than
24 (twenty four) plants or the dried equivalent, possession for adult personal use shall be presumed.--SECTION 6
COUNTY PROSECUTING ATTORNEY
For the reasons stated above, we hereby request that any and all charges relating to this case be dismissed with
prejudice.
Mahalo and Aloha.
Wolf Daniel Braun,
President of Peaceful Sky Alliance
cc: Mr. Jklark Bennett, ogee of the Attorney General State of Flawaii
PEACEFUL =3KY ;aLI_IA 1JCE IS A NON PROFIT ORGANJIZATION INCORPORATED IN Ti1E aT.4TE OF HAWAII
PEACEFUL SKY ALLIANCE
hoard of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea 'rischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(aDgmail.com www.peacefulskyalliaiice.org
9/9/09
Honorable Mark Bennett
Attorney General, State of Hawai' i
425 Queen Street
Honolulu, Hawai'i 96813
RE: Case no. 07-1-0593 State ofHawai'i vs Ruggles & HCO 08-181
Dear Mr Bennett,
Aloha. Enclosed please find a letter to Mr Jay Kimura of the Office of the Prosecuting Attorney in Hawaii County
regarding a case that is currently being prosecuted by his department.
Our organization has drawn his attention to the fact that this case falls within the guidelines of HCO 08-181. We have
pointed out to Mr. Kimura that the case concerning Mr Ruggles Hawaii vs Ruggles, would not be subject to arrest if it
occurred today because of HCO 08-181.
We have urged 'Mr. Kimura to look into this matter and further, to investigate all such cases where prosecution is
proceeding in cases involving `adult personal use' on private property as defined by HCO 08-181.
We have asked Mr. Kimura to ensure that his entire department is in compliance with the Hawai'i County Ordinance
known as the `Lowest Law Enforcement Priority of Cannabis Ordinance : It is now inappropriate for Mr Kimura's
department to use any resources to prosecute wherever a case can be defined as `adult personal use' on private property
as defined by HCO 08-181. Section 6 clearly states:
To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county government,
request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of Hawaii
shall prosecute any violations of the sections of Chapter 712-1240 of the Hawaii Revised Statutes regarding possession
or cultivation of Cannabis in a manner inconsistent with the Lowest Law Enforcement Priority, as described in Section 4
and 5 of this article; in cases where the amount possessed or grown is less than 24 (twenty four) plants or the dried
equivalent, possession for adult personal use shall be presumed. -Section 6 COUNTY PROSECUTING ATTORNEYS
We ask that you give your attention to this matter and we would appreciate a timely response from you.
Mahalo and Aloha,
Wolf Daniel Braun,
President of Peaceful Sky Alliance
enc: Letter to Mr Jay Kimura, Office of the Prosecuting Attorney, Hawaii County
PF_ACEFIJL SKY ALLIANCE IS A NON PROFIT OPGANILATION IPICORPORATED IN THE STATE OF I- AWA It
PEACEFUL KY ALLIANCE
3 o a r d of Directors
Wolf Daniel Braun President Share e. 5t. Cyr Secretary Jasper Moore rreasurer
George Graywolf Klare Devaki Klare Andrea Tischler Rev. Kenny Slaughter
tilegan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanacle Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaiiPgmad.com www.peacefulskyalliance.org
9/9/09
Ms Colleen Schrandt,
Office of The Legislative Auditor
c/o 25 Aupuni Street
Hilo HI 96720
Re: Release of funds from 2008-2009 Budget for current "Counter Cannabis" programs
Dear Colleen Schrandt,
The Peaceful Sky Alliance is a citizens advocacy organization, dedicated to assisting the implementation of
the Lowest Law Enforcement Priority of Cannabis Ordinance (HCO 08-181) here in Hawaii County. The
voters in the County of Hawaii passed this measure by a 35,000 vote majority and it has been law since
November 5, 2008.
This is an inquiry as to the authorization of the release or re-allocation of funds for the current `marijuana
eradication' program consisting of federal grants that were attached to last year's Operating Budget within the
County of Hawaii. Apparently these were `renewed' and or re-allocated to fund the current ".`Counter
Cannabis" marijuana eradication programs operated here in Hawaii County during this financial year.
