HomeMy WebLinkAboutCOM 0295.005 1998-2000 Roger Christie °1"'~`FI~~FD„v, I
P.O. Box 202
Hilo, Ha wai'i 96721 S "E" C i 4' `g
(808) 961-0488
(808) 933-2113 fax CLEt;K
pakaloha@gte.net
Petitioner Pro Se
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAiI
Roger Christie, Petitioner ) CIVIL CASE NO. 9 - 4 4 T
) c~~lr,~t~lyd-r~
vs. ) EX PARTE APPLICATION FOR
INJUNCTION
COUNTY OF HAWAII, ) AND REQUEST FOR HEARING FOR
Mayor Stephen Yamashiro ) PERMANENT INJUNCTION j
Council Chairman James Arakaki ) $t,tiro",1"~AOf~S
Councilman Aaron Chung )
Councilman AI Smith ) . TT'10I7~
Councilman Dominic Yagong ) JI~BG~
Councilman Leningrad Elarionoff )
Councilwoman Bobbie Jean Leithead-Todd )
Hawaii County Police Chief Wayne Carvalho)
Hawaii County Police Lt. Henry Tavares )
~ espondants
C~ r~_,l' l~ . a ~Lb~1 ~1] ~ ~ nf~l.OY~~ 1.~ ~l i~
1. loha. 1, Ro er Ch i tie, a reside of th a ove circuit, State Haw i come
9
before the court on my own behalf and on behalf of the people of the State of Hawaii to
request immediate injunctive relief. I seek to prohibit the County of Hawaii and any of
its elected officers, officers, employees and/or agents from causing further injury,
environmental damage and/or civil rights violations by their enforcement of the
Marijuana Eradication Program, also known as "Counter Cannabis", and "Green
Harvest." Said program is effectively a scheme, a nuisance, an illegal,
unconstitutional "paramilitary civil war," and an illegal, "state-sponsored
religion," with dire, ethnic-cleansing-like consequences for non-believers (forteiture
of property, children, etc.). The combination of criminal activity supported by the
Respondants has had a multiplicitive affect upon the community. After decades of
helicopter terrorism and air piracy, propaganda and misinformation, the general
Comm. N0. ~ 95. DDS ,
File No. V 5 G
Ref. To: ~OUNCiL Cr~ _
Ref. Date SEP 2 2 t(t~o,
populace is numbed to the activity, and most have been frightened into silent
compliance and a state of fear. A hearing on a permanent injunction is requested at
the court's earliest convenience to enforce the Respondants into compliance with
statutory law, and to prevent further injury.
2.) I also seek immediate injunctive relief to restrain the County of Hawaii and/or any
of its elected officers or their agents from acting on, or otherwise implimenting
Resolution No. 333-98, the "Special Study", and Resolution No. 85-99,
'Marijuana Eradication Grant,' scheduled for hearing on Wednesday September 22nd,
1999. I ask for the injunctive relief to force the recusal of the named council members
for 'conflict of interest' because they are attempting to impliment a study which would
coverup the very thing that they are being impeached for. The "Special Study" does
not, and can not meet the requirements for a critical Mandatory Program Review
as mandated by Hawaii County Charter Section 3-16. Said review has never been
done and is approximately 14 years overdue. On page vi of the "Special Study" it
says, "...we admit that our findings lack statutory authority and any recommendations
are purely advisory. Essentially, this study has been performed outside the scope of
the County's jurisdiction."
Petitioner alleges that the "Special Study' resulting from Resolution No. 333-98
and passed by the Finance Committee is at best an illegal audit under Section 10-
13 Post audit of the Hawaii County Charter ,done in-house by persons deriving a
paycheck from a sister agency of the county and having a direct or indirect conflict of
interest. By its terms "The audit shall be made by a certified public
accountant or firm of certified public accountants, designated by the
council, who have no personal interest, direct or indirect, in the fiscal
affairs of the county or of any of its agencies or executive agencies."
The "Special Study' is flawed by design and fraudelent by intent. It is part of a
conspiracy that may possibly be construed as "organized crime." Ail the hundreds of
written reports, complaints, affidavits, doctors reports of harm, environmental damage,
legal uses of marijuana for 'medical necessity' as just ruled by the Ninth Circuit Court
of Appeals, and religious sacrament, and civil rights violations were purposely left out
of the process, and out of the final document, leaving an uninitiated person to think that
"all is well in Hawaii County with the marijuana eradication program." Sadly that is not
the case, and is far from the provable truth. Complaints by the public were fraudently
advertised to be made to the offending agency instead of the Hawaii County Police
Commission, and once made were only "filed." As far as I know of, no officer in the
history of the program has been disciplined for violations, even though violations are
routine. Failure to prosecute violations is the norm. This is a classic case of a fox paid
to protect a henhouse, and then to issue a report on its activities that 'all is well.'
Not only is the "Special Study' an illegal audit, it is expressly not a Mandatory
Program Review as evidenced by Corporation Counsel Richard Wurdeman who
stated on July 2, 1997 for the record concerning a budget review, "it clearly does
not meet the spirit of the law, and in anticipation of your question, I have done
some reading in some budget books about what a program review is and what its
supposed to entail and what it is supposed to do--is to match the objectives of the
program with the results of the program to see if it's cost effective." The spirit of the law
is also not met by the "Special Study." (Mr. Wurdeman, as an employee of the county,
has an obvious conflict of interest in this matter.)
On November 3, 1979 the good people of Hawaii County voted to approve the
proposal for a Mandatory Program Review by a margin of almost 3 to 1 because
they wanted to improve the accountability of the local government by impartial, critical
program reviews, not just by audits or "Special Studies" done in-house. This is
especially true of such a controversial program as marijuana eradication.
Failure to comply with The Hawaii County Charter is prima facie evidence of
malfeasance, misfeasance, nonfeasance and maladministration in office. No county
action is allowed to become law simply by usage. All law must be enacted according
to Hawaii County Charter and other statutory law. This has not been done.
The Mayor, as supervisory head of the County of Hawaii under Section 4-1 and 4-5
(d), is required to supervise the performance of all employees, including the Police
Department. He also signs the contracts for marijuana eradication grants.
Section 5-1.3 (b) allows only staff which has been funded by appropriate legal
manner, see Section 5-1.3 (g) and (k). Thus Section 10-11 is controlling, and
since no Mandatory Program Review has been prepared in 14 years all payments
since 1984 for marijuana eradication have been void as a matter of statutory law.
It is a misdemeanor according to the Hawaii County Code Section 1-11 (b),
punishable by jail and/or fine, to "intentionally" violate the Hawaii County Charter. The
Hawaii County Police Department has consistantly turned a blind eye towards
violations of the charter by the council members, and violations of civil rights by the
officers of the marijuana eradication program.
Petitioner has exhausted, repeatedly, all other available remedies:
a. Requesting attorney General to investigate (see letter in exhibit)
b. Public comment and evidence presented to Hawaii County Council
by petitioner and others during hearings on marijuana eradication
grants since 1988, and especially vocal every year since 1992. (See
news articles in exhibit.) Transcripts and videotapes of testimony at
council hearings are available as evidence.
c. Jonathan Adler of the Hawaii Medical Marijuana Institute, H.M.M.i., has also
made numerous attempts at remedy for said cause and has found no relief so far.
See exhibits inclosed.
Petitioner has no other plain, speedy or adequate remedy other than this action in
equity to restrain unlawful assumptions of unallocated powers by elected officials and
their agents. (See letter of June 23, 1998 by Police Chief Wayne Carvalho
acknowledging the lack of a Mandatory Program Review as ordered by council in
1997.) Funding for a!! 14 years of the marijuana eradication program has not been
'duly made,' and is illegal according to Hawaii County Charter Section 10-71.
"Every obligation incurred and every authorization of payment made in
violation of the provisions of this charter shall be void. Every payment
made in violation of the provisions of this charter shall be illegal."
Petitioner requests this ex parte application be accepted, and an immediate order to
cease and desist from any further actions construed as the "marijuana eradication
program," "Green Harvest," or "Counter Cannabis," by Hawaii County, its officials,
employees and/or its agents be so enforced.
Petitioner requests that an immediate order be granted to enjoin and prohibit elected
officials from acting on, implementing, or making appropriations and/or other official
actions in furtherance of Resolutions 333-98 and 85-99, or any other similar
resolution.
An order awarding reasonable fees and costs to Petitioner and such relief as court
deems just and appropriate. Thank you. 1
VERIFICATION
I, Roger Christie, declare under penalty of perjury that:
1.) I am the Petitioner in this case.
2.) All facts and allegations made herein are true and correct to the best of
my knowledge and information.
DATE SIGNATURE
..y~. ~ n
August 31st, 1998
Ms. Lari Koga
Crime Prevention and Justice Assistance
Department of the Attorney General
425 Queen Street. First Floor
Honolulu. Hawaii 96813
Dear Ms. Koga,
Following-upon our phone call of this morning concerning the contract for project
number 97-DB-21. Statewide Narcotics Task Force urant. I am of the opinion that
Hawaii County does NOT comply with a very important provision of your contract. and
as such, I request a halt to further funding immediately.
