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HomeMy WebLinkAboutCOM 0972.007 2008-2010 FROM: Dan A. Cole �,'r t, P.O. Box 630 Keaau, Hawaii 96749 RE: Testimony IN OPPISITION to Bill 311; Before the Hawaii County Council, November 17, 2010. Aloha Hawaii County Council, and Members of the Public; The County of Hawaii is attempting to violate Sec. 17 of the Securities Act of 1933 to obtain the $20 million to $50 million dollars required to fund the Flood Control Projects identified by Mayor Kenoi in a Hawaii Tribune - Herald article by Nancy Cook Lauer "Mauka development raises flood dangers ". The attached one - hundred -thirty-two, (132), pages provide a history, pattern, and evidence of how an Enterprise of corrupt County, State, and Federal officials conspired to alter the stream beds of the areas in Hilo, Hawaii with over 4,000 cubic yards, (500, 8 yd, dump trucks loads), of material illegally disposed of from the Federally Funded Job -P3535 in 2001. In April 2001 under the authority and supervision of the County of Hawaii, Public Works Department, the County of Hawaii authorized and supervised the construction of non - permitted and non - documented Stream Diversion works from over 500 dump trucks of material to provide Flood Protection to private properties in Hilo resulting in tens of millions of dollars of property damage to private property downstream of the illegal Stream Diversion Works. The County of Hawaii does not dispute it's involvement in these actions, SEE RE: Cole v. County of Hawaii Civil No. 10 -1 -0082, 3rd. Circuit Court, State of Hawaii, and, RE: Cole v. County & State of Hawaii, Civil No. 05 -00325 JMS -BMK U.S. District Court, District of Hawaii. County Officials conspired to produce corrupt and fraudulent FEMA FIRM's, (Federal Emergency Management Agency, Flood Insurance Rate Maps), for the benefit of the Enterprise for land and or property development endeavors. By Federal Law the County of Hawaii is required to present to the Securities & Exchange Commission all information it has pertaining to potential risk, including potential legal liabilities, as identified in the attached 132 pages of the history and patterns of violations of State and Federal statutes from April 2001 to the present that resulted in the tens of millions of dollars of property damage from the February 2008 Flood Event, and other flooding events, and the ongoing expense of millions of dollars to clear slit build up from streams and waterways in the Hilo areas. This Testimony is required by, and in accordance with, Title 18 United States Code, 18 U.S.C. §4 Misprision of felony, made known to Hawaii County Comm. No, ,2 . Ref. Tofteseet� ►-� i 14 nal Ref. Date NOV 1 7 2079 Council, a civil authority under the United States. For violations SECURITIES ACT OF 1933, Sec. 17. (a)(2); 18 U.S.C. § 1344. (2) Bank Fraud; Violations of Hawaii Revised Statutes HRS §707 -764 EXTORTION (1)(e)(f)(i)(k)(2); Violations of Federal RICO Act (Racketeering Influence and Corrupt Organizations Act) 18 U.S.C. § 1961 through 18 U.S.C. § 1968 relating to Extortion 18 U.S.C. §4. MISPRISION OF FELONY. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. Securities Act of 1933, Sec. 17(a) It shall be unlawful for any person in the offer or sale of any securities (including security -based swaps) or any security -based swap agreement (as defined in section 3(a)(78) of the Securities Exchange Act) by the use of any means or instruments of transportation or communications in interstate commerce or by use of the mails, directly or indirectly -- (2) to obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of circumstances under which they were made, not misleading; 18 U.S.C. § 1344. Bank Fraud,(2) Whoever knowingly executes, or attempts to execute , a scheme or artifice - (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; Shall be fined not more that $1,000,000, or Imprisoned not more than 30 years, or both. 2. of 4. 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 threatening by word or conduct to: (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; (i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action; (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 compel or induce 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); PROPERTY: may be defined as a person's State and Federal Constitutional rights and freedoms, such as Freedom of Speech and the Right to Petition the government for a redress of grievances. SERVICES: may be defined as the Testimony of a person before the County Council, identifying imminent, or other peril, to the safety, health, or welfare of the people Current Hawaii County Councilmembers have admitted by their actions, signatures, and/or statements in recorded minutes of Council meetings, and in Court documents, to having committed knowing and knowingly acts and actions of Extortion in 3. of 4. violation of State and Federal RICO Laws, and/or violations of 18 U.S.C. §3. ACCESSORY AFTER THE FACT. 18 U.S.C. §3. ACCESSORY AFTER THE FACT. Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by an Act of Congress, an accessory after the fact shall be imprisoned not more that one -half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one -half the maximum fine prescribed for the punishment of the principle, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. THEREFORE: I PRESENT THIS TESTIMONY IN OPPISITITION TO: BILL 311. 364 -10) Dated: Hilo, Hawaii, November 15, 2010. .‘ eZ___ Dan A. 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' • • .r-:.i.r.-.','■11.'''''''. ,-0.,:',.70::::,,q,,,.r.r:..:';.1,,,..--..:clik.:,.._....=_.>-4._.,=:-...„,: Zf:T41....tay,111--:.2,1J4::-:•-,.•.-.'.9.--.14s..:2-. -- - ...:. -'''''' '.'..'4'..U-''';'---;;:-:-:'-'-:-'1;''''1-1.• --. •. ,. :::. - •- -;- 01 .-- .. - :.„5 - .*...":95t...-. . r .. - - . ::...:....!- -:.!--:,:-..:.:-:.....:'.-.:.-.:.,: . .;...'...,-;-.: •-,.:.',.: .-- .,.... il _.....„ ._ • - I E)(HIBIT I'D" rint Page 1 of 2 From: Dan Cole (cole_hawaii@yahoo.com) To: dyagong @co.hawaii.hi.us; mmitchell @calea.org; hcpdone @ co.hawaii.hi.us; -, Date: Fri, November 12, 2010 1:04:45 PM -; .- f- Cc: wkenoi @co.hawaii.hi.us; bford @co.hawaii.hi.us; dikeda @ co.hawaii.hi.us; = ' donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; _ ' ' c-..) genriques@co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell@co.hawaii.hi.us; oip@hawaii.gov; phoffmann @co.hawaii.hi.us; aphonolulu @ap.org; eric.simmons @dhs.gov; := glennbeck @foxnews.com; jaytkhi@yahoo.com; jbriski @co.hawaii.hi.us; hawaiiag@hawaii.gov,;,) sslagle @nicb.org; wht @aloha.net; Nelly.X.Williams @usace.army.mil; - -- �Y Subject: Hawaii County Police 18 USC 242 Civil Rights Violations & SEC Bond Fraud == w } Aloha Council member Yagong, CALEA Representative Mitchell, and Police Chief Kubojuri. I stopped by the Hawaii County Council Services Office a few days ago and gave County Council member Yagong's Staff Member Barbara some information about the procedures and forms I will be using to notify the U.S. Securities & Exchange Commission of the conspiracy of corrupt County of Hawaii officials to comment a $56M Bond Fraud through omission in a conspiracy and deliberate violation of the Securities Exchange Act of 1934, Sec.17(a)(2). The Hawaii County Police Department has refused and refuses to except any of the four, (4), complaints I have attempted to file between 2004 -2010 identifying organized government corruption and a pattern and history of racketeering activity, Re:18 U.S.C. 1961 Extortion, relating to a conspiracy to defraud the U.S. Government in Emergency Benefits or monies and to create corrupt and fraudulent FEMA Flood Insurance Rate Maps for the Hilo, Hawaii areas for land and property development in FEMA FLood Zones for the benefit of a RICO Enterprise committing violations of the Federal RICO statutes for the benefit of the Enterprise The refusal of the Hawaii County Police Department to except a complaint by a person within the United States is a Deprivation of Rights Under the Color of Law RE: 18 U.S.C. 242 and aids and comforts the Enterprise. I have attempted to bring this information before the Hawaii County Police Commission but all information I present is given the Lincoln S.T.Ashida Hawaii County Corporation Counsel. I have brought this information before the Hawaii County Council and the information was referred to Lincoln S.T. Ashida for review and advice. I have presented Mayor Kenoi's office with this information also which was referred to the Corporation Counsel office with no apparent action taken to protect the public health, safety, or welfare, with the Hawaii County Corporate Counsel's Office advising the Hawaii County Police Department NOT to except any Complaints on the matters. CO http:// us. mg .mail.yahoo.com/dc/launch ?.ax =1 &.rand= b0fdn430iRnOc 1 1 1 1 )i')n1n Page 2 of 2 Lincoln S.T. Ashida has committed by himself and in conspiracy with others a number of acts and actions of Extortion against my person to portray me as mentally unstable or to demean my person for the purpose to influence other government officials, to include the Hawaii County Police Department to deprive me of my State and Federal Constitution rights and freedoms, in violation of HRS 707 -764, where the Hawaii County Corporation Counsel Office has advised the Hawaii County Police Department to deny me any ability to file a Complaint against Corporation Counsel Ashida and other identified corrupt County, State, and Federal Officials in Hawaii that are formed into an Enterprise by and through the adherence to "Local" cultural and ethnic norms and school or other associations that influence, control, and /or extort County, State, and Federal Offices in Hawaii to include the Judges and Officers of the State and Federal Court systems in Hawaii. The pattern and history of racketeering activities by the Hawaii County Police Department, and their documented pattern and history of Civil Rights violations by Deprivation of Rights Under the Color of Law in violation of United States Code, 18 U.S.C. 242, by this email are referred to CALEA to be used as the bases to deny the Hawaii County Police Department's accreditation in the Commission on Accreditation for Law Enforcement Agencies, Inc., (CALEA) organization. As always if any person or organization disputes any of the aforementioned information or allegations please refer to page 124 of the Eight Edition of Black's Law Dictionary and read or reread the definition of the "assenting- silence doctrine ", failure to respond to this email by 18 Nov. 2010 will be understood that there is no dispute of the veracity of the aforementioned statements and allegations will be understood by all to be true and accurate as stated and an indirect confession by the Hawaii County Police Department of Civil Rights violations, RE: 18 U.S.C. 242. Thank you for your attention in this matter. Dan A. Cole Telephone: 808- 966 -9229 • http://us.mg2.maiLyahoo.com/dc/launch?.gx=1&.rand=b0fdn430i8p0c 11/12/2010 Print Page 1 of 5 From: Dan Cole (cole_hawaii @yahoo.com) To: dyagong @co.hawaii.hi.us; Date: Thu, October 21, 2010 2:52:45 PM Cc: bford @co.hawaii.hi.us; Derek.J.Chow @usace.army.mil; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; jjaco @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; oip @hawaii.gov; phoffmann @co.hawaii.hi.us; aphonolulu @ap.org; hcpdone @co.hawaii.hi.us; eric.simmons @dhs.gov; glennbeck @foxnews.com; wkenoi @co.hawaii.hi.us; sslagle @nicb.org; wht @aloha.net; Nelly.X. Williams @usace.army.mil; Subject: Re: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Council member Yagong, In response to your email to County Corporation Counsel Lincoln S. T. Ashida and Cc'd to me yesterday, where you requested a review and advice from Counsel, RE: Wanton & Reckless Criminal Misconduct of the Hawaii County Council, please be advised that the Corporation Counsel Lincoln S.T. Ashida may be in Conflict of Interest in advising the County Council in this matter as court and police records identify that Mr. Ashida has himself apparently committed a number of violations of Hawaii Revised Statutes for Extortion with the apparent purpose to hide the existence and membership of a RICO Enterprise organized and controlled by and through, "Local" cultural and ethnic norms and reinforced through High School, Law School, and other government and social and professional associations that influence, control, and /or extort County, State, and Federal officials and employees in Hawaii, to include Judges and Officers of the State and Federal Courts in Hawaii, for the benefit of the Enterprise You may check with Giennis of the Council Services Office as I gave her a copy of a letter Lincoln Ashida sent to the last County Clerk Ms. Jarman which can only be interpreted as an "Official" act of extortion against my person. John Dill Chairman of the Hawaii County Ethics Board also received a "Secret" letter of Extortion from Corp. Counsel Ashida against my person that resulted in the Ethics Board dismissing Ethics Complaints against Lincoln Ashida himself, Council member Emily Naeole- Beason, and others. The Chief of Police and County Prosecuting Attorney have also received a Letter of Extortion against my person and have knowledge of Mr. Ashids actions. It is extremely apparent that Mr. Ashida abused his Official Position and used his influence with the Hawaii County Police Department and the County Prosecuting Attorney's Office to have Police Detective Regino Saludares and Det. Kelly Matsumoto #28, call me to Police Headquarters on 29 December, 2008 to threaten and intimidate me in violation of United States Criminal Code, 18 U.S.C. 1512 by reading and having me sign httn: / /us.mg2. mail. vahoo. com /dc /launch ?.rand= ffb83avtatn6b 10/21/9010 Print s Page 2 of 5 a Miranda rights document, therefore making me assume that I was somehow under arrest of some kind and interrogating me without informing me of the reason or probable cause for the interrogation, or that a Police Complaint or request to investigate my actions had been filed or sent in letter form, to the Hawaii County Police Chief and the County Prosecuting Attorney by Lincoln S.T. Ashida in regards to a statement in a letter I sent to the FBI? The interrogation lasted for a couple of hours and can clearly be construed from the tape recording I made of the interrogation, that the interrogation was for the purpose to threaten and /or intimidate me into stopping my public, legal, and /or political actions that would expose decades of patterns and histories of racketeering activity of the RICO Enterprise of corrupt government officials and others and expose a conspiracy of County Officials and others to defraud the United States government of Emergency Funds that were used to build the Stream Diversion Works in question and resulted in or contributed to the catastrophic property damage downstream from the illegal structures from the 2008 flooding event in Hilo, and the requirement to remove by costly dredging every 2 -3 years the massive soil erosion that now slits up the Hilo Harbor and Hilo stream beds. This massive soil erosion is the result from the non - permitted and non - documented stream diversion works the County authorized and supervised the construction for that has caused a redirection or altering the path of Hilo streams. The Hawaii County Police Department have Transcribed the interrogation they put me through, however refuse to allow me a copy or a copy of the Miranda documentation without a Court Order. I am willing to appear in Executive Session to discuss this matter with the Council. It is my intention to file several complaints for violations, and patterns and histories of violations, of Hawaii Revised Statutes and United states Code, for EXTORTION and related offenses against Mr. Ashida and others, along with the Complaints against Council Members. The Hawaii County Prosecutors Office has informed me that they have already received a Police Report where I was identified as a victim of Harassment by Corp Counsel Lincoln Ashida and Mayor Kenoi, it is my understanding that due to personal friendships and apparent memberships in the same RICO Enterprise, that the Police Reports and Prosecutors case is being hidden and never pursued for prosecution. I have sent you this documentation, have you read through the Summons and Complaint that you were served? Sincerely, http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 10/21/2010 Print Page 3 of 5 Dan A. Cole Council District #5 From: Dominic Yagong <dyagong @co.hawaii.hi.us> To: "Ashida, Lincoln" <lashida @co.hawaii.hi.us> Cc: cole_hawaii @yahoo.com Sent: Wed, October 20, 2010 2:07:18 PM Subject: FW: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Lincoln , I noticed that you were not Cc'd on this email from Mr. Cole. Please review and advise. Much Aloha - Dominic Yagong From: Dan Cole [mailto:cole_hawaii @yahoo.com] Sent: Wednesday, October 20, 2010 11:30 AM To: bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us Cc: Charles @djou.com; Derek.J.Chow @usace.army.mil; oip @hawaii.gov; AP Press; Chief Police; Eric Simmons; Glenn Beck; John Briski; Kenoi William; Steven Slagle; West Hawaii Today; Ximena POH Williams Subject: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Hawaii County Council Members: I have not received any correspondence from any of you disputing my assertion that State and Federal criminal charges should be filed against you for your Wanton 86 Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune - Herald article, and predicted and identified by County, State, and /or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit, State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval http: / /us.mg2. mail. yahoo .com /dc /launch ?.rand= ffb83avtato6b 10/21/2010 Print Page 4 of 5 of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council meeting where Council member Naeole- Beason stated that she has seen me in the neighborhood drinking beer and shooting and she had to seek advice from the County's Corporation Counsel for possible protective actions because Council member Naeole- Beason stated she was being and had been harassed for years by me. I call on Ms. Naeole- Beason to identify Where and When she purportedly witnessed the publiclly stated acts and actions, and What Acts of Harrasment she is identifing in the Council minutes. Additional statements made during the same meeting by Council members Hoffmann and Enriques were also acts and actions in violation of HRS 707 -764 (1) (e) (f) (h) (i) (k) for the purpose to subject me to hatred, contempt, or ridicule to impair my creditability so that other Council members would be influenced to ignore my testimony and warnings of imminent peril to the Public Safety, Health, and /or Welfare, along with identified criminal activity and organized government corruption by other county officials, and approve the FEMA Grant to produce fraudulent and corrupt FEMA FIRMS for the benefit of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms by persons and corrupt government officials that have engaged in patterns and histories of racketeering activities for the benefit of the enterprise, which in this case would be to hide, or reclassified FEMA Flood Zone designations for land/ subdivision development in Hilo by politically connected persons at the jeopardy of people downstream from the County authorized and supervised non - permitted and non - documented Stream Diversion Works constructed in 2001 from over 4,000 cubic yards of material under a federal funded contract P -3535 to clear Hilo Stream beds of storm debris from the 2000 floods with the material used to constructed flood protection structures for said properties. As always if any Hawaii County Council member disputes any of the aforesaid assertions or statements you must contact me with verified evidence and /or reasons for your official actions as recorded in Council Minutes of various meetings. It is my intention to begin filing criminal Extortion complaints with the Hawaii County Police Department for RICO Act violations on 27 OCTOBER 2010. Thank you for your attention in this matter. Sincerely, http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 10/21/2010 Print Page 5 of 5 Dan A. Cole Council Distirct #5 http: / /us.mg2. mail. yahoo .com /dc /launch ?.rand= ffb83avtatp6b 10/21/2010 Print Page 1 of 3 From: Dan Cole (cole_hawaii @yahoo.com) To: oip @hawaii.gov; Date: Fri, October 22, 2010 10:46:29 AM Cc: bford @co.hawaii.hi.us; Charles @djou.com; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffniann@co.hawaii.hi.us; aphonolulu @ap.org; hcpdone @co.hawaii.hi.us; glennbeck @foxnews.com; wkenoi @co.hawaii.hi.us; MCROSSON @co.hawaii.hi.us; sslagle @nicb.org; taniguchi6 @capitol.hawaii.gov; wht @aloha.net; Subject: ODC Complaint filed against OIP Director Takase Aloha Director Takase; Due to your apparent membership in a RICO Enterprise that is organized and controlled by and through "Local" cultural and ethnic norms and reinforced through High School /Law School Class membership, and other social and professional associations, that influance, control, or extort County, State, and Federal officials and employees in Hawaii, to include the Judges and Officers of the State and Federal Courts in Hawaii, where it appears that you have used you Official State position as Director of the State Office of Information Practices, where it is your official capisity to determine and render an Opinion as "Proof of Violation" of Hawaii's Sunshine statutes, where such "Proof' is required to void the actions of State Boards, acting in conflict of interest as Director of the Office of Information Practices for the benefit of yourself, your family, and the RICO Enterprise you refused to render an OIP Opinion as to the violations of Hawaii's Sunshine Laws RE: (S INVES -G 10 -1) and (S INVES -P 10 -1) filed in June Of 2009, in apparent conspiracy with the members of the Hawaii County Corporation Counsel, Hawaii County Board of Ethics, and others to include U.S. Senator Daniel Inouye and Officers and Judges of the 3rd. Circuit Court, State of Hawaii, to deny or deprive a person of their State and Federal Constitutional rights and freedoms of equal protection of law and due process of law for the benefit of an Enterprise engaged in patterns and histories of racketeering actives. You and your staff are, and were, clearly aware that it was my intention to take legal action to void the decisions of the Hawaii County Board of Ethics and the following reorganization of the Hawaii County Council where Council member Emily Naeole was made Vice - chair, resulting from County Ethics Board Petitions, RE: Lincoln S.T. Ashida, Council member Emily Naeole, and others. Please be advised the tolling statute for actions before the Hawaii County Board of Ethics is six, (6), years so as you can see your apparent acts in support of organized government corruption to alter, or corrupt, by act or lack of action, FEMA documents that determine building and land zoning in areas of Hilo, Hawaii for the apparent benefit of yourself and your family http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 10/22/2010 Print Page 2 of 3 will be exposed sooner or later, and it is my intention to have you called before the Hawaii County Ethics Board in your Official capacity to explain your actions, or lack of actions, as a witness in Formal Hearing against County Corporate Counsel Lincoln S.T. Ashida, County Council member Emily Naeole, and others. The documentation on record in the Court in Civil No. 10 -1 -0082, Cole v. County of Hawaii, in the 3rd. Circuit Court, State of Hawaii, along with your refusal to render an OIP Opinion and you and your office staff misleading me as to the Statute regarding the filing of a Court action, where I was lead to believe in tape recorded and logged telephone conversations, whether directly or through omission, that the 90 day tolling period to file Court action to void the actions of a State Board began upon Final Action, where the Final Action was your OIP Opinion. Your involvement and that of fellow Family members Circuit Court Judge Barbara Takase, Deputy Hawaii County Counsel Gerald Takase, Realtor Glenn Takase, and Dr. Allan Takase in numerous real estate investments, to include the subdivision Kahaopea Gardens, and due to you and your family's Official State, County, or Licensed positions in light of the identified as fraudulent or corrupt FEMA FIRMS Flood Insurance Rate Maps, and the locations of your properties down stream from the areas in question, where your brother Gerald Takase, Deputy Corporate Counsel, representing the Hawaii County Public Works Department, would have or could have had information that would call into question the FEMA Flood Zone identification of the real estate properties you are selling, holding, or developing It is apparent that your actions are in violation of Hawaii Rules of Professional Conduct for Attorneys due to your non disclosed conflict of interest in rendering an Official OIP Opinion, and may be in violation of other sections of the Rules and other State and Federal civil and criminal statutes. Therefore it is my intention to file a Formal Complaint with the State Office of Disciplinary Conduct in this matter against you and Ms. Brooks. If you or Ms. Brooks dispute that your actions are not in violation of the Hawaii