Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The Police Commission on Friday shelved a misconduct complaint against outgoing Chief Lawrence Mahuna over his words about the county's new marijuana law.
Marijuana proponent Roger Christie had claimed that Mahuna's statements to the Hawaii Tribune-Herald after voters passed the Peaceful Sky initiative -- which makes marijuana possession for personal use the county's lowest law enforcement priority -- violate the police department's own rules, which state "Officers and employees of the department shall observe and obey all Federal and State laws, Ordinances of the County of Hawaii, and all orders, policies, directives, regulations, etc. of the department."
Mahuna told the Tribune-Herald that Peaceful Sky is "not a law. It's a resolution." He also said there "will be no change in how we prioritize the enforcement of marijuana."
Christie's complaint asked that Mahuna, who is retiring Dec. 31, "obey the new ordinance of Hawaii County and to make it clear to his Department that the new law is the will of the people and the law of the land."
Christie also alleged that Mahuna violated a rule stating: "Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute."
Christie said Mahuna violated that directive with comments to the press that included, "If you're pro-drug or pro-marijuana, you're automatically pro-terrorist." Mahuna also stated that he believes those with medical marijuana permits are abusing their rights to use the drug, and "I don't think any god wants anybody to be stoned." Christie is the founder of the THC Ministry and said he believes the phrase "God most high" ( Genesis 14:18-19 ) is not a coincidence.
After private deliberations, the commission moved to defer Christie's complaint pending an opinion by state Attorney General Mark Bennett on the "lowest law enforcement priority" initiative, an opinion sought by county Prosecutor Jay Kimura. He told the Tribune-Herald on Nov. 29 the law "appears to violate the separation of powers requirement under the ( County ) Charter and as far as the state marijuana laws, there is a pre-emption issue."
According to county Corporation Counsel Lincoln Ashida, the commission has a rule requiring citizens file complaints against officers within 60 days of the alleged misconduct. The commission's deferral waives that rule to allow Christie to renew his complaint should Bennett rule that Peaceful Sky is, in fact, enforceable.
Christie said that he was treated respectfully by the commission, but was "undersatisfied" with their decision to defer.
"I think they passed the buck somewhat," he said. "It's like we're moving down the field to score and they move the goal posts on us. And they held ( deliberations on the complaint ) in a closed session. Not the best thing for a democracy to have decisions made behind closed doors.
"I do have respect for Lincoln and for everybody on the commission, but it just feels a little funky. But I'm willing to see how this plays out before I give it my final judgment, because I want to be fair to the commission."
Also unsatisfied with the commission's deferral was Adam Lehmann, Peaceful Sky chairman, who said he thinks that it's "embarrassing that both Lincoln Ashida and Jay Kimura, as lawyers, have so much time to study this new ordinance and they're still not able to speak about this new ordinance accurately without any reference to the law."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald (Hilo, HI)
Copyright: 2008 Hawaii Tribune Herald
Contact: letters@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Front
Author: John Burnett
Marijuana proponent Roger Christie had claimed that Mahuna's statements to the Hawaii Tribune-Herald after voters passed the Peaceful Sky initiative -- which makes marijuana possession for personal use the county's lowest law enforcement priority -- violate the police department's own rules, which state "Officers and employees of the department shall observe and obey all Federal and State laws, Ordinances of the County of Hawaii, and all orders, policies, directives, regulations, etc. of the department."
Mahuna told the Tribune-Herald that Peaceful Sky is "not a law. It's a resolution." He also said there "will be no change in how we prioritize the enforcement of marijuana."
Christie's complaint asked that Mahuna, who is retiring Dec. 31, "obey the new ordinance of Hawaii County and to make it clear to his Department that the new law is the will of the people and the law of the land."
Christie also alleged that Mahuna violated a rule stating: "Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute."
Christie said Mahuna violated that directive with comments to the press that included, "If you're pro-drug or pro-marijuana, you're automatically pro-terrorist." Mahuna also stated that he believes those with medical marijuana permits are abusing their rights to use the drug, and "I don't think any god wants anybody to be stoned." Christie is the founder of the THC Ministry and said he believes the phrase "God most high" ( Genesis 14:18-19 ) is not a coincidence.
After private deliberations, the commission moved to defer Christie's complaint pending an opinion by state Attorney General Mark Bennett on the "lowest law enforcement priority" initiative, an opinion sought by county Prosecutor Jay Kimura. He told the Tribune-Herald on Nov. 29 the law "appears to violate the separation of powers requirement under the ( County ) Charter and as far as the state marijuana laws, there is a pre-emption issue."
According to county Corporation Counsel Lincoln Ashida, the commission has a rule requiring citizens file complaints against officers within 60 days of the alleged misconduct. The commission's deferral waives that rule to allow Christie to renew his complaint should Bennett rule that Peaceful Sky is, in fact, enforceable.
Christie said that he was treated respectfully by the commission, but was "undersatisfied" with their decision to defer.
"I think they passed the buck somewhat," he said. "It's like we're moving down the field to score and they move the goal posts on us. And they held ( deliberations on the complaint ) in a closed session. Not the best thing for a democracy to have decisions made behind closed doors.
"I do have respect for Lincoln and for everybody on the commission, but it just feels a little funky. But I'm willing to see how this plays out before I give it my final judgment, because I want to be fair to the commission."
Also unsatisfied with the commission's deferral was Adam Lehmann, Peaceful Sky chairman, who said he thinks that it's "embarrassing that both Lincoln Ashida and Jay Kimura, as lawyers, have so much time to study this new ordinance and they're still not able to speak about this new ordinance accurately without any reference to the law."
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Hawaii Tribune Herald (Hilo, HI)
Copyright: 2008 Hawaii Tribune Herald
Contact: letters@hawaiitribune-herald.com
Website: Hawaii Tribune-Herald :: Hilo, Hawaii > Front
Author: John Burnett