In section C, Performance Requirements and Conditions, condition 1 states that
"Grantee shall comply with all the ordinances, codes, rotes and regulations of the
Federal, State and local government which in any way affect its perormance under
this contract."
As I mentioned to you on the phone, Hawaii County has a Charter provision under
Article III. Section 3-16, MANDATORY PROGRAM REVIEW, that is not being
complied with, and has never been complied with. Section 3-16 states that: "At least
once every four years, the council shall critically review every program supported
wholly or partially by county funds, and unless the council shall favorably authorize its
continuation at current or modified levels, the program shall be terminated. The
council shall adopt procedures and details to impliment this section."
No MANDATORY PROGRAM REVIEW has ever been done on the "Green
Harvest" marijuana eradication program now in existance for over 20 years. The
Hawaii County Council, in recognizing this fact, has twice voted fora MANDATORY
PROGRAM REVIE W at the insistance of those of us who believe the program to be a
counter-productive disaster; still, no program review is forthcoming.
Time is of the essence since a new grant is being considered by the Hawaii County
Council Finance Committee on Tuesday September 1st, 1998 known as Resolution
310-98. Please take appropriate steps to inquire into the validity of my claim, and act
on my request to withhold funds from the Statewide Narcotics Task Force. Thank you.
Sincerely, Roger Christie
Hawaii Hemp Council
P.O Box 752 Hilo. Hawaii 96721
850/-8' 961-~0~48~8~
l_~~11' l L~d:'_i
r.ei
Recusal Qrder /Effective now
9/4/99
The 6 members of the Hawaii
County Council listed below are hereby ordered
to recuse themselves on any and atl testimony
ar council vote regarding the"special study";
issued by the County's own auditor; which
attempts to subvert and evade the required
mandatory "critical program review"(Hawaii
County Charter
The discussion and vote on Resolution #85-
99 and Comm.427 Tuesday Sept. 8th {Finance
Meeting/19:30 AM, as whether to accept or
reject the document; which clearly admits to
being without Iegal authority ar jurisdiction;
it states bluntly that it can only be
construed as advisory.
This Order is based on the filed court
action of impeachment including joint and
several financial liability, #337-99 in
District court; which effectively puts these 6
members and the Mayor in "conflict of
interest" and stops their input of any kind at
session
regarding this issue and legislative discussion or
vote on the subject. Be it sa ordered.
Named Defendent's in trial: Mayor Steven
Yamashira, James Arakaki, Al Smith, Leningrad
Eiarionoff, Bobby-Jean Leithead-Todd, Dominic
Yogong and Aaron Chung
r.~i
Ti:zvtPORaxr RESrRA1N1NG oRflER .4ND P6RMANENr INJUNCTION
The Hawall kiedical Marijuana Institute and Cannabis CI b; rays
for due process and judicial protection under Hawaii Revi
Statutes- Sect. 71Z=1349:2-(13efense to Prosecution) whereas
Jonathan Adier~e complaitsantYhas suffered arrest for allegedly
illegally`~continlling'the-subs~nce (marijuana) an his residential
property
an co lion of 89 tagged medical purpose marijuana
plants on Aug. 26,1998 at 19tis St. Hawaiian Paradise Park.
The Police Dept.; operadng the COUNTER-CANNABIS PROGRAM;
has repeatedly come back to confiscate a total of 345 tagged plants in
3 subsequent raids without arresting, charging or ptx~ecuiing Mr,
Adler. Mr. Adler has been afforded Nf) due process and tto
opportunity to defend his presumpdon of innocence that must be
attached to his alleged illegal acts. No public notice, House Concurrent
Resolution #lOq '9$ Legislature, Public Testimony to the Hawaii
County Council or any other requests in writing to the Attorney-
General's office have beAn met with acknowledgement of the
stacute's applicability to '.4ir. Adler's situation.
Note there is NO pending cane against Mr. Adler and he has a
cu-rent pending trial in Pennsylania District Supreme Cour; asking
the Honorable Judge Katz to rule on whether he and 166 other class-
action litigants are be obstructed from equal protection by the Dept
of Justlce. The Judge is rulL-tg soon on this case.
Why is there no allowance for Mr. Adler to continue to .~-reate his
own "adequate supply" of medical cannabis for his needs. His
documented asthmatic condition which could conceivable be life
threatening and California Supreme Court 9th Circuit Just ruled that
.Judge Bryer must adjust his decision to allow the "medical necessity"
defense.
Forthwith the complainant prays for a temporary restraining order
and permanent lnlunciion by the court w clarify and reassert Mr.
Adler's adherence to the statute and repeated attempts to
communicate with law enforcement his unique status as a legal user,
cultivator and transporter of medirtil cannabis according to the intent
and purpose of HRS Sect712-1240.1 and the Standing Committe
reports that reaffirm ibis legislative intent and purpose of the
section.
Mr, Adler asks for the court to order the Hawaii County Police,
Prosecutor, State Varcodcs, DEA, DLNR. National Guard and any other
related law enforcement arm that could possibly breach this
restraining order, io acknowledge in writing that they understand
the court's order for them to cease and desist any and all
Eradication Task Force. Publication of a report consolidating statistical data, mission
I reports, operational procedures, training activities, expenditures of member agendes, and ~
measurable performance indicators now directed by Public La~v 105.277 will greatly assist
members of the public, elected offidals, other government agencies, and private
' professionals concerned with drug control and public health outcomes.
CONCLUSION
' The Hawaii County Council, in accepting U.S. Department of justice federal grants From
the Drug Enforcement Administration and the Bureau of Justice Assistance, has asked the
I Legislaove Auditor to determine if the Hawaii County Police Department has effectively
met the stated goals, objectives and obligations of the grants, spent rant monies as
au orize y e grantor agencies, an o serve intern controls for the disposition of
confiscated marijuana, cash seizures and public complaints. To each of these inquiries, eve
answer in the affumtative.
` While we have endeavored to fulfill the study objectives outlined in Coundl Resolution
No. 338-98, we admit that our findings lack shtutory authority and any recommendations
are purely advisory. Essentially, this study hu been performed outride the scope of the
County's jurisdiction.
f For many years, the County Coundl his provided a forum For discussion and debate about
ongoing law enforcement efTorts to eradiate and deter illegal marijuana cultivation in
Hawaii County. However, the Hawaii County Counal his neither an assigned statutory
d role in program formulation nor oversight of multi-jurisdictional law enforcement task
forces. Thesc functiotu are carried out by federal and state law enforcement agendes.
Therefore, with respect to the operational activioa of the Statewide Marijuatu Eradiation
Tuk Force, the proper forum For public discussion is the Department of the Attorney
General and in advisory committee on crime Burin the annual develo meat rocess of
Byrne rant un ' g propo s. With respect to federal and sate laws Aovernin¢
s e u e gs an g-re aced olFerisa, the suiable forum for dozens' concerns are the
United Sates Congress and the Hawai' i State Legislature.
i
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writing to the clerk within ten days (excluding Saturdays, Sundays, and legal
holidays) after receipt. If the mayor does not act within such ten-day period, the bill
shall become effective as an ordinance as if the mayor had approved it. The objections
of the mayor shall be entered in the journal of the council and the council may, after
five and within thirty days after the bill has been so returned, reconsider the vote
upon the bill. If the bill, upon such reconsideration, is again passed by the affirmative
vote of two-thirds of the entire membership the presiding officer shell verify that tact
on the face of the bill and such bill shall become effective u an ordinance with like
effect es if approved by the mayor. A bill failing to pass upon such reconsideration
shall be deemed loot. 1
If any appropriation bill is presented to the mayor, the mayor may veto any item or
portion thereof by striking out or reducing the same. The mayor shall append any
objections and the reasons therefor to the bill at the time of signing, and the item or 1
portion thereof so vetoed shall not take effect unless the council shall reconsider the
vote on the bill and, upon such reconsideration, the bill ie again passed by the
affirmative vote of two-thirds of the entire membership.
Section 3-13. Adoption of Pay Plan. All persona employed by the county or any
of its boards or commissions, whether as officers or otherwise, except Chose whose pay
ie otherwise provided for shall be paid in accordance with a pay plan enacted by i
ordinance. The pay plan for persons holding positions in the position-classification
plan shall be in accordance with Section 7-1.5 of this charter. Interim emendmente to
the ordinance establishing the pay plan for the county may be by resolution of the
council provided a revised salary ordinance is enacted at least once annually.
Section 3-14. County Code. There shall be a county code containing all county
ordinances, as may be amended from time to time, and copies thereof shall be
available for inspection a[ the office of the county clerk.
Section 3-15. General Plan. The county council shall adopt by ordinance a
general plan which shall set forth the council's policy for long-range comprehensive
physical development of the county. It shall contain a statement of development
objectives, standards and principles with respect to the moat desirable uce of lend
within the county for residential, recreational, agricultural, commercial, industrial
and other purposes which shall be consistent with proper conservation of natural
resources and the preservation of our natural beauty and historical Bites; the moat
desirable density of population in the several parts of the county; a system of
principal thoroughfares, highways, streets, public access to the shorelines, and other
open spaces; the general locations, relocations and improvement of public buildings, Y
the general location and extent of public utilities and terminals, whether publicly or
privately owned, for water, sewers, light, power, transit, and other purposes; the
extent end location of public housing projects; adequate drainage facilities and
control; air pollution; and such other matter as may, in the council's judgment, be I
beneficial to the social, economic, and governmental conditions and trends and shell
be designed to assure the coordinated development of the county and to promote the
general welfare and prosperity of its people.
(a) The council shall enact zoning, subdivision, and such other ordinances which
shall contain the necessary provisions to carry out the purpose of the general plan.
(b) No public improvement or project, or subdivision or zoning ordinance, shall be
initiated or adapted unless the same conforms to and implements the general plan.
(c) Amendments to the general plan may be initiated by the council or the planning
director. I
Section 3-16. Mandatory Program Review. At least once every four years, the
council shall critically review every program supported wholly or partially by county
funds, and unless the council shall favorably authorize its continuation at current or
modified levels, the program shall be terminated. The council shall adapt procedures
end details to implement this section.
Section 3-17. County Reapportionment Commission.
(a) There shall be a county reapportionment commission which shall establish the
boundaries of the council districts.
5
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r~ Section 10-11. Payments and Obligations Prohibited: Verifications;
r[ Penalties. No payment shall be authorized or made and no obligation incurred
against the county except in accordance with appropriations duly made. No payment
shall be made against any allotment or appropriation unless the director of finance
first verifies that there is sufficient unencumbered balance in the allotment or
appropriation and that sufficient funds therefrom are available to cover the claim
concerned; nor shall any obligation be incurred against any allotment or ,
appropriation unless the agency head first verities that there is sufficient
unencumbered balance in the allotment or appropriation and that sufficient funds
therefrom will be available to meet the obligation concerned when it becomes due and
payable. Every obligation incurred and every authorization of payment in violation of I
the provisions of this charter shall be void. Every payment made in violation of the
provisions of Chia charter shall be illegal; and ell county officers who knowingly
authorize or make such payment or any pert thereof shall be jointly end severally
liable to the county for the full amount so paid or received. If any county officer or ~
employee knowingly authorizes or makes any payment or incurs any obligation in
violation of the provisions of this charter or takes part therein, that action shall be
cause for his or her removal.
Nothing contained in this section or other sections of this charter shall be construed '
to prevent the making or authorizing of payments or making of contracts for capital ~ ~
improvements to be financed wholly or partly by the issuance of bonds; nor shall it
prevent the making, when permitted by law, of any contract or any lease providing for
the payment of funds at a time beyond the end of the fiscal year in which the '
contractor lease is made. But any contract, lease or other obligation requiring the
payment of funds from the appropriations of a later fiscal year or of more than one
fiscal year shall be made or approved by resolution.
Section 10.12. Special Funds. Upon recommendation of the mayor, the council
may by ordinance abolish or establish such special funds as may be necessary for the ~
proper and efficient segregation of fiscal operations of the county. -
Section 10.13. Post-audit. The county council shall provide at least once every
year for an independent audit of the accounts end other evidences of financial
transactions of the county and cf every county agency and executive agency. The
audit shell be made by a certified public accountant or firm of certified public
accountants, designated by the council, who have no personal interest, direct or
indirect, in the fiscal affairs of the county or of any of its agencies or executive
agencies. The audit shall include both financial accountability and adequacy of the
financial and accounting system. If the state makes such an audit, the council may
accept it u satisfying the requirements of this section.
Either the council or the mayor may at any time order an examination or audit oC
the accounts or program of any county agency or executive agency. Upon the death,
resignation, removal or expiration of the term of any county administrative officer,
the director of finance shell cause an audit and investigation of the accounts ~ ~
maintained by the officer and the officer's agency or executive agency to be made and
shall report the results thereof to the mayor and the munch. In the case of the death,
resignation or removal of the director of finance, the council may cause an audit to be ~
made of the amounts of all agencies and executive agencies. If, as a result of any such
audit, an officer be found indebted to the county, the mayor shall proceed forthwith to
collect the indebtedness.
Section 10.14. Centralized Purchasing.
(a) The department of finance shall be responsible for the procurement of ell,
materiels, supplies, equipment and services required by any agency of the county,
except ea otherwise provided by this charter or any law.
(b) There shall be e standardization committee composed of five members. The
mayor shall appoint four members without necessity of council confirmation, each of
whom shall be from a separate department. The fifth member shall be a s"
representative of the department of finance who shall serve as chairperson of the
21
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548 547 NON-PROFIT
ail; not requir- Nonfeasance /nonfiyzan(t)s/. Nonperformance Non-navigable. At common law, streams or bod-
of some act which ought to be performed, ies of water not akected by tide were "non-
issioned officer omission to perform a required duty at ali, or navigable". Bodies of water other than naviga-
icer who holds total neglect of duty. hie waters (q. v.).
There is a distinction between "nonfeasance"
n the executive Non-negotiable. No[ negotiable; not capable of
and "misfeasance" or "malfeasance"; and this
by a superior III passing title or property by indorsement and
distinction is oken of great importance in de- delivery. An instnment which may not be
termining an agent's liability to third persons. ~ transferred by indorsement and delivery or by
mCnbs/. lat. "Nonfeasance" means the total omission or delivery alone, [hough i[ may be assigned. The
ibis is a very failure of an agent to enter upon the perform- 'i transferee does not become a holder unless it is
eues of mental ante of some distinct duty or undettaking negotiated.
which he has agreed with his principal to do;
i, dimension or "misfeasance" means [he improper doing of an Non obstante /non abst£ntiy/. Lat. Notwith-
pnor to the act which the agent might lawfully do, or, in standing.
~t of a zoning other words, it is [he performing of his duty to - Words anciently used in public and private
>nform to the his principal in such a manner as to infringe instruments, intended to preclude, in advance,
itt in which it upon the rights and privileges of third persons; any interpretation contrary [o cenain declared
ption, revision, and "malfeasance" is a doing of an act which objects or purposes.
he ought not to do at all.
See also Malfeasance. ~ Non obstante veredicto /non abst£n[iy vehradik-
he size, dimen- [ow/. Notwithstanding the verdict. A judg-
awful prior [o Non-forfeitable. Not subject to forfeiture. See ment entered by order of court for the plaintiff
ment of a zoo- also Non-~-° `^h~~. (or defendant) although [here has been a ver-
conform to the ~ dict for the defendant (or plaintiff). Judgment
Non-freeholu orooert
itt in which it - ~ non obstante veredlcto in its broadest sense is
option, revision Malfeasance /maelffyz'n([)s/. Evil doing; ill con- ~ a judgment rendered in favor of one party not-
ies not comply duct. A wrongful act which the actor has no withstanding the finding of a verdict in favor of
ut which exist- legal right to do, or any wrongful conduct I the other party. A motion for a directed ver-
ood faith prior which affects, interrupts, or interferes with per- I dict is a prerequisite to a subsequent gran[ of
uovision. See formance of official duty, or an act for which judgment notwithstanding the verdict. Fed.R.
there is no authority or warrant of law or Civil P. 50.
on-contestable which a person ought not to do at all, or the Judgment non obstante vereditto originally,
oily by way of unjust performance of some act, which party at common law, was a judgment entered for
gainst belated performing it has no right, or has contracted plaintiff "notwithstanding the verdict" for de-
and rescission not, to do. It differs from "misfeasance" and fendant; which could be done oNy, aker ver-
hereon to his "non-feasance" (q. v.), dict and before judgment, where it appeared
ns and forego- oecween hu~hand and wife. II that defendant's plea confessed the cause of
See Non-access. action and set up matters in avoidance which,
,~,~o„ - although verified by the verdict, were insuffi-
itinuous ease- tion; Petty offense. ~ cient [o constitute a defense or bar [o the ac-
joyed without lion. But either by statutory enactment or be-
ttle "noncon[i- Misfeasance /misfiynn(t)s/. The improper per- cause of relaxation of the early common-law
of way, is one formance of some act which a man may lawful- rule, the generally prevailing rule now is that
ct is essential. ly do. "Nonfeasance" means [he omission of either plaintiff or defendant may have a judg-
rus easement. an act which a person ought to do; "misfea- ment non obstante veredicto in proper cases.
lance" is the improper doing of an act which a
person might lawfully do; and "malfeasance" nonpayment. The neglect, failure, or refusal of
nsurance poll- is the doing of an ac[ which a person ought not payment of a debt or evidence of debt when
uerests of the ~ to do at all. due.
rotected under ~ a,~.. i Non-performance. Neglect, failure, or refusal to
empdon; Homestead V do or perform an act stipulated to be done.
Lat. In plead- Non-mailable. A term applied to all letters and ~ Failure to keep the terms of a contract or
treviated "non parcels which are by law excluded from trans- ~ covenant, in respect to acts or doings agreed
portation N the United Sates mails, whether upon. The failure or neglect to render perform-
nly incident to on account of the size of the package, the ~ ante called for in a contract, rendering the
"passed" (not nature of its contents, its obscene character, or ' non-performer liable in damages or subject to a
period; such for other reasons. decree or judgment of specific performance.
'r and there is Non-medkal policy. Insurance policy issued Non-profit assceiation. A group organized for
the next divi- without medical examination of an applicant. purposes other than generating profit, such as
Non-merchantable title. The title [o realty need a charitable, scientific, or literary organization.
refusal to de- not be bad in fact to render i[ "non-merchants- See also Non-profit corporation.
arrier, vendor, ble", but it is sufficient, if an ordinarily prudent Non-profit corporation. A corporation no part of
man with knowledge of facts and aware of ' the income of which is distributable to its mem-
d facts, which legal questions involved would not accept it in tiers, directors or officers. Corporations may
concealment." ordinary course of business. See Merchantable be organized under the Model Non-Profit Cor-
-epresen[aUoa title. poration Act "for any lawful purpose or ptu-
How Did We Get Into This Mess -
The History of Procrram Review in Hawaii County,
1979-1997
Summary
Section 3-16 of the County Charter of Hawaii County provides:
At least once every four years, the council shall
critically review every program supported wholly or
partially by county funds, and unless the council shall
favorably authorize its continuation at current or
modified levels, the program shall be terminated. The
council shall adopt procedures and details to implement
this section.
With rare exceptions, the County Council of Hawaii has never
implemented this section of the charter, has never done the
required program audits of its budget, admits to this
nonfeaseance, and sits in violation of the County Charter to this
day. Further, it has routinely appropriated money in violation of
section 10-11 of the County Charter prohibiting unlawful payments.
How did this come about?
1
wir w w
o~
Ua{, Wayne G. Carvalho
Stephen K. Yamashiro Pohu Ch¢f
Mayor
~ • lames S. Correa
+e e_'wj Dtpury Polic<Chief
~II1T1Tf~J II~ ~ZI~lTFIIi
POLICE DEPARTMENT
349 Kapiolani Street Hilo, Hawaii 967203998
(808) 9357311 Fax IB081 967-2702
June 23, 1998
TO CONNIE KIRIU, LEGISLATIVE AUDITOR
OFFICE OF THE COUNTY CLERK
FROM ~ E G. CARVALHO, POLICE CHIEF
SUBJECT: MARIJUANA ERADICATION PROGRAM REVIEW
The Statewide Marijuana Eradication Task Force Grant, Project
- No. 96-DB-13, terminates on June 30, 1998. Resolution No.
94-97 dated July 2, 1997, requires that a program review of the
marijuana eradication program be submitted to the County
Council within 90 days of the grant's termination.
`~On May 19, 1998, Acting Lieutenant Henry Tavares and Accountant
Nori Tanaka of our Vice Section and Finance Division,
respectively, met with Finance Director Harry Takahashi and
reviewed the minutes of a June 16, 1997, Finance Committee
meeting in which Resolution No. 94-97 was discussed.
On Page 163 of the minutes (enclosed), Council Member
Leithead-Todd was quoted as saying, "that part of the funds be
eapended in conjunction with the Legislative Auditor's Office
on a program review of the marijuana eradication program." She
further ezplained that the length of time was required because
the Legislative Auditor's Office indicated that it would take
anywhere from sia to nine months to conduct a program review
and would imagine that some time would be spent observing
and/or monitoring the operations.
take this to mean that the Council's interpretation was that
the responsibility for conducting the program review was
directed to the Legislative Auditor. As a result of this, the
Police Department is willing to assist your office in the
preparation of this report.
Hawaii County Council July 2, 1997
MR. WURDEMAN: The one case we had, we had prevailed,
so based on that experience, I would say that--well,
what I said before. We may meet the bare letter of
_ the law; I think that a spirit o the law and what
e aw in en e w is is not on y or t is program,
but for all other programs, street lights, or
whatever, that there be a bureaucracy reviewing it,
which is--if you're going to do it, is a major effort.
MR. TYLER: So in terms of Draft 2 then, of
Resolution 94-97, the amendment offered regarding a
mandatory program review is--it's a stipulation we
can't put on this contract? Would it have to be in a
different resolution or--how would you recommend that
we deal with what the wishes of the maker were?
MR. WURDEMAN: I would recommend that separate and
apart from the resolution, if that were the wish of
the Council, that the Council commission a program
review that s ou a in ependent--either in- ouse or
ringing in pro essiona asses ance from outside.
MR. TYLER: So if it's a concurrent matter that goes
on in conjunction with these proposed contracts, some
of which were to start on January of this year, it
would also meet the spirit of the law, in your
estimation?
MR. WURDEMAN: I'm sorry, could you repeat that?
MR. TYLER: Yes. If a separate resolution were drawn
up regarding a mandatory program review, an
independent mandatory program review along the lines
of what you said and what appears to be intention of
the maker of that amendment, that we would be in
compliance with the Charter?
MR. WURDEMAN: Yes.
CHR. ARARAKI: Mr. Tyler, I have drafted a resolution
to do that, so I will be sharing that with you and
sharing it with all the Councilmembers and see if
you'll concur with a program review concept.
Mr. Reynolds.
1235
Hawaii County Council July 2, 1997
MR. TYLER: The second question that I wanted to ask
you is there's been some representations made today
and some previous times that the Council, because
there has not been what some people term a mandatory
program review, that the Council is currently in
default of the Charter and we must terminate this
program until such a review is done. In your
professional opinion, is that true or not?
MR. WURDEMAN: The Charter doesn't--well, this whole
question. We had one lawsuit in 1994 which was
brought on this point and it was dismissed. The
Circuit Court Judge--it didn't go past Circuit
Court--felt that the question was a political question
to be determined by you in adherence to the doctrine
of separation of power, she was not going to involve
herself. That's the one decision that we have.
2~ ~ Of course, we have the rule, the Council rule that
says that the budget review is the program review. I
think, in my opinion, this meets the bare letter of
the law, c ear y oes not meet the spirit of the
aw, an in anticipation of your question, I have done
some reading in some budget books about what a program
review is and what it's supposed to entail and what it
is supposed to do--is to match the objectives o the
program wi a results of the program to see if it's
cost effective.
Hefore we even start talking about a program review,
we've got to define what's a program. A program is
the drug eradication program--the aerial drug
eradication effort a program or is it part of a
larger--is it an activity which is part of a larger
program, which is drug enforcement, or is drug
enforcement merely part of a larger program, which is
law enforcement?
So, I would suggest that before undertaking a "program
review," the first thing to do is decide at what level
you consider an activity to be a program.
MR. TYLER: So from your perspective, as Corporation
Counsel, then, we are adhering to the Charter, i mean,
in terms of this intent?
1234
DONALD IKEDA ALAN S. KONISHI
County Clak ~ Dryuty County Clcrk
CONSTANCE R. KIRIU
legislatitx Auditor
OFFICE OF THE COUNTY CLERK
County of Hawaii
' Hawaii Cmmty Building
25 Aupuni Street
Hilo, Hawaii 96720
RL~V® ~
May 13, 1998 fir''-~'
BX
Gounty Council)
i~~
TO: J. Curtis Tyler , llI
Council Memberr /
FROM: Connie Kiril~,ri~
Legislative Auditor
RE: Marijuana Eradication Program Review
This is in response to your memorandum asking for an update on the status of a program
review of the marijuana eradication program, which is thought to be performed by our
office.
The attached Resolution No. 94-97 required as a condition of County Project Number 96-
DB-13 and its accompanying grant agreement that some of the funds be expended on a
program review of the marijuana eradication program. The program review is to be
submitted to the Council within 90 days of the grant's termination. According to the
Police Department, the project was extended to June 30, 1998. Consequently, the
program review should be submitted by September 28, 1998. The Police Department, not
our office, is expected to contract out for this program review.
The attached Resolution No. 117-97 requested the Hawaii Stag Legislature to conduct an
audit of the Statewide Marijuana Eradication Program. The Legislature did not act on
such a request this session.
Hopefully, this response is sufficient. If you should have any further questions, please
feel free to contact me.
Att.
cc: Police Department
Council Members pp o
Comm. No. ~~J• ~ o
Fllz No.
Ref. ~tPresent~ F C
Rai. cFp 1P98
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION
RESOLUTION AUTIiORIZING THE COUNTY OF I IAWAII TO ENTER INTO AN AGREEMENT WITH THE UNITED
STATES OF AMERICA, PURSUANT TO HRS 46-7, FOR A STATEWIDE MARIJUANA ERADICATION GRANT.
WIiC•REAS, the United States of America through the State Department of the Attorney General Crime Prevention
and Justice Assistance Division, is desirous of providing funding for expenses to conduct marijuana missions; and
WHEREAS, the Hawaii County Police Department is ready and willing to proceed with its obligations to conduct
marijuana missions; and
1VIiEREAS, pursuant to Section 46-7 of the Hawaii Revised Statutes, the Federal government may enter into
agreements with the Council of the County of Hawaii providing the expenditures or receipt of funds or for other assistance;
and
WHEREAS, public concerns on the effectiveness of the marijuana eradication program warrants a more
comprehensive program review of the funding in operations of the program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TFIE COUNTY OF HAWAII that i[ requires as
a condition of County Project Number 96-DD-13 and its accompanying grant agreement that some of the funds be expended
on a program review of the marijuana eradication program. The program review shall be submitted to the Council within 90
days of the grant's termination or sooner.
. J
BE IT FURTHER RESOLVED that the Honorable Stephen K. Yamashiro is hereby authorized and designated to
~n in the name of the County Project Number 96-DB-13, which will effectuate these purposes.
BE IT FURTHER RESOLVED that the County Clerk is hereby directed to forward copies of this resolution to said
Mayor Yamashiro, the Cltief of Police, and any other interested governmental agencies.
Dated at Hilo, Hawaii, this 2nd day of July 1997.
I "L~ODUCE~&~Y:
COUNCILMEMBER, C TY OF HAWAII
COUNTY COUNCIL ROLL CALL vOTE
County of Hawaii AYES NOES ABS EX
HIiO, Hawaii ARAKAKI X
CHUNG
1 hereby certify that the Foregoing RESOLUTION was by the LEITHEAD-TODD
vote indicated to the right hereof adopted by the COUNClL of the RAY
County of Hawaii on July 2, 1997 REYNOLDS
SANTANGELO
ATTEST: SMITH
TYLER
r YAGONG I(
l Reference C- 314.07 /Cottncil
OUN~ RK CHAIRMAN & PRESIDING OFFiCGR RESOLUTION NO. q
d~ 7
rilrn f,- ? ~
I. Introduction: What is a Program Audit
If money for a program is spent illegally, a financial audit
will uncover it. The County Charter requires a financial audit by
an outside consulting firm every year. But it is possible to
spend money foolishly, wastefully, incompetently, without getting
any return, even though this might be legal. A program audit is
designed to uncover such waste.
A program audit is basically looking at the goals of a
particular program, looking at whether you've
accomplished those goals, looking at whether the money
that you've budgeted is being used wisely to achieve
those goals, whether, in fact, the program has departed
from the original goals and gone off in a different
direction or at this time, whether the oricinal
direction is the same thing that you want to do now.
(MS. Bobbi Leithead-Todd, then-Legislative Auditor
testifying at the Finance Committee hearing, 26 July
1993)
Program audits are also called Management Audits, Critical
Reviews, and Sunset Reviews. All have the same goal.
If you think about it, there is nothing to prevent the County
Council from authorizing payments for the Submarine Transportation
Program, a program designed to carry tourists from Hilo to Rona
via submarine. Nothing prevents the Council from paying one
million per submarine. Nothing prevents the Council from
specifying that every submarine have at least one scree.^. door, the
better to view Hawaii's beautiful undersea life.
A financial audit will uncover no irregularities since every
payment is duly authorized.
A program audit will uncover the fact that the first 100
submarines sank to the bottom without a trace, that the contractor
insured the Mayor's re-election with hefty campaign contributions,
2
Council delays vote on pot fight
The County Council Finance Committee has delayed a vote on
whether to accept more federal grants to help fmance marijuana erad-
ication on the Big Island.
Finance Committee Chairman Aaron Chung said the council
Finance Committee didn't have enough information about the pro-
gram from the Police Departrnent to vote on the issue on Tuesday.
Chung, also said he would like to see a program review done on
eradication an wants to ow what ever became of laps in ears
past to au a or o a ro review of eradication.
" is a situation w ere ou romise the ublic som thin and you
just ope at t eV _ prget, and. it's just kind of business as usual,"
Z`, ung said. "I can understand how people who oppose the program
aze u set wit a rocess.'
ung sai he supports the
fight against drugs, but wants to know
"is this~rogram getting us anywhere closer to the goals that it is try-
ing to achreve? I doa't know."
u o ozen ro-man
a~ ana aaivists testified against the erad-
ication ro anti t e e a FFinance Committee hearing.
e counct w e up a issue again on June 16.
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PUBLIC HEALTH AND MORALS 712-1241
negadve without being able to compel the accused to testify. ft waz found Naz this waz a pracdcal
impossibility and accordingly i[ has been eliminated as ao element of every offense in this part. Senate
Standing Committee Repot No. 590.
The legislazure also amended the definidon of mazijnana so as [o indicate thaz the entire genus cannabis
waz to be included in the term and no[ merely cannabis saliva
SUPPLEMENTAL COMMENTARY ON $712-1240
Act 1 I2. Session Laws 1979, amended this section by adding Ne broadly defined term "dosage unit."
The legislazure found that drugs, while commonly sold in tablets. capsules, or other forms covered by
existing drugs laws, are also distributed and sold in forms which are not covered. The legislature believed
that these amendments woWd lesun the promotion of dangerous drugs within the State. Conference
Committee Report No. 4I.
Act 122. Sesston Laws 1984, added the definidon of intoxicanng liquor because of the inclusion of a
new section prohibiting adults from promoting intoxicating liquor to a minor.
Act 356, Session Laws 1987, added "and section 712-1242" to the definition of "dosage unit", for the
purpose of conformity between secdons 712-1241 and 712-1242. House Standing Committee Report No.
480.
Case Notes
One who acs az buyer's agent to purchaze ding with buyer's funds does not commit offense of
"selling" the drug. 60 H. 8, 586 P.2d 1022.
Charge of possession of "marijuana concentrate hashish" established by presence of THC and absence
of marijuana plant, fact Nat commony accepted connomdon of "concentrate" is that of more powerful
substance is urelevant for purposes of section; section oot unconstitutionally vague. 4 H. App. 79, 661
P.2d 1206.
§712-1240.1 Defense to promoting. It is a defense to prosecution for any
offense defined in this part that the person who possessed or distributed the
dangerous, harmful, or detrimental drug did so under authority of law as a practi-
tioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person ~
otherwise authorized by law. (L 1977, c 137, §1]
COMMENTARY ON $712.1240.1
Act 137, Session Laws 1977, added this secdon to provide a defense for the lawful possession or
distribution of drugs by authorized persons. N enacting Ne section, Ne legislature found Naz the law az
then worded made any possession or distribution of dings criminal. Senme Standing Committee Report
No. I I27, House Standing Committee Report No. 683.
Case NoW
Legislazure intended secdon az a defense rather than element of an offense. 64 H. 568. 645 P.2d ]O8.
§712.1241 Promoting a dangerous drug in the first degree. (1) A person f
commits the offense of promoting a dangerous drug in the first degree if the person
knowingly:
(a) Possesses one or more preparations, compounds, mixtures, or substances
of an aggregate weight of:
(i) One ounce or more, containing methamphetamine, heroin, mor-
phine, or cocaine or any of their respective salts, isomers, and salts
of isomers; or
(ii) One and one-half ounce or more, containing one or more of any of
the other dangerous drugs; or
(b) Distributes:
(i) Twenty-five or more capsules, tablets, ampules, dosage units, or
syrettes containing one or more dangerous drugs; or
(ii) One or more preparations, compounds, mixttues, or substances of
an aggegate weight of:
327
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Neighbor Islands
Kokee plum crop a.m. sunrise ceremony followed surveillance and seizures,
SmAll by a lei draping at 7 a.m., a Carvalho said.
~ pazade at 9 a.m. and a ho'o7aulea In some years, the number of
from 10:30 a.m. to 4 p.m. marijuana ants uproote on
LIHUE, auai -Plum- The ho'olaulea will feature 't ie i I-si~ one as
picking seaso tarts today in Hawaiian food, music and excee t e tot au of an
Kauaz s Kokee to Pazk but exhibits. azn an state, ough raw
don't expect a big ul. nom ers ave been down in
rate officials said t ' yeaz's $lg Island COUncil recent yeazs, 342,119 plants
pl crop is a poor one, baps were seized in 1994-95.
becaus f a wet winter. Peo le Sta113 marijuana funds
intereste icking plums need
permits, wluc a available at HILO, Hawaii -The Big Hearing delayed
the state park hea uarters Island's waz against marijuana for murder suspect
neaz Kokee Lodge. may be stalled after [he County
Methley plums were red Council's Finance Committee
in Kokee during the 1930s, and voted (rl last week to defer H O, wail -The
the state holds apuum-picking approval of new federal Prep 'nary aring for
season each summer. contracts that pay for the raids. Christo er Widmer Jr.,
An estimated $400,000 in accused o murde d robbery,
Ramehameha fete tht'ee related federal grants is was postpo d yeste ay after
up in the air after a decision to Prosecutors nt muc of the
today on Big Island keep the question of approval at day tying to b news c eras
the committee level. from a courtroo
KAPA`AU, Hawaii - A Committee Chairman Aaron Depu Prosecutor Iopa
community sunrise ceremony Chung said a hearing on the said she ught to bar uch
and lei-draping will be held grants will be held Monday. His coverage b ause some
during a daylong King committee will consider char es witnesses az eazful. Dei2nse
Kamehameha Day Celebration ~ civ~i n~T is
vtoTattons~ co sel Stanto Oshiro joined
today in North Kohala. lack of program review that her orlon.
The program will focus on the -cn cs say is require y e Jud Sandra Sc rte rejected
original King Kamehameha coon c az er. the requ to ban c eras.
statue in front of the former t oug ig Island vice The tri will begin T e 19.
North Kohala Courthouse. The officers do most of the work on Wilmer, 1 is chazged with
work, once planned for the periodic mazijuana field m dering Go on Granger, 73,
Ilonolulu, was lost at sea near raids, fmancing and key last nth in G ger's Pu`u'eo
the Falkland Islands and later helicopter support is from home. a also is azged with
recovered and brought to the federal sources. an unrel ed arme holdup of a
king's birth district. The county alone could not couple on yan Drive
The program starts with a 5:30 afford the high level of on May 13.
ROGER CHRISTIE lHIR,
Post Office Box 632 ~~-;Te r,~ ;;A;yh;r
Pahoa, Ha wai'i 96778 F~I.ED
Telephone: (808) 961-0488 99 ti11; ~ ~ Fq J ~
c~;.ar~~r;,^
IN THE CIRCUIT COURT OF THE THIRD C1,~ ~~Wq
STATE OF HAWAII
ROGER CHRISTIE ) CIVIL NO. p8 - ~3 I e`3
JONATHAN ADLER )
ERNEST AARON ANDERSON ) PETITION FOR IMPEACHMENT;
RONALD STOCKTON ) SUMMONS
PAUL VON HARTMANN )
GLYNN MOTOISHI )
GERALD CARMACK )
EDWARD CLARK )
EILEEN HENRY )
MICHAEL MARTIN )
SUZANNE ROBINSON )
DAVID ZEISSLER )
DEL PRANKE )
DONNA SPENCER )
ANTHONY ALMEDA )
GREG ELIADES )
AMANDA SLAUGHTER )
KENNETH MIYAMOTO-SLAUGHTER )
GERALD CORNETT )
DEBORAH PHILLIPS )
DANIEL MAROUARDT )
DAVID SCHNEPPLE )
DOUGLAS JAMIESON )
BRYAN EVANS )
PHOEBE ROMAN )
EVERARD WENTWORTH )
GERALD VINCENT HUNT )
WM. SHAN GARDNER )
RONA LEE KLEIMANN )
VIRGEL E. FLEMISTER )
CHRISTIAN CULLEN )
MAYAPPLE MCCULLOUGH )
ADRIAN BARBER )
JOHN WESTON )
1
Ihrrrby cr~tlfy Nwt ?iic k a full, hw artrrrrrs
copy of Hw ortfhls offlw.
CMAr lhlyd C4cult Cwrtr Shh of Mower
_ -
~ PETITION FOR IMPEACHMENT ~
AIaM. Wild a viaon OI harmony, a compaesiDnale hell, xM a e4op will be'
all inheNMnn bWrre and praBpel, we, more Ihen one HuMred II W) qualllled
alecbn a IM County of Hewail In IM1a Slab d Hawmi, IoM aclMn by NiB peNkn'
la uuu Ne biY a drcull Court br Ne ImpeecM1manl of cerlun stewed oniaele
' Fol Ne welnbap BIM prDapallry of W ~ peoplB, and 10r Na wnllnuellOn OI Oul'
relaYYk, we in1eM aM DraY br Nla mailer ID be resolved In lbe IIpM of truN aM
1 jYe4cB, b! IIIB OOIBlganla' IBmOV01 IIOm onICB, doe lot NBII IaMLIliW40n w11M1in
me mleM mmlwnry
Oue reaped entl cuppon bl all NB people and me laws of Iha land causes us
' to Ilx mr agnelurec to Nla PNitiOn for Impxchment of the b4owinp .limn bl
md11Ba3anCB, m8bdaalMa, nOn188Bdn[a aM malddminsllallOn In al'Ira a6 Cellos'
br In CMpNr g, Sadbn Ig~g.l, Imp¢hnnnt of EbdlM OnicxB:
' Mayor Sla{Men Yamashita
Councilmen James Nahab Cwnalwomnn BOkbie Jean LnnM1ead-IaYJ'
Councilmen AI Smi1M1 Counclman Aaron CM1UIIp
Courci4ren GOmina Ypap Goundlren Lenrvye0 ElerwiroH
LM.CBNpBL
I d Albr mMly wxB OI pudw IevllmonY nolllpng Ne munal oI 1Mlr lalara ID '
I W ugly, Ne ebwa~nanwd elected OHICbIV continue b wnllulry eve repeandly Vw
Bwxn oN~d na~lmY ~rena
~pIlil~caM~rlwp oatwl
lw~a pxamuwr°aw°l war
INe mxijuane eretlka4m program, eke 'Orwn Hatwsr, CoumenGaxnEra,
' plc 1 PDn Ne peage 9rq IerNe a Na coun7 in Malanl viaalbn of sacuon ile.
MaMalory Ropram INVNW. TMb sabre haw revelled In Ilaaeiva aw cue
' IelnBd pxeonal, femillM, eodel, xVpmM alM whunl damage to IM inhadnMC
el IM manly, eM Ne Blele u a wMIB. (Swop of NB reeull9 OI damps done ID
our tlIINBM Mw Man WMINed In • Mwly releawd npod by Me Mantel Hwllh I
MacdeMn ailed A cl•...v o O~•"•I Inn..mrs of Hawa IDB report.
Iwwewr, any eGralchw Ne eudam of Na dempe crealetl Iry me dOlendanlc;'
I ad'lore, vide Wd Ihxeal. A¢uralely depclillp Hle Human bll of Ne deaMae
old mxiluane eretlicalian payem wiY lake a painelalurq, cnlical program review.
1 and mign rorerer amain IrICpryMen aua to IM elwlmous so:pa DI Na casual
4ea. i.e. lamllus veparNae, popaM veizad. aawre devbDVed, Iwxs wreu,ao q
~ drug ewes, wlaeyaeea mwnr. ab.l ~
2) PrplamB auNarlietl alM landed dy IM1B daalManle davn demed rys4ce
f daslloyed domestic Inlqulllly, IOdumd IIIB gBnenl WBIWB, ClBeled CIImB
alYXwfagetl IoM drug eww, and lessenetl IM1a deaslg3 DI liberty lot all i
nMMNMa.
13.) The MrelMann Mw ellpagbtl In tleceplive pDliliml pracYCes deelgnm lo'
subvert wr damcrelic IneUlbrn by w4p on a'prpram rwiew entl Nen rei4p 1
~ M anwr ono. men. br approvlp a limned spacial slady mat re Hawed M
design, eM IraWUlem by Imenl. Ne darendann continua In a conspiracy Inal
' ads uMer mB mbr DI Ww b minimxB NB reauns of lheb atlions and l0 keep Ne'
nxpeyxf of Hawaii County in the Bark.
f 4.1 County, apM aM Meral appropnallons ID IurM ma mar4uana eraNCallon ~ '
prapam were not 'day made". Ogpanore knowngl^inwrred aM payments
' krlowlnply eulM1arized M Yw shwa daeMan4 wxe, d stlll are, In m tenon o1
IM praYlaipa a Munn coamy cMni s«non tall, Parmema .nd
' OMpalbna ProhlMNd: VarNlcatlonq Pare111eB. '
Ww llr mdv.mwl Lire
' a.) 8M publicaLlerge Is mdde aware of the lOlllcer. abusna u1 power py Ihrs
legal plomeB aM MB dull ewrdee of Nal b impeaMmem,
' 01 dvil end xlminal Impclpalionv bpln rot join) and veveml liaollny of IM1a'
Oniwe,
C.) NB Caull dBxe NB wmpblB lacord eta 6us1aln61nB Clnlpes. '
d) Me OMlcere M renvrvetl IIOm oNlcv alb renad11181ed wlNln the mmmunlly.
GgoGIIlEMO: we M1ew cunerW a by Inn of ewees are lave wilneesetl IM1a
' penecullon entl wraplul proaxulwn of IoD many olM1ers II b our npM entl our I
tluly b lake lawlul eCIb0110w M Ixnow Ills enlentlams Irom pudic oH¢e aM lo'
praYlde reW aelpuaNC bf Ou! taints seburilr We dBSIIB a IMroupM1 airing Ol IM1a
cnagee set arm above in a coati of law We pree to amapumm atM Iqm as a'
par4d form a1 jue4ce
II k our bolkl IMI a IlmBly and cnllcal mcndclory program nvlew tae rolled'
bIM1 N lM chernr awry bw years) would Mve endnd lha'mauryana aradw-
lion proyxn' war4 po. We klpw Ilnl lha delggann are nalp IM1a Iruln DI Nxr
' .Lliona from Ne ciuzmv. ana an lading la ophna meir Bwom oam of Dump lo'
wrelM aB epamal dDmear .nemlBa. Macn lika'a wage und.r IlDaaad water
' IM deMlWnn mnlinuebla uv down 1
we know NM wlm me enkp a IM coumerpmeucuve manlaana eraeka4on ~
pbrpram,u
aoE o un to UelmMilgn of Inaemon county will hM near g and
1 andp0
1Min W111 haw an4Md Nero. ATOM. Y eIb prosperity IM1aI nature ~
PrinNd name, vprelun, Bocnl secunly number aM Pdon number of duly
'regisleled elecloe Ot Nawaii Gounly for pwposas of IM1ISaINPEACNNENT I
vETInoN:
~ PrbtW Hem. ~
Slprelar 1~
f Soc. Sec. No. Poore no._.
PINM rea9, pIIM aM ugn lame, hll m aocidl severity numdel and phone. Gnp
1 more ed arM awM lo'. Roper ChnaM. PO. Boa 632, Pahoa, NI 96]]0 For lurlhel
=
rr-a
=apwe= [-1885-]OpB-Man-b - _ - _ _ - 1 .
C
NO
Of
~ ~ ~
~`^_~`~o^~~~;~~y~ ~ Island voters
~a~~~~v~~ ~~~~3~~~ o support pot ~
3 m rto
j ~ ~ ~ vi ~ C ~ 3 ~ ~ A ~
13 6 ° d~> > yy~ ti ry 2
~ ~ ~ ~ ~ ~ ~ ~ a ~ for medical
~ ~ ~ ~ d pia N F S ~
~~~~^$yyyvy~ uses-poll
yTiN.~^. a.'C (~D CAry G. ~ ry ,~w
3 ~ O <
~ ~ ~ ~ ~ ~ m ~ ~ ° c a ~ ,o N By Hunter Bishop
B ? o ~ ~ ? vo ~ ~ ~ o ~ Tribune-Herald
~ o ~ ? ~ ~ ~ m m ~ ~ y Hawaii voters overwhelmingly
c ~ ° B ~ ^ ' - ~ ? o favor the use of marijuana for med-
" ' 'o' 3 r`o ' = ~ ° ~ F m ~e ~ ical purposes, according to a recent =
3 , ° ? » x y 'y'` ~ ° " ' - B ^ statewide Il. r
~ ~ ~ ~ ~ ~ c y o ~ c i¦~ Voters also strongly back the legal- Q
v 3 m ~ s c ~ ~ ~ 3. ~ N ization of hem a less tent form of y
~ 5' ~ ? r'c v ao~ T P' po
3 o.ao ~ a n4 o O _ v marijuana, to be grown for industri- `L
^ m o ~ ~ ~ rn ~ ~ o d d ~ al uses in Hawaii. ~
~ ~ ~ b c 3 ~ a Q'; m v ~ ~ Results of the public opinion poll ~
rn N' m 5~ ~ o: ~ m ~ ~ were handed out in a press release last m
week by Ohana Aloha, an organiza- ~
~ ~ 7r? o m ~ ~ a ~ ~ o tion of "religious and medical prat- y
v iv n; T ~ ~ ~ ~ m f n ~ ~ ~ titioners of cannabis," said Big Island ~
~ T ° ~ y ~ ~ ~ ~ ~ a E " ~ ; !rt spokesman Roger Christie, a longtime 0
~ " 3 ~ ^ ~ ~ v ° o ~ c advocate of man uana.
E ~ m ~ v ~ ~ o H a " s 2 o Jim Gonzalez, a former San Ftan- ~ ,
m - o D ~ ~ ~ ~ 4..0 ~ o m ~ Cisco su rvisor, commissioned the ~
~ ~ ? 7, ~'o ~ ~ E ~ ~ y ~ ~ d_ S ~ public opim'onpoll. Gonzalez helped g
a s cg „ ~ 2 ~ g ,m, ~ enact the nation's first medical mar- of
g ~ ~ 3: ~ ~ y ~ N o o. ~ ~ 'a ~ ijuana initiative in San Francisco in
u +i a ~ a -n ~ O y S d `e, P~' ~ 1991. ~~e~
3. ~ y ~ ~ ~ ' ; ~ ~ o ~ Sixty-three percent of respon-
o g o ~ ° ~ 3 ~ dents in Hawaii either said they j
~ ~ y w ~ c m m ? o strongly" support a "somewhat" sup- ~
` / port the use of marijuana for medi-
cinal purposes. Twenty-eight per-
~ aao o ~ y o iY
° y ° ~ ~ ~ s d w " ~ y . cent either ate somewhat opposed or
° rn o. y d ~ ~ ~ ~ Cj 3~-"~ strongly opposed to it. Ten percent
~ ~ ~ ,g ~ m ~ a~ G~ ~ were undecided.
? s ~ ° ~ ~ y, ~ < : ~ o ~ Sixty-two percent of Hawaii vot-
~ $ m c°e o " s c w' y ~ y d ~ ers also favor indusaial hemp, the poll
~ ~ a ~ e ~ ~ ,d ~ ~ ° a c: g H See POT,
i~ a-S,e ~ n °B m rn ° ~ Page 12
Aww 8 ° Nv'
* 4
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f
f
"A Place of Refuge"
For the free exercise of the Religious, Medical
and Industrial Practice of Cannabis Hemp
Aloha. Thank you for respecting the privacy and sanctity of our home and garden
for religious, medical and industrial freedom, as we respect yours. Our home and
garden is our `place of refuge' on this Earth, one of the highest values of civilization.
•(As an officer of the law, you have no compelling governmental interest in imposing
a substantial burden on our family by prohibiting our private practice of cannabis.)
Cannabis hemp sacrament and nutrition is mandated by our religion for healing,
communion, spiritual unity, and physical wellbeing. Ks cultivation, possession
and use at home is permitted and authorized (among other things) by:
The Holy Bible
Genesis 1:29...... God gives us every herb bearing seed to use for food.
Exodus 3:1,........ God appears in a flame of fire from a 'burning bush'.
Ezekiel 34:25, .God will grow for us a `plant of renown' to take away all our hungers...
Psalms 104:14,.... God causes herbs to grow for the service of man.
Revelation 22:2, ..The leaves of the 'tree of life' will heal all nations.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA, First, Fourth, Ninth and
Fourteenth Amendments (originally written on cannabis hemp paper).
U.S PENAL CODE 'JUSTIFICATION CLAUSE' Article III, Section 3.01-02,
'defense of necessity'. Ptus 21 U.S.C. 321 (p), pre-1938GRANDFATHERED MEDICINE.
THE RELIGIOUS LIBERTY PROTECTION ACT of 1999 and the RELIGIOUS FREEDOM
RESTORATION ACT of 1993.
PRESIDENT CLINTON'S EXECUTIVE ORDER 12919, Part IX, Sec. 901 (e) June
7994. For national emergency preparedness, strategic `food resource, hemp'.
' THE FULLY INFORMED JURY AMENDMENT, nullify bad law by simply voting
'acquittal' at trial. You get to vote your heart and conscience, in private, as a juror.
F.I.J.A., Call 1-800-TEL-JURY for a free `Jury Power Kit'.
'Ghana Aloha
P.O. Box 202 Hilo, Ha wai'i 96721 (808) 961-0488 pakaloha@gte.net
Religious, Medical and Industrial Practitioner of Cannabis Hemp
`Ghana Aloha, in the spirft of one for all and all for one (808) 961-0488 pakaloha @gte. ne t
I am ______Roger Christie______, a unique person and inhabitant of the land of Ha wai i. endowed with
personal autonomy and inherited rights and powers revealed by the Holy Bible and the Declaration of Independence,
and secured by the Constitutions of the United States of America. the State of Hawaii, the Kingdom of Ha wai'i and
the United Nabors Declaration of Human Rights.
My life, liberty, and pursuit of happiness includes the many beneficial uses of the God-given, nawral herb,
cannabis hemp, also known as marijuana. The personal and private use of cannabis is essential for my religion,
and an i ntegralfood and medicine for my mind and body. (1. Cannabis is a preventative treatment for cancer and
Ultra-violet B radiation from the sun. I claim a defense of necessity under the justification clause of US Penal Code
Art. III. Sec. 3.01-02, the 'choice of evils' defense. 2. Hemp seeds are nature's most perfect source of protein and
essential fatty acids. The cannabis plant is a health food and a preventative health remedy.)
The cultivation, possession and use of cannabis is necessary to insure my individuality, human dignity. and
precious connection to nature. Cannabis use is deeply rooted in the history of civilization, and particularly in the
founding and the development of the U.S. of A. and the State of Hawaii. for canvas, medicine, fooo and more.
I am free by nature! !claim the cherished right to be left alone, especially in the privacy of my mind and body. my
possessions, and my own home and garden. My home and garden are my SANCTUARY, a'place of refuge.
My Hermit for the use of cannabis hemp, or marijuana, is authorized (among other things) by:
1. The i-ioly Bible, Genesis 1:29. Exodus 3:2 and 30:1. Ezekiel 34:25-31. Rev. 22:2. I believe ~ to be, literally.
'The Holv Herb bearing seed'. `The Burning Bush', 'The Plant of Renown', and `The Tree of Life'
Psalms t04:1a , "H a causes the grass to grow for the cattle, and the herb for the service of man.'
2. The Rrst, Fourth, Ninth and Fourteenth Amendments to the U. S. Constitution (written on hemp paper)
3. The United Nations Declaration of Human Rights, Article 18. 'Religious Freedom' is availao!e io all faiths.
4. President Clinton's Executive Order 12919, Part IX, Sec. 901 (e) of June 1994. Food Resource: hemp'.
5. The NAFTA Trade Agreement. Article 708, Sec. (b), page 7-5, HS 53.02. 'Agricultural commodity: hemp'.
6. Cannabis is a bona fide, pre-1938 grandfathered medicine 21 U.S.C. 321 (p).
7. The Institute of Medicine (LO. M.) report verified in March of 1999 that cannabis has unique medical value.
8. The Religious Liberty Protection Act of 1999, and The Religious Freedom Restoration Act of 1993.
9. Hawaii Right to privacy for cannabis at home, and H.R.S. 712-1240. t . i am 'otherwise authorized by law.
Evidence exists to show that cannabis has been used safely for human comfort and enjoyment for approximately
12,000 years. It provides the raw material for over 25,000 beneficial products for daily living including food, clothing,
shelter, medicine, fuel and much more. Cannabis hemp has more practical uses than any other plant, and creates a
sustainable, earth-friendly supply of natural resources the time-honored, old-fashoined way, from the garden. I
consider it to be "the plant of renown" mentioned in the Bible to 'take away all my hunders._' In my experience
and opinion, cannabis hemp serves well the spiritual and material needs of my family . It is essential in our life.
Cannabis hemp sacrament is mandated by my religion for healing, communion, spiritual unity. and physical
wellbeing. I have faith in cannabis hemp. In the right set and setting and wdh the appropriate amount, the time-
honored smoking, drinking, and/or eating of cannabis integrates my mind, body and spirit, and helps me ascend the
ladder of higher consciousness to feelings of well-being, ecstasy, and joy from within. It can enhance intuition,
artistic ability and creativity. It helps me question established values and authority, and gives me a sense of inner
knowledge and feelings of tranquility. Its use aids in the development of my conscience and my feelings for others.
Cannabis hemp cultivation and use is essentia I for my physical and spiritual well-being. !truly enjoy the free
exercise of my religion because in my experience, 'TLC' + THC =harmony. For these reasons, and many more...
I am a religious, medical and industrial practitioner of cannabis hemp.
"AS an officer of the law you have no compelling governmental interest in imposing a substantial burden on
me by prohibiting my private use of cannabis. Please uphold the spirit and the letter of your sacred oath of office.
Thank you for respecting all of my human, civil and religious rights and powers, as I respect yours. Aloha.
For reference please read:
The Emperor Wears No Clothes by Jack Herer
'The Fully Informed Jury Association. Call 1-800-TELL-JURY for a free Jury Power Kit'
~I
ROGER CHRIS7IE
P. 0. Box 752
Hilo. Hawau 96721 f,
(808)961-0488
Objective ~ To help achieve world peace and prosperity through my service as a
I cannabis hemp advocate, writer, guest speaker and expert witness.
Hlghilght$ of °Co-founder of MPAC. Marijuana Political Action Committee, 1987-1991.
QUaIIfICatlOnS •Pioneered hemp as a beneficial commodity in Hawaii since 1987.
•Hemp products retailer/~,vholesaler @ Pakaloha since 1990.
•7reined as a Religious Science Practitioner/Minister.
•Co-founder Hawaii Hemp Council 1991•present.
Professional ! T'rte Hawaiian Hemp Company, Pahoa, Hawaii. 1991-1993 ,
Experience i Co-founder/Retailer
f 'The first retail hemp store in the 'Norld. Specializing in raw materials
as well as finished goods, clothing, food products and health aids.
'Created the Marijuana Museum and Gallery in association with the Hemp
Company. The flrsf of its kind in the United States, demonstrating the
ancient and modern uses otcannabis hemp for food, clothing, shelter,
fuel, medicine and more.
Speaking ~ Presentations were made to the following organizations:
Engagements •Hemp Symposium, University of Hawaii, Hilo, 1991,1993,1996.
•Rotary Club, Kona and 'Naimza, HI, 1992, 1993.
•Society of Professional Engineers, Maui, HI, 1994.
•Honolulu Press Club, Honolulu, HI, 1990.
•Hawaii State Legislature, Honolulu, HI, 1989-1996.
•Har;aii County Council, Hilo. H1, 1987-1996.
1 •Hawaii Police Commission, Hilo, HI, 1987-1992.
•Avalon Restaurant Hemp Seed Banquet, Lahaina, Maui, HI, 1995.
•Longhi's Gourmet Hemp Seed Banquet, Lahaina, Maui, HI, 1995.
•The Ohana luncheon, Maui, HI. 1992, 1993.
•Hempfest Hawaii, Wonotulu, HI, 1995, 1996.
Publications Co-author of : The Gourmet Hemoseed Cookbook withPOppyMorganandYazmina,1995
Acknowledged in: Homo Lifeline to the Future Br/ChrisConrad, 1993
Industrial Hemp hyJWmRoulac®Hemptech,1995
Hiph Times. ArtlclebyBlllWeinberg,October,1996.
Affiliations i NORML National Organization for the Reform of Marijuana Laws, Washington D.C.
EACH Business Alliance for Commerce in Hemp, Los Angeles, CA
I~ DPF Drug Policy Foundation, Washington D.C.
Education Associate of Science Miami-Dade Jr.Caiege,Mlaml, 1969
Licensed Commercial Pilot Bumsfde-OttAvlatbnTmfNngCenter,Mleml, 1969
Intelligence Analyst U.S. Amry Irrtelllgence AnarystSchool, FL Fblabkd, MD 1971
Summary It is my privilege to be a cannabis hemp advocate, researcher, educator, consultant
and counselor. My intention is to provide current, balanced reporting of cannabis
hemp issues, and to dispel myths and fears around use of the plant. I know that
commercial use of hemp will provide common sense solutions to problems facing us
in the areas of medicine, food, shelter, land utilization, health, fuels and more.
Our glory days begin now
i ~ i
STATE OF HAWAII CASE NUMBER
CIRCUIT COURT OFTHE SUMMONS
THIRD CIRCUIT TO ANSWER CIVIL COMPLAINT
PLAINTIFF vs. DEFENDANT
l kl ~T1~ C°.c~ Lf 1'1~ -~I l~ 17 -
~2~ i7"~1~~125'~G-~-~~J1 ~~J1~A~)~
C~L~I~i~.1L~-l~?I~Ih>~ClJz~r~ ~G.l~.l
C~t~1V~1L14~3A~1 ~~tJ C~.ll(f~~6
pl AwncFC ATTpgNFV jNAME AOOREC$, TEL NO.)
~ ~ ~
~X 2~Z ~~~,ud~l)l~~axc ~n~i~i IL
~111~ t~?'1'I 4,121 uNP~l~r~ 1~Er~in~~b ~irCt~u
To THE nF~ivDArrr~s>: -I+~II^1N~ ~ C~~,~~ ~Z~q~~~> ~ ,
You are hereb summoned and re aired to serve u ~r~~J
Y Q pon plaintiff's attorney, whose address is stated above, an answer to the
complaint which is attached. This action must be taken within twenty days after service of this summons upon you, exclusive of
the day of service.
If you fail to make your answer within the twenty day time limit, judgment by default will be taken against you for the relief
demanded in the complaint.
This summons shall not be personally delivered between 10:00 p.m. and 6:00 a.m. on premises
not open to the public, unless a Judge of the District or Circuit Courts permits, in writing on
the summons, personal delivery during those hours.
Failure to obey the summons may result in an entry of default and default judgment against
the person summoned.
DATE ISSUED CLERK
~6EP2~~~9
I do hereby CBrOfy that thla Is a }all, true, and correct copy CIRCUIT COURT CLERK
o} the orlglnal on file In this oHlce.
~r_c_, es SUMMONS TO ANSWER CIVIL COMPLAINT