Rules of Professional Conduct please contact me with your version of your actions, it is my intention to file the Complaints with the ODC on or after 1 November 2010, if I do not receive any correspondence from you or Ms. Brooks by that date it will be assumed that you do not dispute that your actions constituted the aforementioned violations. http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 10/22/2010 Print Page 3 of 3 Thank you for your attention in this matter. Dan A. Cole http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 10/22/2010 Print Page 1 of 6 From: Dan Cole (cole_hawaii @yahoo.com) To: hawaiiag @hawaii.gov; Date: Wed, November 3, 2010 10:30:03 AM Cc: bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; eroyale @hawaii.edu; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; aphonolulu @ap.org; hcpdone @co.hawaii.hi.us; glennbeck @foxnews.com; jaytkhi @yahoo.com; jbriski @co.hawaii.hi.us; wkenoi @co.hawaii.hi.us; wht @aloha.net; Subject: Filing of Racketeering Complaint Aloha State Attorney General Bennett: On 1 Nov 2010, The Hawaii County Police Department refused to allow me to file a Complaint for violations of Hawaii Revised Statutes for Extortion that identify a pattern and history of racketeering activities in violation of Federal RICO Act statutes. I was told I had to file this Complaint with you, the State Attorney General, even though you, Mark Bennett, are named as an offender in the Complaint for your personal involvement resulting from a June 4, 2004 letter sent to you by Hawaii County Corporation Counsel Lincoln S.T.Ashida, RE:Dan Cole, resulting in the State depriving me of my State and Federal Constitutional rights and freedoms, by depriving me of property without due process as an act of Extortion the threaten me into not exposing organized government in Hawaii. I called the Criminal Division of your office on 2 Nov. however my call has not been returned. I have attempted to file Complaints of organized government corruption with you for the past 6 years but you have ignored my communications. The Honolulu FBI and the US Attorney's Office in Hawaii have also refused to allow any Complaints identifying organized government corruption in Hawaii to be filed with their respective offices. I have been sending these Complaints certified mail along with documented and verifiable evidence in support, in addition I have been recording my telephone conversations with various County, State, and Federal agencies. Through years of research, and personal experience, I have identified by name members of an Enterprise engaged in patterns and histories of violations of Federal RICO statutes, that influence or control the the State Attorney's general Office, FBI and US Attorneys offices in Hawaii, and other County, State, and Federal government offices in Hawaii. This documentation is on file in State and Federal Courts in Hawaii and in undisputed by the County, State, of Federal governments. What is the status of my filed complaints identifying a RICO Enterprise http: / /us.mg2.mail.yahoo.com/dc /launch ?.rand= ffb83avtatp6b 11/3/2010 Print Page 2 of 6 that influences, controls, or extorts County, State, and Federal officials and employees in Hawaii, to include Judges and Officers of the State and Federal Court systems in Hawaii? I am forwarding you two emails I have sent to various government and private offices, as you can see there are a number of government officials aware of my actions and are refusing to take the actions as required of their oath of office which is additional proof of the power of the identified RICO Enterprise. Thank your for your attention in this matter, and I am sure you will ignore this Request to file a Complaint identifying organized government corruption in Hawaii due to your apparent membership in the RICO Enterprise of corrupt government officials, organized by and through "Local" cultural and ethnic norms and bonds, to include such bonds acquired through marriage. Aloha, Dan A. Cole Telephone: 808 - 966 -9229 Forwarded Message - - -- From: Dan Cole <cole_hawaii @yahoo.com> To: mmitchell @calea.org; Chief Police <hcpdone @co.hawaii.hi.us >; jyoshimoto @co.hawaii.hi.us; Kenoi William <wkenoi @co.hawaii.hi.us> Cc: bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; eroyale @hawaii.edu; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; AP Press <aphonolulu @ap.org >; Eric Simmons <eric.simmons @dhs.gov >; Jay Kimura <jaytkhi @yahoo.com >; John Briski <jbriski @co.hawaii.hi.us >; Kenoi William <wkenoi @co.hawaii.hi.us >; Steven Slagle <sslagle @nicb.org >; West Hawaii Today <wht @aloha.net> Sent: Tue, November 2, 2010 11:09:21 AM Subject: Fw: New Organized Drug Operation Starting in HPP Aloha Ms. Mitchell: As per our past conversations I am forwarding you verifiable information about the involvement of the Hawaii County Police Department in violations of Federal RICO laws and their history and patterns of racketeering activities that include Extortion, RE: Hawaii Revised Statutes HRS 707 -764, and Dealing in a Controlled Substance, RE: 18 USC 1961 as defined in section 102 of the Controlled Substance Act. http: / /us.mg2.mail.yahoo.com/dc /launch ?.rand= ffb83avtatn6b 11/3/2010 Print Page 3 of 6 At approximately 3:OOPM, 1 Nov 2010, as per statements from the Court Bench by State Circuit Court Judge Glenn Hara, that he was sure and agreed that the Hawaii County Counsel, and Hawaii County Government, Defendants, had committed violations of law in regards to their actions in preventing the public access, or informing the public, about government records identifying an imminent peril to public safety, health or welfare by the County's action to defraud the United States by using Federal Emergency and Disaster monies to alter stream beds in the Hilo, Hawaii areas for the benefit of politically, or Culturally /Ethnically privileged persons for land and /or property development in areas that should have been identified as FEMA Flood Zone A thereby preventing building and development. Federal Emergency monies were corruptly used by the County of Hawaii in authorizing and supervising the constructing of non - permitted and non - documented Stream Diversion Works from over 4,000 cubic yards of flood debris material in 2001, resulting in 10's of millions of dollars of flood damage in 2008 to properties down stream, and fraudulently and corruptly revising FEMA FIRM's so the areas in question are identified as FEMA Flood Zone X, allowing the properties and lands development. It is noted that a number of Hawaii County Police Officers live in the areas of Hilo, Hawaii identified under the fraudulent and corrupt FEMA FIRM's and exposure of the organized government corruption and racketeering activities could result in a revision of FEMA Flood Maps with devastating effects on property values, property insurance, or ability to sell or transfer properties due to inability to obtain Title insurance due to Flood Zone designations. I attempted to file a Complaint with the Hawaii County Police Department for Extortion against my person by a number of elected and appointed government officials engaged in a pattern and history of violations the the RICO Act by an Enterprise of corrupt government officials for the purpose of defrauding the governments of the United States and the County of Hawaii, and to present to the Federal Emergency Management Agency, FEMA, fraudulent and corrupt FEMA FIRMs, (Flood Insurance Rate Maps). Police Officer C. Kekela took my statement and I presented her a 1 inch thick correlated copy of government records to support my filing of the complaint of Extortion and organized racketeering activities by the Hawaii County Council, Hawaii County Corporation Counsel, Hawaii County County Prosecutors Office, Hawaii County Mayors Office, Police Department, and organized government officials, to include the current and past Hawaii County Police Chiefs. Officer C. Kekela consulted with her Desk Sergent D. Tolentino to get a Police Report Number for the Complaint and was http: / /us.mg2. mail. yahoo. com /dc /launch ?.rand= ffb83avtatp6b 11/3/2010 Print Page 4 of 6 instructed by her Desk Sergeant to refuse to except the complaint, not even a Miscellaneous Service Sheet was generated to my knowledge, and I was told by Officer Kekela that I had to go to the State Attorney General, they did not have any idea who to contact or procedures to file such a Complaint, but Officer Kekela had information that the State Attorney Generals office was involved in organized corruption due to "Local" Cultural and Ethnic bonds. I tape recorded the statements of Hawaii County Police Officer C. Kekela and will provide them to CALEA, Please notice that I have also sent directly and Cc'd the Hawaii County Police Chief and others, I challenge any of the addresses of this email to provide verifiable evidence disputing the information contained in this Email, or on file in the Circuit Court of the 3rd. Circuit, State of Hawaii, Case No. Civ 10 -1 -82 as filed with the Court as required by United States Criminal Code 18 USC 4 Misprision of Felony. Thank you for CALEA's attention in this matter, and I encourage your organization to deny accreditation to the Hawaii County Police Department and turn over evidence obtained in the accreditation process to the U. S Department of Justice, Criminal Division, Public Integrity Section. Aloha, Dan A. Cole Telephone: 808 - 966 -9229 Forwarded Message - - -- From: Dan Cole <cole_hawaii @yahoo.com> To: hcpdone @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; Kenoi William <wkenoi @co.hawaii.hi.us> Cc: John Briski <jbriski @co.hawaii.hi.us >; bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; John Briski <jbriski @co.hawaii.hi.us >; AP Press <aphonolulu @ap.org >; Glenn Beck <glennbeck @foxnews.com >; West Hawaii Today <wht @aloha.net> Sent: Sat, October 23, 2010 12:50:32 PM Subject: New Organized Drug Operation Starting in HPP Aloha Chief, I have noticed over the past 5 days a pattern of Boom Box Music being played for about 1/2 minute every 1/2 hour, on the hour or 15 minutes past the hour, which indicates from many years of experience a known pattern and history of organized drug operations in the Hawaiian Paradise Park area. Drug Houses use a particular Boom Music song to http: / /us.mg2.mail.yahoo.com/dc /launch ?.rand= ffb83avtatp6b 11/3/2010 Print Page 5 of 6 identify themselves to potential customers and that they are open for business, the fact that the Boom Music is playing indicates that there are no, "Non- Corrupt" police in the area. In the past I have noticed that certain variations of the Boom Music will result in a car or motorcycle appear in front of a suspected drug house with stopping only for a few seconds to hand something to someone on the property. Chief, you are extremely familiar with my expertize in identifying such Drug activity and that it is my belief based upon personal experience, and observations, that you are involved in the Police Departments protection of Drug Operations on the Island, as I have identified with photographic and official police documentation, the Hawaii County Police Departments apparent involvement by providing official police protection for organized drug operations in Puna and the apparent cover up of the operations. The organized extorting actions against my person by government officials in violation of HRS 707 -764 Extortion, which are criminal violations of the Federal RICO Act as identified under 18 USC 1961, Racketeering activity, extortion, and dealing in a controlled substance. The actions of the Police Dept. identifies a pattern and history of such activities. You, Det. Briski, DEA Agents Jesse, all Hawaii County Council members, and other Federal agencies have been provided pictures and verifying documentation and evidence of the apparent organized drug operations, either directly or electronically with no apparent enforcement action having been pursued. At a 19 Aug 2009 drug scene I witnessed Officer Sojot call you on his personal cell phone, apparently to get instructions after which the Hawaii County Police Dept. violated my State and Federal rights and continue to illegally retained me for an unauthorized and illegal blood test to remove me from the scene so the police dept could apparently cover up evidence of the drug operations. During the Aug 19, incident in HPP where police received a 911 call about drugs involvement in a traffic incident involving an apparent Drug Mule riding an illegal motorcycle struck a car and the drugs and packets of $ 100 bills were spread over the scene, supporting photographic evidence was available to the Officers called to the drug scene, but the two officers refused to look at the evidence or take my statement about the drugs and money I saw and photographed, but upon recognition of the apparent Drug Mule and surrounding persons immediately call in on their Police Radio and reported that no drugs involved and left the scene. I am aware that the Hawaii County Police Department has applied for CALEA certification, your non response to this notification of possible organized drug operations in the Hawaiian Paradise Park area will be Print Page 6 of 6 construed as confirmation of the aforementioned allegations and will be reported to Ms. Mitchell the CALEA Representative overseeing the Hawaii County Police Departments accreditation process. Thank you for your attention in this matter of the Public Safety, Health, and welfare. Sincerely, Dan A. Cole httn• / /iic ma') mail vahnn enm /rlr /lannrh9 rand ffk2'2awtafr,F.h 1 1 /2 Mil n N COUNTY OF HAWAII :,-:.4 Z .' ;''�/, :- `. STATE OF HAWAII ''i ou'M }+ � BILL NO. 311 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings and Determinations. The County Council hereby determines sale and delivery of general obligation bonds of the County in an aggregate principal amount not to exceed $56,000,000 (the "Bonds ") for the purpose of funding all or a portion of the costs of the County Projects referred to in Section 2 hereof. SECTION 2. Authorization of Bonds. There are hereby authorized for issuance and sale, in one or more series, Bonds of the County, in an aggregate principal amount not to exceed $56,000,000, for the purpose of funding all or a portion of the costs (including costs of issuance of the Bonds) of public improvement projects of the County (the "County Projects ") authorized under Ordinance Nos. 08 -79, 09 -65 and 10 -60, being the capital budget ordinances of the County for the fiscal years ending June 30, 2009, June 30, 2010 and June 30,2011, as heretofore or hereafter amended from time to time, or under the capital budget ordinance of the County for any subsequent fiscal year. SECTION 3. Details of Bonds. The Bonds authorized for issuance and sale hereunder shall be issued and sold in one or more or as part of a series of other general obligation bonds of the County, all as shall be determined by the Director of Finance to be in the best interest of the County. The Bonds of a series shall be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple of $5,000, or in such other denominations as the Director of Finance shall determine. The Bonds of a series shall be numbered from I upwards in chronological order of delivery or shall be numbered in any other manner as the Director of Finance shall determine. The Bonds of a series shall mature annually on such day in each year in substantially equal installments of principal or in substantially equal installments of principal and interest, the first of such maturities to be no later than five years from the date of the Bonds of such series and the last of such maturities to be not later than twenty -five years from the date of the Bonds of such series, may be redeemable prior to the stated maturity thereof at such time or times and upon such terms as shall be determined by the Director of Finance, and shall bear interest at such rate or rates per annum determined by the Director of Finance as shall result in a true interest cost not to exceed eight percent (8 %) per annum, all as shall be specified in the contract approved or the bid accepted for the purchase of the Bonds of such series if any contract therefor be approved or any bid therefor be accepted. In accordance with and subject to the provisions of this ordinance, the Director of Finance is hereby authorized to determine, with respect to the Bonds of a series, the aggregate principal amount of such series of Bonds; the series designation of such series of Bonds; the date of such series of Bonds; the interest payment dates and maturity dates of such series of Bonds; the amount of principal of such series of Bonds maturing on each maturity date; the registration privileges and place or places at which such series of Bonds may be paid or registered which may include the office of the Director of Finance; whether or not such series of Bonds shall be subject to redemption prior to the stated maturity thereof and, if subject to such prior redemption, the times, prices, methods and other provisions for such prior redemption; whether such series of Bonds shall bear interest at fixed rates or at a rate or rates which vary from time to time and the methodology for determining such variable rate or rates; the rights, if any, of the holders of such Bonds of a series to tender for purchase and the price or prices and time or times and terms and conditions upon which those rights may be exercised; the rights of the County to purchase the Bonds of a series and price or prices and the time or times and terms and conditions upon which those rights may be exercised and the purchase may be made; and all other details of such series of Bonds. SECTION 4. Redemption of Bonds. In the event any of the Bonds shall be subject to prior redemption and if any Bond (or portion thereof in installments which are integral multiples of the smallest denomination thereof) is to be redeemed, notice of redemption shall be given in such manner as the Director of Finance shall determine. If any Bond shall have been duly called for redemption and 2 notice of such redemption duly given in the manner determined by the Director of Finance, and if moneys for the payment of such Bond at the then applicable redemption price and the interest accrued on the principal amount thereof to the date of redemption are made or duly provided for by the County, interest on such Bond shall cease to accrue and become payable from and after the date fixed for redemption. SECTION 5. Payment of Bonds. The principal of and interest and premium, if any, on the Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. SECTION 6. Execution and Form of Fully Registered Bonds. The Bonds of a series shall be lithographed, steel engraved, typewritten, printed or in other reproduced form as the Director of Finance may determine. The Bonds of a series shall bear the manual or facsimile signatures of the Director of Finance and of the Mayor of the County, and shall also bear the bear the seal of the County or a facsimile of such seal. The Director of Finance may provide for the Bonds of a series to be issued in and effect a book -entry system for such Bonds. The Director of Finance may prepare such number of blank Bonds of any series executed and sealed as aforesaid as she shall determine and deliver such executed blank Bonds to the registrar for such series for safekeeping prior to the time such Bonds are actually issued, exchanged or transferred. The Director of Finance shall direct the registrar for the Bonds of a series to register and authenticate such Bonds and no such Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on such Bond shall have been manually executed by such registrar; provided that a certificate of authentication shall not be required for any Bond if the Director of Finance is the registrar and if such Director has manually signed the Bond in question. The Bonds of a series shall be designated and the form of such Bonds, including the registrar's certificate of authentication (if required) and the assignment, shall be substantially in the form of general obligation bonds heretofore issued by the County with such insertions, variations and omissions as are required with respect to a particular series of the Bonds, book -entry provisions, variable rate provisions or other provisions as the Director of Finance may determine. 3 SECTION 7. Sale of Bonds. Without any further authorization from or action by the Council but subject to the provisions hereof and of applicable law, the Director of Finance is hereby authorized to issue and sell the Bonds in their entirety at one time, or from time to time in two or more separate series, or as part of a series of other general obligation bonds of the County, at competitive sale or at negotiated sale to qualified purchasers in accordance with Section 47 -8, Hawaii Revised Statutes, as amended, in each case at such price or prices and upon such terms and conditions as she shall approve and determine to be in the best interest of the County. Without limiting the generality of the foregoing, with respect to the sale of the Bonds or of portions of the Bonds, the Director of Finance is hereby authorized to retain bond counsel, paying agents, registrars and financial and accounting consultants, upon such terms and conditions as she shall deem advisable, to select the date for such sale, to publish and distribute a Notice of Sale or to enter into a negotiated contract for the sale of the Bonds or portions thereof, in each case in such form and containing such terms and conditions as she shall approve and deem advisable, to distribute an Official Statement and such other information relating to the County and the Bonds as she may deem advisable, to receive bids for the sale of the Bonds or the portion thereof being offered and to award the sale of the Bonds or the portion thereof being offered to the bidder offering the lowest interest cost therefor, in accordance with the applicable Notice of Sale, if any; provided that the Director of Finance may reserve the right to reject any and all bids. Subject to the provisions of Section 3 hereof, without further action of the Council, the Bonds shall bear interest at the rates per annum as specified in the contract or contracts approved or in the bid or bids accepted. The Director of Finance and all officials of the County are hereby authorized to take such action and execute such orders, receipts and other documents as may be necessary in order to effectuate the sale of the Bonds or any portion thereof, and, if any contract therefor be approved or any bid therefor be accepted, the preparation, execution and delivery thereof, in accordance with the provisions hereof and applicable law. Subsequent to the sale of any of the Bonds, the Director of Finance shall report the results of such sale to the Council by letter. From and after the date the Director of Finance shall have accepted a bid for a series of Bonds, or shall have entered into a negotiated contract for the sale and purchase of a series of Bonds, the Council will take no action to modify, supplement, amend or repeal the provisions of this ordinance in a manner which would have an adverse effect on the ability of the County to perform its obligations under such accepted bid or contract. 4 SECTION 8. Authorization of Bond Anticipation Notes. General obligation bond anticipation notes are hereby authorized for issuance and sale by the Director of Finance in anticipation of the issuance and sale of the Bonds authorized herein and the receipt of the proceeds of the sale thereof, for the purposes for which the Bonds have been authorized herein. The issuance, sale and details of the Notes shall be governed by Section 47 -16, Hawaii Revised Statutes, as amended. Bonds in anticipation of which the Notes are authorized and issued hereunder may be issued and sold in accordance with the provisions of this Ordinance at any time within five years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 9. Security for the Bonds and the Notes. The full faith and credit of the County is hereby pledged to the payment of the principal of and interest on the Bonds and the Notes, and the principal and interest payments shall be a first charge on the General Fund of the County. SECTION 10. CUSIP Identification Numbers. The Director of Finance may authorize the printing of CUSIP identification numbers upon the Bonds. Such number and the printing thereof shall be subject in all respects to the provisions of Section 47 -10, Hawaii Revised Statutes, as amended. SECTION 11. Bond Insurance. The Director of Finance is hereby authorized to determine and provide for any insurance provisions respecting the Bonds of a series as she shall deem to be in the best interest of the County, including, without limitation, selection of the bond insurer, payment of the insurance premium and printing of any insurance statement on the Bonds. In the event that bond insurance is obtained by the purchaser of such Bonds, (a) such insurance shall not constitute a part of the contract by and with the County evidenced by a particular Bond or constitute a part of the proceedings providing for the issuance thereof, and (b) no liability or responsibility shall attach to the County or any officer or agent thereof in any way by reason of any such insurance, including, without limiting the foregoing, with respect to the procuring, maintenance, enforcement or collection thereof. The County shall be under no obligation to take or refrain from taking any action by reason of the existence of such insurance or any of the provisions thereof, even though the taking or refraining from taking of such action may result in or be cause for cancellation or cessation of such insurance. 5 SECTION 12. Support Facility for Variable Rate Bonds. If the Director of Finance shall determine to issue the Bonds of a series bearing interest at a rate or rates which vary from time to time or with a right of holders to tender such Bonds for purchase, or both, the Director of Finance may contract for such support facility or facilities and remarketing arrangements as are required to market such Bonds to the greatest advantage of the County upon such terms and conditions as the Director of Finance deems necessary and proper; provided, however, that all such contracts shall be approved by a resolution of the County Council and shall comply with the requirements of Section 47- 11, Hawai`i Revised Statutes. SECTION 13. Reimbursement of Expenditures. The County expects that it may pay certain capital expenditures for the Projects prior to the issuance of the Bonds, and reasonably expects to reimburse such expenditures from the proceeds of the Bonds. The County hereby declares its official intent to use proceeds of the Bonds to reimburse itself for future expenditures in connection with such Projects. This ordinance is adopted in part for the purpose of establishing compliance with the requirements of Section 1.150 -2 of the Treasury Regulations. This ordinance shall be reasonably available for inspection at the office of the County Clerk, located at 25 Aupuni Street, Room 209, Hilo Hawaii 96720, commencing within fifteen (15) days after its adoption by the Council. SECTION 14. Repeal of Conflicts. All ordinances and resolutions, and any portions of ordinances and resolutions, heretofore enacted or adopted by the Council which are in conflict or inconsistent with any provision of this ordinance shall be and are hereby repealed to the extent of such conflict or inconsistency. SECTION 15. Severability. If any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 6 SECTION 16. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED BY: it 1 t COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction Date of lst Reading Date of 2nd Reading Effective Date: REFERENCE< Corrlak 972 7 Print Page 1 of 2 From: Dan Cole (cole hawaii @yahoo.com) To: bford @co.hawaii.hi.us; dikeda@co.hawaii.hi.us; bford @co.hawaii.hi.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto@co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; Date: Wed, October 20, 2010 11:30:17 AM Cc: Charles @djou.com; Derek.J.Chow @usace.army.mil; oip@hawaii.gov; aphonolulu @ap.orC, hcpdone @co.hawaii.hi.us; eric.simmons @dhs.gov; giennbeck @foxnews.com; jbriski @co hawaii li.us wkenoi @co.hawaii.hi.us; sslagle@nicb.org; wht @aloha.net; Nelly.X.Williams @usace.ar by mil Subject: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Hawaii County Council Members: -.J I have not received any correspondence from any of you disputing my assertion that State and Federal criminal charges should be filed against you for your Wanton 86 Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune - Herald article, and predicted and identified by County, State, and/or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit, State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council meeting where Council member Naeole- Beason stated that she has seen me in the neighborhood drinking beer and shooting and she had to seek advice from the County's Corporation Counsel for possible protective actions because Council member Naeole- Beason stated she was being and had been harassed for years by me. I call on Ms. Naeole - Beason to identify Where and When she purportedly witnessed the publiclly stated acts and actions, and What Acts of Harrasment she is identifing in the Council minutes. Additional statements made during the same meeting http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand=ffb83avtatp6b 10/20/2010 It Page 2 of 2 by Council members Hoffmann and Enriques were also acts and actions in violation of HRS 707 -764 (1) (e) (f) (h) (i) (k) for the purpose to subject me to hatred, contempt, or ridicule to impair my creditability so that other Council members would be influenced to ignore my testimony and warnings of imminent peril to the Public Safety, Health, and /or Welfare, along with identified criminal activity and organized government corruption by other county officials, and approve the FEMA Grant to produce fraudulent and corrupt FEMA FIRMS for the benefit of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms by persons and corrupt government officials that have engaged in patterns and histories of racketeering activities for the benefit of the enterprise, which in this case would be to hide, or reclassified FEMA Flood Zone designations for land/ subdivision development in Hilo by politically connected persons at the jeopardy of people downstream from the County authorized and supervised non - permitted and non- documented Stream Diversion Works constructed in 2001 from over 4,000 cubic yards of material under a federal funded contract P -3535 to clear Hilo Stream beds of storm debris from the 2000 floods with the material used to constructed flood protection structures for said properties. As always if any Hawaii County Council member disputes any of the aforesaid assertions or statements you must contact me with verified evidence and /or reasons for your official actions as recorded in Council Minutes of various meetings. It is my intention to begin filing criminal Extortion complaints with the Hawaii County Police Department for RICO Act violations on 27 OCTOBER 2010. Thank you for your attention in this matter. Sincerely, Dan A. Cole Council Distirct #5 http: / /us.mg mail. yahoo.com /dc/launch ?.rand- - ffb83avtatp6b 1 n /')n / ')n n / . TO: Hawaii County Council _ 14 October 2010 Dominic Yagong Y _ =- Donald Ikeda ,, 1 , r r - 1 u t -r 2 5 J Yoshimoto `` `'i w _, 1 Dennis Onishi Emily Naeole '. Guy Enriques Brenda Ford HAWAII COT UNY POLICE DEPARTMENT Kelly Greenwell ID# Pete Hoffmann REC. BY: FROM: Dan A. Cole Police Report No. P.O. Box 630 Keaau, Hawaii 96749 Date: TIl RE: Filing of Criminal Complaints, Federal and State, against all members of the Hawaii County Council as per Judge Glenn Hara's, 25 August 2010 statements from the bench, where Judge Hara is sure and agrees with the Plaintiff, Dan A. Cole, that the Hawaii County Counsel's refusal to act on information that identifies an imminent peril to the public safety, health or welfare is a violation of law. Aloha Hawaii County Council Members: For you reading pleasure I have attached the Transcripts of Civil No. 10 -1 -82 August 25, 2010 Hearing, where you were Defendants. Please notice the statements by the Court on pages 10 and 11, the filing of Criminal Complaints with the Hawaii County Police Department and the Federal Bureau of Investigation, as identified in my testimony before you on August 17, 2010, Comm. 867; (Res. 364-10) and Comm. 911; (Res. 381 - 10), cover pages attached hereto, in combination with the fourteen plus inches of documents and records on file with the Court in this case will establish a paper trail for your Civil and Criminal prosecution for violations of State and Federal RICO statutes upon the overt occurrence of the Court identified "I told you so," flooding event. U.S. Postal Service N U.S. Postal Service,:, CERTIFIED MAIL -, RECEIPT wee. CERTIFIED MAIL- RECEIPT !iJ (Domestic Mail Only No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) Al 2 r-4 tL For delivery information visit our website at www.usps.com For delivery information visit our website at www.usps.com r� - ri [ter ri TL t r "` .�. r � .. IAL USE W , , �" Postage % if N Postage $ Q" v \ Q" , , t Certified Fee r_,, .5i3 , th 1:=1 Certified Fee ,./3-312-------''%„ C:1 il Return Receipt Fee t2.30 J Postm '' 'a: O Return Receipt Fee $2.30 Postmark D (Endorsement Required) Here O (Endorsement Required) t Restricted Delivery Fee f1 fll I "a IN R estricted Delivery Fee (Endorsement_Requlred) '' ' " (EndorsementRequired) r c•-• Total Postage - Fees 1 I%- Total Postage & Fees $ o ' Q C7 .m. , Sent To vc,,• ,- r 0 Sent To • ((?? o Y---F u a t-e -i.r -. . - r� � cl Na; 4 c � ' o p Street, RR 1� g l D Street, Apt N t.-. or PO Box No. 511D - C -___S orPO Box No. - ..-- S- ..11 -, erg ware. l 3.00.-- a- l- a-- -14°-acta 3 v-d . , -#4• -2-30 City, State, ZIP+4 Washington, D.C. 20472 TO Hawaii County Council t 14 October 2010 Dominic Yagong Donald Ikeda { 'I 2 J Yoshimoto Dennis Onishi Emily Naeole "` Guy Enriques Brenda Ford Kelly Greenwell Pete Hoffmann FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 RE: Filing of Criminal Complaints, Federal and State, against all members of the Hawaii County Council as per Judge Glenn Hara's, 25 August 2010 statements from the bench, where Judge Hara is sure and agrees with the Plaintiff, Dan A. Cole, that the Hawaii County Counsel's refusal to act on information that identifies an imminent peril to the public safety, health or welfare is a violation of law. Aloha Hawaii County Council Members: For you reading pleasure I have attached the Transcripts of Civil No. 10 -1 -82 August 25, 2010 Hearing, where you were Defendants. Please notice the statements by the Court on pages 10 and 11, the filing of Criminal Complaints with the Hawaii County Police Department and the Federal Bureau of Investigation, as identified in my testimony before you on August 17, 2010, Comm. 867; (Res. 364 -10) and Comm. 911; (Res. 381- 10), cover pages attached hereto, in combination with the fourteen plus inches of documents and records on file with the Court in this case will establish a paper trail for your Civil and Criminal prosecution for violations of State and Federal RICO statutes upon the overt occurrence of the Court identified "I told you so," flooding event. Please notice that there is a massive La Nina weather event building at this time where forecasters say this La Nina could bring wetter than normal winter, with NOAA/NESDIS 50 KM Global Analysis: SST Anomaly charts identifying this years La Nina event to be much more sever than the La Nina of February 2008 that caused over 88 million dollars in property damage that resulted from the County's non permitted alteration of the Hilo Stream Beds in 2001 for the flood protection of politically privileged people where the County authorized the use of over 4,000 cubic yards, (500 8yd. Dump trucks) of Flood Debris from a federally funded project for the construction of illegal stream diversion works, combined with the massive erosion of the stream beds caused by these illegal stream diversion works in the Hilo, Hawaii areas over the past eight years as demonstrated by the requirement of multiple drudging of sediment from the Hilo harbor and streambeds. The attached Plaintiff's, FINAL JUDGMENT, attached hereto, with portions of Exhibit `B ", and is on file with the Court as EXHIBIT " B ", to the attached, without exhibits, Plaintiff's Response to Defendants Notice of Submission, filed with the Court on 2010 SEP -7 PM 1:46 is provided for your information as to the format for which Criminal Complaints against you as a Principal, Conspirator, or Accessory After the Fact, to violations of State an Federal Statutes and the Federal RICO Act may be filed. If for any reason you dispute that you should have the aforementioned State and Federal Criminal Complaints filed against you for your acts and actions, or acts and actions of silence, you must contact me prior to 20 October 2010, with your objections and any supporting evidence you may wish to use in your defense. In the event of no response the accusations and claims of criminal violations will be construed as True and Uncontested, and will be used as evidence for justification of filing the aforementioned complaints against you. Thank you for your attention in this matter. Sincerely, Dan A. Cole Council District #5 Attached: TRANSCRIPT OF PROCEDIINGS Aug. 25 2010, Judge Glenn Hara. (12 pages) Thursday, Oct. 7 2010, Tribune- Herald front page, "Drought ", article. (1 page) Court Communications filing, 2010 AUG 16, RE: Comm. 867;(Res.364 -10). (5 pages) Court Communications filing, 2010 AUG 12, RE: Comm. 911: (Res 381-10). (5 pages) Plaintiff's FINAL JUDGMENT, received (LDB) AUG 30 2010. (12 pages) Plaintiff's Response to Defendants Notice, filed in the Court 2010 SEP -7. (7 pages) 1 1 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT 2 STATE OF HAWAII 3 ) DAN A. COLE, ) 4 Plaintiff, ) ) 5 vs. ) ) 6 COUNTY COUNCIL OF THE COUNTY, ) CIVIL NO. OF HAWAII, J. STANLEY YOSHIMOTO, ) 10 -1 -82 7 DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) 8 NAEOLE - BEASON, DOMINIC YAGONG, ) BRENDA FORD, KELLY GREENWELL, ) 9 PETE HOFFMAN, in their official ) capacities as members of the ) 10 County council of the County of ) Hawaii JOHN DOES 1 -10, JANE ) 11 DOES 1 -10, DOE CORPORATIONS, ) GOVERNMENTAL UNITS or OTHER ) 12 ENTITIES 1 -20, ) Defendants. ) 13 ) 14 TRANSCRIPT OF PROCEEDINGS before the Honorable Glenn Hara, Judge, Second Division, 15 presiding, on Wednesday, August 25, 2010. 16 Hearing on Motion to Dismiss Amended Complaint for Declaratory Judgment and Other Relief 17 APPEARANCES: 18 DAN COLE 19 Plaintiff, Pro Se 20 LINCOLN S.T. ASHIDA, Corporation Counsel For the Defendants County of Hawaii, J. Stanley 21 Yoshimoto, Donald Ikeda, Guy Enriques, Dennis "Fresh" Onishi, Emily I. Naeole - Beason, Dominic Yagong, Brenda 22 Ford, Kelly Greenwell, Pete Hoffman, in their official capacities as members of the county council of the 23 county of Hawaii 24 REPORTED BY: Audrey Tanouye, CSR 225 25 official Court Reporter, State of Hawaii Audrey S. Tanouye, CSR 225 '�` Official Court Reporter, State of Hawaii 2 1 WEDNESDAY, AUGUST 25, 2010 2 - -000 -- 3 THE COURT: Civil number 10 -1 -82, Dan A. Cole 4 versus the County Council of the County of Hawaii. 5 Defendant County of Hawaii's Motion to Dismiss Amended 6 Complaint for Declaratory Judgment and Other Relief. 7 MR. ASHIDA: Good morning, Your Honor. Lincoln 8 Ashida, Corporation Counsel, representing the County of 9 Hawaii and the named Hawaii County Council members in 10 their official capacities. 11 THE COURT: Good morning. 12 Sir, you want to stand and state your name, 13 please. 14 MR. COLE: Yes, my name is Dan A. Cole, 15 plaintiff in this matter. 16 THE COURT: okay. Good morning. 17 MR. COLE: Good morning. 18 THE COURT: Okay, we're here on the County's 19 motion to dismiss your amended complaint. And, um, i got 20 the County's motion, I have the Plaintiff's Memorandum in 21 Opposition, and the County's reply. 22 And I don't know if you got a copy of it, Mr. 23 Ashida, but i also have a Motion for summary Judgment 24 that was filed about two days ago that's set for today's 25 hearing. Or at least that's what it says on the Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 3 1 pleading. But I'll address that at a later time. 2 MR. ASHIDA: I saw the pleading, Your Honor. 3 I'm obviously not prepared to address that particular 4 motion because of the -- 5 THE COURT: Okay. 6 MR. ASHIDA: -- lack of time. 7 THE COURT: we'll address it at the outcome of 8 this motion. 9 MR. ASHIDA: Okay. Thank you. 10 THE COURT: Okay. So I've gone through most -- 11 all of the memoranda here. And, ah, Mr. Cole, I think 12 the only discernible claim that I could see is the 13 purported violation of a Sunshine Law situation that 14 arises out of what you're claiming to be a communication 15 between Councilperson Naeole- Beason and Councilperson 16 Hoffman via a letter dated June 5, 2008, transmitting 17 your complaints about various County officials being in 18 violation of law and asking that apparently the matter be 19 investigated by the Council. 20 I think what you're trying to argue here -- and 21 i'11 give you a chance to chime in a little bit later 22 here -- as I gather the entirety of your complaints here, 23 what you're saying is that sometime ago about eight, ten 24 years ago, there was a wrongful movement of soil in a 25 flood zone. And you've been complaining about that to Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 4 1 various federal, state, and county officials. The 2 complaints have not been acted on. And these acts or 3 omissions by these various officials, including County 4 officials, amount to wrongful conduct by these county 5 officials. 6 And as I gather, the complaint that you 7 submitted to the -- to Miss Naeole- Beason concern those 8 matters and the lack of investigation and follow -up by 9 various officials about what started out as the wrongful 10 movement of soil in a flood zone. And what I gather is 11 that your complaint and the action that they have taken, 12 based on their alleged communication in violation of the 13 Sunshine Law, is their failure to place this matter on 14 the agenda and to consider it and to investigate it. is 15 that correct? 16 MR. COLE: Yes, Your Honor. That is the basic 17 core of it. 18 THE COURT: Anything else you want to add to 19 what I've just kind of summarized here? 20 MR. COLE: Yes. 21 What has happened here is I brought this 22 information to the County officials when it happened in 23 2002. It is a hazard to the public. A peril obviously 24 as has been pointed out in the newspaper. 25 When I went to County officials, originally I Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 5 1 was ignored. Deliberately, "We're not going to act on 2 it." Of course now what I'm finding out as going through 3 this process it appears to be, I would call, an 4 enterprise of individuals who are closely associated 5 either through high school or through childhood or 6 something. But they all kind of group together and, 7 "We're just not going to take any action." 8 The violations of actual law when they -- when 9 they illegally disposed the material on the federally 10 funded project, should have been investigated just for 11 the mere fact of documenting where that material went to 12 in a flood plain. Because anything downstream from that 13 action would be -- affect other people. And so when I 14 brought this forth I kept getting ignored, ignored. 15 I sent a letter to Council Member Arakaki in 16 2002 noting to him the potential for flooding hazard in 17 the future. He agendized it on the meeting, they 18 requested I come in and give them the information. 19 I went to the meeting on Public works in 2002, 1 20 believe December the 17th, presented the information I 21 had. And when it came to the County to identify where 22 the material went, what they did with it, the County 23 Engineer at that time was Paul Nash, couldn't say what 24 happened to it, but it had all been cleared. 25 Also at that time the Federal Engineer Andrew Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 6 1 Stout [phonetic] also made testimony that, "Oh, all 2 material had been removed from the stream beds and it had 3 been properly done." But he didn't know where it went. 4 when 1 brought the additional information, at that time 5 there was some question raised as to what acts they 6 happened to it -- or what the actions were. At that 7 point -- 8 THE COURT: Mr. Cole, I actually spent some time 9 looking through your material -- 10 MR. COLE: Oh, okay. 11 THE COURT: -- so I'm familiar with what you're 12 saying here. 13 But I'm just trying to get the gist of what 14 you're complaining about here in the current lawsuit and 15 what you're trying to do with what appears to me to be a 16 Sunshine Law violation. And you're asking, I think, the 17 court to mandate the County to put this matter on the 18 agenda? Is that what you're asking? 19 MR. COLE: Yes, 1 am, Your Honor. 20 Basically what I'm asking for is since they're 21 preventing this information from coming forth, and 22 obviously the intensity in which I've attempted to bring 23 this peril and hazard to the public, it must be and 24 understood that communications were made between the 25 council members in order to prevent this from being Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 7 1 agendized either on a normal committee agenda or in a 2 emergency action. Under discovery it would be occurred 3 as to who talked to where and what decisions were made. 4 The fact that they're keeping this information from the 5 public, which they admit is a peril and hazard in itself, 6 is in violation of the constitute or authorization of the 7 County. All's I'm trying to do is bring this information 8 forth so that the people may understand and make their 9 own determination as to what peril to their safety, 10 health, or hazard there is. And should any damage occur, 11 they would have reasonable civil tort to go after or to 12 investigate how this happened. 13 In addition, because these questions have been 14 raised as to how the streams were altered, the FEMA, 15 Federal Emergency Management Agency, and their flood 16 insurance rate maps had been called into question, 17 insurance companies are now questioning the maps. so at 18 this point if we bring forth the information so that the 19 public knows, and the county officials can address it and 20 maybe mitigate any future death, injury, or hazard, or 21 mitigate the fact that insurance claims may be called 22 into question in the future. 23 It's merely a constitutional requirement of a 24 person to come forth for their -- the organization of 25 their government, responsibility of the government. I'm Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii 8 1 merely trying to make known to the people what are in the 2 public records that the county council is keeping distant 3 from them, and for what purpose they would have for doing 4 this Their only defense would be that they could insure 5 that there would be no harm brought forth, which it 6 already has, or there will be no future harm, death, or 7 injury from the flooding event which we're about -- 8 probably going to have soon. 9 THE COURT: Okay. So, Mr. Cole, are there any 10 other claims that you're trying to advance here in this 11 lawsuit? Have I pretty much -- 12 MR. COLE: Yes, I'm being -- 13 THE COURT: -- stated it? 14 MR. COLE: Yes, that would be it. I'm being 15 deprived of my -- excuse me. I'm being deprived of my 16 constitutional rights to petition the government redress 17 of grievance and freedom of speech by their actions, yes. 18 THE COURT: okay. So, Mr. Ashida, you have 19 anything you want to add on your motion? I've read your 20 memo. 21 MR. ASHIDA: We will submit upon the pleadings, 22 Your Honor, that we submitted to the Court. I think by 23 Mr. Cole's own admission today he actually buttresses the 24 County's motion. That this Court gave him an opportunity 25 to amend the complaint to be specific with respect to the Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii Q 9 1 claims for relief, and to date that hasn't happened. 2 THE COURT: Well I think he's pretty much stated 3 it so I think I can rule on the motion to dismiss whether 4 it fairly states a claim; right? 5 MR. ASHIDA: Thank you, Your Honor. 6 THE COURT: Okay. So, um, Mr. Cole, I'm not 7 ruling on the validity of your claim or what -- the 8 information that you're trying to seek to disseminate is 9 about, or whether or not it holds any truth or any value. 10 MR. COLE: Uh -huh. 11 THE COURT: Mr. Ashida has basically stated that 12 you failed to state a Sunshine Law violation claim based 13 on Section 92 -11, which basically requires that you file 14 or commence an action within 90 days of an action. 15 Now I've read your memorandum and I understand 16 that you're saying that the action is the action of the 17 Office of Information Practices. But having reviewed the 18 rule of law and also read the law -- the legal term is an 19 in pari materia -- in context with the other sections of 20 the Sunshine Law, it appears to me that the final action 21 that's referred to in 92 -11 refers to the action of the 22 agency acting on the violation. And that would have been 23 the County Council. 24 If as you alleged that the County Council acted 25 on the -- through Peter Hoffman, based on the letter on Audrey S. Tanouye, CSR 225 Official Court Reporter, State of Hawaii F r Dan A. Cole ORIGINAL P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Pro Se IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII Dan A. Cole ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff; ) FINAL JUDGMENT; vs. ) MEMORANDUM IN SUPPORT OF ) FINAL JUDGMENT; EXHIBITS COUNTY COUNCIL OF THE COUNTY ) "A-C"; CERUJ ICATE OF OF HAWAII, J STANLEY YOSHIMOTO,) SERVICE DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) NAEOLE- BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL,) PETE HOFFMAN, in their official ) r ; ` capacities as members of the Hawaii ) c * s .. County ��- Council. of the County of Hawaii ) tom, "# JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS) �� 3 GOVERNMENTAL UNITS or OTHER ) T 7-1"-- ENITTES 1 -20 ) .' Defendants. ) ) FINAL JUDGMENT Pursuant to ORDER GRANTING DEFENDANT COUNTY OF HAWAII'S MOTION TO DISMISS COMPLAINT FOR DECLARTORY JUDGMENT AND OTHER RELIEF FILED JULY 6, 2010, filed on ; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Defendants, RECD^ (LD8j . AUG 3 d r ., ,___ County of Hawaii, body politic, has no Legal or Constitutional requirement to the people to provide for the public health, safety, or welfare. The Sovereign State of Hawaii deprives the Plainti, Dan A. Cole, of equal protection of the laws, and property without due process of law, and contingent upon the Plaintiff's predicted Flooding Event based on records on file with the Court in this case, Deprives unknown persons of life and/or property, without due process of law, and denies unknown persons equal protection of the laws. IT IS HEREBY ORDERED, ADJUDGED AND DECREEDED that a FINAL JUDGMENT is hereby ENTERED in favor of Defendant County Council of the County of Hawai'i, J Stanley Yoshimoto, Donald Ikeda, Guy Enriques, Dennis "Fresh" Onishi, Emily L Naeole- Beason, Dominic Yagong, Brenda Ford, Kelly Greenwell and Pete Hoffmann, in their official capacities as members of the Hawai'i County Council of the County of Hawai'i (`hereinafter col ctively referred to as County of Hawwai'i). All claims against Defendant County of Hawai'i are hereby dismissed with prejudice. Any and all other claims, cross - claims, and counter - claims are hereby dismissed with prejudice. There are no remaining claims or parties. Dated: Hilo, Hawai'i, JUDGE OF THE ABOVE - ENTITLED COURT APPROVED AS TO FORM: 2. Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Pro Se IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STA'T'E OF HAWAII Dan A. Cole ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff, ) ) vs. ) MEMORANDUM IN SUPPORT OF ) FINAL JUDGMENT COUNTY COUNCIL OF THE COUNTY ) OF HAWAII, J STANLEY YOSHIMOTO, ) DONALD IKEDA, GUY ENRIQUES, ) DENNIS "FRESH" ONISHI, EMILY I. ) NAEOLE - BEASON, DOMINIC YAGONG,) BRENDA FORD, KELLY GREENWELL, ) PETE HOFFMAN, in their official ) capacities as members of the Hawaii ) County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) ) - Defendants. ) ) MEMORANDUM IN SUPPORT OF FINAL JUDGMENT The Plaintiff, Dan A. Cole, in fulfillment of a persons State and Federal Constitutional obligations brought suit before this Court to inform the people of government records and other information that the Defendants are keeping distant from the people as to an imminent peril to the public health, safety, and welfare that has occurred, and will again occur from a future Flooding Event in the areas of Hilo, Hawaii, and to expose an Enterprise of County, State, and Federal officials, and others, engaged in patterns of racketeering activity in violation of Federal and State Racketeering Influence and Corrupt Organization Act, (RICO Act), statutes, where such an Enterprise influences, controls, and/or extorts the people of Hawaii, employees and officials of County, State, and Federal offices in Hawaii, and influences, controls, and/or extorts Judges and Officers of the Courts of the State and Federal governments in Hawaii, for the benefit of the enterprise. On 25 August, 2010 the Plaintiff appeared before the Court in Hearing for the Defendants, County Council of Hawaii, MOTION TO DISMISS COMPLAINT FOR DECLATORY JUDGEMENT AND OTHER RELIEF FILED JULY 6, 2010, the Plaintiff was denied equal protection of the law, and due process when the Court refused to hear all opposing arguments to the Defendants Motion to Dismiss. Counsel for the Defendants put fourth a CATCH -22 defense based on the Hawaii Sunshine Law statute, HRS § 92 -11 that states as follows: Voidability. Any final action taken in violation of sections 92 -3 and 92 -7 may be voidable upon proof of violation. A suit to void any final action shall be commenced within ninety days of action. The aforementioned statute has two, (2), required components that must be met prior to the entitlement to any person to commence a suit in the circuit court of the circuit in which a prohibited act occurs, regardless of the person's participation in any 2. proceedings, the required components are: 1. Proof of Violation 2. A suit to void any final action shall be commenced within ninety days of the action. Counsel for the Defendants argued that: A. Plaintiff s lawsuit is barred by statute of limitations. B. Plaintiff has failed to exhaust his administrative remedies. C. Plaintiff has failed to comply with the Court's Order and with Rule 8, Hawai'i Rules of Civil Procedure. If there is no "Proof of violation ", of any "find action ", then there can be no commencement of suit to "void any final action" under HRS §92 -3 and, HRS § 92 -7. The Court dismissed Counsel for the Defendants, argument as to Plaintiff's compliance with the Court's Order, and with Rule 8, and refused to hear Counsel for the Defendants, argument that the Plaintiff had failed to exhaust his administrative remedies. The two arguments Administrative Remedies and Statute of Limitations are mutually exclusive and interdependent, and in this case cancel each other, therefore the Court was in error granting the Defendants Motion to Dismiss the Plaintiff's Amended Complaint. During the 25 August 2010 proceedings the Court thanked the Plaintiff for his civility in matters before the Court, and noted that the Court anticipates that there will occur a Plaintiff, "I told you so" event, that event being a flooding event or events, in the areas of Hilo, Hawaii resulting from actions of the Defendants, County of Hawaii altering the stream beds in Hilo, Hawaii in 2001, with over 4,000 cubic yards of material 3. without State or Federal pemits and with no documentation as to location or construction of the "stream diversion works ", that caused, or contributed to, catastrophic property damage in the Hilo area in the Flooding Events of February 2008, and is anticipated to cause injury, loss of life, and/or additional catastrophic loss/damage of property that will occur in the future as the Plaintiff has detailed in Court records of this case, thereby depriving people of life, and/or, property without due process of law. The Plaintiff hos attempted to bring before the Court documentation and other evidence as to the existence and membership of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms. The attached documentation identified as EXHIBIT "A ", a twenty -six, (26), page FAX transmittal sent to the State Office of Information Practices, on 26 August 2010, RE: State Office of Information Practices ( "OIP) legal requirement to Appeal the Courts Decision in Cole v. County of Hawaii: EXHIBIT "B ", July 9, 2010 Commission on Judicial Conduct, RE: Complaint against Judge Glenn S. Hara; and, EXHIBIT "C ", Commission on Judicial Conduct June 10 , 2010 acknowledgment of receipt of letter dated June 1, 2010 RE: Complaint for Judicial Misconduct, and Moral Turpitude of the Judges of the District & Circuit Courts of the 3Ta Circuit, State of Hawaii, is filed with the Court in accordance with 18 U.S.C. §4. It is understood that the Court is, or may have been, influenced or extorted in it's decisions and the Plaintiff is placing into the records of this case, EXHIBITS "A -C ", in defense, or possible defense of the Court's actions. DA'Z'ED: Hilo, Hawaii, August 19, 2010. ‘4( Dan A. Cole Plaintiff, Pro Se 4. LINCOLN S.T. ASHIDA 4478 Corporation Counsel 2010 SE p 10 AN 10: 54 County of Hawaii 1 Hilo Lagoon Centre LSO 111 ;� RK 101 Aupuni Street, Suite 325 THFRO CIRSI '4 Hilo, Hawaii 96720 '' t Hull Tel. No. 961 -8251 Fax No. 961 -8622 e -mail: Iashidata'�.co.hawaii.hi.us Attorney for Defendants County Council of the County of Hawai'i, J Stanley Yoshimoto, Donald Ikeda, Guy Enriques, Dennis "Fresh" Onishi, Emily I. Naeole- Beason, Dominic Yagong, Brenda Ford, Kelly Greenwell and Pete Hoffmann, in their official capacities as Council members of the Hawai'i County Council of the County of Hawaii IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII DAN A. COLE, CIVIL NO. 10 -1 -0082 (Declaratory Judgment) Plaintiff, v. COUNTY COUNCIL OF THE COUNTY OF FINAL JUDGMENT HAWAII, J STANLEY YOSHIMOTO, DONALD IKEDA, GUY ENRIQUES, DENNIS "FRESH" ONISHI, EMILY I. NAEOLE - BEASON, DOMINIC YAGONG, BRENDA FORD, KELLY GREENWELL, PETE HOFFMANN, in their official capacities as members of the Hawaii County Council of the County of Hawai'i JOHN DOES 1 -10, JANE DOES 1 -10, DOE CORPORATIONS, PARTNERSHIPS GOVERNMENTAL UNITS or OTHER ENTITIES 1 -20 Defendants. FINAL JUDGMENT Pursuant to the ORDER GRANTING DEFENDANT COUNTY OF HAWAII'S 4 MOTION TO DISMISS COMPLAINT FOR DECLARATORY JUDGMENT AND OTHER RELIEF FILED JULY 6, 2010, filed on SEP 1 0 2010 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a FINAL JUDGMENT is hereby ENTERED in favor of Defendant County Council of the County of Hawai'i, J Stanley Yoshimoto, Donald Ikeda, Guy Enriques, Dennis "Fresh" Onishi, Emily I. Naeole- Beason, Dominic Yagong, Brenda Ford, Kelly Greenwell and Pete Hoffmann, in their official capacities as members of the Hawaii County Council of the County of Hawai'i ( "hereinafter collectively referred to as County of Hawaii "). All claims against Defendant County of Hawaii are hereby dismissed with prejudice. Any and all other claims, cross - claims, and counter- claims are hereby dismissed with prejudice. There are no remaining claims or parties. Dated: Hilo, Hawaii, S P 1.0 2110 . ‘ A QUAAA \' IV • JU IP - OF THE AB - ENTITLED COQ APPROVED AS TO FORM: Dan A. Cole Plaintiff, Pro Se 2 :Omni CSupreme Court -- THE JUDICIARY • STATE OF HAWAII 417 SOUTH KING STREET • AU'tOIANn HALE - HONOLULU, HAWAII 96813 -2912 • TELEPHONE (808) 539 -4747 • FAX 539 -4703 Ronald T.Y. Moon James L. Branham CHIEF JUSTICE Alvin T. Sasaki Gregory C. Sugimoto STAFF ATTORNEYS June 21, 2010 Commission on Judicial Conduct 426 Queen Street, Room 118 Honolulu, HI 96813 -2914 Dear Mr. Sekiya: The Chief Justice received a letter from Dan A. Cole complaining about the conduct of Judge Glenn Hara. In accordance with standard practice for handling allegations of judicial misconduct, I am forwarding the letter to you for such action as the Commission on Judicial Conduct deems appropriate. Sincerely, Alvin. T. Sasaki c: Hon. Glenn S. Hara an A. Cole • • • �A Commission on Judicial Conduct — THE JUDICIARY • STATE OF HAWAII i< 4 ! �= ! 426 QUEEN STREET •HONOLULU, HAWAI't 968132914 - TELEPHONE (808) 539-4790 - FAx (808) 539-4756 T O p t. Gerald Y. Sekiya, Esq., CHAIR July 9, 2010 Shigeo Iwamoto, VICE CHAIR Dickson C.H. Lee, Esq. Janice M.T.L Loo Benjamin M. Matsubara, Esq. Michele T. Morikami Lynne T. Waters Mr. Dan A. Cole P. O. Box 630 Keaau, Hawaii 96749 Re: Complaint against Judge Glenn S. Hare Dear Mr. Cole: The Commission on Judicial Conduct acknowledges receipt of your letter dated June 9, 2010 which was forwarded to this office by the Supreme Court Staff Attorney's Office. We are in the process of reviewing your complaint and will contact you if we should require further information. A copy of your complaint may be sent to the judge. Thank you for bringing your concerns to our attention. Very truly yours, r / Gerald Y. Sekiya Chair GYS:aym • TO: The Honorable Florence Nakakuni 9 June 2010 United States Attorney PJKK Federal Building 300 Ala Moana Blvd., #6 -100 Honolulu, Hawaii 96850 USPS CERTIFIED MAIL #7010 0780 0000 9776 0981 TO: Special Agent In Charge U.S. Department of Justice Federal Bureau of Investigation 300 Ala Moana Blvd, Suite #4 -230 Honolulu, Hawaii 96850 USPS CERTIFIED MAIL #7010 0780 0000 9776 0998 TO: The Honorable Ronald T.Y. Moon Chief Justice Hawaii Supreme Court State of Hawaii Ali'iolani Hale Honolulu, Hawaii 96813 -2920 LISPS CERTIFIED MAIL #7010 0780 0000 9776 1001 To: Mr. William Craig Fugate Director Federal F,mergency Management Agency U.S. Department of Homeland Security 500 C Street S.W. Washington, D.C. 20472 • USPS CERTIFIED MAIL #7010 0780 0000 9776 1018 ATTN: Mr. Jordan S. Fried, Associate Chief Counsel for Litigation RE: COMPLAINT against the Honorable Judge Glenn S. Hara, Circuit Court of the 3' Circuit, State of Hawaii, for violations of 18 U.S.C. §1512 (b)(1)(3), Tampering with a witness, victim, or an informant Hawaii Revised Statues HITS §707 -764, (1Xi)(2) Extortion; 18 U.S.C. §241. Conspiracy against rights; 18 U.S.C. § 1584 Sales into involuntary. Dear U.S. Attorney Nakakuni, Chief Justice Moon, FEMA Director Fugate: The attached documentation provides Smoking Gun evidence that the attached Court Order, NOTICE TO ALL PARTIES REGUARDING THE STANDARD OF CONDUCT FOR SELF - REPRESENTING PARTIES IN THE THIRD CIRCUIT COURT OF THE STATE OF HAWAI'I, SECOND DIVISION, filed in the Third Circuit Court, State of Hawaii, 2010 MAY -3 AM 8:38, Ordered, Signed and Sealed by Judge Glenn S. Hara, is understood by Dan A. Cole, Plaintiff Se, and would be understood by a common person, to be a threat and coercion under the color of law, in conspiracy with the Director of the State Office of Information Practice, Cathy L. Takase, and Counsel for the Defendants, County of Hawaii Corporation Counsel, Lincoln S.T. Ashida. to withdraw Complaint Civil No. 10 -1 -82 , where the Court has O rdered the Plaintiff to comply with undocumented customs and practices applicable to civil litigation in Hawaii, where such customs and practices are kept secret from the Plaintiff, Pro Se, and could be capriciously enforced by the Court with the imposition of sanctions to include, but not limited to, ENTRY OF DEFAULT. Should I prevail in this Court action in accordance with HRS §92 -12 Enforcement, subsection (b) where the Circuit Courts of the State shall have jurisdiction to enforce the provision of the Hawaii Sunshine Law, by injunction or other appropriate remedy, where the Court would issue an injunction against the Hawaii County Council to comply with Hawaii Sunshine Law statutes, and to agendized a Public Meeting as required by HRS §92 -1 Declaration, and /or HRS §92 -8 Emergency meetings, (a)(b), would expose government corruption and the existence and membership of an Enterprise of corrupt County, State, and Federal officials in Hawaii that engage in patterns and histories of racketeering activities, that influence or extort County, State, and Federal officials in Hawaii, to include the Judges of the State and Federal Courts in Hawaii, to include apparent acts and actions of extortion committed by State Attorney General Mark Bennett, Hawaii County Corporation Counsel Lincoln S.T. Ashida, Judges of the District and Circuit Courts, of Third Circuit, State of Hawaii, et. al., in knowing and knowingly acts and actions, or in conspiracy by silence, to include but not li,riited to Extortion to prevent a victim, witness, or informant from presenting to a Judge, or other authority under the United States documented and verifiable evidence, and/or information, of conspiracies in violations of 18 U.S.C. § 1040 Fraud in connection with major disaster or emergency benefits, and/or 18 U.S.C. §371 Conspiracy to commit offense or to defraud United States. to defraud the United States of emergency for the benefit of the Enterprise, identified in part by their adherence to "Local ", cultural customs, and norms. In addition to the above mentioned actions it appears that Circuit Court Judge Glenn S, Hara could be in violation of EXHIBIT B, HAWAII REVISED CODE OF JUDICIAL CONDUCT, Canon 3(E)(1): A judge should disqualify himself or herself in a proceeding in which his impartiality might be reasonably questioned. If I prevail and the Court orders an injunction against the County to comply with the Hawaii Sunshine Law, to hold a public agendized meeting of the Hawaii County Council, my testimony, along with Federal, and County engineering documentation, and other facts and evidence would call into question the accuracy, or willful corruption of the FEMA Digitized Flood Insurance Rate Maps for areas in Hilo, Hawaii, which would have a devastating effect on the value or transfer of real property and flood Insurance premiums. State of Hawaii, DCCA records identifies that Hara, Glenn S, and/or his wife, Hara, Janet W, are officers or members in a number of Incorporations, Limited Liability 1 Companies, to include, H &I REALTY SERVICES, INC., YONIN INVESTORS LLC, DND SERVICES, INC., IKUHISA LLC, and TAKETA, IWATA, HARA & ASSOCIATES LLC, that have Real Estate Development, Management, Holding, or financial dealings. Public exposure of information related to the acts and actions of Agents of the County of Hawaii, and the Federal Government, supervising the un- approved, non-permitted, and undocumented alteration of stream beds in the Hilo, Hawaii area and the illegal disposal and dumping of flood debris and solid waste resulting in, or contributing to, tens of millions of dollars of property damage in the Hilo, Hawaii areas from a February 2008 flooding event, that would be publicly presented should the Court order and injunction for compliance, could reasonable be construed to create a great financial impact on Judge Hara, his relatives, and associates. THEREFORE Judge Hara's impartiality in presiding, or otherwise acting in Civil No. 10 -1 -82, might reasonably be questioned. State of Hawaii DCCA records identify that Counsel for the Defendants County of Hawaii, and the Hawaii County Council, Corporate Counsel Lincoln S.T. Ashida, and/or his relatives are officers or members of A. & A. HAWAII, INC., that have extensive real estate holdings and management rentals of warehousing in the Hilo area, and it could reasonable by construed that revised FEMA DFRIM could create a financial impact, to include but not limited to, higher flood insurance premiums, or devaluation of real property State of Hawaii DCCA records identify that State of Hawaii, Office of Information Practices, Director Cathy L. Takase, her brother Gerald Takase, Deputy Corporation Counsel, County of Hawaii, Public Works, and her sister -in -law, The Honorable Judge Barbara Takase, of the District Court of the Third Circuit, State of Hawaii, and relatives are Partners, Members, and/or Managers of GELOCAG PARTNERSHIP, DILLY'S, LLC., DJSM LLC., DJAT LLC., MELE PROPERTIES LLC. And KAHAOPEA 03 LLC., where the above mentioned companies deal in real estate acquisition, development, holding, and/or management, and there it could reasonably be construed that public disclosure of the aforesaid referenced information could create a financial impact, to include but not limited to, higher flood insurance premiums, or devaluation of real property. It is also noted that the attached documentation identifying members of the Richardson Law School for the Class years of 1977, 1978, and 1979, identify numerous Judges, Officers of the Court, and high ranking elected officials in County, State, and Federal government offices in Hawaii, and hold key decision making authority that have, or could have acted as an Enterprise to influence government officials and officers to act in action, or act in silence, in patterns and histories of racketeering activities in violations of Federal RICO statutes, for the benefit of the Enterprise. Sincerely, Thank you for your attention in this COMPLAINT. .1/Y4c., d Dan A. Cole ICED CI iCIMT COURT OF Dan A. Cole Tt E €` fii3 Main' STA;'E Of UAWAti P.O.Box630 Keaau, Hawaii 96749 2010 SAP -7 P11 1: 49 Telephone: (808) 966 -9229 Pro Se CLERK— a.._ °h{ IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII Dan A. Cole ) Civil No. 10 -1 -0082 ) (Declaratory Judgment) Plaintiff, ) ) PLAINTIFF'S RESPONSE TO vs. ) DEFENDANT'S NOTICE OF ) SUBMISSION OF 1) ORDER COUNTY COUNCIL OF THE COUNTY ) GRANTING DEFENDANT OF HAWAII, J STANLEY YOSHIMOTO,) COUNTY OF HAWAI'I'S DONALD IKEDA, GUY ENRIQUES, ) MOTION TO DISMISS DENNIS "FRESH" ONISHI, EMILY I. ) COMPLAINT FOR DECLARTORY NAEOLE - BEASON, DOMINIC YAGONG,) JUDGMENT AND OTHER RELIEF BRENDA FORD, KELLY GREENWELL,) FILED JULY 6, 2010 AND 2) PETE HOFFMAN, in their official ) FINAL JUDGMENT; EXHIBITS capacities as members of the Hawaii ) "A-D"; CER 1'IFICATE OF County Council of the County of Hawaii ) SERVICE JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) Hearing Date: August 25, 2010 ) Time: 8:00 a.m. Defendants. ) ) Honorable Glenn Nara PLAINTIFF'S RESPONSE TO DEFENDANT'S NOTICE OF SUBMISSION OF 1) ORDER GRANTING DEFENDANT COUNTY OF HAWAI'I'S MOTION TO DISMISS COMPLAINT FOR DECLARTORY JUDGMENT AND OTHER RELIEF FILED JULY 6, 2010 AND 2) FINAL JUDGMENT The Plaintiff Dan A. Cole, responses as follows: 1. The Plaintiff received the aforementioned NOTICE on 2 September 2010, attached hereto as EXHIBIT "A ". 2. On page 2., of the aforementioned Notice, Counsel Ashida, for the Defendants states before the Court: "(...Final Judgment was submitted to the above Petitioner Pro Se for approval as to form by letter dated August 26, 2010, a copy of which is attached hereto as Exhibit "C ". Petitioner Pro Se, however has not returned the document or otherwise responded.)" 3. On Monday, 30 August, 2010 the Plaintiff presented to the Documents Clerk of the Circuit Court of the 3 Circuit State of Hawaii an ORIGINAL and two, (2), sets of FILE COPY, of FINAL JUDGMENT; MEMORANDUM IN SUPPORT OF FINAL JUDGMENT; EXHIBITS "A-C "; CERTIFICATE OF SERVICE, and mailed Counsel for the Defendants a copy of the documents presented to the Court on 30 August 2010 at 1:20 PM. Attached hereto as EXHIBIT "B ", is a copy of the U.S. Postal Service CERTIFICATE OF MAILING; receipt for Postal Services for mailing the 1 lb. 15.40 oz document; and a copy of the FINAL JUDGMENT as presented to the Court. 4.. As written and presented to the Court by Counsel for the Defendant Lincoln S.T. Ashida, this statement is a clear violation of Hawaii Rules of Professional Conduct, Rule 8.4 MISCONDUCT (a) violate or attempt to violate the rules of professional conduct,...; (c) engage in conduct involving dishonest, fraud, deceit or misrepresentation, and indicates a pattern and history of said violations before the Court by Counsel for the Defendants. 5. On 25 August, 2010 during a Hearing before the Court, the Judge of the Court questioned Counsel Ashida as to knowledge of the Plaintiff's MOTION FOR SUMMERY JUDGMENT, Counsel Ashida, as remembered by the Plaintiff indicated 2. that he had heard of the document but hadf not seen it or had not had time to review the document. The Plaintiff has filed with the Court on 2010 AUG 31 AM 8:101 a request for a copy of the Written Transcript of the Proceeding for verification. The Plaintiff mailed Counsel Ashida a copy of the MOTION FOR SUMMARY JUDGMENT as filed with the Court on 2010 AUG 23 AM 9:42. United States Postal Service records identify that the Plaintiff mailed an article, Certified Mail, to the Counsel Ashida on AUGUST 23, 2010, 10:14am, and was delivered, received and signed for by the Office of the Corporation Counsel, County of Hawaii on 24 August, 2010, 11:34ant Attached hereto as EXHIBIT "C ", is a copy of U.S. Postal documents identifying the receipt of aforementioned MOTION by the Office of the Corporation Counsel; a copy of the Plaintiff's MOTION FOR SUMMARY JUDGMENT filed with the Court on 23 August 2010; and a copy for Written Transcripts of the 25 August 2010 Proceedings. NARRATIVE OF THE PLAINTIFF'S UNDERSTANDING OF THE COURTS RULING The rule of law underlies a constitutional democracy, and one of the critical components of the rule of law in a constitutional democracy is neutrality. The law is a promise. The promise is neutrality. If the promise is broken, if there is no neutrality in the enforcement, in the administration, in the interpretation of the law, then the law as we know it ceases to exist. The Sovereign State of Hawaii, by written words of the of the Preamble, and Canon's , of the Hawaii Revised Code of Judicial Conduct does profess this in stating: HAWAII REVISED CODE OF JUDICIAL CONDUCT • 3. PREAMBLE [1] An independent, fair, and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a central role in preserving the principles of justice and the rule of law. Inherent in all the Rules contained in this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. [2] Judges should maintain the dignity of judicial office at all times and avoid both improperly and the appearance of impropriety in their professional and personal lives. They should aspire, at all times, to conduct that assures the greatest possible public confidence in their impendence, impartiality, integrity, and competence. It is the understanding by the Plaintiff that the Court does not question the accuracy and veracity of the statements and documents the Plaintiff has presented before, and filed with the Court, where the Plaintiff, based on government records obtained from the governments of the County of Hawaii, the Defendants, the State of Hawaii, and the Federal government of the United States, haC identified, articulated, and predicted a future catastrophic flooding event the area of Hilo, Hawaii that is a direct result of the County of Hawaii's knowing and knowingly violations of State and Federal laws, where such future flooding result will result in injury, death, and/or catastrophic property damage, and where the Court anticipates the likely occurrence of the Plaintiff's predictions where the Court believes that the Plaintiff will be able to appear before the Court in an, "I told you so" pronouncement. Therefore it must be construed that the Courts actions in this case by signing and sealing the FINAL JUDGMENT, may be viewed as tantamount to the Court issuing to the Defendants blank Death Warrants, where the persons name will be filled in latter thereby absolving the Defendants, County of Hawaii, of responsibility by 4. decree, and under the Sovereign Immunity of the State. The documentation hereto attached under EXHIBIT "D ", identifies such personal and financial conflict of interest of the Judges and Officers of the Court, when viewed in light of the occurrence, or the possible occurrence, of the predicted Plaintiff's "I told you so" flooding event, that it destroys the very foundation of the Judicial system in the United States and the Sovereign State of Hawaii. The Plaintiff has identified the existence of an Enterprise formed and controlled, in part, by and through "Local " cultural, ethnic norms, professional associations and Law School Class, as defined in Federal RICO statutes, where such Enterprise influences, controls, or extorts employees, and officials of County, State, and Federal offices in Hawaii, to include the Judges and Officers of the Courts of the State and Federal Court systems in Hawaii. By actions, or failure to act, as documented in records of this case and other uncontested County, State, and Federal records it can be construed that the former U.S. Attorney for Hawaii Edward Kubo, the Current U.S. Attorney for Hawaii Florence Nakakuni, State Senate President Colleen Hanabusa, State Senate Chairman of the Judiciary Oversight Committee Brian T. Taniguchi, Vice Chair of the Senate Judiciary Oversight Committee Dwight Y. Takamine, and U.S. Senator Daniel Inouye, et. al., are active members of the aforementioned Enterprise The appearance of U.S. Senator Daniel K. Inouye in the State Court building of the 3 Circuit, on 1 September 2010 to present a belated military award to the father of 5. District Court Judge Barbara Takase must be questioned as to its timing relative to the Plaintiff's appearance before the Court. It is also understood that the father of Chief U.S. District Court Judge for Hawaii, Judge Susan Oki Mollway, wife to the former Hawaii State Ethics Director Daniel J. Mollway, was also a 442n comrade of Senator Inouye, and was recommended by Senator Inouye for the U.S. District Judgeship, an identifies an apparent ability to influence the State and Federal Courts by U.S. Senator Inouye It must be noted that if the Plaintiff prevailed in this case the Plaintiff would be viewed as having credibility and not as "Whacky" or in other degrading terms as used by governmental officials and Counsel Ashida in describing the Plaintiff, and would expose decades of organized government corruption as recorded in State and Federal Court records, and failure of the Courts to act on such uncontested and verifiable information, under the influence of a RICO Enterprise that engages in patterns and histories of racketeering activities, and would expose U.S. Senator Daniel Inouye's personal involvement in this corruption as exampled by Senator Inouye's Official Actions to order the destruction of government records detailing his involvement in a cover -up of the fact that the Air National/Air Force Facility build near the Hilo Airport was build backwards, does not contain the required earthquake reinforcements, was build of substandard materials, and without ventilation to buildings occupants resulting from the installation of massive non-fresh air conditioning systems to cool the non-insulated metal roof to prevent the Trade Winds from blowing into the exhaust lovers, picking up the hot air from the underside of the metal roof and blowing the hot air down on room occupants, in 6. addition to the radiant heat, and thereby depriving room occupants of fresh air in violation of state and federal building codes and is predicted to have caused health problems for Hawaii Air National Guardsmen who were required to re- breath contaminated air for extended periods of time. The Coi nsel for the Defendants is doing a disservice to his clients by exposing them to massive civil litigation that will result from future flooding events, or the public exposure of the documents and evidence on records of this case, as there can be no denial the Defendants knowing and knowingly through this Court action were and are aware of hazardous conditions that pose a peril to the public safety, health and welfare, and such litigation would bankrupt the County Government and place the County Bond Ratings to that of Junk Bond status due to pending wrongful injury or death lawsuits. In addition it is predicted that the actions of the County will cause a review by the Federal Emergency Management Agency due to the ongoing investigation of the Inspector Generals Office of the Department of Homeland Security, and the National Insurance Crime Bureau, as to the possibility of deliberate corruption of the Flood Insurance Rate Maps for areas of Hilo, Hawaii for the benefit of the Enterprise, and negatively effecting property values of others. Dated: Hilo, Hawaii 7 September, 2010: Dan A. Cole Plaintiff Pro Se 7. Jul 24 06 11:06a Dan Cole , - -966 -9229 p.4 TO: Councilman James Aiakaki 18 Nov. 02 - FROM: Dan Cole, phone 966 -9229 ,` 1 - , SUBJECT: Flood Control in your District Aloha Councilman .Arakalu, . 1 am writing to you in response to a article lathe Tribune Herald, S enday 17 Nov. 02, "On council to-do list halt floods, finish plan", and the Chris Loos 7 Nov., article about the County being sued over flood damage. Through this letter I am "Officially", bringing to your attention a flooding disaster waiting to happen in your district. I am pointing out to you that as a result of a Flood Debris Removal Project P-3535, the Palle Stream bed between Kilauea and Kinoole St_ was filled in and the stream path altered. This has been ccminmed by information obtained from the Hilo office of the Natural Resources Conservation Service. There is evidence that the Ccamty of Hawaii and the Fedeeal Ooh were defrauded into payment for work that was never done, and in fact the work performed may have created a greater potential for loss of life and property when the next great flooding storm happens. In so far as this work was completed less than two years ago the County may be able to bring legal action against the Contractor to ccurect this hazard and to restore the stream to its manual path, before the next flood. 1 am attaching a 2Q Feb. 02, letter from the County of Hawaii, Department of Pubic Works, that i the area of concern. It appears from photographs that the bulk ofthe 688 cubic yards, over eighty (80) dump truck loads, of debris that was removed from the identified property was dumped back into the stream bed. The Contract nor the Couxy can verify that the debris material was removed from the she and whew it was cfisposed o£ Please contact me for additional infomusion. Let us hope this hard can be corrected before the County becomes a Defendant in yet another law suit as a teesult of flood damage. Aloha, Dan A. Cole Copy to Hawaii Tribune Herald, w/o its THIS DOCUMENT WAS PROVIDED BY EXHIBIT ass THE MAYOR'S OFFICE, COUTY OF HAWAII, OCT 13, 2009, RE: O1' (APPEAL 10-11) Jul 24 06 11:06a Dan Cole '3-966-9229 p3 CONTRACT THIS AGREEMENT. made and entered on FEBRUARY 20 0 by and between the COUNTY OF HAWAII, a municipai corporafon, duly organized and existing under the laws of the State of Hawaii, by HARRY KIM. as Mayor, whose principal place of business and mailing address is 25 Aupuni Street, Hilo. Hawaii 96720, hereafter called *County, and ISLAND 66, LLG, whose address is 1211 f ans Street, i Hawaii 96720, hereafter called 'Contractor.' • That for and in consideration of the payments hereinafter mentioned, the Contractor hereby covenants and agrees to and with the County to furnish and pay for ail materials, toots, transportation, equipment, labor and other incidental work necessary to properly construct and complete in place, 'FLOOD DEBRIS REMOVAL FROM HILO STREAMS,' Job No. P -3535, South Hilo, Ham, together with equipment and all necessary appurtenances and work incidental thereto, all in aacordance_with the plans on Ile at the County Department of Putt Works fcir Project No. P -3535, the proposal, and • detailed specifications, att ached hereto, the General Requirements and Covenants, as amended. and the Standard Specifications for Public Works Construction, which plans, proposals, detailed speci�aations, General Requirements and Covenants, and Standard Specifications for Public Works Construction. including all additions thereto or deductions therefrom, are made a part hereof by reference. and to complete the same an or before April 4, 2001 , or on or before such later date as may be fixed in accordance with the specifications. The additions or, extras under this contract will not exceed the sum of DOLLARS ($ ). For and in consideration of the covenants, undertakings, and agreements of the Contractor herein set forth and upon the full and farlhful performance thereof by the Contractor, the County hereby agrees to pay to the Contractor the sum of ONE HUNDRED 'TWENTY -SEVEN THOUSAND SIX HUNDRED TWENTY -FOUR AND NO1100— ($127,624.00) such payments to be made, however, on the conditions hereto annexed and made a part hereof, and subject to such additions thereto or deductions therefrom or hereafter made in accordance with the provisions of such specifications, general conditions. and this agreement in accordance with Sections 103-53 and 237-45, Hawaii Revised Statutes, this contract shalt not be executed by the County of Hawaii unfit receipt of tax clearances from the State Director of Taxation and the Interval Revenue Service. in addition, final payment on the contract shalt be withheld until the receipt of tax clearances from the State Director of Taxation and the Internal Revenue ServiCe. It is understood and agreed that any services to be provided in accordance with the terms of Ibis contract may be terminated Immediately, in whole or in part, upon a finding by the County that these services roust be provided by public employees pursuant to Civil Seance Law or that such services wilt be discontinued. It is further understood, that should such a funding be made, the County will not be liable under this contract for any resulting damages, and such a termination wilt not be considered a breach of this agreement. IN WITNESS WHEREOF, the County has caused this agreement to be executed at Hit, Hama County and State of Hawaii, and the Contractor has caused this agreement to be executed at HILO - , Hawaii, State of Hawaii, as of the day and year first above written. RECOMMEND APPROVAL COUNTY OF HA . I, Director, DPW - " mayor County Date t xtrtj R t 'ZOO# By Rs Go don Gota President Contractor APPROVED AS TO FORM AND LEGALITY: No action- or proceeding involving the contract shall be iced by either party except in the Cwt or Disbict C orporation ., i _� Courts Of the Third Clrcia"i, County of Hawaii, State at Hawaii: County of i-Iawwai nor shall any action commenced in such court be removed or hanefeired to any other state or federal court. Date Gam- . �" - THIS HIE MAYOR'S OFFICE, O FICE, BY EXHIBIT "C" RAWAII, OCT 13, 2009 RE: O1P (APPEAL 10-111 • STATE OF ) COUNTY OF HAWAII ss '. COUA ) AFFIDAVIT OF JL _,/ A. S1 ADA JIR A. UMADA, ' being ( on of f �' and says: • hat he is Deputy [ ecto in for �/arn a , of { Iavrat as such Engtheer, he that the FL000 DEBRIS REMOVAL FROM HILO STREAMS, South Ffilo, Hawag, Job No. P has and he does hereby C / that a0 wodc done into nn buclion (*saidebove namedjob has been performed in a white Viand thatthe sari, FLOOD DEBRIS REWVAL FROM HILO . STREAMS, South # o. Imo, Job too. aforesaid, wets sagsfactorgy dieted an the 3rd day of Apd, 2001, at adds wfth the specTic a ions therefor and all - authorized changes thereto done and perkinned ht a wads:man ke manner es niquked and requested, and yoor afgant does hereby wcept the safrce as completed as of April 6,201. . A, - - d ri --. ' .�.:.; **mend mid swam b betas me this - t, ' day t Apr* A.D. - 2001 bf-JV Olaio4 %aerie AIL T . Notary P Stale of Hawag My comntssion expires May 9, cb EXHIBIT "N" _ , ■ — ■ I _ t. -.1 fiti k , _ --!----:, _ 1 ilTO-IC:="..,-'t'-i,-.!•-4 , ., 1 ,:_-_, ) , - - _ _. :,- - -_------_ - :LibdiEdiumityco.mpAny - -- - Island 66, ILO :;_eMitfaaikg . __ .- _ _ -- _ 1211 °Diana Street Phone (808) 959-8283 General Ointracb3r tkense Number ABC-22393 - _ Hilo, Hainan 96720 Fax (808) 959 County of Hawaii Date Apri19, 2001 Department of Public Worlis Lice Number: 203 25 Aupuni Street; Room 202 Connact Numbm 01132 Hilo, Hawaii Order NumbeE Island 66 lob Number: 204 Attn: Dennis K. W. Lee .•:: - Flood Debris Removal From Hilo Streams .'.,, ::- - - - Contract Amount...........:................................................................._ .................... $127,624.00 Complete To Date (92.26%) $117,740.80 Less 2.5% Retenti . $2,943.52 Total Amount I3u - - $114,797.28 Less Previous Payments $0.00 Amount Due This ftwoice, Payment #1 $114,797.28 - _ . - APPROVED: .N DEPART OF PUBLIC WORKS - COUNTY OF HAWAII By ! Data . 11 E)(iiisrr "M" t ItIl _____ ---s. --A —1..... J.......1.11 IL.: isabrwavt Mt rate at LS ser cat permed". I • COMMITTEE ON_MBLIC WORKS & INITERGOVEWVIENTAL RELATIONS 1 Session Haarai`i - Tuesday, December 17, 2002 The meeting of the Committee on Public Works & Intergovernmental Relations was called to order at 907 a.m. in the Councilroom, Havvai`i County Building, by Mr. Leningrad Elarionoff, Chair. _ ATTENDANCE: Present Mr. Leningrad Elarionof& Chair Dr. Fred Holschuh, Ill, Vice Chair Mr. James Arakaki, Member • Mr. Aaron S. Y. Chung, Member Mr. Bob Jacobson, Member Ms. Bobby Jean Leithead-Todd (cil) Mr. J. Curtis Tyler, III, Member Absent & Excused: Mr. Joe Reynolds, Member Mr. Gary Salmi, Member Also Present: Mr. Andrew Levin, Executive Assistant 11 (came in later) Mr. Lincol•Ashida, Corporation Counsel (came in later) Mr. Ivan Torigoe, Deputy Corporation Counsel (came in later) Mr. Jay Kimura, Prosecutor (came in later) Mr. Paul Nash, Public Works Department Engineer Mr. Brian Kajikawa, Building Division Chief Ms. Diane Shiro, Public Wolics Department Business Manager Mr. Kelly Gomes, Public Works Department Civil Engineer Mr. Casey Yanagillara, Public Works Dept Civil Engineer (came in later) Mrs Evelyn Fujii, Council Services Supervisor (came in later) M& Charmaine Doran, Legislative Auditor Assistant 11 Nis. &lila K. Yamamoto, Legislative Auditor Assistant Ms. Earlanne Sbintani, Council Aide Ms. Michelle Akoni, Council Aide Ms. Karin K. Dahlgren, Ccnmcil Services Assistant 11 • PW&IRC -1 ry 1 t pi'j December 17, 2002 • l u; CH R. ELARIONOE:F: The first session of the l lawail County Council Committee on Public Works & Intergovernmental Relations--- betbre we begin the meeting, I'd like to introduce some of the members that are present here today. Starting from my far left, we have Mr. Bob Jacobson: next to him sits Dr. Fred Holschuh: and next to him is Mr. James Arakaki. and then Mr. Curtis Tyler on my left; on my right is Mr. Aaron Chung: and I'm Leningrad Elarionol : Chair of this Committee. STATEMENTS The Chair called for statements from the public on items on the FROM THE agenda. PUBI JC ON ITEMS ON CI IR. H LARIONOFF: We start off with statements from the public. THE AQENDA: and we have a statement from Drew Stout. Drew Stout. ANDREW STOUT: The Chair called on Mr. Andrew 'Drew Stout. representing NRC :SRISDA (Natural Resources Conservation Service t I.S. Department of Agriculture). who made the following statement opposing Communication No. 7. regarding the flooding concerns of Dan A. Cole: MR. STOLJ : It's regArding something in the agenda. Ike you want to wait until we get to that point? • t'IIR. ELARIONOFF: No. it is on the agenda right now. In the meantime. I'd like to mention that we have excuses from three Committee Members- - Mr. Gary Safarik. Mr. Joseph Reynolds. and Ms. Bobby Jean l.eithead= 1'odd, { who couldn't be here. for different reasons. 'Y• � cw x 3 MR. STOUT: Okay. my name is Andrew Stout. Z `m a civil engineer for the 46 4 e. • Natural Resources Conservation Service, which is a department of the U.S. Department of Agriculture. My office is here in Hilo. but I work throughout `sue the island. I was involved with the County back in the flood of 2000 may. November—we had a 100-year storm event which I'm sure you're familiar with; and we had several contracts to repair damage from that flood: one of them was stream debris removal --and that's on the agenda today. There's a letter knit Dan Code (Comm. 7). it says. ' 7." It basically addresses the potential for flood damage, due to that contract for debris removal. Are you familiar with the letter that Dan sent? Has evervbmly read that letter_? Okay . I las everybody had a chance to read the rebuttal by the County.' Okay. I agree with the County as far as— f w&IRC -t v ; December 17. 2002 .:_ 1 i - MR. TYLER: I'm sorry. excuse "rye -- -a rebuttal by the County`' MR. ST(Xff: No. you didn't see that? MR. TYLER: You mean the February 20 letter' MR. STOUT: Okay I guess they haven't sent that yet But as far as addressing the concerns in the letter that -tet`s see. it says. "Flood debris- --t'_ actually just in that first paragraph. quoting from the Ietter, "Through this letter. I'm "officially." bringing to your attention a flooding disaster Waiting to happen in your district_ I am pointing out to you that as a result of Fled Debris Removal Project P -3535. the Palai Stream bed between Kilauea and Kinoole St. was filled in and the stream path altered. This has been confirmed by information obtained from the Hilo office of the Natural Resources Conservation Service." As tar as debris being filled in, and the stream path altered. I'd like to disagree with that. I thought the contractor did an excellent job. They removed all the debris that we asked them to remove. The stream is not altered as far as the path goes. The Emergency Watershed Protection Program. which is where the funding came from. the rules for that program are for stream bank protection, and also stream debris removal after a storm. We cannot increase the size or capacity of the stream, We cannot change the path ofthe stream. So. just by the rules. were not allowed to do that and the contractor uas instructed to take the debris out, get the stream back to the original capacity, and leave the stream as it is- -which I thought that they did_ And I'm sure it'll come up where that debris went to. On that particular job. one of the homeowners said he would like to fill: so it was placed on what the County thought was his property - -which is advent to the stream. It turned out not to be his property. so the County asked the contractor to remove the debris offsite. which they did. and I can confirm that. that the debris was remcwed: and it was not pushed back in the Amain at all. And I also have some photos. This first photo is what the strum looked like right after the storm. before the project started: and then the next photos. the following photos. this is what the stream looks Iike- --this is last week. Friday. If you look behind. you'll see a foot bridge right there:: and that foot bridge is kind of right here under all that debris, so you can sex the two photos are taken front the same spot—and pass those around. And if you have any questions regarding this matter. I'd be happy to answer them for you. 3 pwAraRC -1 t' fl 3 C December 17. 2002 But its my contention that the contractor fulfilled his obligations correctly, and the County did as well. This watershed protection is a partnership. The U.S. government pays 75 percent: and then a local sponsor —in this ease_ the County --pays 25 percent And E thought it was done rather well. CHR. ELARIONOFF: Okay. Mr. I Iolschuh has a question for you. DR. HOLSCHUII: Thank you. Mr. Chairman. Drew. good morning. MR. STOUT: Good morning. DR. H(3LSCHUI I: There was a mention -- -I presume what you're talking about. the County's "rebuttal:" is the February 20 letter to Mr. Cole from Ben Ishii from Engineering. is that correct? MR. STOW': No. theres another one. 1 thought. but I have that letter: DR. HOLSCHUH: Okay. does it mention in here about oil leakage? "We believe. we do not believe there was any oil leakage." Who had made the allegation that there was oil leakage? Because I did not see that in Mr. Cole's letter. Do you know anything about that? MR. STOUT: I believe that was a previous matter that Dan brought up: so I believe Dan brought that. DR. HOLSCHUH: Not specifically this. Okay. thank you. MR. STOUT: But its related to the same project. CHR. EiLARIONOFFF: Okay. are you finished? Okay. Mr. Tyler_ MR. TYLIiR: Yes. thank you. Mr. Chairman. (mod morning. Mr. Stout. thank ) ou for coming this morning. Did you contact -- --have you been in contact or spoken with Mr. Cote? MR. STOUT: Yes. 1 met Dan yesterday. We sat down for about an hour yesterday at my offxe and discussed it. MR. TYLER: And what did he did he come to these conclusions? 4 PW &IRC -t friFi P{9 3 El# December 17, 2002 MR.. STOUT; Well, he went to our Hilo field office which is across town, it's not the same office as me and asked for. I guess. a map of the arca; and he was given a map similar to this. This is the stream that's in question right here. And he thinks that this stream shows it being rather straight_ which l agree on this photo it is rather straight But this photo is actually made from- -1 don't know if you're familiar with these: these are the quad sheets. the USGS quad sheets: and they're made from aerial photos: so small alterations in the stream. you can't pick them up from the aerial photos. So. even though it may look straight on paper. it may twist and turn in reality. And l discussed with Dan that I had been out there last Friday - -I actually went out there again today —and the stream is relatively straight. It does - make a few minor jogs, but I would consider it a natural stream vrith a rock bottom. MR. TYLER: Okay. so he says in the second paragraph of his letter that. "There is evidence that the County ...and the Federal Government were defrauded into payment for work that was never done, and in fact the work performed may have created a greater potential for loss of life and property," Were you able to talk with him about this and.gct somewhere? MR. STOUT: Once again. he was saying that the stream. like on the map. shows it's straight. And he has some photos that he interprets that the stream is curved now. MR. TYLER: Okay. so you're confident that the stream has returned to its natural path. and no debris was put back in the stream? MR. STOUT: I'm confident that the stream was replaced back to the prc- flood condition by the contractor. I can't tell you if. before that contract. that stream had been moved and put in a different place: but 1 can tell you that they went in and took the debris out and restored it to the pre flood condition. MR. TY1 ER Okay. thank you very much. CHR. ELARIONOFF: Thank you. Mr. Stout, could you give us your credentials and Kilo you reptesent one moue time_ please. MR. STOUT: Okay. I'm a civil engineer. I work for the Natural Resources Conservation Service which is part of the 11.S. Department of Agriculture. CHR. ELARIONOFF: 011cay. thank you very much. 5 M 1-1 29 trig 3 F,9 December 17.200" CI IR. ELARION iI 'Thank k you. Mr. Tyler. Iec MR. TYLER: Yeah, just very quickly. Mr. Chairman. And so. what 1 would like to have happen is. Mr. Cole work with Mr. Nash, and if there's some legal work that needs to be done. Mr. Nash can ask the Corp Counsel: and then just come back and make a report to us_ you know_ as to what the findings are. And. Mr. Cole, if you still dispute this—and you know. well have copies of the pictures of the maps and - everything. 1 appn'ciate your bringing this to our attention and thank you. And Mr. Nash. thank you for being here this morning. too. Thank you. Mr. Chairman. CHR. ELARION OFF: Thank you. On the floor. we have Communication 7. a motion to file All those who approve, say The motion to close file on Communication 7 vvas carried by • the following vote: In Favor: Committee Members Arakaki. Chung. Holschuh_ Jacobson. Tyler. and Chr. Eiarionoff Opposed: None Absent & Excused: Committee Members Leithead -T odd. Reynolds. and Safarik CHR. ELARION9FF: Let's go to Communication 10. Comm. 10: RESOLUTION AUTHORIZING 111E MAYOR TO ENTER IN'ft) A (Res. 11-03) COOPERATING TFCIINICAL PARTN }iRS AGREEMENT WITI I 111E FEDERAL EMERGENCY MANAGEMENT AGENCY (FFMA) (for the South Kohala area) From Dennis K. W. Lee. PE. Director of Public Works. dated November 14. 2002. transmitting the above resolution. The primary purpose of this agreement is to establish up-to -date flood hazard data and a Digital Flood Insurance Rate Map (DFIRM) for the South Kohala area. CUR. ELARIONOFF: Can I have a motion to file Communication 10 and appnn a Res. 11-03. 39 EXHIBIT " FLOOD DEBRIS.REMOVAL FROM HILO STREAMS PLANS SOUTH HILO, HAWAII COUNTY AND STATE OF HAWAII JOB NO. P -3535 TION SHEET _ U. '�� RTMENt OF AGRICULTURE rt (i 523A Rev.10 -9T •' ; N RESOURCES CONSERVATION SERVICE / I I RO A r AI S1T AM, V L ) ST k0ty ES PROTEGTt IDATEj J8/ 0 HE BY L• IDA E JOBNO Ift Q Q5 T � 'k! i ! J ( SHEET H I f OF 2 ` ' "�" isocP I - REMO V E b . 20 D•BRt S = Ilk . . L1 'S I f - • ii WATERLINE , . :. ` ra FC€CTi LINE Fn. KI NOO LE ST - t t 2 GAS LINE. - .3': _a IP i - • 30. D f s Re-N1.0vA L gSt3 El - S ECT < . '' A _ _ ;`` 4 A q U1 CIS R›SEp DF• O : .s •` f o oE.L SHAL - C - : • 3' EJ E 1 . , ,.„, - Dtl 6 c rto a F ::tt1 ' - r : « ,.: �CILAv�A .- WOUSE ,L- • WATER LI?JE Y -yn : _, ( 2i .• 1 - " 100 - I = ;• 2- • �RosroN SECT B. IOC . - IO ;�; r is t . 1 1 . C _ F fir - : _- ' ' r` • Lincoln S.T. Ashida " 11;4- " a r m:; Corporation Counsel H�►rry Ktm • % ! Gerald Tame iwaYor --" = Assistant Corporation r- - ` -; . ° Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street Sure 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622 June 4, 2004 Honorable Mark J. Bennett Attorney General Department of the Attorney General 425 Queen St Honolulu, Hl 96813 Dear Mr. Bennett RE: Dan Coie On May 28, 2004, our office met with Mr. Dan Cole, concerning a complaint of illegal dumping which occurred on the Big Island of Hawaii. In sum, Mr. Cole alleges an individual has committed illegal acts of dumping, which in turn has caused Mr. Cole financial loss. Mr. Cole presented what appeared to be considerable credible evidence to substantiate his claims. Enclosed is a copy of a memorandum generated by the Hawaii County Department of Public Works summarizing Mr. Cole's contact with the County. Mr: Cole was advised to seek the services of the Attorney General's Environmental Crime's Unit to initiate a complaint and have this matter properly investigated. We ask your assistance on behalf of Mr. Cole to look into this matter. Mr. Cole may be contacted at P.O. Box 630, Kea'au, Hawari 96749. His telephone number is (808) 966 -9229. We thank you in advance for your kind consideration of this matter. Very truly yours, • LINCOLN S. T. ASHIDA Corporation Counsel End. z r cc:Aan Cole (w /out end.) Gary Safarik, Councilman (w /out end.) Bruce McClure, Director of Public Works (w /out end.) S; MCorp Counsel/1,9A t Correspilotter b AG re Cole 6-4-04fi_SAMr Hawaii County is an Equal Opportunity Employer and Provider EXHIBIT «C" CE3ZTY OF HA' ~ A. OF 'I►ANSMITTI. Department of PubBt ns 0 Engineering Division 25 Aupuni O , Hawaii 0 96720 DATE NalnaBER Phone: 9614327 O lac 9614630 March 18, 2004 e TO: Flood Debris Removal frost Imo Streams • Ian Cote ATIENT - • WE ARE SENDING: 0 Attached ❑ Transmitted separately via: CI Shcp Drawings ❑ Prints 0 Plans 0 &miles ❑ Specifications 0 Gtpyoftener ❑ Change Order 0 COPIES 1 DATE 1 NU DESCRIPTION 1 1. Report • AS CHECKED BELOW: ❑ For appal 0 Apps as mod 0 Resubmit _ copies for approval O For your use 0 Approved as noes Spit copies distnimtion p AS S 0 Returned for corrections 0 R.et wn coffected prhds ❑ Far review and conunent 0 ❑ or ❑ =; 0 REMARKS. C o Cis , cs COPY TO; SIGNED Paul N • w..amme ee mss .snt ae 'Wedi nett& US at once. COPYA HIS DOCUMENT WAS COPIED FROM JUDICIAL OTICE FILED IN THE 3 CIRCUIT COURT, FATE OF HAWAII Civil No. 10-1-0082- 2010 MAR 16 BACKGROUND Flood ri Removal from Hio Streams, County Sob No. P -3535, removed debris from stream ' beds at sever digit sites in ifilo alter the flood of November 2000. The project was funded in part by the Nagai Resoutees Conservation Service. The County awarded the contract to Ward 66 LLC on February 16, 2001, based on a competitive bid of $127,624.00. Mr. Pant Nash of the Dot of Public Works was the project manager on the job. Mr. Drew Sim of the Natural Resources Conservation Service assisted in the inspection of the work. ISSUES BROUGHT FORTH BY MR. DAN COLE 1. In May, 2001, Mr. Cole came into the office and asked us to delay closure ofjob. He explained that he had made a deal with Chris Folger, an employee ofisciand 66, regarding an exchange of services. Aug to Mr. Cole, Mr. Folger was to duct a parking lot € n Mr. Cole's property. Mr. Folger had indicated that he would be using excess dial from the Flood Debris Removal from Hilo Streams project to build the lot. Mr. Cole's complaint was that Mr. Folger dumped poor quality maul onto his property. • We told Mr_ Cole that his disagreement with Mr. Folger had nothing to do with the County, and we would not delay job closure for that reason. See May 23, 2001 letter for response. • 2. Mr. Cole later correctly tly claimed that is . 66, the eontractor for Flood Debris Renioval from Hilo Streams, leaked oR from his construction equipment while working on the • County pmjec`t. According to Mr. Stout ofNRCS who helped the County inspect the work, an oil leak at the Awapuhi Std site occurred when a dozer's hydraulic hose eke. The leak was outside the stream and less than 5 gallons. Mr. Stout asked the contmctor to clean it up, and the contractor complied. Our February 20, 2002 letter to Mr. Cole states that neither Mr. Nash not Mr. Stout saw any evidence eon image. This statement was ins sate. Mr. Stout stated that he didn't see any oil leakage into any stream. Mr_ Nash had misunderstood Mr. Stout when he wee the February 20 letter. The February 20 letter and a map showing the location ofthe leak are attac1or , reference. te c � 3 - - 3. Mr. Cole expressed verbally to Mr. Nash That Mr. Folger was not paying tars. Mz asi r verbally that the issue was beyond our jurisdiction. No written - 'was 4. In early 2002, Mr. Cole complained that the County treated him differentlyTrom affiher property owner though both he and the other owner were in a similar won_ The details are spelled out below: coP ms DOCUMENT WAS L OPIED FROM JUDICIAL 1OTICE FILED IN THE 3". CIRCUIT COURT, :TATS OF HAWAII avil No 10-1 -0082- 2010 MAR. 16 Ac cording to Mr. Cole, the contractor placed a large amoumt of flood deposit from a stream and placed it on ML Cole's property without permission. Although there was a verbal age between Mr. Cole and cantractoes employee, Mr. Folger, the agreement called for ball-sized water - washed rock with fines. The material placed on his property didn't meet this specification. The County, however, did not make the Contractor remove the material from Mir. Cole's property- A similar situation occurred during the same project. Mr_ Yoza, a landowner adjacent to one of the project streams, asked for the fled deposit material removed from the stream. • He instructed the contractor where to place the material, and the contractor complied. The next day the County learned that the land where Mr. Yoza had instructed the contractor the place the material was not owned by Mr. Yoza. We asked the contractor to remove the material Mr. Cole cites the above two situations as an example of inconsistency by the County. We told Mr. Cole inthe attached April 16, 2003, letter that the situations were different. In the first case, Mr_ Cole did give permission to dump material on his propel It was Mr. Cole's responsibility to enforce the specifics of the deal be had with the Mr. Folger. The issue was not brought to the County's won i,r tii after the contractor had finished all the work on the project In the second case, the owner never agreed to anyag- 5. Several times Mr Cole asked, "Where did all the material go?" Except for one site called KinoolelKilauea Street all material was disposed of on-site to provide flood protection. Of the 688 cy from Kinoole/Kilauea Street, 200 cy were disposed of on -site. Some of the remaining 488 cy went to Mr. Cole and some went to another site near Awapuhi Street. We aren't certain if this accounts for all of the material from Kinooleflilauea Street 6. In November, 2002, Mr. Cole's stated in a letter (copy attached) to Councilman Arakaki that the Palai Stream had been filled in and its path altered. This matter was brought before the County Council, which. asked Mr. Nash for a report addressing Mr. Cole's cam. Both Mr. Nash and Mr. Stout are experienced engineers who kept a close w one project, and they attest to the following. c0 r= f cry: a. The work was properly performed by the contractor. b. The stream bed was cleared of debris after the November 2000 stoniti A rs t c. The stream be was never filled in after it was cleared. This was veriiyiiin f December 13, 2002 survey_ d. The stream path was not altered as a result of the project. co e. Neither the County nor the Federal government was defrauded. HIS DOCUMENT WAS COI'IO FROM JUDICIAI, OP( • 1OTICE FILED IN THE 3 CIRCUIT COURT, ;TATE OF HAWAII Civil No. 10- 1-0082 - 2010 MAR 16 • • 7. On February 6, 2003, men !Cuba, Bruce McClure, Ron Takahashi, Mr. Stout, and Mr. Nash met with Ma Cole and heard additional concerns including that the inalivial placed on his property constituted an illegal waste damp. We recommended to Mr CoIe that he contact the Department ofilealth, who oversaw This kind of matter. Mr_ Cole had already done so in mid-2001. The Department of Health had investigated the matter and determined that the dal deposited didn't constitute a.health rick_ At that point they decided not to pursue any additional investigation. • -- co copy THIS DOCUMENT WAS COPIED FROM JUDICIAL NOTICE FILED IN THE 3 CIRCUIT COURT, STATE OF HAWAII Civil No. 10-1 -0082- 2010 MAR 16 - , . tO I eel . O L: is Q R t- co cQ Q Q o �` O? co ti} trs 0 E o r M J 0 8 0 0. z. 'C7 cr cis 0 0 W ° Q O� Q 0 a G • to 10 S Ca r 1 • t! C ....ate E Ce - ' co � v co • 0 0 0 a a n Q E c E CG • 1 s� to - ...0 tw 1 r - ' 70' CS in © 4`13 i- gi 0 I L c - a� rp co 6 p 0 ] J::1 0 7 ro w cv d TO a a. cy ` � 3 cs3 L a r° �" E um 1 ., • IMMIX 4~1.1111 simr ram .SG33efs Service . S ff . Prilted On: 04/0 sc. 3oa1D 0 Rte: HL JASON- GROWS- • Date Repoi 03/11S/24105 f 5 Mac ISMS. JASON i;ROUN5 OateOccunatt. OSP15121110Sti u Disposieum CLOSED - Close-O OStIMOSS-11a0 DispDtdec 03f# i05 Y2 - call-Typ Shift 2w Report District IL o - S40 tPIO sr - Incident Nunn .Accident.i . Cosinieni • • RegiES ANDMICENEDADVICE aE Toms EARLIER Witt2pENTAGESSAGELEFT .FURII.ERNFORMA - - Sou* /No Fah& • f �.._. . .. ...- ,.,.s - - � • f s • • • • • [ITS DOCUMEEI4T WAS COPIED FROM JUDICIAL H 1 B I T "LL" DIKE FILED IN THE 3 CIRcurr COURT, ATE OF HAWAII Civil No. 10-1 -0082- 2010 MAR 16 SS of Wi t , LEA LINGLE rr,ti GOVERNOR :.= A6AF2KJ.BENNETT - ATIORNEYG6i L • • LISA M -GIN A V ` . - FIRST DEPUTY ATTORNEY GENERAL STATE OF HAWAII DEPART.1E4 '0F THE ATTORNEY GENERAL • t.RNI1RIAL JUSTICE DIVISION • 425 QUEENS/REM' HONOLULU, (808)5588 -1190 - FAX (808) 586 -1375 App 22, 2008 • Dan A. Cole P.O. Box 630 Keaan, Hawaii 96749 . Re: UIPAI FOIA request Dear Mr. Cole: I am a Deputy Attorney Gil in the Criminal Justice Division and I have been assigned to research and respond to yourDlPA / FOIA request on behalf ofthe Department of the Attorney General. • - You requested. "a copy ofthe fle, and any other retained documentation, resulting from actions taken in response to the June 4,=2004 letter ofrequest for investigation of Environmental Crimes, from - Lincoln S.T Ashida, Corporation Counsel, County of Hawaii." . Environmesnal caimes are investigated bythe Environmental (Mmes Unit of the Inver Division of Department ofthe Attorney General. I referred your request to . the Supervising Investigator of the Environmental Crimes Unit, Ryan Yamasaki. He researched to matter and found no records or doffs that would respond to your request. He informed me that no file was created and no investigation tookplace in response to Adz Ashida's leer because you retracted upon being notified that you would also bea: Sincerely yours, Mamma. Sierra Deputy Attomey General cc: Lin to Joesting, 011' 2815391.13QC HIS DOCUMENT WAS COPIED FROM JUDICIAL [OTICE FILED IN THE 3 CIRCUIT COURT, TATE OF HAWAII Civil No. 10-1 -0482- 2010 MAR 16 ao IAI THE ,... ,.... ,�,. UNITED STATES DISTRICT COURT DAN A. COLE , DISTRICT OF HAWAII P.O. Box 630 Keaau, Hawaii 96T49 • • NC 0 Telephone: (808) 966 -9229 Plainta Pro Se at, o'clock and `' , ' t SUE BE17IA, CLEF IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII COLE, DAN A. ) CIVIL No. CV05 -00325 JMSBMK Plauttifl ) PLAINTIFF'S MOTION TO REFER ) - RECORD OF CV05-00325 TO THE vs. ) U.S. ATTORNEY GENERAL FOR ) INVESTIGATION OF CRIMINAL AND STATE OF HAWAII, COUNTY ) CIVIL VIOLATIONS OF UNITED STATES OF HAWAII, JOHN DOE 1 -50, ) CODE BY THE DEFENDANTS; JANE DOE 1 -10, DOE ) MEMORANDUM IN SUPPORT OF CORPORATIONS 1 -10, DOE ) MOTION; CERTIFICATE OF SERVICE PARTNERSHIPS 1 -10, DOE ) GOVERNMENT AGENCIES ) 1 -10 ) ) Defendants. ) PLAINTIFF'S MOTION TO REFER RECORD OF CV05 -00325 TO THE U.S. ATTORNEY GEN2RAL FOR INVFSTIGATION OFgRIM1NAL AND CIVIL VIOLATIONS OF UN1'TED STATES CODE: COMES NOW Ply Dan A. Cole, and hereby moves this Honorable Court to refer the record of CV05- 00325, to the -U.S. Attorney General for investigation of Criminal violations of Title 18 U.S.C. Section 371 Conspiracy to commit offense or to defraud United States, for Civil violations of Title 31 U.S.C. Section 3729 False claims, and for Criminal violations of Title - 18 U.S.C. Section 241 Conspiracy against rights. Acts committed by the Defendants. 1. EXHIBIT "D" PART II. SOLID WASTE CONTROL §3428 - 30 Prohibition. (a) No person, including any public body, shall engage in the operation of an open dump. (b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director. (c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount greater than one or less than ten cubic yards.in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance. `(d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be subject to one or more of the following penalties: (1) Criminal penalties of not more than $25,000 for each separate offense; (2) Not more than thirty days imprisonment for each offense; or (3) Revocation or suspension by court order of any contractor's license to operate as a contractor or any applicable certificate of authorization from the public utilities commission. Each day of a violation shall constitute a separate offense. (e) Each fine collected under this section shall be distributed to the authorized agency that enforced the activity prohibited under this section; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited under this section. [L 1989, c 212, pt of 54; am L 1994, c 210, §6; am L 1997, c 268, 53; am L 1998, c 226, 52; am L 2004,.c 143, §2 and c 145, 52) Previous Next Previous Next EXHIBIT ',ctr oft 9/5/20059:18 Al • Jam` 16174C-933, is for construction or alteration. No person shall construct or alter a stream. diversion works, other than in the course of normal maintenance, w3.thout first obtaining a permit from the commission. The commission may impose such reasonable conditions as are necessary to assure that the construction or alteration of such stream diversion works will not be inconsistent with the . general plan and land use policies of the State and the affected county. Nothing in this section shall-be construed to be inconsistent with part- IV. A person proposing to construct or alter a stream diversion work - shall apply to the cession -for a• permit authorizing such construction or alteration. The application shall contain the ollowing• (1) Name and address of the applicant; (2) Name and address - of the owner or owners of the land upon. which the works are to be constructed and a legal description of such land; (3) Location of the work; • (4) Engineering drawings showing the detailed plans of constriction; -(5) Detailed specifications of construction; - (6) Erie and address of the person who prepared the • plans and r specifications for construction; (7) Name and address of the person who will construct the proposed work; - (8) General purpose of the proposed work; and (9) Such other information as the commission may require. EL - 1987, c 45, _ pt of Previous- Next - - _ PART • a " ora Ch912I -020011 PART 4TTT . STRZAH D_ _ ERV20tj WORKS 18174C-91J Definition. In this part: " means any art ificial or natural structure eam for th purpose water.. CL 1987, c 45, pt of 52] of e� stream etrvibus r Waited Stites Olimpaiimant of P.O. B c 8 Hanc404 H! 96850 ,June 5, 2008 Mr, Dan A. Cole P.O Box 630 Keaau, [- wanu 96749 Dear Mr. : SUBJECT Freedom of Information Act (FOIA) Request _ Flood Streams, Job No. Pte, Department of � W Rif from Hilo County of Hawes This letter is in response b your Freedom of Information Act (FOIA) request dated May 2 2008, received in our office an May 5, 2008. As requested, a compere and thorough search of all records was were no documents relating for (1) apps, pennitg, and app for the construction of the scream - dversion works in Hilo StieamM and (2) from the State Director of Health for - Slmteln- of solid waste, flood debris, outside of an approved Sorrel Waste Management The Proposal, Plans, and Sperms for Flood Debris Removal from Hilo Streams, Job No. P-3535, is enckeed, in accordance the FOIA. Please be advised that this Job was issued and contracted by the Department of Pub Works, County of Hawed, so they may be the agency you need to comet for r your -_fo€majon_ If you have quesffons, please caN ow office at {O) 541-2600 ext 116. Sincerely, KEITH Y. HARADA FOIA Officer, Polio Islands Area 0 taWrence Yamamoto, Director — PIA, NRCS, Honolulu, HI Sherman While, PC, CM EnOneer, NRCS, Hilo, HI Helping People Help the Land memienabserandthersawfsipbow E rb + • \_, . Harry Kim :`.: „ --:2, lit ,,:l Brace C. McClure Miryor 2 r �'. = . I- Director _ Jiro A. Sumada donut of Atli/ 4. (.4. , - DEPARTMENT OF PUBLIC WORKS • . Aupuni Center 101 Pauahi Motet, Suite T Into, Hawaii 96720 -4224 (808)9614321 - Fax (808) 961 -8630 - www Co hawaii hi us April I, 2008 DANA. COLE P.O. BOX 630 - - KEAAU, HI 96749 SUBJECT: REQUEST FOR INFORMATION - 3126/08 This is in response to your March 26, 2008 letter. We do not have any permits, records or documents relative to your request so we are unable to furnish the following: _ 1. Copies of permits and all other documentation per HRS 174C -93. 2. Copies of completion report per HRS 174C -94_ 3. Copy of approval from the Director of the State Health Department as required by HRS 342H- 30(c). Should you have any questions, please contact Galen Kuba, at 961 -8422. G� _ k L°�. -c ��� - R UCE C. M P. E. Director of Public Works c: Corp Counsel - Ivan Torigoe Comity of Hawaii is an Equal Opportunity Provider and Employer. HIS DOCUMENT WAS COPIED.FROM JUDICIAL IOTICE FILED IN THE 3 CIRCUIT COURT, TATE OF HAWAII Civil No. 10-1-0082- 2010 MAR 16 Harry Kim #,� �r .. * - Bruce C_ McClure Mayor — _ Director 1 Jiro A. Samada 1rax i o f Aatintri Deputy Director • DEPARTMENT OF PUBLIC WORKS Aupuai Center 101 Panabi Street, Suite 7 -1fito, Hawaii 967204224 (808) 961-8321- Fax (808) 9614630 www.co.hawaiihim April 25, 2008 DAN A. COLE P.O. BOX 630 - KEAAU, HI 96749 SUBJECT: REQUEST FOR INFORMATION - 4/21/08 This is in response to your April 21, 2008 leltG�. As requested by item 1 of your letter, we have enclosed: Plans on file for County DPW Project No. P -3535 for `Flood Debris Removal from Hilo Streams." There were no contract change orders that addresses item 2 of your letter, so we are unable to furnish the following: Authorized change order to the CONTRCT, directing the Contractor, Island 66, LLC, to dispose of flood debris on site to construct stream diversion works to provide flood protection. Should you have any questions, please contact Galen Kuba, at 961 -8422. BRUCE C. McCLURE, P. E. Director of Public Works Enclosure c: Corp Counsel - Ivan Torigoe County of Hawaii is an Equal Opportunity Provider and Employer. HIS DOCUMENT WAS COPIED FROM JUDICIAL OTICE FILED IN THE 3 CIRCUIT COURT, FATE OF HAWAII Civil No. 104-0082- 2010 MAR 16 - Bruce C. McClure Ha Kim \' Director ma Jiro A. Sumada DeputyDirector Clunk of g. a Mai DEPARTMENT OF PUBLIC WORKS Anpani Center 101 Paualxi Street, Suite 7 - Hilo, Hawaii 967204224 (808) 961 -8321 - Fax (808) 961 -8630 June 13, 2008 Mr. Dan A. Cole P. O. Box 630 _ Keaau, 111 96749 SIJ.BJECT: HAWAII STATE UNIFORM PRACTICES ACT, HRS 92F, REQUEST FOR ACCESS TO GOVERNMENT RECORDS Project Flood Debris Removal from Hilo Streams Job. No. P -3535, County and State of Hawaii In response to your letter (dated June 9, 2008) requesting written orders of the engineer, we provide the following. A complete and thorough search of our records was conducted and we could -find no written orders of the engineer within our files in reference to "directing the contractor to dispose of 4,029 cubic yards of flood debris on-site." - The project engineer the subject project was Paul Nash who is no longer working for the County. Should you have any questions or concerns, please contact the Engineering Division at 961 -8327. RUCE C. MCCLURE, P.R Director MIS DOCUMENT WAS COPIED. FROM JUDICIAL ■OTICE FILED IN THE 3 /11) . CIRCUIT COURT, STATE OF HAWAII Civil No. 10-1 -0082- 2010 MAR 16 County of Hawaii is an Equal Opportunity Provider and Employer N Z y-- ---._ . ! - 3 .: - -c - .- i . 7 t +y �•- -, - c_ ate - �..\ -L -:-J...- ,- �� � ,._ ` Mawr S nf _ •sr ___ .x f /tom, •. �, _ � 1 I a t • 1 \ • - '0 1 , --...,..,_ • .....\ V: , E , -v - i 111° ...f =0. 1 2 71 • ' . t ` �- I • )\--------\------_____.„,,,, - 1-- \ i 1 t �� ......434 OV ..,00,. j 1 1 • I it) . \ IMO jt i u a f� r ..„=„,- R. . z 4 '' . i:.,:-. -, C9 coa _ � g \ r - • - Phonw (808)961-8272 YOSHIMOTO - Council Member - FAX: (808) 961-8912 - * BMA: iyosttimatecolawailliats District 3 - _ - ITAWAYI COUNTY COUNCIL • COUNTY OF HAWAN April 15, 200g The HonorableEdwardE Kube• United Stales ios:aey • PJKX.FederalButicang • 300 Ala Mama Blvd., #6-100 - • • Honolulu., HI 96850 Dear U.S. Attorney raibo: Subject Criminal. Violations of State and Federal. Laws Oat Resulted in tbe Flooding Damage in Hilo from ihe February 2008 Rains; and Illegal Dumping of Solid Waste in ibePuna Disbict Pursuant to a request by Mr. Dan Cole, 1 am forwarding the enclosed communications from him.regarcring the above subject If youbave any questions or require more information, please contact Mr. Cole at Mr. Dan Cole P.O. Box 630 Keafau, HI 96749 (808) 966-9229 0 cz, C) m . . &wady. _ C • „A..1 Fri EN.) • J Yoshimoto, Connell Member Fri 73 Hirwail County Coma ?- 0 Council Dist' rkt 3 • - > JY/dwe Attaclimente Mt: - Dan Cob- v- Comm tic. i4olunC70,,Jejt. EXHIBIT "B” Ref. To: Ref. DotairSaLDAL... ifiesmiT Cour* Is 44 it aqsai Viiportvnily Provkler Anti Bail:gayer MAIRgAdthesc TonuerCbunlyBundiag)25AnpaniStive4Rik&Hawati 96720 BasinessAddasz BathmakrzaButhrtegpr 96720 EXIMBIT "B" • *-- _ : tram irk' - •iw - „e _ { Arzwor . - L ff. l shu • ' - _:V 1 pV;i , o Hairy S. Icabo - County of Hawaii. - ”' afic poucz Dammam. 349 Kapialani Sent *moo Baia 96720499$ 0303)9353311 • Fax -8869 • MaY 29! 2008 - - - • - Ms. Janet L.. Kanrerman Special k'►C U.S. Depart ofd • Federal i ureati of Investigation 300 Ala filoana Blvd: Suite #4-230 - - Honolulu, Hawaii 98850 - ' - Dear enrran: This is a follow-up to the phone conversation Major Marshall Kanehathua of the - Hawali Police Department had with Supervisory Special Agent Tom Gkxioso on May 29, 2038 During conversation, Major Kanehailua had requested the Pars assistance sng the aegaffortS of govemmmt corm ouffined in Mr. Dan Cole's letter dated May 6, 2008. Itarjor Kanehakua was informed by SSA that the PBI had already received a copy of the letter and Is currerdly deeding on the appropriate action to be taken- . _ - • &mkt your office decide to Inge an Invesreation of aleged amruption wfthkr. _ - . our department, we me fuuy prepared to cooperate w i such investigation. Shotdd you have anYquestions,•feel tee to contact Major Marsha Kanehaiva of . - our Athnkdstrative eumenr at (808) 961,2247. . if' T' - i a E K. MAHUNA - POLICE CHIEF c Dan Cote_ l#a.► n Ossity is as flppoasaity Paovidearaad Employee • 000 WGH050 PHFO 072329 FFWHFO HIC001- 080230- /O.NEW.PHFO.FF.W.0005. 090307T2329Z- 090308T0230Z/ / 00000. 0. ER. 000000T0000Z .000000T0000Z.000 - 000T0000Z.00/ - BULLETIN - EAS ACTIVATION REQUESTED FLASH FLOOD WARNING NATIONAL WEATHER SERVICE HONOLULU HI 129 PM HST SAT MAR ?`2009 THE NATIONAL WEATHER SERVICE IN HONOLULU HAS ISSUED A * FLASH FLOOD WARNING FOR... THE ISLAND OF HAWAII IN HAWAII COUNTY * UNTIL 430 PM HST * AT 122 PM HST...ADTHORITIES REPORTED THAT HIGHWAY 11 BETWEEN MILE MARKERS 2 AND 4 SOUTH OF HILO IS CLOSED-DUE TO WATER AND MUD ACROSS THE HIGHWAY. THE AREA OF RAIN CAUSING THE FLOODING IS NEARLY STATIONARY. PRECAUTIONARY /PREPAREDNESS ACTIONS... 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L1I Legal Information InsU7ute home search finds lawyer donate U.S. Code ^„ main page faq index search TITLE 18 > PART I > CHAPTER 47 > § 1040 § 1040. Fraud in connection with major disaster or emergency benefits -- (a) Whoever, in a circumstance desabed in subsection (b) of this section, knowingiy— (1) fatsiies, conceals, or covers up by any trick, scheme, or device any material fact; or (2) makes ty fal, fictitious, or dtmnt nr , or es rty knowing the same any In materiat contain se any materially faire fectltiulent ous staee, or fraudulent representation statement or representatio or usn, a false writing or document in any matter involving any benefit authorized, transported, transmited, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster- Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this tile, imprisoned not more than 30 years, or both. (b) A dreumstance described in this subsection is any instance where — (1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; (2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or (3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof. (c) In this section, the term 'benefit" means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the tfnlled States, a State or local government, or other entity_ • http:// www.law.comell.edu/uscodell8/usc sec 18 00001040 - -- 000 -.htm1 4/16/2010 0 , - ,- Cornell University - Search Law School Search Cornell LII / Legal Information Institute U.S. Code collection iUiLE18 > PART I > CHAPTER 19> §371 § 371. Conspiracy to commit offense or to defraud United States If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency = thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum ari =' punishment provided for such misdemeanor. LII has no control over and does not endorse any external Internet site that contains links to or references LII. http:// www4law .comelLedu/uscode/18 /371.html 7/14/2009 Vim 4; Law Cori tell University School_ Search Law School Search Cornell LIT / Legal Information Institute U.S. Code TITLE 18 > PART I > CHAPTER 47 > § 1002 § 1002. Possession of false papers to defraud United States Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both. LII has no control over and does not endorse any external Internet site that contains links to or references III. http: / /wwwlaw cornelLedufuscode /18/usc sec 18 00001002 --000- htmi 2/13/2010 §710 -1017 Tampering with a government record. (1) A person commits the offense of tampering with a government record if: (a) The person knowingly and falsely makes, completes, or -~ alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or (b) The person knowingly presents or uses a written instrument - which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or (c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in_a governmental office or agency, a written statement which has been falsely _ made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or (d) Knowing the person lacks the authority to do so: (i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or (ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes. (2). For the purpose of this section, "government record" includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government. (3) Tampering with government records is a misdemeanor. [L 1972, c 9, pt of §1; am L 1991, c 145, §2; gen ch 1993] COMMENTARY ON §710 -1017 This section is intended to penalize conduct which undermines confidence in the accuracy of public records. The accuracy of public records is essential to efficient public administration and, beyond the immediate context of public administration, the government has an interest in protecting public confidence in its records. This section does not require that the misuse of the public record be with intent to defraud another, i.e., to injure an interest which has value, as do the sections on forgery. Nor does this section require that the information made part of the public record, or offered for recordation, registration, or filing, be under oath or sworn to, as do the sections on perjury and related offenses. Those offenses, however, do complement the offense of tampering with public records, but they deal directly, and in a more precise context, with the aggravated circumstances presented. http:// www. capitoLhawaii .gov/hrscurrent/Vo114 Ch0701- 08531HRS0710/HRS 0710 - 1017.... 5/2/2009 This section is also addressed to the problem of access to public records. Obviously, acts of destruction and concealment impair the efficiency of public administration. Subsection (1)(d)(i) is intended primarily to cover acts of destruction, concealment, or impairment by individuals vis -a -vis the government, whereas subsection (1)(d)(ii) is intended primarily to cover the •situation where a public servant refuses to surrender records to another public servant when the public servant has the duty to do so. Both clauses of this subsection are, however, worded broadly in order to cover acts of destruction, concealment, or retention outside their areas of immediate concern. Subsection (2) is intended to be inclusive and to cover not only records - traditionally considered "public" but also information kept for the-benefit of the government, such as medical prescription records. Previous Hawaii law on tampering with public records is similar to the code,[1] however the Code covers acts of tampering not covered under prior law, clarifies the acts that are covered, and dispenses with the former, archaic requirement of "malice" as it relates to this offense. §710 -1017 Commentary: 1. H.R.S. §753 -3. Previous Vo114 Ch0701 -0853 Next http: / /www. capitol .hawaii.gov /hrscurrent/Voll4 Ch0701- 0853/HRS0710/l3RS 0710- 1017.... 5/2/2009 5707 -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; y (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. hftp://www.capitabawaiLgov/hrs2007No114 Ch07014853/HRS0707/HRS0707-0764.htm 2/8/201 rrmt Page 1 of 2 From: Dan Cole (cole hawaii@yahoo.com) To: bford @co.hawaii.hi.us; dikeda@co.hawaii.hi.us; bford @co.hawaii.hi.us; dikeda@co.hawaii.hi.us; donishi @co.hawaii.hi.us; dyagong@co.hawau.hi.us; enaeole @co.hawaii.hi.us; genriques @co.hawaii.hi.us; jyoshimoto @co.hawaii.hi.us; kgreenwell @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; Date: Wed, October 20, 2010 11:30:17 AM Cc: Charles@djou.com; Derek.3.Chow usace.arm .mil• of @ 1 @ y , p@hawaii.gov; aphonaiulu @ap.or�, hcpdone @co.hawaii.hi.us; eric.simmons @dhs.gov; glennbeck@foxnews.com; jbriski @co,,hawai hi.us ;.. wkenoi @co.hawaii.hi.us; sslagle@nicb.org; wht@aloha.net; Neily.X.Williams @usace.ary.mil; Subject: Wanton & Reckless Criminal Misonduct of the Hawaii County Council Aloha Hawaii County Council Members: I have not received any correspondence from any of you disputing n assertion that State and Federal criminal charges should be filed againsf you for your Wanton & Reckless official actions to keep from the public an imminent peril to the public safety, health or welfare from possible future flooding events as described or alluded to by Mayor Kenoi in a Hawaii Tribune - Herald article, and predicted and identified by County, State, and/or Federal government engineering documentation on file as an Exhibits in the civil case against you, Civil No. 10 -1 -82, in the Circuit Court of the 3rd. Circuit,. State of Hawaii. I have attached the front page of the 14 October 2010 notice to file Criminal Complaints I delivered to the County Clerks office, and the US Postal Service Certified Mail Receipts identifing that the aforementioned Federal Complaints were sent out. I am presently preparing complaints to be filed with Hawaii County Police Department for patterns and histories of violations of Hawaii Revised Statutes 707 -764 EXTORTION, against all Council Members as Principles, Conspirators, or Accessory After the Fact. An example of Extortion is identified in records of the Council meeting for the approval of a FEMA Grant to revise identified corrupt and /or fraudulent FEMA Flood Insurance Rate Maps, esp. FIRM Community Panel Number 155 166 0870 C, also know under Letter of Map Revision Case No. 09-09 - 2120P. The official statements as recorded in the minutes of the Council meeting where Council member Naeole- Beason stated that she has seen me in the neighborhood drinking beer and shooting and she had to seek advice from the County's Corporation Counsel for possible protective actions because Council member Naeole- Beason stated she was being and had been harassed for years by me. I call on Ms. Naeole- Beason to identify Where and When she purportedly witnessed the publiclly stated acts and actions, and What Acts of Harrasment she is identifing in the Council minutes. Additional statements made during the same meeting http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand=ffb83avtatp6b 10/20/2010 Page 2 of 2 by Council members Hoffmann and Enriques were also acts and actions in violation of HRS 707 -764 (1)(e)(f)(h)(i)(k) for the purpose to subject me to hatred, contempt, or ridicule to impair my creditability so that other Council members would be influenced to ignore my testimony and warnings of imminent peril to the Public Safety, Health, and /or Welfare, along with identified criminal activity and organized government corruption by other county officials, and approve the FEMA Grant to produce fraudulent and corrupt FEMA FIRMS for the benefit of an Enterprise organized and controlled by and through "Local" cultural and ethnic norms by persons and corrupt government officials that have engaged in patterns and histories of racketeering activities for the benefit of the enterprise, which in this case would be to hide, or reclassified FEMA Flood Zone designations for land /subdivision development in Hilo by politically connected persons at the jeopardy of people downstream from the County authorized and supervised non - permitted and non- documented Stream Diversion Works constructed in 2001 from over 4,000 cubic yards of material under a federal funded contract P -3535 to clear Hilo Stream beds of storm debris from the 2000 floods with the material used to constructed flood protection structures for said properties. As always if any Hawaii County Council member disputes any of the aforesaid assertions or statements you must contact me with verified evidence and/or reasons for your official actions as recorded in Council Minutes of various meetings. It is my intention to begin filing criminal Extortion complaints with the Hawaii County Police Department for RICO Act violations on 27 OCTOBER 2010. Thank you for your attention in this matter. Sincerely, Dan A. Cole Council Distirct #5 http:// us.mg2.mail.yahao.com/dc/launch ?.rand ==ffb83avtatp6b 10/20/2010 (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: 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. 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 Hawaii State and Federal Legislators to Amend Vaccine Laws to Include NO. 237 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 Hawai`i County Council — 28 December 2, 2009 ORDINANCE Amends Ordinance No. 09 -64, as Amended, the Operating Budget for the BILL NO. 166 County of Hawaii 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 DP-W 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 Hawaii 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 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 $71,300-1 think we should grab it, and that's my mana `o. Mahalo. CHR. YOSHIMOTO: Okay, thank you, Ms. Naeole. Mr. Greenwell. Page 135 Hawaii 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 in here 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 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 comer, 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 join the gang. Thank you. CHR. YOSHIMOTO: Thank 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 continent, 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 Hawaii County 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. 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 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 138 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. 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Kenai Community No.: 155166 Mayor, Hawaii County Effective Date of 25 Aupuni Street This Revision: October 15, 2010 Hilo, HI 96720 Dear Mayor Kenoi: The Flood Insurance Study Report and Flood Insurance Rate Map for your community have been revised by this Letter of Map Revision (LOMR). Please use the enclosed annotated map panels revised by this LOMR for floodplain management purposes and for all flood insurance policies and renewals issued in your community. Additional documents are enclosed which provide information regarding this LOMR. Please see the List of Enclosures below to determine which documents are included. Other attachments specific to this request may be included as referenced in the Determination. Document. If you have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the Consultation Coordination Officer for your community. If you have any technical questions regarding this LOMR, please contact the Director, Mitigation Division of the Department of Homeland Security's Federal Emergency Management Agency (FEMA) in Oakland, California, at (510) 627 -7175, or the FEMA Map Information eXchange (FMIX) toll free at 1-877- 336 -2627 (1-877-FEMA MAP). Additional information about the NFIP is available on our website at httpi /www.fema.gov /nfip. Sincerely, (- 6V-frk CLACTIC>K— Beth A. Norton, Program Specialist For Kevin C. Long, Acting Chief Engineering Management Branch Engineering Management Branch Mitigation Directorate Mitigation Directorate • List of Enclosures: Letter of Map Revision Determination Document Annotated Flood Insurance Rate Map Annotated Flood Insurance Study Report i f `,y, iP cc: Mr. Warren Lee, P.E. Floodplain Administrator Department of Public Works FRANK DEMAR P.E. Hawaii County civil TeL (809) 991 -8327 Mr. Frank Demarco, P.E., CFM Department Fax Fax. (808) 961 -8933 Division Department of Public Works fot� Sireet. an- Einalk fdemarcoacolawarittus Hawaii County Rio, Hawaii 96720 -424 Webs te: www.co.havralLitus Mr. Cary Kondo, P.E. Project Manager Belt Collins Hawaii Ltd. et -- 023457 Page 3 of 6 issue Date: May 28, 2f J Effective Date: October t5, 201° J Case No.: 09-09 -2120P I LOMR -AF tH A y Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) COMMUNITY INFORMATION APPLICABLE NFIP REGULATIONS/COMMUNITY OBLIGATION We have made this determination pursuant to Section 206 of the Flood Disaster Protection Act of 1973 (Pi. 93-234) and in accordance with the National Flood Insurance Act of 1968, as amended (Title XIII of the Housing and Urban Development Act of 1968, P.L. 90 -4 42 U.S.C. 4001 -4128, and 44 CFR Part 65. Pursuant to Section 1361 ofthe National Flood Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt and enforce floodplain management regulations that meet or exceed NFIP criteria. These criteria, including adoption ofthe FIS report and FIRM, and the modifications made by this LOMR, are the minimum requirements for continued NFIP participation and do not supersede more stringent State or local requirements to which the regulations apply- NFIP regulations Subparagraph 603(b)(7) requires communities to erasure that the flood- carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management ordinances; therefore, responsibility for maintenance ofthe altered or relocated watercourse, including any related appurtenances such as bridges, culverts, and other drainage structures, rests with your community. We may request that your community submit a description and schedule of maintenance activities necessary to ensure this requirement. COMMUNITY REMINDERS We based this determination on the base (1-percent-annual-chance) discharges computed in the submitted hydrologic model. Future development of projects upstream could cause increased discharges, which could cause increased flood hazards. A comprehensive restudy of your community's flood hazards would consider the cumulative effects of development on discharges and could, therefore, indicate that greater floodihazanis exist in this area. Your community must regulate all proposed floodplain development and ensure that permits required by Federal and/or State law have been obtained. State or community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction or may limit development in floodplain areas. If your State or community has adopted more restrictive or comprehensive floodplain management criteria, those criteria take precedence over the minimum NFIP requirements. We will not print and distribute this LOMR to primary users, such as local insurance agents or mortgage lenders; instead, the community will serve as a repository for the new data. We encourage you to disseminate the information in this LOMR by preparing a news release for publication in your community's newspaper that describes the revision and explains how your community will provide the data and help interpret the NFIP maps. In that way, interested persons, such as property owners, insurance agents, and mortgage lenders, can benefit from the information. This determination is based on the flood data presently available. The enclosed documents provide addiflonal information regarding this determination. If you have any questions about this docwnent, please contact the FEMA Map Information eXchange (FMIX) toll free at 1- 877 - 336 - 2627 (1- 877 -FEMA MAP) or by letter addressed to the LOW Clearinghouse, 6730 Santa Barbara Coat, Efkrddge, MD 21075. Ad6Ional Information about the NAP is available on our website at httpJ/www.fema.govhnfip. Beth A Norton, Program Speraist 1ineering Management Branch Mitigation Directorate 112553 10.3.1.09092120 102 -I-A Pzge 4 of 6 I Issue Date: May 28, 2f'' ` ' Effective Date: October 15, 20 " Case No..: 09.09 -2120P f LOMB Af Lit ` Federal Emergency Manag A enc � Washington, D.C. 20472 LETTER OF MAP REVISION DETERMINATION DOCUMENT (CONTINUED) We have designated a Consultation Coordination Officer (CCO) to assist your community. The CCO will be the primary liaison betwei your community and FEMA. For information regarding your CCO, please contact Ms. Sally M. Ziolkowski Director, Mitigation Division Federal Emergency Management Agency, Region IX 1111 Broadway Street, Suite 1200 Oakland, CA 94607 -4052 (510) 627 -7175 STATUS OF THE COMMUNITY NFIP MAPS We will not physically revise and republish the FIRM and HS report for your community to reflect the modifications made by this LOMR at this time. When changes to the previously cited FIRM panels and FIS report warrant physical revision and republication in the future, we will incorporate the modifications made by this LOMR at that time. • This determination is based on the flood data presently available. The enclosed documents provide adddionat information regarding this determination. If you have any questions about this document please contact the FEMA Map Information exchange (FMIX) toff free at 1- 877. 338 -2627 (t- 877 -FEMA MAP) or by fetter addressed to the LoMC Clearinghouse, 6730 Santa Barbara Court, E6vidge, MD 21075. Additional information about the NFIP is available on our website at httpJtwww.ferna.gov/nfip. Q Beth A Norton. Program Spedatist Engineering Management Branch Mitigation Directorate 112553 10.31.09092120 102 -1-A -C f( `I Niik s:= - APPROXIMATE SCALE IN FEET 20. X Ille NATIONAL FLOOD INSURANCE PROGRAM 1 II ZONEX t F IRM wa�akea FLIOQ INSURANCE RATE MAP ZONE X : \ Forest ' ` Reserve HAWAII COUNTY, 3 HAWAII 1 ZONE X / PANEL 870 OF 1900 � . (SEE MAP INDEX FOR PANELS NOT PRINTED) •. REVISED TO A / REFLECT LONER EFFECTIVE: October 15, 2010 • , ' . waiakesl Forest Reserve I i f ZONEX • COMMUNITY-PANEL rNaU/MpBER G Y M 155166 0870 C O MAP REVISED: SEPTEMBER 16,1988 /////// Federal Emergency Mann ement g Agency F i To dsterml>te 7 oon to . ti of I,►wrance ' :sent :,t i t = th „�I in Flood is fnfu sitible, rince Cgrt Pro ;r .t ..n a (800) f • of 638-6620. i �'�Y a te ' ` ;< } {e -� 4 '' y' - -.. - _ , :3 A ix FEl. 1 • 4- --... 1 -- ■:: -% - .."-*;;* f ' -,.. '.' . - - ',„.' , ?,-„fA {,3 -t.,37....,'';',12;,-,'..1:1,:j1.:' : r E tQQQ_ _ 1000 ♦t � ' .i , �� i .Z , ,,I.;%,-.; _ I e,il -. ._ �iti 1 - 1.`j4,2 : < .. r° s ,..„.........._,..„,,./T.:, ; -; ,.1 HATIOI4AL FLU NKS fCf PRO iit_ , . - r; - - [1y ^ ZON : , `or est 1j ! i =ilt Rm , . ,,. � s i } 4 l1 j ! l}i ^E ! r '? - - - - - - - i t F, iI!I _. _ 1 • .v .4j 1 — i4til ZONE },; _ �p # it i F jI =1 E 1 i, _ l A t C J NT ,. i1 F HA WA 11- �e °' E�iI 1 01 iti • Hill Ii iii; => : } �,. - i11;1` PANEL. _C� :t 900 'ttj 1 EMAP1N X "'- _ �I' !� f --"may `'-'- }- tjif { 444{ ! ' { 1 ; � •Z If II :I•'I fff 1 'Y i . - .. ✓ � r I( Ft �r t � ? € 813�CeS Forest f ! i,i` \ ti * - y y ry' :, 1 1 - . _. -- . ' __ ..7 - . . • ._. • , .— _ .._ - _ Ill 1'�{1 €It ~� ..,,. . 11 -_,,,,,..a.3„.,..,...„_:._ .....,..„.„. 1 lip. �; €€1 f dY. II IIIIIIIIIiii ----- - --,.. •-• - --:: _.:-.•-•_ : "` Cornell University d Law School Search Law School Search Cornell 111 / Legal Information Institute - _ U.S. Code collection TITLE 18 > PART I > CHAPTER 19 >£§371 § 371. Conspiracy to commit offense or to defraud United States If two or more persons conspire either to commit _ any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, nspiracy, each shall be fined under this title or imprisoned not more than five years, or both. If, however, the offense, the commission of which is the object of the conspiracy, is a ! misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor= • ' LIIhas no control over and does not endorse any external Internet site that contains links to or references LIL hap://www4.1aw.comelLeduluscode/18/371.html 7/14/2009 S710-1017 Tampering with a goverment record. (1) A person commits the offense of tampering with a government record if: (a) The person knowingly and falsely makes, completes, or -- alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or (b) The person knowingly presents or uses a written instrument - which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or (c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in_a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement -or false information; or (d) Knowing the person lacks the authority to do so: (i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or (ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes. (2). For the purpose of this section, "government record" includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government. (3) Tampering with government records is a misdemeanor. (L 1972, c 9, pt of S1; am L 1991, c 145, §2; gen ch 1993] COTARY OAT §710 -1017 This section is intended to penalize conduct which undermines confidence in the accuracy of public records. The accuracy of public records is essential to efficient "public administration and, beyond the immediate context of public administration, the government has an interest in protecting public confidence in its records. This section does not require that . the misuse of the public record be with - intent to defraud another, i.e., to injure an interest which has value, as do the sections on forgery. Nor does this section require that the information made part of the public record, or offered for recordation, registration, or filing, be under oath or sworn to, as do the sections on perjury and related offenses. Those offenses, however, do complement the offense of tampering with public records,- but they deal directly, and in a more precise context, with the aggravated circumstances presented. http://www.capitothavgaitgovihrscunennroll4 Ch0741 -0853/ 3RS0710/1 RS Q710- 1017.... 5/7J2009 This section is also addressed to the problem of access to public records. Obviously, acts of destruction and concealment impair the efficiency of public administration. Subsection (1)(d)(i) is intended primarily to cover acts of destruction, concealment, or impairment by individuals vis-a-vis the government, whereas subsection (1)(d)(ii) is intended primarily to cover the situation where a public servant refuses to surrender records :to another public servant when the public servant has the duty to do so. Both clauses of this subsection are, however, worded broadly in order to cover acts of destruction, concealment, or retention outside their areas of Immediate concern. Subsection (2) is intended to be inclusive and to cover not only records.- traditionally considered "public" but also information kept for the-benefit of the government, such as medical prescription records. - Previous Hawaii law on tampering with public records is similar to the code,[1] however the Code covers acts of tampering not covered under prior law, clarifies the acts that are covered, and dispenses with the former, archaic requirement of: "malice" as it relates to this offense. §710 -1017 Commentary: 1. H.R.S. §753 - 3. Previous Vo114 Ch0701 -0853 Next bitp://www.capitoLhawaiLgov/hiscunetallo114 Ch0701- 0853/HRS0710/13RS 071{x- 1017.... 5/24M1019 Cornell University %zip, Law School Search Law School Search Cornell L111 Legal Information Institute U.S. Code TITLE 18 > PART 1 > CHAPTER 47 > § 1002 § 1002. Possession of false papers to defraud United States Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any rry sum of money, shaft be fined under this title or imprisoned not more than five years, or both. 111 has no control over and does not endorse any external Internet site that contains links to or references III. http://www.law.corneteduhiscodef18/usc sec 18 00001OO2 --- 400 -.1tm1 2/1312010 HAWAII FE11 AL CODE OFFENSES AGAINST THE PERSON . x [PART VO4 EXTORTION §7O7 464 Extortion. A person commits extrution if the person does any of the following. (1) Obtains, exerts property control over, the p or services of another with 1 or intent to another of or l�� services by threatening by word or conduct to. (a) Cause bodily injury in the future to the person threatened or to any , r - other person; (b) Cause damage top Y or cause damage, as defined in section 708-890, to a cmnpute4 computer system, or computer network (c) Subject the person wed or any other person to physical coin- fine a for Ad) Commit a penal offense; (e) _ Accuse some person of any offense or cause a penal charge to be instituted against some person; (t) 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 threat- ened or any other peon; (h) Testify or provide information or withhold testimony or inforrna- tics with respect to anther's legal claim or defense; (1) 'Ihke or withhold action as a public servant, or a public ser- vant to take or withhold such action; (l`) Bring about or continue a stye, 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) 1)0 any other act that would not in itself substantially benefit the de- fendant but which is calculated to harm substantially same person with respect to the threatened person's health, safety, business, call ing, 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 cc to amain from m codn which another has a legal right to image by threatening by woad or conduct to do any of the actious setforthinparagraph(1Xa ) 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 0; am L2001,c33, *31 Cue Notes In RICO aeon, plaintiff itd not satisfy essentitd element of extortion and failed to establish attempted extortion regarthng tnt's letter toplai 855 F. Supp. 1156. - C il Law Cornell University School j Search Law School Search Cornell LIl Legal Information Institute - U.S. Code 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 judicial 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; (ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding; (iii) 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 judicial proceedings; shall be punished as provided in paragraph (3). http://www.law.comell-eduhiscode/718/usc sec 18 00001512 ---- 000 -.html 2/8/2010 (2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1j supervised release „ 111 parole, or release pending judicial proceedings; (3) arresting or seeking the arrest of another person in connection with a Federal offense; or - (4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding; or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both. (e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant's sole intention was to encourage, induce, or cause the other person to testify truthfully. (f) For the purposes of this section— (1) an official proceeding need not be pending or about to be instituted at the time of the offense; and (2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a daim of privilege. (g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance — (1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or (2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant. (h) There is extraterritorial Federal jurisdiction over an offense under this section. (i) A prosecution under this section or section 1503 may be brought in the district in _ which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred. (j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy. http://www.law.comelLechthiscode/718/use_see 18 00001512 --- 000 -.html 2/812010 (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; (6) 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 (1] supervised release„ E 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; bttp / /www.law.cornelLedu /uscode /718/usc sec 18 00001512 --- 000 -.html 2/8/2010 § 1961. Definition As used in this chapter— (1) *racketeering activity" means (A) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing m a controlled substance or listed chemical (as defined in section 1 02 of the Controlled Substances Act), which is chargeable under State law and punishable by imprisonment for more than one year; (B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891- 894 (relating to extortionate credit transactions), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (Mating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (mating to the sale of naturalization or alizenship papers), sedions 1461 -1465 (relating to obscene matter), section 1503 (relating to obstructlon of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a - witness, victim, or an informant), section 1542 (relating to false statement in application and use of passport), section 1543 (relating to forgery or false use of passport), section 1544 (relating to misuse of passport), section 1546 (relating to fraud and misuse of visas, YT* permits, and other documents), sections 1581 --1592 (relating to peonage, slavery, and trafficking in persons).,t I section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to radcxing), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund - payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary i means), section 1957 (relating to engaging in monetary transactions in property derived from spedfied unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder -for- hire), sections 2251,2251A, 2252, and 2260 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), motions 2314 and 2315 (mating to interstate transportation of stolen property), section 2318 (relating to trafficking _ in counterfeit labels for phonorecords, computer programs or computer program documentation or padkaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A (relating to unauthorized fixation of and trafficking in sound recordings and music videos of five musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks), section 2321 (relating to traffiddng in certain motor vehides or motor vehide parts), sections 2341 -2346 (relating to traffidking in contraband dgarettes), sections 2421 -24 (relating to white slave traffic), sections 175-178 (relating to biological weapons), sedions 229 -229F (relating to chemical weapons), section 831 (relating to mar materials), (C) any act which is indictable under title 29, United States Code, sedion 186 (dealing with restrictions on payments and loans to labor organizations) or section 501 (c) (relating to embezzlement from union funds), (D) any offense Involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law cif the United States, (E) any act which is indictable under the Currency and Foreign Transactions Reporting Act, (F) any act which is indictable undue the 'mitigation and Nationality Act, section 274 (relating to bringing In and harboring certain aliens), section 277 (relating to or assisting certain aliens to enter the United States), or sectlan 278 (relating to importation of alien for immoral purpose) if the act iru#ictable under such section of such Act was committed for the purpose of fhrardal gain, or (G) any act that is indictable under any provision listed in section 2332b (g)(5)(B); (2) "State° means4, , State of the United States, the „ r . of Columbia, the -- Commonwealth or Puerto Rico, any tentbory or possession of the United States, any political subdivision, or any department, agency, or instrumentaltty thereof; (3) "person" includes any individual or entity capable of holding a legal or beneficial interest in property; (4) °enterprise includes any individual, partnership, corporation, assodation, or other legal entity, and any union or group of individuals associated in fact although -not a legal entity; (5) 'Vattern of racketeering activity° requires at least two acts of racketeering activity, one of which occurred after the ire date of this chapter and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering ad ty; (6) "unlawful debt° means a debt (A) incurred or contracted in gambling malty which was in violation of the law of the United States, a State or political subdivision thereof, or which is unenforceable under State or Federal law in whole or in part as to prindpal or interest because of the laws relating to usury, and (S) . which was inwrned in connection with the business of gambling in violation of the law of the United States, a State or political subdivision thereof, or the business of lending money or a thing of value at a rate usurious under State or Federal law, where the usurious rake is at beast twice the enfonaable rate; (7) °racketeering investigator" means any attorney or investigator so designated by the A General and charged with the duty of enforcing or carrying into effect this chapter; (8) "racketeering investiigation° means any inquiry conducted by any racketeering - . investigator for the purpose of gaining whether any person has been involved in any violation of this drapter or of any final order, judgment, or decree of any court of t hue United States, duly entered In any case or proceeding arising under this chapter; (9) "documentary material° includes any book, paper, document, record, recording, or Other material; and (10) "Attorney General° includes the Attorney General of the United States, the Deputy Attorney General of the United States, the Associate Atbxney General of the Una States, any Assistant Atlx ney General of the United States, or any employee of the Department of Justice or any employee of any department or agency of the United States to designated by the Attorney General to carry out the powers conferred on the Attorney General by this - chapter. Any department or agency so designated may use in investigations authorared by this chapter ewer the investigative provisions of this chapter or the investigative power of such department or agency otherwise ooh by law. - . - _ ,_ , - - __________ .,.... - --- ' - Rateett,- - -_- - lititiez - i - iree c i mid ct- - e� u�� A • The Rskeke4 earladluelwal and Coltligt RICO) a United Stateakderal s afacta Aw ��for acts pesformed as om RICO by seedan 901(a) crftl�e d ter p Act ' of 1970,P�L•No 91.452, g4S� 92 (15 October 1 °f�e�� 18I# -5.�= 1961E � I8 posecute organised crime figures, lathes hien applied in several other cases as well. 1 1 SU.S•tw §1968+It was intended to make healer' to It has been speculated the and ac yin inasly� no d The the obert ie ,� Caesar, to or&ay this' . I c�ftSe bill, G. l Robert Rolm refused - -- Under MO, a_Pelson art wba c anytw '35 c .._. � - ma 1 period hithe tibiae. Witte U - m aimes arcd$e� comiabalhos dims With siniilarpnapose charged ofrockesiennThg can be fined �� to 20 guilty ��'�'�f�itall, �siap�nnperra firoad may" �� count. hi. of "nicketeesing a patem When the U.S. Attorney dew - to ituflor sosiieenexader RICO he b� restraining �d w injunction b, ' �p�e -tit �a� seizes defendat's assets and pevent the hapax P Y, as well as the detentlanr to forfeitable P�� a bond. ' � placed in shell aka was injuncdca a�or per ,rice board tbae is • assets.. An to same at the eves afa guilty In =any cases, the threat ofa RICO iitfienne* can force defisidantsto plead galty-to m lied tie a ofassets would it stn pay a attorney- his input is-emaciated _ - Fla RICO - criminal ated prnve in as it on o�as opposed isalsaa� for private parths one or ]�' The 14 sue. A.' d k� �p� can sae Theite a�e�tge� ia a�ear�#be Prove � �a "criminal �« The defendant(s) Inlet be one offuut s) and are not one and the sane. T defendano) and the anywise. This huvsuit, n�stFede l civil , can tabs in Feder or State cam [11 l re (hup://www.deaktr-maga . - : - die federal and civil components ally, for the iecovery of to (damages in triple the Although its wimary latest was in det lw�a Bkkey cif at Cm to merely apply to the Mob. Re once told Time, r'We don't wad one set ofa s for people whose collars are - blue or whose MUMS end invowels, and mod= set for are while acid have Ivy League - iftiomas• "23 _ _ - TO: Hawaii County Council 14 October 2010 Dominic Yagong —_ Donald Ikeda - . , -- - r J Yoshimoto r. ' ° " . L . . v Dennis Onishi Emily Naeole Guy Enriques Brenda Ford Kelly Greenwell Pete Hoffmann FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 RE: Filing of Criminal Complaints, Federal and State, against all members of the Hawaii County Council as per Judge Glenn Hara's, 25 August 2010 statements from the bench, where Judge Hara is sure and agrees with the Plaintiff, Dan A. Cole, that the Hawaii County Counsel's refusal to act on information that identifies an imminent peril to the public safety, health or welfare is a violation of law. Aloha Hawaii County Council Members: For you reading pleasure I have attached the Transcripts of Civil No. 10 -1 -82 August 25, 2010 Hearing, where you were Defendants. Please notice the statements by the Court on pages 10 and 11, the fling of Criminal Complaints with the Hawaii County Police Department and the Federal Bureau of Investigation, as identified in my testimony before you on August 17, 2010, Comm. 867; (Res. 364 -10) and Comm. 911; (Res. 381 - 10), cover pages attached hereto, in combination with the fourteen plus inches of documents and records on file with the Court in this case will establish a paper trail for your Civil and prosecution for violations of State and Federal RICO statutes the overt occurrence of the Court identified "I told you so," flooding event. U.S. Postal Service, La U.S. Postal Service CERTIFIED MAIL, RECEIPT CERTIFIED MAIL.,,, RECEIPT Q (Damesfis Mail Only, No Insurance Coverage Provided) (Domestic Mail Doty; No Insurance. coverage Provider!) F or s {eEivery information visit our websde at �vv vt o far tls.erY - itf�° vtout iebsrte at uzvrvrisps casri I P.- f t .ark *, + _-{ tt �` _: k .Si ted. ..n $ r $ e j Er y _Br_r I >r a IP Certified Pastm 4c \ \ ed t earned Fee paw CI tEndors nt Here 'Aden CI Rstnm Receipt =,,tt lea C3 $ tl i� {Endorsement Required) Restricted Befivery � ti. 0 - t;1i Il } C3 (EndorwtneritP�epsdtEd) - - -- Q rseme+ntRe red) - - .0 5_t) �. «. 1j /i i - -3- (Endo slfis.ii4 _r EN- Total Postage & Fs $ a P- Total Pastage & CI �. C1 • Seat To S To �� i _ ___.. .. i�o.. _ r - • arPO Box MoY fl SrrPc� Go• 34(#�-- �- �a--- Mc�- a�a�-- �-�� - : ; -- ��- -23a p- orFO �_ St ..._.5.. _ . __ -- ----- - -- Gq Slag Z1P� 4 Finn n1 id l ii . i _ - 9 eii §iiii Z n tRr4 wn D.C. 20472--- / FROM Dan A. Cole ; } f! , _ 1 P.O. Box 630 Keaau, Hawaii 96749 €( =iJ RUG 16 RE: Testimony IN OPPISITION to Co$67.= (Res. 364- 10), before the Hawaii County Council, Committee on Finance, August 17, 2010 This Testimony is required by, and in accordance with, Title 18 United States Code, 18 U.S.C. §4 Misprision of felony, to Hawaii County Council Members for violations of Hawaii Revised Statutes, HRS §707 -764 EXTORTION (1)(e)(f)(i)(k)(2); violations of Federal RICO Act (Racketeering Influence and Corrupt Organizations Act) 18 U.S.C. § 1961 through 18 U.S.C. § 1968 relating to Extortion & dealing in a controlled substance. 18 U.S.C. §4. MISPRISION 01? FELONY. Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both: 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 threatening by word or conduct to: (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; PAGE 1. OF 3. (i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action; (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 compel or induce 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); PROPERTY: may be defined as a person's State and Federal Constitutional rights and freedoms, such as Freedom of Speech and the Right to Petition the government for a redress of grievances. SERVICES: may be defined as the Testimony of a person before the County Council, identifying imminent, or other peril, to the safety, health, or welfare of the people The attached fifty -nine, (59), pages of documentation identify the "TRUE" reason the Hawaii County Council wants to be exempted from Hawaii Sunshine Laws is to protect and hide the existence of an Enterprise of corrupt public officials organized into a RICO Enterprise by and through adherence to "Local" cultural and ethnic norms where such alliances are reinforced, in part, by Class association of High School, Richardson School of Law, Hawaii County Prosecutors Office, organizing committees for political elections, and other associations where corrupt public officials are organized and engage in patterns and histories of racketeering activities for the benefit of the Enterprise. Such criminal acts include Extortion , dealing in controlled substance, and how this RICO Enterprise, extorts, controls, or influences County, State, and Federal officials and employees, Officers of the State and Federal Court systems in Hawaii, influence or corrupt the election process of the people, and suppress the Media on the Island of Hawaii. Current Hawaii County Councilmembers have admitted by their actions, signatures, and/or statements in recorded minutes of Council meetings, and in Court documents, to having committed knowing and knowingly acts and actions of Extortion in violation of State and Federal RICO Laws, and/or violations of 18 U.S.C. §3. ACCESSORY AFTER THE FACT. PAGE 2. OF 3. 18 U.S.C. §3. ACCESSORY AFTER THE FACT. Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact. Except as otherwise expressly provided by an Act of Congress, an accessory after the fact shall be imprisoned not more that one -half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one -half the maximum fine prescribed for the punishment of the principle, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years. It must be understood that seeking the people's money through this Resolution is for the purpose of hiring competent Defense Attorneys in the Private sector to advise and prepare for the Council's Legal Defense to Federal Racketeering Charges to activities of Extortion and accessory after the fact to dealing in controlled substance by the Hawaii County Police Department, and other offenses depriving the people of their Constitutional rights and freedoms while acting under the color of law in violation of , 18 U.S.C. §242. DEPRIVATION OF RIGHTS UNDER THE COLOR OF LAW; accessory after the fact to, 18 U.S.C. 1512 TAMPERING WITH A WITNESS, VICTIM, OR AN INFORMANT. (2)(b)(3); 18 U.S.C. §241. CONSPIRACY AGAINST RIGHTS; 18 U.S.C. §371. CONSPIRACY TO COMMIT OFFENSE OR TO DEFRAUD UNITED STATES; and/or 18 U.S.C. § 1040. FRAUD IN CONNECTION WITH A MAJOR DISASTER OR EMERGENCY BENEFITS. (a)(1)(2)(b)(1)(2)(3)(c). THEREFORE: I PRESENT THIS TESTIMONY IN OPPISI'ITI ION TO Comm. 867: (Res. 364 -10) Dated: Hilo, Hawaii, August 16, 2010. Dan A. Cole Council District #5 ATTACHED: 59 PAGES OF SUPPORTING DOCUMENTATION PAGE 3. OF 3. • raseastaammasi Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 Pro Se IN THE CIRCUIT COURT OF THE THIRD CIRCUIT''; STATE OF HAWAII 1 Dan A. Cole ) Civil No. 10-1-0081s (Declaratory Judgment) �'vc'� (D ry g �en`t} xc,o Plainti f ) q COM V UNICATI NS TO TI H vs. ) COURT, Re: 18 UJS.C. §4; ) NOTICE TO ALL PARTIES COUNTY COUNCIL OF THE COUNTY ) REGUARDING THE STANDARD OF HAWAII, J STANLEY YOSHIMOTO,) OF CONDUCT FOR SELF - DONALD IKEDA, GUY ENRIQUES, ) REPRESENTED PARTIES IN THE DENNIS "FRESH" ONISHI, EMILY I. ) THIRD CIRCUIT COURT OF THE NAEOLE BEASON, DOMINIC YAGONG,) STATE OF HAWAII, SECOND BRENDA FORD, KELLY GREENWELL,) DIVISION; TESTIMONY TO PETE HOFFMAN, in their official ) COMM. NO. 911: (Res. 381 -10; capacities as members of the Hawaii ) CERTIFICATE OF SERCIVE County Council of the County of Hawaii ) JOHN DOES 1 -10, JANE DOES 1 -10, ) DOE CORPORATIONS, PARTNERSHIPS ) GOVERNMENTAL UNITS or OTHER ) ENTITES 1 -20 ) ) Defendants. ) ) ) COMMUNICATIONS TO THE COURT The Plaintiff Dan A. Cole, in accordance with 18 U.S.C. §4 Misprision of felony, and paragraphs 2., and 9., of the Court's, NOTICE TO ALL PARTIES REGUARDING THE STANDARD OF CONDUCT FOR SELF - REPRESENTED PARTIES IN THE THIRD CIRCUIT COURT OF THE STATE OF HAWAII, SECOND DIVISION, as ordered by the court on May 03 2010, is providing a complete copy of "Testimony to Comm. 911: (Res. 381 -10) before the Hawaii County Council, Committee On Public Safety And Parks And Recreation, August 17, 2010. ", as such Testimony may be construed, though not intended, to be a violation of Court Rules pertaining to communications with adverse parties on substantive matters before the Court without presence of Counsel. Dated: Hilo Hawaii, August 12, 2010. Dan A. Cole Plaintiff Pro Se TO: Hawaii County Council 11 August 2010 Dominic Yagong Donald Ikeda J Yoshimoto Dennis Onishi Emily Naeole ^; Guy Enriques i t Brenda Ford �, -- Kelly Greenwell k Pete Hoffmann FROM Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 - "--4 RE: Testimony to Comm. 911: (Res. 381 -.10) before the Hawaii County Council, Committee On Public Safety And Parks And Recreation, August 17, 2010. This Testimony is required by, and in accordance with, Title 18 United States Code, 18 U.S.C. §4 Misprision of felony, to Hawaii County Council Members to violations of Hawaii Revised Statutes, HRS § 707 -764 EXTORTION (1)(i); violations of Federal RICO Act (Racketeering Influence and Corrupt Organizations Act) 18 U.S.C. §1961 through 18 U.S.C. § 1968 relating to Extortion & dealing in a controlled substance. Dear Council Members of the Hawaii County Council: As per a 10 August , 2010 tape recorded conversation with Hawaii County Clerk, Kenneth G. Goodenow, ESQ- JD8022, and other staff members of the Office of the County Clerk, it is understood that the attached twenty, (20), pages identified as " REQUEST TO TESTIFY BEFORE THE COUNCIL ABOUT HAWAII'S POLICE DEPARTMENT'S PATTERN AND HISTORY OF EXTORTION OF THE PEOPLE OF HAWAII. ", will be entered verbatim as testimony to Comm. 911: (Res. 381 -10) . 1.Of 3. By recorded statements of the County Clerk's staff the above twenty page, request to testify, was copied and circulated among all Council Members, but was not responded to and therefore not placed on a Council's Agenda and therefore an indirect confession by all Council Members of their Knowing and Knowingly acts and actions in violation of HRS §707 -764 EXTORTION, A person commits extortion if the person does any of the following: (1) Obtain, or exerts control over, the property or services of another with intent to deprive another of property { property being the State and Federal Constitutional rights and freedoms of free speech and the right to petition the government in redress of grievances} or services {services being the testimony of a person identifying imminent perils to the safety, health, or welfare of the people to the Council} by threatening by word or conduct to: (i) Take or withhold action as a public servant, or cause a public servant to take or withhold such actions. HRS §707 -769 DEFENSE TO EXTORTION (1) It is a defense to prosecution for extortion as defined by paragraph (1) of section 707 -764 that the defendant: (4) It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of section 707 -764 and further defined by subparagraphs (e), (f), (g), and (i), that the defendants { Hawaii County Council Members} believed the threatened accusations, penal charge, or exposure to be true, or the proposed action of a public servant was justified, ... to induce the victim {Dan A. Cole) to take reasonable actions to prevent or remedy the wrong {the wrong being the depravation of State and Federal Constitutional freedoms and rights of free speech and the right to petition the government in redress of grievance, that grievance being denied the victim the ability to present evidence to an authority under the United States or the Sovereign State of Hawaii, of how organized drug operations in Puna are being protected by Hawaii County Police, and the evidence of a Enterprise of corrupt government officials committing acts and actions in histories and patterns of racketeering activities for the benefit of the Enterprise, such Enterprise formed and controlled by "Local" cultural and ethnic norms and reinforced through associations established in the of the Richardson School of Law, the Hawaii County Prosecutors Office, and/or High School Class attended, et at} which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates. Attached to this Testimony are four, (4), pages of emails sent to all Council members providing information and evidence, to include photographic documentation, to support a citizens accusations of how the Hawaii County Police Department is involved in organized drug operations, with a replied acknowledgement sent by Council Member Emily Naeole, on Thu, August 27, 2009 8:19:45 AM. In addition eleven, (11), pages of documentation identifying how the Hawaii County Police Department is covering up information that is an imminent peril to the health, safety, or welfare of the people of Hawaii, NOTE the signature and statements of the current Police Chief Harry S. Kubojiri on the release of recorders, dated November 27, 2009 as ordered by the State Office of Information Practices. 2.Of 3. - .r om` 1REFORE: based on admitted knowing and knowingly committed acts and actions of `tee Hawaii Counts- Council, the Council has identified itself as an Enterprise engaged in pa lerns and histories of racketeering activity for the benefit of the Enterprise and in criminal violation of State and Federal RICO Laws, it is Requested that the Hawaii County Council make a formal request to the U.S. Justice Department, Washington D.C., Criminal Division, Public Integrity Section to investigate their actions, and the actions of the Hawaii County Police Department, Hawaii State Attorney General office, U.S. Attorney Office in Hawaii, and the FBI Hawaii Division. The Hawaii County Council has knowledge, or should have knowledge through the verifiable evidence of the existence of non - logged, non -filed, and private documentation circulated among the Council members in violation of Hawaii Sunshine Laws, where one-on-one, serial, group, or communications through a third party were conducted for the purpose in willful violation of Hawaii's Sunshine Laws to keep from the people information detrimental to their health, safety, and welfare, to prevent the exposure of organized government corruption in the Hawaii County government, Hawaii County Police Department, Hawaii County Prosecutors Office, Hawaii State government, State Attorney General's Office, the U.S. Attorney's Office for Hawaii, and FBI offices in Hawaii, that are influenced by an Enterprise organized and controlled by and through "Local" ethnic and cultural norms and associations in class membership of the Richardson School of Law, the Hawaii County Prosecutors Office, High School Class, and other associations in Hawaii. This request is made to ensure that all political power of this State is kept inherent in the people. Thank you for your attention to my Testimony. Since ly, aatst.. „6, --..Z Dan A. Cole Council District #5 Puna COPY TO: Nancy Cook Lauer, Stephens Media Jason Armstrong, Tribune Herald staff writer ATTACHED FORTY-TWO (42) PAGES 3. Of 3.