NOW YOU DON'T SEE IT, NOW YOU STILL DON'T SEE IT: We realize that criticizing the council today may be one of those "no good deeds goes unpunished" type of things. After all, it only took a decade and half to get the paperwork for council agenda items posted on-line after the promise had been made to get it done "tout suite."
So today we have an excuse for our usual "but we digress" style.
Legendary local Kaua`i newspaper Editor Jean Holmes tells the story of how, when the paper's founder Charlie Fern hired her from the Howard County Times in Maryland, he assigned her to cover the Kaua`i County Council.
"When I walked in they practically had to put their pants on" she used to say of the colorful, equally legendary (albeit for different reasons) cast of council characters who had never seen a woman in the council chambers, much less a "lady reporter."
When we first attended a meeting in the pre-television days, not much had changed except that a different cast of characters were perturbed, this time at a haole hippie being in their midst.
Proceedings came to a screeching halt but after a bit of "who the heck are you and what are you here for?" then-County Clerk "Bunji" Shimomura (are we even close to the correct name and or spelling of either?) informed them, much to their astonishment, that indeed they had to allow members of the public- even this apparent wild man- to observe them in action.
But TV changed things. Dragged kicking and screaming into the 1990's, public access TV put council proceedings under the public microscope, albeit in fits and starts with officials finding ways to delay and indeed at times suspend cablecasts until almost 2000.
Around the same time, something called the "internet" was burgeoning and it took a mammoth effort to just get the weekly agendas posted at "kauai.com"- the domain purchased by then-Mayor Maryanne Kusaka, despite the fact that governments already had "dot gov" domains reserved exclusively for them.
By then, as a regular, we had gotten used to the cat and mouse game that interested members of the public, like the notorious "nitpickers"- and even reporters- were required to play, especially when it came to obtaining the aforementioned paperwork. The most annoying flaming hoop was the one called "how can you ask for it by name if you don't know it exists?". The OIP wasn't exactly accessible those days- even with a long distance call there was no "attorney of the day"- so we got pretty much got only what they wanted us to get.
But then suddenly, with the ascension of Ron Kouchi to Council Chair and Republican Kusaka in the mayor’s seat, revealing administration scandals- from, gem-gate to red-Chrysler-gate- became Kouchi's favorite game and the paperwork- especially the juicy stuff- began flowing on a more regular basis.
But there was a catch- although by the early 2000's the council's agendas began to be posted on-line the associated paperwork was available only at Council Services desk. Of course the game in those days was that agendas for the then-Thursday meetings came out as or after the doors to Council Services were locked for the weekend- with the required six days notice for meetings conveniently reduced to three beginning Monday at 9 a.m.
Than meant the already small window got smaller still and required a trip to Lihu`e to boot.
So, with the turn of the century began our quixotic century quest to get that paperwork posted on-line. But so too started the paternalistic reign of Chair Kaipo "it's not public information until I say it's public information... and the OIP can 'bite me'" Asing.
You get the idea. For ten years councilmembers promised posting of documents would begin post haste. Eventually though, not only Asing but even those self-same councilmembers- now having seen who was politically buttering their Portuguese Sweet Bread- were suddenly silent on the issue.
Without those documents by the way, the community would probably never know about the slew of sexual harassment cases which we only found out about because the suit was included- perhaps accidentally- in the "packet." Previous to that we had to be handed papers cloak and dagger style by anonymous sources- one time literally under a toilet stall.
Of course the main problem now is that although the paperwork is available- not at the council's page of the county web site but through "Granicus," a huge mainland company that is contracted to produce and "webcast" the meetings- it is not available in a "text" format but as a "scanned" file.
That means that someone trying to use any of the paperwork to testify- or for any reason like informing others- cannot simply "lift" the text from the file but must re-type it.
It is also probably a violation of the Americans With Disabilities Act (ADA) because the "voice recognition" software used by the visually-challenged will not work with a "picture" of the piece of paper- which is what is essentially what is being used by the county, which apparently supplies Granicus with the files.
Of course some of the paperwork either wasn't created in text or doesn't lend itself to text such as maps or graphs or the like. But there is what is called "Optical Recognition" software which is widely used these days to convert a scanned picture of the words into a "text file." Although errors may be contained in the conversion, going back and comparing it with the original is certainly preferable having to "key in" a 5,000 word document or even a 100-word quote.
