Saturday, August 22, 2009

Officer Haina Reinstated Despite Complaints of Civil Rights Violations

Auwe! I heard from someone within DOCARE that Officer Henry Haina was never on "administrative leave" to begin with. When it comes to allegations relating to civil rights violations within their own department, DLNR should not have been allowed to do an internal investigation . . . each case should have been looked over by an outside party that would not have been biased. The fact is several complaints were filed way before this issue ever went out through the press. DLNR, the Attorney General, and Linda Lingle were all aware of the situation for some time. It was only when the harassment claims were made public that any so-called action was taken.

I have talked to several others who have had similar encounters with this officer, who chose not to make a public statement against him . . . including fishermen at Ka'ena who he had drawn his gun on for having "camping paraphernalia" after sunset. DOCARE needs to work on developing regulations for their officers to follow - it seems that at least this one did not know when it is appropriate to draw a firearm.

Below is the Article from the Honolulu Advertiser dated August 22, 2009

DLNR officer returned to dutiesBy Eloise AguiarAdvertiser Staff Writer
The state has reinstated a Department of Land and Natural Resources enforcement officer after internal investigations did not substantiate complaints that he harassed people at Ka'ena State Park, the department announced yesterday.
The officer, a four-year employee of DLNR, had been placed on administrative leave after the department received nine written complaints about him last year.
The officer will return to his field patrol duties, DLNR said.
At a Pig Hunters Association meeting in November, dozens of hunters and fishermen said he was overbearing and harassed people. Some accused the officer of drawing his weapon on children, ordering people to take off their clothes and threatening people.
DLNR Director Laura H. Thielen yesterday said independent investigations by DLNR and the state attorney general's office found insufficient evidence of criminal acts and that complaints were unsubstantiated or contradicted by others.
"It appears that several complaints were registered by individuals who were caught violating the law and that many of the complaints were based upon their disagreement with the laws protecting Hawai'i's resources," Thielen said in a news release.
The two people who said they were ordered to take off their clothes withdrew their complaint after being informed the department had audio records of the incident, Thielen said.
In another case, the officer drew his gun in the "low ready" position in the presence of children who were with seven unleashed hunting dogs, Thielen said. Once the dogs were secured, the officer holstered his weapon, witnesses told DLNR.
"The decision by the attorney general provides for the general public confidence that there was an outside impartial body doing an investigation and they come to the same conclusion," Thielen said.
Oliver Lunasco, with the Pig Hunters Association, said he is suspicious of the investigations. At least 30 people lodged complaints with Lunasco delivering some of them personally to the DLNR, he said.
"There were too many complaints against him to find everything was not valid," Lunasco said.
As for those complainers who broke the law, Lunasco said they were complaining about the way they were treated, not about being cited.
"It's like a traffic cop stops you, yanks you from the car and all the time he has his gun drawn and he cites you for speeding," he said. "It's not just."
Thielen said that before the officer was assigned the the area, residents complained that hunters were intruding on private property by taking game, damaging fences and locks, and setting traps.
Thielen said the department has learned from the case and will reach out more to the community. "I think the lesson learned is we need to focus on helping people understand why following the rules are in their best interests," Thielen said.

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