It was reported on Friday August 28, 2009 in the Hawaii Tribune-Herald that Lt. Richard Sherlock was
quoted making a statement about the funding of these programs. Hawaii Tribune Herald reported Lt. Sherlock
saying that: "Funding came from the Big Island's $159,000 portion of a statewide marijuana eradication grant
provided by the federal government in the fiscal year that ended June 30."
Lt Sherlock was also reported to have said: "This is leftover money that was secured prior to the lowest-
priority' initiative." It was reported in the same newspaper of August 28 that "....Sherlock said he didn't know
if the decision to use the leftover money was made by Chief Hang Kubojiri or if the council or Mayor Billy
Kenoi were consulted."
We request that your office look into this matter and determine how this money was approved to be available
for the purposes of `Counter Cannabis' marijuana eradication programs in the current fiscal year.
We would appreciate your attention to this matter and a prompt response.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
I7 cci -
En S.- ALL;A.,,t E iS A 14VN PHQFir ORGANIZATION H 1CORPORATED IN FHE :3 i'ATE OF HAWAII.
I'I;ACE UL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore 'rreasurer
George Graywolf Klare Dcvaki Klarc Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaelc Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii apgmail.com www.peacefulskyalhance.org
9/ 9/ 09
Mr. Dominic Yagong
Chairman Finance Committee
c/o 25 Aupuni Street
Hilo, Hawai'i 96720
Re: Section 7b) of HCO 08-181
Aloha Mr. Dominic Yagong,
It is noted that Section 7 b) of Hawaii County Ordinance HCO 08-181 clearly states the following:
(b) The Hawaii County Council shall not support the acceptance of any funds for the marijuana eradication
program. - Section 7 EXPENDITURE OF FUNDS FOR CANNABIS ENFORCEMENT
With such a clear restriction evident concerning the acceptance of any funds, we would like clarification
from your committee as to how the Hawaii County Police Department had permission to use funding for
"Counter Cannabis" eradication from the previous 2008-2009 budget for this year's budget 2009-2010.
The guidelines for the entire County Council are also spelled out clearly in Section 10 as follows:
..the Hawaii County Council shall take all actions within their power to work with those branches of
government to express the will of the people and to encourage, support, and request the implementation of
those provisions. -Section 10: STATUTORY AND CONSTITUTIONAL INTERPRETATION
We would appreciate a timely response to this inquiry.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED iN THE STATE OF HAWAII.
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea 'rischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Rev. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii(a) gmail.com www.peacefulskyalIiance.org
9/ 9/ 09
Mr. Dominic Yagong
Chairman Finance Committee
c/o 25 Aupuni Street
Hilo, Hawai'i 96720
Re: Funding of 'Counter Cannabis' eradication in Hawaii County
Aloha Mr. Dominic Yagong,
This is an inquiry as to the authorization of the release or re-allocation of funds for the current
`marijuana eradication' program conducted here in Hawaii County. It appears that federal grants
that were attached to last year's Operating Budget were `renewed' or re-allocated to fund the
"Counter Cannabis" marijuana eradication programs here in Hawaii County for the fiscal year of
2009-2010.
It was reported on Friday August 28, 2009 in the Hawaii Tribune-Herald that Lt. Richard
Sherlock made a statement about the funding of the most recent "Counter Cannabis" marijuana
eradication programs here in Hawaii County. Hawaii Tribune Herald quoted Lt. Sherlock stating
that: "Funding came from the Big Island's $159,000 portion of a statewide marijuana eradication
grant provided by the federal government in the fiscal year that ended June 30."
Lt Sherlock was also reported to have said: "This is leftover money that was secured prior to
the 'lowest-priority' initiative." The same newspaper of August 28 reported that "....Sherlock said
he didn't know if the decision to use the leftover money was made by Chief Harry Kubojiri or if
the Council or Mayor Billy Kenot were consulted."
We request from you clarification regarding the above statement made by Lt Sherlock. How was
this decision was made.?
We would appreciate your attention to this matter and a prompt response would also be
appreciated.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
Y, ,_FR~~FiT OtiGANIZATION I~.IC"~QRPOPATF D If`I THE SC4TE OF HA`,^IP.II.
PEACEFUL SKY ALLIANCE
Board of Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Klare Devaki Klare Andrea 'rischler Rev. Kenny Slaughter
Megan Isaac-Magdalenc Rev. Nancy Harris Roger Christie
Kaliko o Lehua Vernon Kanaele Sr.
PO. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
peacefulskyhawaii a)gmail.com www.peacefulskyalhance.org
9/9/09
William P. Kenoi
Hilo, Hawai'i 96720
25 Aupuni Street
Hilo Hawai'i 96720
Re: Inquiry re: Funding of recent "Counter Cannabis" program in Hawai'i County
Aloha Mayor Billy Kenoi,
This is an inquiry as to the authorization of the release or re-allocation of funds for the current
`marijuana eradication' program conducted here in Hawaii County. It appears that federal grants
that were attached to last year's Operating Budget were `renewed' or re-allocated to fund the
"Counter Cannabis" marijuana eradication programs here in Hawaii County for the fiscal year of
2009-2010.
It was reported on Friday August 28, 2009 in the Hawaii Tribune-Herald that Lt. Richard
Sherlock made a statement about the funding of the most recent "Counter Cannabis" marijuana
eradication programs here in Hawaii County. Hawaii Tribune Herald reported Lt. Sherlock saying
that: "Funding came from the Big Island's $159,000 portion of a statewide marijuana eradication
grant provided by the federal government in the fiscal year that ended June 30."
Lt Sherlock was also reported to have said: "This is leftover money that was secured prior to
the 'lowest-priority' initiative." The same newspaper article reported that "....Sherlock said he
didn't know if the decision to use the leftover money was made by Chief Harry Kubojiri or if the
council or Mayor Billy Kenoi were consulted."
We have been informed by several sources that the funds needed approval to be released and we
are writing to inquire whether this transaction was approved by your office.
We would appreciate your attention to this matter and a prompt response.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
PFA('FFI11 -Kv ni i inn.~
viv rra_irfi ur~rd,yt`IIZAfI(~fJ IPdC4RPOF2ATFf7IfV i"HF.:SrATE 1;_)F HLAN/AII.
PEACEFUL SKY ALLIANCE
13oard of Directors
Wolf Daniel Braun President Share e. St. Cyr Sccrctarv Jasper Moore frcasurcr
Gccrgc Gra A
y, olf Klarc Dc;vaki K.lar;; Andrea lischlcr Rcv. KKcnny S1auF.hI r
",9egan Isaac-Megdalctic Rcv. Nand. Harris Roger Christie
Kaliko o Lchua Vcrnon'Kanaclc sr.
P0. Box 10896 Hilo,Hawai'i 96721 (808) 938-0644
r cacE iulskyhativaii<<i~ nzail.com wwty-pea c: fu l_skyaihance.or~
William P. Kenoi
25 Aupuni Street
Hilo Hawai'i 96720
9/28/09
Re: Letter dated 9/9/09 Funding of recent "Counter Cannabis "program in Hawai'i County
Aloha Mayor Billy Kenoi.
We still have not had a reply concerning our inquiry as to whether or not the approval for funding of
recent "marijuana eradication" programs was approved by your office.
We would ask that you refer to our letter dated 9/9/09 and provide us with a reply.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
PEACEFUL SKY 4LUANCE !S NON PROFIT ORGANIZATION 1f•JC0RPORAT~:C7 JH THF STAP'E :~)F t- 111WAp.
IPEACEFUL SKY ALLIANCE
Board of :Directors
Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer
George Graywolf Blare Deva'ki Klare Andrea Tischler Rev. Kenny Slaughter
Megan Isaac-Magdalene Retie. Nancy Harris Roger Christie
Kaliko o Lchua Vernon Kanaele Sr.
PO. Box 10896 flilo,Hawai'i 96721 (808) 938-£1644
peacefuiskyhawaii@gmail.com www.peacefulskyalliance.org
William P. Kenoi
25 Aupuni Street
Hilo Hawai'i 96720
9/28/09
Re: Letter dated 9/9/09 Funding of recent "Counter Cannabis "program in Hawai 'i County
Aloha Mayor Billy Kenoi.
We still have not had a reply concerning our inquiry as to whether or not the approval for funding of
recent "marijuana eradication" programs was approved by your office.
We would ask that you refer to our letter dated 9/9/09 and provide us with a reply.
Mahalo and Aloha,
Wolf Daniel Braun
President of Peaceful Sky Alliance
PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII.