HomeMy WebLinkAboutCOM 0854.000 2008-2010 TO: Kenneth Gordon Goodenow, 2003/JD8022 21 June 2010
[William S. Richardson School of Law]
County Clerk
County of Hawaii
IN TURN
Council Chair: J Stanley Yoshimoto, 1992/JD5883
[William S. Richardson School of Law] �.
Council Members: Guy Enriques
Brenda Ford
Kelly Greenwell
Pete Hoffmann
Donald Ikeda =.
Emily I. Naeole- Beason -'
Dennis "Fresh" Onishi
Dominic Yagong
RE: TESTIMONY, 23 June 2010 Meeting of the Hawaii County
Council, re: Comments on Agenda Item, "APPROVAL OF
MINUTES, December 2, 2009.
Dear Clerk Goodenow, in turn, All Council Members:
In all fairness, equality of rights, and clarity for the public, it is requested that my
entire Testimony, RE: Bill 166 (opposed), and related Communications 590 (opposed), of
the December 2, 2009, as identified on page 92 of the Draft Minutes, be transcribed from
the video /audio recordings of the meeting and placed into the Council Record as an
attachment to the Approved Minutes of the December 2, 2009 Council Meeting.
After sitting patiently in the Council Chambers for almost two and a half, (2 ' /2),
hours and mostly the only member of the Public present, listening to what
MR.HOFFMANN: describes on page 137 of the Draft Minutes as, "...a very good
discussion on a whole, or perhaps the most critical issue this Council will face. ", with the
purpose of the discussion to form an Ad Hoc Committee Relating to the 2010 -2011
Budget, and after forming the Committee, the Ad Hoc Committee met with the following
department heads and their staff: Civil Defense, Corporation Counsel, Data Systems,
Environmental Management, Finance, Fire, Human Resources, Housing & Community
Development, Mass Transit, Office of the Mayor, Parks & Recreation, Planning, Police,
Public Works, and Research & Development. The Ad Hoc Committee determined that all
departments are taking measures to reduce expenses in preparation of the 2010 -1011
budget. Therefore, the Committee makes no recommendations at this time, RE: Comm.
Co i
Ref. Tau 'Ai. •
Ref. Date ! ` 23 2010
No. 628.6, Ref. Date MAR 3 2010.
After sitting patiently for almost 2 1 /2 hours watching our elected officials in action
debating what has been described by Council Member Pete Hoffmann as, "... perhaps the
most critical issue this Council will face. ", Council Chair Yoshimoto requested I come
forth and give my testimony, and noted that I had been patiently waiting. I opened my
Testimony in opposition to ORDINANCE BILL NO. 166 (COMM. 590): , by
paraphrasing a well known, and often used, joke of Political Satire and Humor, by stating
that I couldn't understand why people in Hawaii are so depressed when it appears that
there are so many clowns in the government.
I am sure that if all the Hawaii County Council Members were required to sit
patiently for 2 1/2 hours and watch themselves debate perhaps the most critical issue they
would face, and in light of the of the fact that after all the debating and meetings, they
could make no recommendations, I am sure they also would see the Humor in my
statement.
HOWEVER, the aforementioned request to have my testimony transcribed from
the video /audio recordings of the 2 December 2009, Council meeting is made so that the
People of Hawaii will have an understanding as to what the Hawaii County Council is
willing to tolerate in Public Speech and Testimony before it, as stated on page 137 of the
Draft Minutes, last paragraph, where MR. ENRIQUES: states, "...I do want to encourage
our Chair. I did catch that comment, and in fact, it floored me so much that I wasn't sure,
is that what he really said? But I think this in not an area for us to accept that kind of
behavior or kind of name calling. And I would encourage you to address that immediately
if that's happens again or anything like that, and stop it at that point so that others who
may be watching will understand what we're willing to accept. And that, to me is
unacceptable. I agree with Mr. Hoffman on that issue. Thank you ".
The aforementioned issue of Mr. Hofmann is stated on page 137, where MW
HOFFMANN: states, "...Mr. Chairman....It- this seems to be very clear. ... I rarely have
any comments about testifiers coming before us. ... But I refuse, honestly, to sit here and
be called a clown by this testifier or other testifiers when we had a very good discussion
on a whole, on perhaps the most critical issue this Council will face. When a testifier
comes before me and tells me I'm a bunch of clowns sitting here on -- in that type of a
thing, I honestly can give him no credibility. ... Mr. Chairman, I'm surprised you didn't
call him out of order. I recognize the problem you had if you did that, but he was not
speaking on this issue at all. ".
Following Mr. Hoffmann's statements, MS. NAEOLE - BEASON: states, "Yes.
Even me,...,like I said, for three long years I had nothing to do with anything. And I feel
like I was wondering if he went harass the Council Member before I came along. So,
because for three long years every time I turn one corner, he was harassing me and I had
2.
to call Lincoln and try to ask for help, and I see him in the neighborhood and he's
drinking and he always shooting - -I mean, he shooting anger at me - -I never do nothing --
so..."
Following Ms. Naeole - Beason's statements, MR. GREENWELL: states, " Okay, I
will vote with my colleagues on this issue. I think they have very good points.... So, I
will con -- whatever the word is, but I'll join the gang."
In response to the aforementioned statements, CHR. YOSHIMOTO: states on
page 138 of the Draft Minutes, " Okay. Mr. Enriques, Mr. Hoffmann, I appreciate those
comments because it gives me a better sense of what the Council Members believe is
appropriate. And I agree with you that it was inappropriate. And many times, receiving
public testimony, yeah, it's difficult because we try to be as respectful as we possibly can;
and we have been. I think we clearly have been. And members of the public, they have
their own views. And that is the challenge that we all have to face as elected officials. But
I will take those comments to heart, and I will do my best to address those. ".
On page 136 of the draft Minutes, Ms. Ford moved to postpone Bill 166 to the
next Council meeting. Seconded by My Yagong. There can be no doubt that a majority of
the Council voted against Ms. Ford's motion based Siy their personal feelings against the
testifier, and not what was in the interest of the Public they represent. NOTE: On page
137 of the draft Minutes, Mr. Greenwell calls the Council Members he is voting with a,
"gang ", and stating, "...I'll join the gang. Thank you. ". Attached to this Communication
is a copy of the Black's Law Dictionary, of the "Legal" definition of a "gang ", "gang. A
group of persons who go about together or act in concert, esp. for antisocial or criminal
purposes. ". A Webster's collegiate dictionary definition of "clown" , that would be
appropriate to the circumstances of a body of persons is, " comedian in an entertainment
(as a play)"
NOTICE : None of the Council Members objected to being referred to in
possible association with acts of antisocial or criminal purposes, even in light of Ms.
Ford's and Mr. Yagong's concerns about possibilities of illegal actions regarding the
approval of Bill 166, but recommend that Chairman Yoshimoto take actions to deprive a
person, the people, of their State and Federal Constitutional rights and freedoms of, Free
Speech, and the rights and freedoms to Petition the government for a redress of
grievances, as stated in THE CONSTITUTION OF THE STATE OF HAWAII,
ARTICLE 1, BILL OF RIGHTS, Section 4. FREEDOM OF RELIGION, SPEECH,
PRESS, ASSEMBLY, AND PETITION.
NOTICE : The BILL OF RIGHTS, Section 1. POLITICAL POWER states," All
political power of this state is inherent in the people and the responsibility for the exercise
thereof rests with the people. All government is founded on this authority. ".
3.
NOTICE : The BILL OF RIGHTS, Section 2. RIGHTS OF INDIVIDUALS
states, "All persons are free by nature and are equal in there inherent and inalienable
rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness,
and the acquiring and possessing of property. These rights cannot endure unless the
people recognize their corresponding obligations and responsibilities. ".
NOTICE : In reference to Mr. Enriques, Mr. Hoffman's, Chairman
Yoshimoto's, et. al., statements that allude to taking some action UNDER THE
COLOR OF LAW, as elected officials to restrict, inhibit, or deprive the
Constitutional rights and freedoms of a person, the people, it is requested that All
Council Members read, and understand, THE CONSTITUTIONAL OF THE
STATE OF HAWAII, ARTICLE 1, BILL OF RIGHTS, Section 4. " No law shall
be enacted respecting an establishment of religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech or of the press or the right of the
people peaceably to assemble and to petition the government for a redress of
grievances. ".
NOTICE : The BILL OF RIGHTS, Section 5. DUE PROCESS AND
EQUAL PROTECTION, states, "No person shall be deprived of life liberty or
property without due process of law, nor be denied the equal protection of the
laws, nor be denied the enjoyment of the person's civil rights or be discriminated
against in the exercise thereof because of race, religion, sex or ancestry. ".
NOTICE : Hawaii Revised Statutes, HRS §707 -764 Extortion, a person
commits extortion if the person does any of the following:
(1) Obtains, or exerts control over, the property or services of another with
the intent to deprive another of property or services by word or conduct
to:
(a) Cause bodily injury in the future to the person threatened or to
any other person;
(f) Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt, or
ridicule, or to impair the threatened person's credit or business
repute;
(k) Due any other act that would not in itself substantially benefit
the defendant but which is calculated to harm substantially
some person with respect to the threatened person's health,
safety, business, calling, career, financial condition, reputation,
or personal relationships;
4.
(2) Intentionally compels or induces another person to engage in conduct
from which another has a legal right to abstain or to abstain from
conduct in which another has legal right to engage by threatening by
word or conduct to do any of the actions set forth in paragraph (1) (a)
through (k);
Hawaii Revised Statutes, HRS §707 -760 Definitions. For the purpose of
this part: (1) "An extortionate means" is any means which involves the use, or
express or implicit threat of the use, of violence or other criminal means to cause
harm to the person, reputation, or property of any person.
IN SO FAR , as statements made by Council Member Emily Naeole-
Beason, spoken in, "Local" dialect, such statements as, " because for three long
years every time I turn one corner, he was harassing me ... and I see him in the
neighborhood and he 's drinking a beer, and he always shooting - -I mean, he
shooting anger at me - -I never do nothing- -so... ", " Because for three years, I've
been getting harassed, big time. And I feel that it's already is pau. ", could be
construed as extortionate means, or to compel or induce others to take extortionate
means, violence, or other criminal means to cause harm to my person to stop the
alleged harassment.
IN SO FAR , as my testimony identifies, or could identify, possible
criminal actions against the Federal government, I call your attention to the
attached April 15, 2008 letter from Council Member J Yoshimoto, to The
Honorable Edward H. Kubo, Subject: Criminal Violations of State and Federal
Laws that resulted in the Flooding damage in Hilo from the February 2008 Rains;
and Illegal dumping of solid Waste in the Puna district. This letter is stamped and
filed as Comm. No. 590.1, Ref. To; PTCouncil, Ref. Date DEC 02 2009.
Therefore statutes of the United States Code 18 U.S.C. §241 Conspiracy against
rights, 18 U.S.C. §242 DEPRIVATION OF RIGHTS UNDER THE COLOR OF
LAW, and 18 U.S.C. §1512 Tampering with a witness, victim, or an informant,
(b)(1), (c)(2), (d)(1), come into play in this matter.
IN SO FAR, as the County Council of the County of Hawaii is, or should
be aware, by way of the all the complaints regarding Janet L. Kamerman, Jay T.
Kimura, Lawrence K. Mahuna, Mr. Albert R. Gonzales, Edward H. Kubo, J
Stanley Yoshimoto, and ALL COUNCILMEMBERS, that have been referred to
former Chairperson Pete Hoffmann, as referenced in the attached June 5, 2008
letter from Emily I. Naeole, Council Member 5 District, to Dan A. Cole, the
Council is aware, or should be aware, that the Hawaii County Police Department,
S.
et. al., have deprived me of my State and Federal Constitutional rights and
freedoms to petition the government in redress of grievance, by denying me the
ability to file complaints against government officials, elected and appointed, that
would expose government corruption and the existence of an Enterprise engaged
in patterns and histories of racketeering activities in criminal violation of the
Federal RICO Act.
THEREFORE : I request that the Hawaii County Council, (body politic),
make a formal request to the Hawaii County Police Department, and the Federal
Bureau of Investigation, (FBI), to investigate the actions of Council Members
Emily I. Naeole - Beason, Pete Hoffmann, J Yoshimoto, et. al., for possible
violations of State and Federal statutes for Extortion, and State and Federal RICO
laws.
THEREFORE : I request that the Hawaii County Council, agendized a public
meeting to discuss the aforementioned actions by the Hawaii County Council,
Body Politic, in apparent violations of the letter and meaning of THE
CONSTITIUTION OF THE STA "l'E OF HAWAII, ARTICLE 1, BILL OF
RIGHTS, to insure to the people that their elected representatives have a clear
understanding of their oblations as prescribed by 85 -32, HRS, & 13 -5, HC
Charter, COUNTY OF HAWAII, OATH OF LOYALTY /OFFICE
Thank you for your attention in thin matter.
Sincerely, .
D an A. Cole
Attached:
Draft minutes of December 2, 2009 Hawaii Council meeting, pages, cover
page, 92, 133,134,135, 136, 137, 138, &, 139.
MEMORANDUM, SUBJECT: Report from Ad Hoc Committee Relating
to the 2010 -2011 Budget. Comm. No. 628 -6, ref. Date MAR 3 2010
Black's Law Dictionary, Eighth Edition, definition of "gang"
Continued next page:
6.
THE CONSTITUTION OF THE STATE OF HAWAII, ARTICLE 1, BILL
OF RIGHTS, Sections 1 -5.
Hawaii Revised Statutes, HRS §707 -764 Extortion, (1)(f)(k), (2)
Hawaii Revised Statutes, HRS §707-760 definitions, (1) "An extortionate
means"
April 15, 2008 letter from Council Member J Yoshimoto, to the Honorable
Edward H. Kubo. Comm. No. 590.1, Ref. Date DEC 02 2009
United States Code, title 18 > Part I . Chapter 13 > §241. Conspiracy
against rights, & , §242 DEPRIVATION OF RIGHTS UNDER THE COLOR OF
LAW.
18 U.S.C. §1512. Tampering with a witness, victim, or an informant. (2
pages)
June 5, 2008 letter from Council Member Emily I. Naeole, to Dan A. Cole.
COUNTY OF HAWAII, OATH OF LOYALTY /OFFICE
7.
(Note: These minutes are in draft form and have not yet been approved by the Council.)
• REGULAR SESSION
HAWAII COUNTY COUNCIL
28 Session
25 Aupuni Street
Hilo, Hawai`i
December 2, 2009
INVOCATION: Reverend Larry Walter gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order by
ORDER: Chair and Presiding Officer J Yoshimoto, at 9:12 a.m., in the Council Room,
Hawai`i County Building.
ROLL CALL
PRESENT: Council Member Guy Enriques
Council Member Brenda Ford
Council Member Kelly Greenwell
Council Member Pete Hoffmann
• Council Member Donald Ikeda
Council Member Emily I. Naeole - Beason
Council Member Dennis "Fresh" Onishi
Council Member Dominic Yagong
Council Chair J Yoshimoto
Also Present: Kenneth Goodenow, County Clerk
Donna Lynn Goodenow, Council Services Assistant II
Levi Hookano, Legal Specialist
Glynis Yamada, Council Services Supervisor
Drake Okinishi, Council Leg. Asst.
Rodney Oshiro, Dep. County Clerk
Joycelyn Iyo, Leg. Info. and Reference Tech.
Pauline Kakugawa, Clerk III
ValerieSue Carron, Clerk III
Arlene Boteilho, Council Services Assistant II
Amy Miwa, Council Leg. Asst.
Kareen Forissier, Council Leg. Asst.
Barbara Camarena, Council Aide
Alan Parker, Executive on Aging, Ofc. of Aging
Shelly Ogata, Council Aide
Joyce Unoki, Accountant I
Hawaii County Council — 28 December 2, 2009
OTHER
BUSINESS:
7
DAN COLE: The Chair called on Mr. Dan Cole, who made a statement regarding Bill 166
(oppose) and related Communication 590 (oppose).
RECESS: At 3:26 p.m., the Chair called for a recess.
i`As'y
RECONVENE: The meeting reconvened at 3:44 p.m.
RETURN TO The Chair directed the Council to return to the regular order of business.
ORDER OF
BUSINESS:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
RESOLUTION Urges Hawai`i State and Federal Legislators to Amend Vaccine Laws to Include
NO. 237-09 the Right of Medical, Religious, and Philosophical Exemption from Any
(DRAFT 4) Vaccination Program. {Recommends that State and Federal officials amend
(HSEDC -3) vaccine laws to include medical, religious, and philosophical exemptions from
(COMM. 525.23): any vaccine program, as well as any vaccine known to contain harmful viruses or
materials known to prompt autoimmune diseases or cancer risks shall provide
cause for exemption for any person who desires such exemption.} (Introduced
by Ms. Naeole- Beason; held over pursuant to Council Rule 25(e) on October-21
and November 18, 2009.)
There is a pending motion by Ms. Naeole and duly seconded by
Mr. Yagong to approve Resolution 237 -09, as amended
(Draft 4).
CHR. YOSHIMOTO: Okay. There is a pending motion, so it's live on the floor.
Let's see, Ms. Naeole, did you want to start, or—
MS. NAEOLE - BEASON: Sure.
CHR. YOSHIMOTO: Go ahead.
MS. NAEOLE - BEASON: I just wanted to say that some people —well, earlier J
had a question to me and so I wanted to call RJ Hampton up because the things is
I want my Colleagues to be clear in—if they have any questions. So, J had a
question that he put out to me earlier, and I told him that he needs to ask RJ the
mana `o so that he can make the right decision for what he knows.
Page 92
DENNIS "FRESH" °NISHI! .• �; cf h Phone: (808) 961 -8571
Council Member . �''' {'�',,� , Fax: (808) 961 -8912
• Council District 4 c - ;' ,\ . Entail: donishiaco.haWaii.hi.us
Hawai '1 County Council
County of Hawai `i
25 Aupuni Street Hilo. Nawai'1 96720
r..,
ca
0 c '
MEMORANDUM, C i-3 a) a,
r m I I r t"',
TO: J Yoshimoto, Council Chair 0.
and Council Members zr-r Fri
FROM: Dennis "Fresh" Onishi, Council Member V"" _..
DA'L'E: March 1, 2010
SUBJECT: Report from Ad Hoc Committee Relating to the 2010 -2011 Budget .
The Ad Hoc Committee has met with the following department heads and their staff:
Civil Defense, Corporation Counsel, Data Systems, Environmental Management, Finance, Fire, -
1-Iuman Resources, Housing & Community Development, Mass Transit, Office of the Mayor,
Parks & Recreation, Planning, Police, Public Works, and Research & Development.
The Committee has determined that all the departments are taking measures to reduce expenses in
preparation of the 2010 - 2011 budget. Specifically targeted are overtime costs, the hiring of new
personnel, the reduction of contract hires, the reduction of travel expenses, and decreasing the number
of vacant funded positions.
Therefore, the Committee makes no recommendations at this time.
Thank you.
DOtkk
Cam fo28 • to
Serving the htterests of the People of Our Island r
tlawai'i County is an Equal Opportunity Provider and Employer Ref. Toy f4..
cet n..3. MAR 1
w,<
Hawai`i County Council — 28 December 2, 2009
;F- ORDINANCE Amends Ordinance No 09 -64, as Amended, the Operating Budget for the
BILL NO 166 County of Hawai`i for the Fiscal Year Ending June 30, 2010. {Appropriates
(COMM. 590): revenues in Federal Grants – Federal Emergency Management Agency (FEMA)
Digital Flood Insurance Rate Maps (DFIRM) Grant ($71,300); appropriates
same to FEMA DFIRM Grant. Funds would be used towards the purchase of
equipment and would reimburse the County Data Systems Department's Graphic
Information System Division for preparing the revised DFIRMs.} (Introduced
by Mr. Onishi; passed First Reading on November 18, 2009.)
Mr. Onishi moved for the passage of Bill 166 on second and final
reading. Seconded by Ms. Naeole- Beason.
CHR. YOSHIMOTO: Any discussion? Ms. Ford.
MS. FORD: I'd like to call Mr. Ashida forward. Mr. Cole has been sending
information to all of our offices, and we—but what really concerns me about
these DFIRM's that we're doing —I don't have a problem with us helping the
Feds. by doing this —the concern I have, is we've had public testimony about the
Waiakea -Uka area and bulldozing a change in the floodplain and the streambeds
that go down. And I'd like to hear from Mr. Ashida about the allegations made
by Mr. Cole and also the fact that there has been public testimony separate from
Mr. Cole on the Waiakea -Uka —I think that's your district, isn't it? You've been
out there. That streambed has been changed.
CHR. YOSHIMOTO: I—
MS. FORD: They've blocked it somewhere. They're diverting water in a
different direction from the historic thing. So, Mr. Ashida, can you enlighten us
please?
(At this time, Mr. Lincoln Ashida, Corporation Counsel, Office
of the Corporation Counsel, came forward to address the
Members of the Council.)
MR. ASHIDA: No, Ms. Ford, I apologize. I'm not, I think, comfortably familiar
with the details of the particular issue, I think, to intelligently, I think, address
your concerns. If you have specific questions, just e -mail my office. We have
our DPW attorneys who are specifically assigned to take care of the particular
stream that you're talking about, and we can get you that information.
MS. FORD: Okay. I'm going to yield here in just a second. I think we need to
postpone this and get the DPW in here and address these issues, because I am
concerned about Mr. Cole's allegations. But I'm more concerned about other
members of the public who have testified about the flooding issues and the stream
Page 133
Hawai`i County Council – 28 December 2, 2009
diversion that's gone on up there, and if it's —and it's been more than one person
who's testified to this Council about that. So, we're starting —we may be starting
from a basis of —where was I—a streambed that doesn't—it doesn't exist
anymore, and it's been diverted someplace else. I'm a little —I'm very worried
about this. These FEMA maps need to be accurate, but they need to be—we need
to be fair about this whole thing. So, I'd like to yield at this point, but I'd like to
postpone it and I'll take care of that later.
CHR. YOSHIMOTO: Okay. Ms. Ford, I'm just trying to clarify, so— because
Bill 166 addresses funds used towards the purchase of equipment, which would
reimburse County Data Systems. So, I'm not sure the purchase of equipment to
conduct digital maps —
MS. FORD: I understand what you're saying. I'd love to get the equipment in to
our County—
, CHR. YOSHIMOTO: Yeah.
MS. FORD: But I'm having some issues about what Mr. Cole was alleging
against the County. And this is specifically supposed to address, if I understand it
correctly, the Waiakea -Uka area. So, I'd just like to have some representation
from Public Works here to explain what's going on in the Waiakea -Uka area, as
it I' m really concerned about it. I don't have a problem taking grant money at
any time.
CHR. YOSHIMOTO: Right, right, yeah.
MS. FORD: But there's some serious allegations going on here. So—
CHR. YOSHIMOTO: Well, okay, because we need to focus on what's on the
agenda. And for Sunshine Law issues, Ms. Ford, I'm just trying to make sure
we're on track, because if we're going —
MS. FORD: I understand.
CHR. YOSHIMOTO: Beyond the scope of this particular item, then we would be
violating the Sunshine Laws.
MS. FORD: I understand.
CHR. YOSHIMOTO: Yeah. So, anyway, Mr. Yagong.
MR. YAGONG: Yeah, thank you, Mr. Chairman. I guess the relevance to what
Ms. Ford is saying, though, I think is due to the public testimony, though, because
the public testimony directly states— stated —and if—I hope I'm not saying this
Page 134
Hawai`i County Council — 28 December 2, 2009
incorrectly —that if we do accept the funding for this particular grant and do the
FIRM mapping— remapping while there is pending litigation in terms of the
stream up there, then we would be in some sort of violation. And I don't know,
but that's where I think what Ms. Ford is asking, I think is appropriate where we
would have someone from Public Works and Mr. Ashida would have more time
to look into the matter. Because certainly, Mr. Ashida, are you aware of any
pending litigation in regards to the flooding that took place up in this particular
area?
MR. ASHIDA: My recollection, and I cannot say conclusively but just my
recollection of, I was under the impression that those claims had been resolved.
But I may be wrong. So, please don't hold me to that.
MR. YAGONG: Okay.
MR. ASHIDA: But I can check.
MR. YAGONG: `Cause I think what I heard Mr. Cole say, was that there is
immediate pending litigation. So, Mr. Chairman, I'll yield the floor, but I want
to—I do hear what you're saying, though. This is to purchase equipment. I hear
that, but at the same time, we want to make sure that we don't step into something
that we regret later.. Thank you.
•
CHR. YOSHIMOTO: Okay. Well, why don't we have staff contact someone
from Public Works, because I think it's a very straightforward issue. It's not as
• complicated as some people make it out to be. We need to get to the facts and
move on. So, that would be my suggestion. So, in the meantime, if someone
from staff could call Public Works, we can just resolve it right away.
MR. YAGONG: Right.
CHR. YOSHIMOTO: Ms. Naeole, go ahead.
MS. NAEOLE- BEASON: Yes. I just want to say, it's been three long years that
I've been dealing with the testifier and just been hounding me for three years.
_ And I had nothing to do with anything, but it seems like I'm a crook. But—so,
every time I talked earlier about issues about anger, and so I just wanted to say
that I know, Brenda, you think that something is still going on in the Court
process. We're not too sure, but for three years I've been hounded about this
same issue, and I have not—had nothing to do with anything. But I just wanted to
say that I believe —we all talk about money, budget, somebody throwing in our
hand $71,300 —I think we should grab it, and that's my mana `o. Mahalo.
CHR. YOSHIMOTO: Okay, thank you, Ms. Naeole. Mr. Greenwell.
Page 135
Hawai` i County Council — 28 December 2, 2009
MR. GREENWELL: Well, I don't think it hurts. I think we need to be cautious
on this thing, because there is —that fellow that came inhere and testified was
angry, and it may cost us an awful lot more just defending ourselves in the sense
that he is entitled to his day in Court, so to speak. And if he takes it, win or lose,
it's going to cost us a good deal of money. So, I would prefer that if —I don't
want to get into an aiding and abetting situation. Let's just, next meeting, have
somebody come in here, postpone this thing, and put it to bed. So, I would hope
that we would vote to postpone. Thank you.
CHR. YOSHIMOTO: Okay, thank you, Mr. Greenwell. Ms. Ford.
Motion for Ms. Ford moved to postpone Bill 166 to the next Council meeting. Seconded by
Postponement: Mr. Yagong.
CHR. YOSHIMOTO: Okay, there's a motion and a second to postpone. Any
discussion? No discussion? Well, okay, my thought process on this is that
Ms. Naeole and I, I guess, have separately received communications from
Mr. Cole that have been —I'm trying to use the correct word here —but it has no
merit, and I'm not willing to allow someone without any reasonable basis for
claim to change the action of the Committee and the Council. So, I will not
support a postponement.
This is purchasing equipment for digital imaging for flood maps. That's what we
need. It's a simple process. It's not complicated. And I don't want to get into
any further discussion on it. Well, I will just state that for the record. It's simple.
It is what it is. And, Council Members, if you have any questions, please by all
means ask me. But anyway, Mr. Ikeda, go ahead.
MR. IKEDA: Yes. I, too, won't support the postponement, because I couldn't
understand why don't we want to take the reimbursement for the maps. All it is,
is for the, it says, for graphic information system for the County Data System
Department graphic information. So, all it is, is reimbursement. I don't know
who the gentleman was, Mr. Cole, and I don't know what his credentials are. But
like I said, it has nothing to do with what he was talking about, about causing the
flooding or anything like that. Because we—I don't know anything about the
flooding that he's talking about or the destruction of the flow. But this is —this
has nothing to do with it. It's strictly about the reimbursement for the maps.
CHR. YOSHIMOTO: Okay.
MR. IKEDA: So, I will not support postponement.
CHR. YOSHIMOTO: Thank you, Mr. Ikeda. Mr. Hoffmann.
Page 136
Hawai`i County Council – 28 December 2, 2009
MR. HOFFMANN: Thank you, Mr. Chairman. I, too, won't be supporting any
postponement. It —this seems to be very clear. But I'll tell you one thing, I rarely
have any comments about testifiers coming before us. And I have no clue what
the issue is between yourself, Mr. Chairman, or Emily and Mr. Cole. But I refuse,
honestly, to sit here and be called a clown by this testifier or any other testifiers
when we had a very good discussion on a whole, on perhaps the most critical -
issue this Council will face. When a testifier comes before me and tells me I'm a
bunch of clowns sitting here on in that type of a thing, I honestly can give him
no credibility. What he was talking about has nothing to do, as I see it, with
Bill 166. Mr. Chairman, I'm surprised you didn't call him out of order. I
recognize the problem you had if you did that, but he was not speaking on this
issue at all. I will not vote for a postponement under these circumstances. Thank
you.
CHR. YOSHIMOTO: Thank you, Mr. Hoffmann. Ms. Naeole.
MS. NAEOLE - BEASON: Yes. Even me, I will not be supporting the
postponement because, like I said, for three long years I had nothing to do with
anything. And I feel like I was wondering if he went harass the Council Member
before me before I came along. So, because for three long years every time I turn
one corner, he was harassing me and I had to call Lincoln and try to ask for help,
and I see him in the neighborhood and he's drinking a beer, and he always
shooting —I mean, he shooting anger, always shooting anger at me—I never do
nothing —so, I not supporting this postponement. Sony. Thank you.
CHR. YOSHIMOTO: Thank you, Ms. Naeole. Mr. Greenwell.
MR. GREENWELL: Okay, I will vote with my Colleagues on this issue. I think
they have very good points. I just wanted us to be sure that we recognize the fact
that we are dealing, if I may, with somebody here who could create a situation
which would get us into a Court. And even if we won the case, it would cost us
money and more grief and more bad press. So, I wanted to err on the side of
caution if we were erring at all. But I think, thinking this thing through solidly,
yes, that we are just going to accept some money for some purpose which has to
do with mapping the grounds. So, I will con — whatever the word is but I'll 'oin
x _ the gan • Thank you .
d : 1, ' V z 4 ' .!..":"k -4 ;:f . -
=r ' ii • I • : 1. you, Mr. Greenwell. Mr. Enriques.
MR. ENRIQUES: I won't be supporting this also. And I do want to encourage
our Chair. I did catch that comment, and in fact, it floored me so much that I
wasn't sure, is that what he really said? But I think this is not an area for us to
accept that kind of behavior or that kind of name calling. And I would encourage
you to address that immediately if that happens again or anything like that, and
- stop it at that point so that others who may be watching will understand what
Page 137
+
gap -filler
3 wooden frame
consisting of two upright season. 16 - LUSCA §§ 661 -667; 18 USCA §$ 41-47. r
:` ' Ord ._ a crossbeam, from which condemned [Cases: Game]
. ,,...1„.,-.....1 1._. - - --
( Hest 1. A child }corn gamete nztrafallop A procedure M which
. Kern to betrothed but mature are implanted in a woman's fallopian
tubes and famed with semen — Abbr. GIFT. —
'�; Also termed amde in
COTE L\'IRAF ta3PIAY atlapian-tube transfer. CE zY
_NI5 .'1rnFICrAt nvsEaazNk
� .
something of value, TtaN; L VITRO FEXrrr r, p _
i a prize. • Gambiing gaming. Seeca3ent.LCG.
leral law. 18 USCA gaming contract See gambling contract under eoiv-
ganting. See coantox TRACT.
inducted by a Feder- device. See G 1�SaLLVC DES'ICE
nd regulated by fed_ gamiaglrouse. See GAltt3t L`G PLACE
® gaming roonh. See GL.LNG PUCE.
:,,,_,,,::-
�{ as cards, dice, or an d $ ci �), adj. 0& relating to or consist
vance, that allows a
u > ' See PROPERTY. [Cases: Husband
Wife
ice in which money and Wi�246- 276('9) -]
devices are regular "The Spanish [more f the Cas�anj Corm of cent-
�.. • , •, a gambling
Y caked the
V `rrn devic ! in�smses of the S a aaJ -
• me tai and South Amerk:a,
momvealth of Puerto Rico and Ihe Philippine
the ' d ,- occurs_ Ro L M Boykofl C y �
m) gust in a 10 izd ed. yeast.
• !y • and +. G & A. abbr. See general adze under Ex
PEN•SE- expense
A do- . tin. gang. group °uP of persons who go about together or
act in concert, esp. for antisocial or criminal
51 . - poses. • Many gangs (esp. those made up of adobes -
)rt; ; cents) have common identifying signs and symbols,
C 1.1:1 h ,, e such as hand signals and distinctive colors. — Also
tent . ' e, termed street gang.
a _ b Q . or gangl The world of criminal gangs and organized
w crime-
e ou ,, e is deter gangster. A member of a criminal d' or an or
tiN
H. t.. GAMIDLL\G DE- nized -crime syndicate_ g
iolo to be such merely be �s syndrome (gahn - zar or gait An abnor
V s� by the players, nor characterized by the giving of irrelevant and cause eseen at times ... tfteir nonsensical answers to questions. • Prisoners have
accident,
Cgd cases, aye
been 'mown to feign this syndrome in an attempt to
try r it an ste r�eM obtain leniency -
It which of these is the gantlet ( lit). [fr. Swedish
Al 'es the resuh of the [ gars p awe" + low
r{ ' is the of course'] 1. Hiss. A former military punishment in
t of alas of the p which the offender was stripped to the waist and
i is one of chance or forced to run between two rows of soldiers who gave
i 4. at 109 (1968). him lashes as he
passed. Y. A series of severe thou-
ch the outcome is bles or difficulties; an ordeaL — Also spelled gauntlet;
rior knowledge or (archaically) gantlope-
GAO. abbr. GEAIERALACCOUNTING OFFICE
ace from which the gaol. See tan..
laced as a percent
the sums won • gaol delivery. See Jan. DELIVERY.
many states. gaOjm. See ;atria/.
take.
gao13es. SeeJAn Lint irtzES.
m e, esp. one that forbids the capturing gap. See G.11 won.
:pacified game either entirely or season-
gap creditor. See cttmnrroa..
the means for killing or capturing gap A rule that h
Y =3, or restricts the number and o f the supplies a contractual term that
drat ma captured in par failed to include in the contract • For
y be killed or
caP example, if the contract does not contain a sales
i
c.
Hawai`i Co ,ty Council –28 December 2, 2009
we're willing to accept. And that, to me, is unacceptable. I agree with
Mr. Hoffmann on that issue. Thank you.
CHR. YOSHIMOTO: Okay. Mr. Enriques, Mr. Hofnann, I appreciate those
comments because it gives me a better sense of what the Council Members
believe is appropriate. And I agree with you that it was inappropriate. And many
times, receiving public testimony, yeah, it's difficult because we try to be as
respectful as we possibly can; and we have been. I think we clearly have been.
And members of the public, they have their own views. And that is the challenge
that we all face as elected officials. But I will take those comments to heart, and I
will do my best to address those. Mr. Yagong.
MR. YAGONG: Can anyone on this Council answer the question: is it legal for
us as a County to change the FIRM map if there is pending litigation on the
current mapping? If the answer that you have is no, you don't know the answer to
that, then we should, before making a decision to accept this money, ask Public
Works and—or because, again, I just don't want to—yes, this is $71,000 and I'd
like to take it, but I don't want to put us into a situation where we're accepting
monies that allows for a process to happen that turns out to be illegal. So, I will
be supporting the postponement.
CHR. YOSHIMOTO: Okay, thank you, Mr. Yagong. Ms. Naeole.
MS. NAEOLE - BEASON: I'm not too sure but I think everything has gone
through. He lost and but he still wants to live in the past. Well, that's what I
think. Because for three years, I've been getting harassed, big time. And I feel
that it's already is pau. The Court had made their decision, and so--and he don't
want to give up. That's what I— that's in my heart.
CHR. YOSHIMOTO: Okay, thank you. Mr. Clerk, the issue of postponement,
roll call.
The roll call vote, was as follows:
AYES: Council Members Ford and Yagong – 2.
NOES: Council Members Enriques, Greenwell, Hoffmann,
Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto – 7.
ABSENT: None.
EXCUSED: None.
CHR. YOSHIMOTO: Okay, motion fails. Back to the main motion. Any further
discussion? If not, Mr. Clerk.
Page 13 8
Hawai`i County Council —28 December 2, 2009
The roll call vote on Bill 166, was as follows:
AYES: Council Members Enriques, Greenwell, Hoffmann,
Ikeda, Naeole- Beason, Onishi, and Chair Yoshimoto — 7.
NOES: Council Members Ford and Yagong — 2.
ABSENT: None.
EXCUSED: None.
(For informational purposes, Ms. Ford voted "kanalua" and
"no. ")
CHR. YOSHIMOTO: Okay, thank you. Bill 166 passes second and final
.reading.
t fIEREB I CERTIFY that above la
true and correct copy of the original
*ow on file in my office.
County Clark
Page 139
THE CONSTITUTION OF THE STATE OF HAWAII
ARTICLE I
BILL OF RIGHTS
Note
For proposed constitutional amendment to Article 1, see Act 60 on page 301 of the 2004 Session
Laws of Hawaii.
POLITICAL POWER
Section 1. ALL potiticai power of this State is inherent in the people and the responsibility for
the exercise thereof rests with the people. All goverrdnent is founded on this authority. [Am
Const Con 1978 and election Nov 7, 1978]
RIGHTS OF INDIVIDUALS
Section 2. All persons are free by nature and ale equal in their inherent and inalienable rights.
Among these rights are the enjoyment of Life, liberty and the pursuit of happiness, and the
acquiring and possessing of property. These rights cannot endure !unless the people recognize
their corresponding obligations and respor>s rties. (Am Const Con 1978 and election Nov 7,
- 1978]
•
EQUALITY OF RIGHTS
•
Section 3. Equality of rights under the law shaft not be denied or abridged by the State an
accarxet of sex. The legislature shall have the power to enforce, by appropriate legislation, the
provisions of this section. (L 1972, SB No 1408 -72 and election Nov 7, 1972; ren Const Con 1978
and election Nov 7, 1978]
FREEDOM OF RELIGION, SPEECH, PRESS, ASSEMBLY AND PETITION
Section 4. No law shalt be enacted respecting an establishment of religion, or prohibiting the
free exercise thereof, or abridging the freedom of speech or of the press or the right of the
people peaceably to assemble and to petition the government for a redress of grievances. [Ren
and am Const Con 1978 and election Nov 7, 1978]
DUE PROCESS AND EQUAL PROTECTION
Section 5. No person shall be deprived of life, liberty or property without due process of law,
nor be denied the equal protection of the taws, nor be denied the enjoyment of the person's
civil rights or be discrindnated against in the exercise thereof because of race, religion, sex or
ancestry. [Ren and am Const Con 1978 and election Nov 7, 1978]
HRS Page l of 2
§707 -764 Extortion. A person commits extortion if the person
does any of the following:
(1) Obtains, or exerts control over, the property or services of
another with intent to deprive another of property or
services by threatening by word or conduct to:
(a) Cause bodily injury in the future to the person
threatened or to any other person;
(b) Cause damage to property or cause damage, as defined in
section 708 -890, to a computer, computer system, or
computer network;
(c) Subject the person threatened or any other person to
physical confinement or restraint;
(d) Commit a penal offense;
•
(e) Accuse some person of any offense or cause a penal
charge to be instituted against some person;
(f) Expose a secret or publicize an asserted fact, whether
true or false, tending to subject some person to
hatred, contempt, or ridicule, or to impair the
threatened person's credit or business repute;
(g) Reveal any information sought to be concealed by the
person threatened or any other person;
(h) Testify or provide information or withhold testimony or
information with respect to another's legal claim or
defense;
(i) Take or withhold action as a public servant, or cause a
public servant to take or withhold such action;
(j) Bring about or continue a strike, boycott, or other
similar collective action, to obtain property that is
not demanded or received for the benefit of the group
that the defendant purports to represent; or
(k) Do any other act that would not in itself substantially
benefit the defendant but which is calculated to harm
substantially some person with respect to the
threatened person's health, safety, business, calling,
career, financial condition, reputation, or personal
relationships;
(2) Intentionally compels or induces another person to engage in
conduct from which another has a legal right to abstain or
to abstain from conduct in which another has a legal right
to engage by threatening by word or conduct to do any of the
actions set forth in paragraph (1)(a) through (k); or
(3) Makes or finances any extortionate extension of credit, or
collects any extension of credit by extortionate means. [L
1979, c 106, pt of §1; am L 2001, c 33, §3]
Case Notes •
In RICO action, plaintiff did not satisfy essential element of
extortion and failed to establish attempted extortion regarding
defendant's letter to plaintiff. 855 F. Supp. 1156.
http: / /www. capitol .hawaii.gov /hrs2007/Vo114 Ch0701- 0853/HRS0707/HRS_0707- 0764.htm 2/8/2010
House Bill Page 1 of 1
[PART VII.] EXTORTION
§707 - 760 Definitions. For the purposes of this part:
(1) "An extortionate means" is any means which involves the use,
r an express or implicit threat of the use, of violence or other
criminal means to cause harm to the person, reputation, or property of
any person.
(2) "Creditor ", with reference to any given extension of credit,
refers to any person making that extension of credit, or to any person
claiming by, under, or through any person making that extension of
credit.
(3) "Debtor ", with reference to any given extension of credit,
refers to any person to whom that extension of credit is made, or to
any person who guarantees the repayment of that extension of credit,
or in any manner undertakes to indemnify the creditor against loss
resulting from the failure of any person to whom that extension of
credit is made to repay the same.
(4) "Repayment of any extension of credit" includes the
repayment, satisfaction, or discharge in whole or in part of any debt
or claim, acknowledged or disputed, valid or invalid, resulting from
or in connection with that extension of credit.
(5) "To collect an extension of credit" means to induce in any
way any person to make repayment thereof.
(6) "To extend credit" means to make or renew any loan or to
enter into any agreement, tacit or express, whereby the repayment or
satisfaction of any debt or claim, whether acknowledged or disputed,
valid or invalid, and however arising, may or will be deferred. [L
1979, c 106, pt of §1; am L 1980, c 232, §38]
Previous Vo114 Ch0701 -0853 Next
http: / /www. capitol .hawaii.gov /hrscurrent/Voll4 Ch0701 -0853/ RS0707/HRS 0707 - 076... 7/14/2009
! .
g5
7, 1
ii . A REC'7 NED.
. .
i /1 28N BEC 2 PM VI c:.
. ,
. . • E: . , COUr‘l r CLERK - A
COUNTY t F HAWAII di- 1
al ' tij 11
I
,
...., . , 11 1.1 . 1g
#1 t/ . 1 if
p 1 fij
I ill
4 6,110riivf , 4 ,. . 1 g v
, .,.... ,
. ,.. .8 , • ,
htt 11
—IIP
§ NI r. 11 . Lola 4
1 1 1
ill Otti I 1
. q Wil I 11
., 1 101 1 . . 114 4°1p 11 PQ
4 1
4
t 1 hi
ill ./ 10mA 1 1 ht : hi if
. .
. ,
. . .. P.T.4
. .
United States Department of Justice
C1 VIL RIGHTS DIVISION
TITLE 18> PART I > CliAPTER 13 > § 241
§ 241. Conspiracy against rights
If two or more persons
conspire to injure, oppress, threaten, or intimidate any person in any State, Territory,
Commonwealth, Possession, or District in the free exercise or enjoyment of any right or
privilege secured to him by the Constitution or laws of the United States, or because of his
having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with
intent to prevent or hinder his free exercise or enjoyment of any right or privilege so
secured—
They shall be fined under this title or imprisoned not more than ten years, or both; and if
death results from the acts committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or
imprisoned for any term of years or for life, or both, or may be sentenced to death.
