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HomeMy WebLinkAboutCOM 0680.004 2008-2010Feb 2, 2010 4.30 pm Committee of Public Safety, Parks & Recreation, Hawaii County Council Megan Isaac- Magdalene: Testimony on behalf of Peaceful Sky Alliance re: Comm 680 Aloha, My name is Megan Isaac- Magdalene and I am a member of the Board of Peaceful Sky Alliance. While we welcome open public discussion of this ordinance,'the objection that we have to these proceedings today is that it was initiated by Lincoln Ashida while in a closed session of the Police Commission dedicated to hearing a complaint b•two Board members of our organization. It was noted by the two plaintiffs that this suggestion that the wording was 'unclear' initially came from Mr. Lincoln Ashida. We find it objectionable and highly ironic that Mr. Ashida will now be asked by Council to provide an opinion regarding this ordinance. Mr. Ashida's continuing.insistance that the law has no merit is objectionable. Mr. Ashida's conduct has disqualified hini from being able to advise this Council on the law itself. We note that the State Attorney General himself has twice declined to deliver an opinion • on this ordinance. We believe that this is quite simply because it is not in his power to deliver such an opinion. Mr. Ashida has continued to obstruct the implementation of the ordinance ever since it Was first proposed. All of this is documented in a letter sent to Mr. Ashida and to Council October 13,2009 including the•fact that in every instance of a complaint with the Police • Commission regarding violations to the Lowest Law Enforcement Priority of Cannabis Ordinance, Mr. Ashida prevented that complaint from being heard. 'Mr. Ashida has posted on his website an opinion titled "What happens when Council passes a law that is unenforceable..." while using his official office as County Attorney. The post was misleading because he lumped this ordinance with the "GMO taro and coffee" bill that was passed by Council. Mr. Ashida has been asked by our organization to confirm or deny. whether this posting was in any way a legal opinion and Mr. Ashida has declined to answer this point. - We take great offense of this abuse of his office that this `negative opinion' is published - on a County website. - We find that members of the Executive in this County continue to provide obstruction to the implementation of the ordinance. The Chief of Police and our Prosecuting Attorney continue to make similar negative comments. If anything, the `separation of powers' issues that Mr. Ashida and Mr. Kimura have cited (as reason to invalidate the law) have to do with members of thelexecutive "interfering in a law that was established by voter initiated legislation and - reflects the will of the people of this County. Comm No. �° Ref. Tth T�S IZ G- Ref. Date 'FEB 0 .2 2010 Feb 2;2010 4.30 pm Committee of Public Safety, Parks & Recreation, Hawaii County Council Megan Isaac- Magdalene: Testimony on behalf of Peaceful Sky Alliance re: Comm 680 In Summary: We urge you as Council, to speak to the ordinance in front of you when discussing this law and to speak to specific clauses of the law and avoid the generalities that have never had legal merit. This is a law passed by the voters of this County and we urge you to pay attention to it in detail and to identify where it is being violated or obstructed. This is your responsibility.