Of course we complain because we do this all the time- take documents and post them in text. We have a friend (yes- we do have a few despite being a recovering asshole-a-holic) who has been very generous with his/her time in doing conversions for us. But the county could do this once, for everybody... after all they say they've had to create a new full-time position just to post the already available paperwork.
Scanning and posting around 25- 50 pages apparently takes 40 hours a week. Guess they had to look for an available slug because there wasn't a competent tortoise or snail on the civil service list (sorry- nothing personal, just personnel).
We just discovered the availability of the files today so we don't know yet when the documents will be posted each week (why do we suspect they won't be available when the agenda is ready- usually on Thursdays- but rather as late as they can get away with?.. maybe because we've been dealing with these guys for almost 30 years).
We're not sure who is responsible for the postings- given that "new" Council Chair Jay Furfaro has been on the job for 15 months now without change and brand new County Clerk Ricky Watenabe has been on the job for only about a month or so, we suspect that it is Ricky's doing... especially since Rick has been one of the only senior staffers in council services who has not just made himself available but actually never lied through his teeth to us or evaded our questions and/or requests, lo these decades.
Anyway there's still some stuff missing like committee reports, some communications, legal documents (a real biggie as to digging out news) and even a resolution and a bill for second reading (meaning "ready for final passage") as well as of course whatever is available for executive sessions- another document treasure trove which, many times, is where court filings of lawsuits may be available since they are public records.
So yes- it is a "what have you done for me lately" type of thing. Maybe we should make like the local newspaper... sit down, shut up and say "thanks for the crumbs massah"
All we can say is "put your pants on ladies and gentlemen of the council, there are woman and kids- and wildly rabid reporters- watching.
Showing posts with label ADA. Show all posts
Showing posts with label ADA. Show all posts
Wednesday, March 14, 2012
Monday, July 13, 2009
(PNN) STATE DISABILITIES BOARD SAYS LACK OF ON-LINE ACCESS TO ELECTRONIC “TEXT” DOCUMENTS APPARENTLY VIOLATES ADA
STATE DISABILITIES BOARD SAYS LACK OF ON-LINE ACCESS TO ELECTRONIC “TEXT” DOCUMENTS APPARENTLY VIOLATES ADA
(PNN) The council’s on-line posting of documents in “image files” rather than “text files” is not just an issue of accessibility by the general public but may be an issue of compliance with the Americans With Disabilities Act (ADA) according to Francine Wai, Executive Director of the state’s Disability and Communication Access Board (DCAB).
It turns out that “text” files are required for the visually impaired to use “Screen Reader” software that can voice aloud documents if and only if they are provided in the searchable “text” format, which allows users to "copy and paste” words, sentences and paragraphs.
According to Wai, all government “programs, services and activities” are required to be accessible to the disabled.
“It’s the contention of most people in our files that this is a program of the government,” she said. “We don’t consider (image files) to be accessible.
“It is our advice that this is a program, service or activity (that) is required” she said with one caveat- the law was written before there even was an internet so does not of course specifically mention the posting of documents on-line as being an ADA covered program.
Wai says that although “litigation is not 100% consistent” there has been at least one case involving Southwest Airlines that says that on-line services by private entities is not necessarily required to be accessible to the blind, the same standard does not apply to governmental entities.
“Any case relating to the private sector is not transferable” she said. “I can’t give you a legal opinion but I believe that within a very short time this will be the way government will release information”.
One of the main goals of Kaua`i County Council reform advocates Councilpersons Tim Bynum and Lani Kawahara has been the public’s “on-line” access to council documents.
In recent months PNN has delved in depth into the stonewalling of electronic access the full array of pertinent council materials by Chair Kaipo Asing and County Clerk Peter Nakamura and the local newspaper has provided some coverage as well since the Bynum and Kawahara “went public” with an almost encyclopedic list of obstructionist actions by the Asing and Nakamura, along with proposed solutions at their kauaiinfo.org web site in early May.
When the council services responded early this month with the posting of a small handful of recent meeting minutes, outrage again boiled over, not just at the lack of anything but the minutes and “recap memos” and their outdated nature, but at the fact that they were posted in a format that is useless for anything but reading and printing them out.
Two “letters to the editor” in the local paper – one from IT Professor Ed Coll of Kaua`i Community College and another from Koloa Librarian David Thorp- chided the council for providing only “image” files rather than “text” files.
Only the latter format can used to search the documents by word and allows for “copying and pasting” exact quotations for the preparation of things like letters, testimonies and commentaries without having to re-type them.
Those letters seem to have spurred the council to re-post the small handful of minutes and recap memos that are now at the council’s web site, this time in “text” although there are still only five- the latest being from the June 16th meeting- whereas those at kauaiinfo.org go back to January of 2006.
The problem there is that despite the fact that they were created in electronic form, to post the older ones even Bynum, a member of the council, could not gain access to the original electronic versions and had to “scan” paper copies and create an “image file” and then “convert” them back into text- a method that can sometimes lead to errors in the newly re-created text file when compared with the original.
The ADA requirements do have one exception for governmental entities according to Wai and that is that, if the provision of the service, program or activity would present an undefined “undue burden” on the government they may not have to provide it.
In this case its hard to see where any undue burden would be since almost all public documents- especially government documents but even those submitted from outside entities- are created electronically these days. For the few that aren’t the conversion software is easy and quick to use and is even available as free “shareware” if cost of the software is held to be an obstacle.
As a matter of fact the only undue burden to a government agency appears to be in denying text versions to the blind.
Wai explained that until on-line versions of text files combined with the Screen Reader software make for a “do it yourself at home” way for the blind to access documents, the main way the visually disabled are served is and has been via telephone.
That means that if a document isn’t available in Braille or a blind person can’t read Braille, access requires the vocalization of a document, which is the job of DCAB itself .
Wai says that much of her office’s time is taken up accessing such documents and reading them aloud over the phone, something that could eventually be a thing of the past if documents were all available in text.
While the state legislature’s “paperless” system was instituted this year, the administration and the counties have yet to adapt to such a program.
Wai did note that because of the higher than normal cost of the computer hardware that’s required- and to a lesser extent but still high cost of the software- there is still a big impediment in blind people obtaining the technologic instruments required to use on-line access to documents even when they are in text form
One solution says Wai lies in DCAB’s efforts to provide people with the systems that might actually pay for themselves by freeing up time and energy on all sides of the equation.
She also said that there some confusion on the matter because a whole separate federal provision in Section 508 of the Rehabilitation Act requires agencies who receive federal money to use accessible technology.
Title II of the ADA pertains to all government agencies but doesn’t mention ubiquitous on-line technologies which could not have been foreseen when the ADA was passed.
(PNN) The council’s on-line posting of documents in “image files” rather than “text files” is not just an issue of accessibility by the general public but may be an issue of compliance with the Americans With Disabilities Act (ADA) according to Francine Wai, Executive Director of the state’s Disability and Communication Access Board (DCAB).
It turns out that “text” files are required for the visually impaired to use “Screen Reader” software that can voice aloud documents if and only if they are provided in the searchable “text” format, which allows users to "copy and paste” words, sentences and paragraphs.
According to Wai, all government “programs, services and activities” are required to be accessible to the disabled.
“It’s the contention of most people in our files that this is a program of the government,” she said. “We don’t consider (image files) to be accessible.
“It is our advice that this is a program, service or activity (that) is required” she said with one caveat- the law was written before there even was an internet so does not of course specifically mention the posting of documents on-line as being an ADA covered program.
Wai says that although “litigation is not 100% consistent” there has been at least one case involving Southwest Airlines that says that on-line services by private entities is not necessarily required to be accessible to the blind, the same standard does not apply to governmental entities.
“Any case relating to the private sector is not transferable” she said. “I can’t give you a legal opinion but I believe that within a very short time this will be the way government will release information”.
One of the main goals of Kaua`i County Council reform advocates Councilpersons Tim Bynum and Lani Kawahara has been the public’s “on-line” access to council documents.
In recent months PNN has delved in depth into the stonewalling of electronic access the full array of pertinent council materials by Chair Kaipo Asing and County Clerk Peter Nakamura and the local newspaper has provided some coverage as well since the Bynum and Kawahara “went public” with an almost encyclopedic list of obstructionist actions by the Asing and Nakamura, along with proposed solutions at their kauaiinfo.org web site in early May.
When the council services responded early this month with the posting of a small handful of recent meeting minutes, outrage again boiled over, not just at the lack of anything but the minutes and “recap memos” and their outdated nature, but at the fact that they were posted in a format that is useless for anything but reading and printing them out.