DEPRIVATION OF RIGHTS
UNDER COLOR OF LAW `
lY
TITLE 48, U.S.C., SECTION 242 Section 242 of Title 18 makes ti a crime fora person ^
Whoever, under color of any taw, acting under color of any law to willfully delve a i w
Y person of a right or privilege protected by the
' statute, ordinance, regulation, or Constitution or laws of the United States.
custom, wflffuffy subjects any person in
any State, Territory, Come ►eafth, "
Possession, or District to the � the � Section 242, acts under color of
law" include acts not only done by federal, state, or local
deprivation of any rights, privileges, or officials within the their lawful authority, but also acts
immunities secured or protected by the done beyond the bounds of that official's lawful
Constitution or laws of the United authority, 8 the acts are done while the official is
States, ... shall be fined under this title pig to or pretend to act in the performance of
or imprisoned not more than one year, hisiher official duties. Persons acting under color of law
or both; and if bodily injury results from within the meaning of this statute include police officers,
the acts committed in violation of this prisons guards and other law enforcement officials, as
section or if such acts include the use, well as Judges, care providers in public health facilities,
attempted use, or threatened use of a and others who are aging as public officials. It is not
dangerous weapon, explosives, or fire, nary that the crime be motivated by animus
shall be fined under this title or toward the race, cot, religion, sex, handicap, familial
imprisoned not more than ten years, or s or national origin of the victim.
both; and if death results from the acts
committed in violation of this section or The offense is punishable by a range of imprisonment
if such acts include kidnaping or an up to a life term, or the death penalty,
depending upon
attempt to kidnap, aggravated sexual the circumstances of the crime, and the resulting injury,
abuse, or an attempt to commit if any. -
aggravated sexual abuse, or an attempt
to kill, shall be fined under this title, or
Imprisoned for any term of years or for
life, or both, or may be sentenced to
death.
. US CODE: Title 1 8,1512. Tampering with a witness, victim, or an informant . Page 1 of 4
( 7 ` ; )r" ni4t!r it\
t.a[ - Sc hoof Search Law School Search Cornell
LII / Legal Information Institute
U ,S. Code collection
TITLE 18 > PART I > CHAPTER 73 > § 1512
§ 1512. Tampering with a witness, victim, or
an informant (a)
(1) Whoever kills or
attempts to kill another person, with intent to—
.(A) prevent the attendance or testimony of any person in an official
proceeding; -
(B) prevent the production of a record, document, or other object, in an
official proceeding; or -
(C) prevent the communication by any person to a law enforcement officer
or judge of the United States of information relating to the commission or
possible commission of a Federal offense or a violation of conditions of
probation, parole, or release pending judidal proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat of physical force against any
person, or attempts to do so, with intent to—
(A) influence, delay, or prevent the testimony of any person in an official
proceeding;
(8) cause or induce any person to—
(1) withhold testimony, or withhold a record, document, or other object,
from an official proceeding;
(i1) alter, destroy, mutilate, or conceal an object with intent to impair
the integrity or availability of the object for use in an official proceeding;
(111) evade legal process summoning that person to appear as a
witness, or to produce a record, document, or other object, in an official
proceeding; or
(iv) be absent from an official proceeding to which that person has been
summoned by legal process; or
(C) hinder, delay, or prevent the communication to a law enforcement
officer or judge of the United States of information relating to the commission
or possible commission of a Federal offense or a violation of conditions of
probation, supervised release, parole, or release pending judidal proceedings;
shall be punished as provided in paragraph (3). -
•. • . 11 Y i 1 11 n [__ _. _ _ _ _ 1 0 AAAA1 t1 " AAA 'La+_) ^7 7^7 "AAA
US CODE: Title 18,1512. Tampering with a witness, victim, or an informant . Page 2 of 4
(3) The punishment for an offense under this subsection is—
(A) in the case of a killing, the punishment provided in sections 1111 and
1112;
(B) in the case of—
(1) an attempt to murder; or
= (ii) the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C) in the case of the threat of use of physical force against any person,
imprisonment for not more than 20 years.
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another
person, or attempts to do so, or engages in misleading conduct toward• another person,
with intent to--
(1) influence, delay, or prevent the testimony of any person in an official
proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a record, document, or other object,
from an'official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the
object's integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or
to produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been .
summoned by legal process; or
•
(3) hinder, delay, or prevent the communication to a law enforcement officer or
judge of the United States of information relating to the commission or possible
commission of a Federal offense or a violation of conditions of probation j1]
supervised release„ t parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object,
- or attempts to do so, with the intent to impair the object's integrity or availability
for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or
attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
(d) Whoever intentionally harasses another person and thereby hinders, delays,
prevents, or dissuades any person from—
(1) attending or testifying in an official proceeding;
httn_// www4 .law.cornel.edu/uscode/18/usc sec 18 00001512-000-.html 7/7/2009
Ernily L Naeole
Council Member :
Mailing Address: Business Ada
(F ►� 333 aAvenue. Second Floor
25 Attired Sift Ben Franklin Molding
Rio Hawai t 96720 Frio. Hawaii 96720
Hawai `i County Council
County ofHawai'i
Telephone (808) 961-8267 Facsimile: M8) 961 -5912
June 5, 2008
To: Dan A. Cole - - - - - - _ _ . _ _ _ .. _ _ _ - --
P. O. Box 630
Keaau, HI 96749
Aloha Dan A. Cole:
Thank you very much for writing to me about your concern. I appreciatz your letter and will
follow -up regarding your 'o-
As of today, all complaints regarding Janet L Kamerman, Jay T. Kimura, Lawrence K.
Mahuna, Mr. Albert R. Gonzales, Edward H. Kubo, J, Stanley Yoshimoto, and All
COUNCILMEMBERS has been referred to Chairperson Pete Hoffmann. ` •
Again, I thank you and I hope this concern be resolved as soon as possible.
Mahalo Nui Loa,
d 4,4,4)
0
Emily L Naeole • - M
Council Member, 5 Distinct
glk
•
Hawari County is an Equal Opportunity Provider and Employer
tTY OF HAWAN
OATH OF LOYALTY /OFFICE
Pied by 85-3Z HRS. & 13-5, HC aver
•
STATE OF HAWAII,
tom.
COUNTY OF
I' , do solemnly swear (or affirm) that I will
support and :defend of the United States and the Constitution of the State of Hawaii, and that
1 will faithfully do my duties as
to the best of my ability. So help me God (and so 1 do-affirm).
Subscribed and sworn to before me this
day of , 19
Notary Public, s Judicial signature of Officer or Employee
Circuit, State of Hawaii
My Commission Expires: .
Filed , 19 .
Filed , 19
Civil Service Common
Date of entrance on duty of Department Head
Department or Establishment
•
•
•