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Aloha Mr. Cox,
Please be advised that there is matter of
serious concern that has developed since May 13, 2008. Due to
Incompetence and Deliberate Indifference, The State of Hawaii,
Department of Land and Natural Resources, under the Direction of Chair
Person Laura THEILEN, DOCARE State Enforcement Chief Gary MONIZ, State
Deputy Enforcement Chief David GAUD and Oahu Branch Manager Guy CHANG
have continued to mis-manage the Conservation Enforcement of the State
of Hawaii's Lands and Natural Resources.
Due to the
incompetence and unqualified appointment and deliberate indifference
perpetrated by the aforementioned administrators, the DLNR
Administration failed to accept their responsibilities to provide
assistance to the US Environmental Protective Agency. The incident
culminating with the EPA Raid on the Hakimo Road property was planned
several months in advance. The US Federal Agency, EPA coordinated this
operation with several Law Enforcement Agencies and in fact, brought in
several agents from Guam and the US Mainland to participate.
At
least a month prior to May 13, 2008, the EPA requested the State of
Hawaii's assistance for a mission that was under DOCARE's
responsibility, as it involved Hawaii's Land's and Natural Resources.
State Law Enforcement Chief Gary MONIZ and Oahu Branch Manager Guy
CHANG were contacted on several occasions with the request for DOCARE's
involvement and participation.
Due to DOCARE
Administrator's incompetence and irresponsibilty of their Sworn Oath of
Office and Code of Conduct required of Law Enforcement Officers, they
were preoccupied with the Fiasco of the Iolani Palace debacle that
began in April 2008. In summary, the incompetence and deliberate
indifference to Professional Law Enforcement duties and
responsibilities was clearly demonstrated and conducted when Chief Gary
MONIZ and Oahu Branch Manager Guy CHANG failed to take responsibility
and control of the Criminal violations that occurred when the Hawaiian
Nation Sovereigns locked the gates to the Iolani Palace and took
control of the Palace Grounds for several hours.
The
incompetence committed by DOCARE's administration was further
demonstrated when, newly appointed Chairperson Laura THEILEN, who has
no experience and training in Law Enforcement matters took control of
the operation and proceeded to mismanage the operation for several
months. This action contributed to DOCARE's personnel to spend
countless hours, days, weeks and months, wasted at the Iolani Palace.
During this time period, the Island of Oahu, requests and needs for law
enforcement of the Conservation Resources complaints went ignored and
neglected.
The incompetence and deliberate indifference of
DOCARE's administrators contributed to the volatile situation when the
Honolulu Police Department took public and Administrative (Governor
LINGLE, AG Mark BENNETT and US Attorney Ed KUBO) criticism for a
Sergeants reaction to an incident that occurred when out of
frustration, he voiced that the Iolani Palace was not HPD's
jurisdiction and that the State of Hawaii needed to step up to the
plate to perform their duties as Sworn Law Enforcement Officers.
The aforementioned conduct culminated with the travesty of justice and misconduct that I am directing your attention to.
Three DLNR-DOCARE Officers participated in the Hakimo Road Operation that occurred on May 13, 2008. I am one who was involved.
Just
to give you a little history of myself. I am Aquilino R. "Aku" IDAO. I
started my career with DOCARE in September 2006. My previous experience
was six years at the Honolulu Prosecuting Attorney's Office. Three
years as a Criminal Investigator, SR-24 and the last three years a
Supervisory Investigator, SR-26 (1999-2006). I served 3 months as a
Honolulu Police Commission Investigator, SR-24 in 2005. I served for
almost a year at the State Attorney Generals Office as an Investigator
V, SR-24 (1999). Prior to that I was with the State of Hawaii as a
Special Investigator SR-22, Department of Human Services, Welfare Fraud
Unit on Oahu and the Big Island (1996-1999). I was assigned to the
Hawaii Island Prosecuting Attorneys Office as an Investigator V, S-24
for almost 6 years from 1989 to 1995. I was with the Hawaii County
Police Department as a Police Officer from 1984 to 1989. I was a Police
Recruit with the Honolulu Police Department in 1984 before transferring
to Hawaii County. I began my career in Law Enforcement in 1982 as
Reserve Deputy Sheriff. I was employed as a Private Investigator for 2
years in 1982 to 1984, where I spent almost 1 year on an undercover
internal theft and pilferage assignment at a Kona hotel where I
participated in a drug investigation with the Hawaii County Police
Department. During my over 26 years of law enforcement prior to May 13,
2008. I conducted over 2000 arrests and Criminal and Administrative
Investigations. I have certifications in numerous Law Enforcement
Techniques and was a member of several County, State, Federal Tasks
Forces. I have participated and contributed to several Internal
Investigations and adjudications involving Government employees.
Getting
back to the subject of DLNR-DOCARE's Miscarriage and Travesty to
Justice and incompetence. Prior to the May 13, 2008 EPA raid. At least
three months prior, I was advised of the planned raid during the
planning stages by the Federal Government. This was because of my prior
law enforcement experience, contacts, and knowledge of the area and of
the SUSPECTS involved the investigation. One week before the planned
raid, in following proper law enforcement protocol, I first approached
my Field Supervisor, Wesley MUNDY who directed me to approached then
Acting Branch Manager Guy CHANG to confirm his notification of the
EPA's request for assistance.
I was very disappointed because
DOCARE ignored this request from the Federal Government as I made it
known to Branch Manager CHANG that this request for assistance was
according to DOCARE's Oath of Office and Code of Conduct. Branch
Manager CHANG deflected all responsibility to State Chief Gary MONIZ. I
questioned Branch Manager CHANG as to why this was a State
Administration decision and does the State Chief micro manage the outer
Island's Branch Activities when they respond to Law Enforcement Matters
in their respective Branches.
In all my discussions with
Branch Manager Chang, I made it clear to him that I wanted to be
informed in either verbal or written orders: Will DOCARE give a yes or
no commitment response to the Federal Government's request for
Assistance in a Law Enforcement requests for assistance. Oahu Branch
Manager Guy CHANG refused to make any commitment to participate or not
to participate and as he has historically proven in his conduct, CHANG
deferred all responsibility to State Chief Gary MONIZ.
On May 12, 2008, I was on duty at the Iolani Palace. Branch Manager CHANG called a debriefing meeting of all DOCARE personnel
to
inform all officers that he was informed by that the State of Hawaii
Sheriff's Office would not be available to respond to any request for
assistance at the Iolani Palace on May 13, 2008 due to a prior
commitment. In short, Branch Manager CHANG advised all DOCARE personnel
that May 13, 2008 was a stand down day at the Iolani Palace and that
all personnel that had scheduled day off, could take the day off as
scheduled.
I approached Branch Manager CHANG and I informed him
that the Sheriff's were not available to respond to the Iolani Palace
because they committed their RAF forces (60 Deputy Sheriffs) to
participate in the Federal Government's request for assistance. I went
into serious discussion with Branch Manager CHANG about his failure to
make a command decision in responding with a yes or no commitment to
the Federal Government's request for assistance. Branch Manager CHANG
again deferred all responsibility to State Chief Gary MONIZ.
I
informed Branch Manager CHANG that is is very obvious that he and Gary
MONIZ will not participate in the requests for On Duty Response to the
EPA Raid. I then informed Branch Manager CHANG that since he already
announced that the Iolani Palace assignment would be on Stand Down
basis on May 13, 2008 and that I was on my scheduled day off. I would
be free to participate in the EPA request for assistance on a
voluntary, without pay basis.
I made it very clear to Branch
Manager CHANG on (4) four separate inquiries that I was asking him,
according to official policy and standards and code of conduct as a
Sworn Law Enforcement Officer for the State of Hawaii, Department of
Land and Natural Conservation Resources Enforcement Agency, even if it
was my day off, I wanted him to order me Not to Participate or that I
could Participate in the requests for Assistance by the Federal
Government Agency.
Branch Manager CHANG refused to give me a
direct order as he stated by responding several times: "I cannot tell
you what to do on your day off, If I was you, I would not go but if you
do go, do not go in your uniform or do not use your State issued
vehicle because Gary MONIZ did not give his permission for us to
participate".
I went into discussion with Manager CHANG that I
was not him and according to my training and experience, the State of
Hawaii was obligated to respond to a official request for assistance by
another law enforcement agency to participate in a law enforcement
operation, especially when it involves our agency's responsibility of
Conservation of the State of Hawaii's Lands and Natural Resources. I
informed Branch MANAGER CHANG that he was responsible to "ORDER ME TO
NOT PARTICIPATE OR THAT I COULD PARTICIPATE. CHANG refused to make an
executive decision to order me NOT To OR THAT I COULD PARTICIPATE.
CHANG
ended our conversation by stating: "I cannot tell what to do on your
days off, but if I was you, I would not go, but I know you Aku, you
live for this shit, I know you going to go. If you go, do not go in
uniform and do not take your State truck".
I responded: "Guy,
you are right, If you do not order me not to go, I will go. I will
volunteer my time, free of charge, not in uniform or with the use of my
State truck. Unless you order me not to go, I will go".
In
short, I participated in what was to be a very successful mission. Also
responding to the scene was on Duty-duty Field Supervisory Conservation
Officer IV, Wesley MUNDY and On Duty Conservation Officer III, Matthew
TINAY.
The outcome was: The US Federal Government Agency,
Environmental Protection Agency sent a letter of appreciation to DLNR
Chair Person Laura THEILEN.
Oahu Branch MANAGER CHANG was
confronted by State Chief of Enforcement Gary MONIZ as to why Myself,
Officers MUNDY and TINAY participated in this mission. Branch MANAGER
CHANG gave false statements that he directly ordered all three of us
not to participate in this operation.
CHANG and MONIZ launched
an official investigation based on false statements made by CHANG. The
internal investigation was conducted illegally and in violation of
numerous Policies and Standards of the Bargining Unit's Union Contract
and against National and State of Hawaii Labor Relations Laws
and Standards of Internal Investigations involving Law Enforcement
Officers. We were never served in writing what we were accused of
violating. None of our Demands for Rights were met. Our WEINGARTEN
RIGHTS, GARRITY RIGHTS and LYBARGER RIGHTS were violated and more
importantly, DUE PROCESS and JUST CAUSE were violated.
There
was DISPARITY in treatment when I was releived of my Patrol Duties and
Functions, relegated to Dispatch Duties for 5 months. I was subjected
to humiliation and frustration by the incompetence, unproffesional and
deliberate indifference to conduct and perform Competent Law
Enforcement Activity by DOCARE that I saw the writing on the wall that
I would be disciplined severly and even terminated from my employment
after 27 years of dedicated service as a law enforcement officer. I was
affected proffessionally and personally to the point that the pressure
contributed to the break-up of my family as I seperated from my wife of
almost 30 years and I suffered financial losses to the point that I was
frustrated and pressured into resigning and transferring to another
State Agency.
Supervisory Wesley MUNDY received a 16 day
suspension without pay as disciplinary action based on false charges
and an incompetent investigation.
Supervisor Wesley MUNDY was
one of the two finalist for promotion to Oahu Branch Manager and he was
unofficially apprised by Chairperson THEILEN that he was not
selected because of his allowing me and his involvement to participate
in the Hakimo Road Operation. Is it ironic that Guy CHANG became the
permanent Oahu Branch Manager when out of 10 candidates, he is the most
inexperienced and lacks any certification as a Academy Trained Law
Enforcement Officer with only several months of supposed supervisory
experience. CHANG's law enforcement statistics and history as a DOCARE
officer for the past 10 years have been very minimal. CHANG does not
have any criminal and investigative background that would qualify him
to be the Law Enforcement Branch Manager as he clearly demonstrated by
his inability to make executive and command decisions to law
enforcement duties and responsibilites.
Officer TINAY received
a 5 day suspesion without pay as disciplinary action based on false
charges and an incompetent investigation.
We are in the Greivance process with the Union and have retained Legal Counsel with Dafnee BARBEE, ESQ.
There
are several other Officers who are or have suffered injustice and
disparity treatment from the incompetence and deliberate indifference
to Proffesional Law Enforcement Duties and Responsibilities conducted
by DLNR-DOCARE'S disfucntional Administrators. (Officers: TANIGUCHI,
CURRY, KANE, HAINA, LESPERANCE and SILBERSTEIN are also victims as they
are all linked to be known as MUNDY's boys, save CURRY as she is
female).
Please feel free to contact me for further discussion
as I feel that the State of Hawaii needs to be informed of the
injustice and incompetence that has been and continues to be committed.
Respectfully,
Aquilino R. Idao
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