Two “letters to the editor” in the local paper – one from IT Professor Ed Coll of Kaua`i Community College and another from Koloa Librarian David Thorp- chided the council for providing only “image” files rather than “text” files.
Only the latter format can used to search the documents by word and allows for “copying and pasting” exact quotations for the preparation of things like letters, testimonies and commentaries without having to re-type them.
Those letters seem to have spurred the council to re-post the small handful of minutes and recap memos that are now at the council’s web site, this time in “text” although there are still only five- the latest being from the June 16th meeting- whereas those at kauaiinfo.org go back to January of 2006.
The problem there is that despite the fact that they were created in electronic form, to post the older ones even Bynum, a member of the council, could not gain access to the original electronic versions and had to “scan” paper copies and create an “image file” and then “convert” them back into text- a method that can sometimes lead to errors in the newly re-created text file when compared with the original.
The ADA requirements do have one exception for governmental entities according to Wai and that is that, if the provision of the service, program or activity would present an undefined “undue burden” on the government they may not have to provide it.
In this case its hard to see where any undue burden would be since almost all public documents- especially government documents but even those submitted from outside entities- are created electronically these days. For the few that aren’t the conversion software is easy and quick to use and is even available as free “shareware” if cost of the software is held to be an obstacle.
As a matter of fact the only undue burden to a government agency appears to be in denying text versions to the blind.
Wai explained that until on-line versions of text files combined with the Screen Reader software make for a “do it yourself at home” way for the blind to access documents, the main way the visually disabled are served is and has been via telephone.
That means that if a document isn’t available in Braille or a blind person can’t read Braille, access requires the vocalization of a document, which is the job of DCAB itself .
Wai says that much of her office’s time is taken up accessing such documents and reading them aloud over the phone, something that could eventually be a thing of the past if documents were all available in text.
While the state legislature’s “paperless” system was instituted this year, the administration and the counties have yet to adapt to such a program.
Wai did note that because of the higher than normal cost of the computer hardware that’s required- and to a lesser extent but still high cost of the software- there is still a big impediment in blind people obtaining the technologic instruments required to use on-line access to documents even when they are in text form
One solution says Wai lies in DCAB’s efforts to provide people with the systems that might actually pay for themselves by freeing up time and energy on all sides of the equation.
She also said that there some confusion on the matter because a whole separate federal provision in Section 508 of the Rehabilitation Act requires agencies who receive federal money to use accessible technology.
Title II of the ADA pertains to all government agencies but doesn’t mention ubiquitous on-line technologies which could not have been foreseen when the ADA was passed.
Friday, December 26, 2008
TRACKING TROUBLE
TRACKING TROUBLE: Although Kaua`i is called the separate kingdom each island has a different character and culture all its own.
And with the explosion of blogging nowhere is there a more diverse community of news and political bloggers than the Big Island.
And whether they are reporters who blog or bloggers who report, that can lead to trouble for the local power structure, as self described blogger-who-reports Damon Tucker found out when he went to check out possible violations of the Americans With Disabilities Act (ADA) at the Pahoa post office the day before X-mas.
As he took pictures of trash blocking the handicapped parking area and the hard-to-access, possibly non-compliant ramp all hell broke loose when an ever vigilant local postal employee took it upon himself to dub poor Damon a terrorist rather than allow him to make trouble for them over their handicapped set-up..
Here’s how Tucker described what happened next:
I was on my way out to my car, when this guy comes running up to me…
“Brah… what you doing?” He says
“Taking Pictures of the Post Office” I say
“Brah… This one Federal Building… that’s against the Law… Stick around… I’m calling the cops!”
The guy goes in and calls the cops on me. I’m thinking how friggin ridiculous…but ok… let’s see what the cops say.
So I stick around and as the cops arriving, I take a picture of them arriving.
Lady cop: “What you taking a picture of me for… that’s harassment you know?”
I’m like what? Since when is taking a picture of a Police officer or a building considered Harassment…
Officer… I’ve asked you not to take my picture and you took it…
.
I’m like… I took the picture before you even got out of your car and said a word…
Officer…”ERASE THAT PICTURE NOW!”
So I show the lady officer (J. Lee) the picture that I took of her and then showed her that I deleted it… Just to appease her.
I then ask if she would like to see any of the pictures of the Post Office… she refuses.
Then she asks Postal Guy if they want to press Trespassing charges against me… