CQPY @ht grunts STATE CAPITOL HONOLULU, HAWAII 96813 February 12,2019 Mr. Noland P. Espinda Director Department of Public Safety State of Hawai?i 919 Ala Moana Boulevard Honolulu, HI 96814 Dear Mr. Espinda I have heard from staff from your department as have my colleagues and have grave concerns about your management of the sheriff division Serious allegations have been made that lead to concerns about your management of the law enforcement division and speci?cally the sheriffs an important unit of state government on which we rely for the public safety. Below are the major concerns and requests for further information, which I would like to receive prior to any hearing we schedule on your appointment: (1) Updating policies and procedures. There is concern from your sheriff ranks because of the lack of direction by your Law Enforcement Deputy Director. While she may be a quali?ed attorney (please send her resume), reports I received about her lack of law enforcement training that may be hindering her ability to effectively lead the division; speci?cally, her inaction on the policies and procedures that are required for commanders and their staff to do their jobs effectively. Below are the serious concerns on whether I. can support your leadership in overseeing and managing the sheriff division, speci?cally, Deputy Director Sonobe Hong?s management of the sheriffs based on the following complaints I received. Please send me detailed responses on why these matters were not handled to date; and, if not, what-actions are in process to address: a. Shortcomings were identi?ed in the sheriff division when you were appointed and, more speci?cally, the directive placed in law in 201 1 (HRS 35309) that required the sheriff division pursue and obtain accreditation from the Commission on Accreditation for Law Enforcement Agencies CALEA required policy management and implementation, establishment of exploratory groups, research development etc. to become accredited. What has been done during the past 4 years of your term to meet the CALEA standards for the sheriff division? What is the status of your accreditation? What has yet to be done to become accredited? Please specify each requirement from CALEA accreditation and what has been done (or not) to date. Mr. Noland P. Espinda February 12, 2019 Page Two b. One of the national standards is to have clear guidance for effective law enforcement through policies and procedures regularly updated. I also understand that your own administrative policy requires review of policies. Have you directed your deputy directors to follow this administrative policy (ADM 01.02)? During your term how many policies have been updated in your divisions corrections, law enforcement/sheriffs, and narcotics, i.e. signed and implemented? Please list all policies and procedures for each division that have been signed and implemented and date. It was brought to my attention that more than 50% of the operating policies and procedures in the law enforcement and sheriff division were drafted and implemented by signature in the 19903; and prior to your appointment. theprevious administration worked with the commanders to update those essential to their work and presented them to your administration. Below are the draft policies that were submitted to Deputy Director Sonobe I-long for review and adoption that would update the policies and procedures and. in the case of the evictions guidance of April 2013, it would meet the gaps and concerns in that guidance. Of these only one has been signed (Special Duty). The draft policies below were developed in 201'4~2015 and should have been discussed and adopted by now. i am concerned as I review the policy areas because they do place your deputies and the public in danger if there are no updated uniform procedures. e. g. dealing with active shooters, bomb threats. prison escape, use of force, weapons and equipment, etc. Below are the draft policies and procedures that were submitted and the date of submittal.- Please provide a reason for not implementing the ?owing; and. if in process. what stage of review and expected date that they will be signed: Hilo Courthouse: Non-Custody Bookings (ID Processing) 2014 Discharge of Sureties 2015 Active Shooter 30'15 Bomb Threat Action Plan 20-15 Fire Evacuation 2014 Prisoner Escape 2014 Natural Disasters 2014 Warrants Kona District Court: Active Shooter 2014 Bomb Threats 2014. Fire Evacuation 2014 Natural Disasters 2014 Prisoner Escape 2014 Mr. Noland P. Espinda February 12, 2019 Page Three Kona Drug Court: Bomb Threat 2014 Active Shooter 2014 Fire Evacuation 2014 Natural Disaster 2014 Prisoner Escape 2014 Kona Family Court: Bomb Threat 21014 Active Shooter 2014 Natural Disaster 2014 Fire Evacuation 2014 Prisoner Escape 2014 South Kohala (Waimea) Court: Bomb Treat 2014 Active Shooter 2014 Natural Disaster 2014 Fire Evacuation 2014 Prisoner Escape 2014 Hawaii Island: 3"d Circuit Court Transports 2015 Quarantines 201 1 Eviction Operations 2017 Airport Sheriff: Standard Operating Procedures including Bicycle Detail 2016 PSD LE Division: LE Use of Force? July 2013 LE Weapons and Equipment Standards 111} 2013 LE Special Duty? Jan. 2014 (signed 4/20/2018) LE Retired ID LEOSA Jan 2014 (In consult as of2018) Sheriff Division Policy: SD Special Duty Jan 2014 signed SD Special Operations Jan 2015 SD Eviction Operations Jun 2016 SD Active Shooter Response_?? Jun 2016 Mr. Noland P. Espinda February 12, 2019 Page Four Sheriff Special Operations: SOS Mission Statement Jan 2015 SOS Selection and Standards Jan 2015 SOS Term Limitations Jan 2015 SOS Document Recordation Jan 2015 SOS Road Service Equipment - Jan 2015 SOS Warrant Service Jan 2015 SOS Orr-View Arrest Procedures Jan 2015 SOS Service of No Contact Orders - Jan 2015 SOS Eviction Operations Jan 2015 SOS REACT Team Activation Jan 2015 SOS Barricade Operations Jan 2015 SOS Hostage Resolution Jan 2015 SOS High Risk Warrant Operations Jan 2015 (2) Lack of communication. transparent and fair procedure for employees when they have issues and concerns. DPS policy (LAW 01.05) discusses weekly staff meetings within the sheriff and other law enforcement sections. with the agenda to include at a minimum ?new or revised department policy that has been promulgated. as well as problems encountered and plans for solving them.? Minutes of these meetings are to be forwarded to the deputy director to brief the director. a. Please identify how many meetings have been taken place over the past four years and provide the minutes of the most recent meetings. b. Is there a line of communication between your middle managers (commanders) and you as well as your management team? c. I understand that sheriff division commanders have had no contact with you during your term nor your deputy ?director had any meetings with the commanders. Why not? (1. When serious allegations of possible misconduct are brought to your attention, what is your procedure for investigation? Please provide how you addressed the serious allegations about your training director?s fabricated work history and of reports of workplace violence. It was reported in these cases, you directed your Internal Affairs Office not to investigate. Why not? (3) Failure to support sheriffs. Deputy sheriffs should be trained and equipped with nationally acceptable standard tools and equipment necessary to do their jobs effectively. I understand that there were situations in which deputy sheriffs were not properly equipped to do their jobs, only one ri?e for use at the State Capitol (when approximately 100 were purchased and are stored in the armory); bike patrol at the airport stopped although deputies were trained and equipment purchased. and sheriffs have no access to TASERS and less lethal devices. Mr. Noland P. Espinda February 12, 2019 Page Five a. How many patrol ri?es are currently ?elded on each island? b. What is your plan to issue patrol ri?es, TASERS, and less lethal devices to the deputies on each island? 0. What is the proposed timeline to implement the policies and procedures, the training and the tools to the sheriffs? Please provide response and documents as requested as soon as possible. If you have questions or need further information, please feel free to call me at 5866970. Sincerely, mew CLARENCE K. Chair, Senate Committee on Public Safety, Intergovernmental, and Military Affairs