Loading...
HomeMy WebLinkAboutCOM 0572.007 2008-2010DOMINIC YAGONG Coiutctbnember District of Hanaakuo April 7, 2010 HAWAII COUNTY COUNCIL County of Hawai `i 25 Auptnu Street Hilo. 'Thwart 96720 Memo To: J Yoshimoto, Chair And Members of the Hawai`i County Council From: /L Dominic Yagong, Council Member C Council District 1 Re: Letter From Peaceful Sky Alliance Phone' (808) 961 -8538 Fax: (808) 961-8912 Email dvagong(idco hawaih hi.us C) C 0 0 fi-- �a Attached please find copy of letter dated November 19, 2009 from Peaceful Sky Alliance for discussion. Please refer to the Committee on Public Safety and Parks & Recreation meeting on April 19, 2010. comm. ttc. 5 1 o2. , 7 Ref. To: r 7 Ref, Dot 0 7 2010 PEACEFUL SKY ALLIANCE Board of Directors Wolf Daniel Braun President Share e. St. Cyr Secretary Jasper Moore Treasurer George Graywolf Klare Matthew Rifkin Devaki Klarc Andrea Tischler Dr. Yvonne Connor Megan Isaac - Magdalene Roger Christie Kaliko o Lebua Vernon Kanaele Sr. PO. Box 10896 Hilo,Hawai'i 96721 (808) 938 -0644 peacefulskyhawaii@gmail.com www.peacefulskyalliance.org Councilman Dominic Yagong Chairman of Committee for Public Safety, Parks & Recreation c/o 25 Aupuni Street Suite 209 Hilo, Hawai'i 96720 November 19, 2009 Re: Proposal for Grievance Procedures to be established immediately, as required by HCC §14 - 102 Aloha Mr. Dominic Yagong, Enclosed please find a memorandum proposing specific grievance procedures be established that are in compliance with HCC § 14 -102. As you know there has not been such a grievance procedure established and it remains the responsibility of the Hawai'i County Council to establish such a procedure by working with the Police Commission. We consider our proposal to have practical merit because while only minimal additional costs are incurred to the Police Commission or County by posting an additional pdf form and amending the monthly agenda it does provide redress for those with grievances specific to this law. This would meet the requirements of §14 -102 that specific grievance procedures are provided. We consider the fact that since this law was passed over a year ago, this matter has become urgent because there is still no provision for complaints concerning violations of the law as specified by HCC §14- 102 and yet it is evident that harm to the community continues as a result of continuing activity that is "contrary to the `lowest law enforcement priority'." We have sent several letters of correspondence to the Police Commission regarding the lack of grievance procedures. We intend to provide submissions regarding this matter at the Police Commission meeting of November 20, 2009 at 9am at the Liquor Control Department in Hilo. At this time we will include a copy of this proposal with a request that they address the urgent need to provide grievance procedures for any member of the public who believes that they were subjected to law enforcement activity "contrary to the `lowest law enforcement priority" as required by HCC §14 -102. In addition, we will be sending a copy of this proposal to Police Chief Kubojiri for his attention. Please let us know you have received this letter along with the attached proposal. We ask you to consider tabling this proposal, or something very similar, on an upcoming agenda for the next meeting of the Committee of Public Safety, Parks and Recreation. aalo ; oI tel Braun, On behalf of the Board of Peaceful Sky Alliance cc: Chief Kubojiri, Hawai'i County Police Department PEACEFUL SKY ALLIANCE IS A NON PROFIT ORGANIZATION INCORPORATED IN THE STATE OF HAWAII. MEMORANDUM RE: Proposal for immediate implementation of grievance procedures as required by §14 -102 of the Hawai'i County Ordinance: Lowest Law Enforcement Priority of Cannabis: DATE: November 20, 2009 TO: Chairman Yagong of Committee for Public Safety, Parks and Recreation FROM: The Board of Directors of the Peaceful Sky Alliance It specifically states that in Hawai'i County Code § 14 -102 that: ...The council shall ensure the timely implementation of this chapter by working with the chief of police and /or the police commissioner to ...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... Given the continuing harm to the community due to violations of this ordinance or failure of the Department of Public Safety to comply with this ordinance, we request that measures are put in place for any member of the public to file a complaint if they consider that they have been harmed by a failure of any member of the Police Department to comply with this Lowest Law Enforcement Priority of Cannabis Ordinance. The only grievance procedure in place for the public currently is a phone number for the Vice Squad of the Hawai'i County Police Department which, in the legal sense, represents the "offending agency." Given that it is specifically stated that the grievance procedures must be implemented in a timely manner, it is requested that these grievance procedures be implemented as quickly as possible. We request that The Police Commission work with the Hawai'i County Council to implement these grievance procedures as required by §14 -102. The Board of the Peaceful Sky Allliance recommends