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Ntv of ti~ Thomas P. Whittemore, Chair William P. Kenoi°.•' Louis Kaoiwi, Vice Chair Aiayor Richard Behenna, Member Carol Ignacio, Member Donn Mende, Member +r ' ai • Melvin S. Morimoto, Member ~Tf•OF'NF•~ Anita Politano Steckel- Member Michael Sump, Member County of Hawaii POLICE COMMISSION Hilo Lagoon Centre 101 Aupuni Street, Suite 313 • Hilo, Hawaii 96720 Phone: (808) 961-8412 • Fax: (808) 961-8563 December 29, 2009 r~Q Honorable J Yoshimoto fir- r- Chair, Hawaii County Council 25 Aupuni St. Hilo, HI 96720 , Dear Chairman Yoshimoto and Council Members: 'Y RE: Chapter 2, Article 16, Hawaii County Code Lowest Law Enforcement Priority of Cannabis Ordinance On Friday, December 18, 2009, the Hawaii Police Commission reconsidered a complaint brought by two citizens who claimed the Hawai `i County Police Department violated the Lowest Law Enforcement Priority of Cannabis Ordinance (Chapter 2, Article 16, Hawaii County Code 1983 [2005 Ed.]), since police officers provided ground support for a marijuana eradication mission undertaken by the federal government in March of 2009. At our Commission meeting and in previous testimony submitted to the Commission by members of the Peaceful Sky Alliance (hereinafter "PSA"), it is clear there is not a meeting of the minds between PSA and the Police Department leadership with respect to the requirements and restrictions of this voter- approved initiative. In reviewing the aforementioned Lowest Law Enforcement Priority of Cannabis Ordinance, the Commission has concern surrounding some of the ambiguous verbiage. We learned that once the Hawaii County Council supplanted its own finding in place of the County Clerk's determination that the petition lacked the requisite number of valid signatures, the County was without authority to "clean up" the language and to address the obvious ambiguities in the law as presently written. It is the understanding of our Commission that the Hawaii County Council is the legislative body of the County empowered with the authority to amend our laws through ordinance. For this reason, please consider this a formal request that the Council undertake a review of the aforementioned Code section and rectify the ambiguities. The Commission feels it cannot perform its Charter-mandated requirement of investigating and reviewing complaints made by the public against the Police Department and its personnel since the underlying law concerning this particular issue is wrought with ambiguity. Ref. To: >'r G-Kc~ Rrf. 00te. __tgN 13 2911 Hawai `i County is an Equal Opportunity Provider and Employer.