the following procedures be implemented immediately: ➢ A dedicated complaint form be published on the website of the Hawai'i County Police Commission in downloadable pdf format. ➢ This form should be titled "COMPLAINT OF MISCONDUCT BROUGHT BY THE PUBLIC as relating to Lowest Law Enforcement Priority of Cannabis Ordinance " (or similar wording) ➢ As with the general complaint form currently available on the website, this form should require the name and contact details of the plaintiff but should NOT include Social Security Number as this is intimidating and we do not believe that this information is necessary for the complaint procedure. ➢ The complaint form should be required to be notarized, as with the `general complaint form published by the Police Commission. ➢ A specified portion of the agenda for the monthly meeting of the Police Commission should be dedicated to hearing complaints relating to the Lowest Law Enforcement Priority of Cannabis Ordinance. ➢ In addition to reporting to the Police Chief on its findings all complaints along with the findings of the Police Commission. should be forwarded to the Committee for Public Safety, Parks and Recreation to be addressed by this committee. CC: Police Commission, Police Chief Harry Kubojiri Complaint No. HPC Date Received: POLICE COMMISSION COUNTY OF HAWAII Aupuni Center 101 Pauahi St., Suite 9, Hilo, Hawaii 96720 Phone: (808) 932-2950 Fax: (808) 932 -2949 COMPLAINT OF MISCONDUCT BROUGHT BY THE PUBLIC The Police Commission investigates complaints of misconduct against officers or employees of the police department while on duty or acting under the color of authority. The complaint must be received in the commission's office within 60 days of the incident. A request for an exception to the 60 -day rule must be in writing with an explanation for the delay. PLEASE TYPE OR PRINT NAME: Birth Date: SS# last 4 digits: Mailing Address: Phone: Date of Incident: Time: Location: ACCUSED: (Name, badge number, or description if unknown.) Name: Name: Name: SUMMARY OF COMPLAINT: Describe in detail the incident that led to this complaint. What is your specific complaint against each person? How could it be resolved to your satisfaction? Fill out form HPCHEALTH for release of your medical records of injuries sustained. Rev. 01 -07 -10 (TURN PAGE OVER TO SIGN & NOTARIZE COMPLAINT.) Page 1 I have prepared the foregoing Complaint of Misconduct Brought by the Public and hereby certify that, to the best of my knowledge, and under penalty of perjury, the statements herein are true. I understand that the County Charter only permits the Police Commission to investigate complaints and to report its findings to the Chief of Police. In addition, I understand that the Police Commission is not permitted to interfere in the administrative affairs of the Police Department. I further understand that the rules of the Police Commission, as well as Hawai`i Revised Statutes, Chapter 92F, also known as the Privacy Act, prohibit the unauthorized release of confidential records by the Police Commission, except as permitted by a court of competent jurisdiction. Complainant's signature Parent or guardian's signature if complainant is a juvenile STATE OF HAWAII )SS )SS COUNTY OFHAWAI`I )SS Subscribed and sworn to me this day of , 20 Signature of Notary Public, State of Hawaii Printed name of Notary Public Judicial Circuit My commission expires: Page 2 RULE 7. CHARGES BROUGHT BY THE PUBLIC a. FILING OF COMPLAINTS. A charge, herein called a "complaint" against the conduct of the department or any of its officers or employees while on duty or acting under the color of authority shall be in writing, signed, and dated by the complainant under oath before a notary public. This notarized complaint must be received by the commission's office not more than 60 days from the date of the incident. A complaint form or letter signed, dated, and notarized by the complainant's immediate family shall be accepted as a complaint if the victim is deceased. b. COMPLAINT CLASSIFICATION GUIDELINES. Complaints shall be classified under the following standards of conduct: 1. Standard of Conduct - Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute. 2. Performance of Duty - Officers and employees shall perform their duties as required or directed by law, departmental procedures, policies, or orders of a command or supervisory officer. All lawful duties shall be performed promptly notwithstanding the general assignment of duties and responsibilities. 3. Obedience to Laws, Written Orders, Policies - Officers and employees of the department shall observe and obey all Federal and State Laws, Ordinances of the County of Hawaii, and all orders, policies, directives, regulations, etc., of the department. 4. Commission of any Criminal Act - Officers and employees shall not commit any criminal act. For the purpose of this section, it is not required that the officer or employee be convicted of a crime. Acceptance of immunity from criminal prosecution, deferred acceptance of guilty pleas, deferred prosecution, and other such dispositions shall be considered prima facie evidence that a criminal act was committed. A. Damaging Private Property - Officers and employees shall not maliciously destroy or damage someone's private property without just cause. B. Theft of Private Property - Officers and employees shall not take the private property of someone with the intent to permanently deprive the owner of said property. C. Threatening - Officers and employees shall not threaten members of the public with bodily injury or threaten to arrest them without just cause. 5. Falsification of Records - Officers and employees shall not knowingly or intentionally falsify records or enter or cause to be entered any inaccurate, false, or improper information on any record or records of the department. 6. Malicious Use of Physical Force - The malicious use of physical force by officers which results in bodily injury or that causes physical pain, illness, or any impairment of physical condition of another person is prohibited. 7. Misuse of Position or Office - Members shall not use their official positions with the department to gain personal favors or to conduct non - police activities. 8. Mistreatment of Person in Police Custody - Officers or employees shall not mistreat any person in police custody. 9. Use of Intimidation in Legal Proceedings - Members shall not use their official positions as a means of forcing or intimidating persons as witnesses or complainants in any legal proceeding. 10. Truthfulness - Officers and employees are required to be truthful at all times whether under oath or not. 11. Firearms - Display and Discharge - Officers shall not display, draw, or discharge firearms except for official use in accordance with departmental policies. 12. Impartial Attitude - Members of the department shall remain impartial to all persons coming to the attention of the department. They shall not exhibit partiality for or against any person. 13. Excessive Use of Physical Force - Officers shall not use any more physical force than is necessary to accomplish the immediate police purpose. 14. Overbearing Conduct - Overbearing or oppressive conduct shall not be practiced under color of police authority. 15. Conduct Towards the Public - Officers and employees shall be courteous when dealing with the public. They shall avoid harsh, violent, profane, or insolent language. Upon request, they shall furnish their name and badge number in a courteous manner. The Department's Standards of Conduct, General Order No. 300, may be used when the commission's rules are inadequate to cover the circumstances of the case. c. WITHDRAWAL OF COMPLAINTS. A complaint may be withdrawn by a notice or letter of withdrawal, signed and dated by the complainant. In the event of death, the complaint will be considered automatically withdrawn unless otherwise refiled by an immediate family member within 30 days of death. RULE 8. PROCESSING OF COMPLAINTS a. CONSIDERATION BY THE COMMISSION. The commission shall consider each complaint for investigation. The complaint must involve an element of misconduct (malfeasance, misfeasance, or nonfeasance) by an officer or employee of the department. The commission shall not refer a complaint for investigation if: 1. The complaint is filed after sixty (60) days of the incident in which the complaint is based upon. However, the commission may allow the filing of a complaint after the sixty -day period for the following reasons: A. Excusable neglect. Lack of knowledge of the existence of the commission or its complaint procedure shall not constitute excusable neglect in any case. B. Newly discovered evidence, which by reasonable diligence, could not have been discovered in time. Any reason for requesting relief from the sixty -day rule must be in writing and will be reviewed by the commission for extenuating circumstances. 2. The complaint is speculative or purely hypothetical and does not involve existing facts. 3. The complaint does not involve an element of misconduct. 4. The complaint is not within the jurisdiction of the commission. b. RECONSIDERATION BY THE COMMISSION. Any action taken by the commission may be reconsidered only on the following conditions: 1. The motion is made by a commissioner who voted on the prevailing side. 2. The motion is made at the same meeting or the meeting immediately following the action taken. 3. If the motion is made at the meeting following the action taken, no vote will be taken until the motion can be placed on the agenda and notice is given via mail to the parties involved in the complaint that a reconsideration motion will be address by the commission, the date and time when this will take place, and that they may appear and testify on the motion. c. OTHER MISCONDUCT NOTED. The commission may further review incidents of misconduct, other than alleged by the complainant, arising from the investigation of a complaint. d. FINDINGS. The commission shall give written notice of its findings to the chief of police, the complainant, and the person against whom the complaint is made. e. CLASSIFICATION OF CASE FINDINGS. 1. SUFFICIENT EVIDENCE. There is sufficient evidence to prove the complainant's allegations. 2. INSUFFICIENT EVIDENCE. There is insufficient evidence to prove the complainant's allegations.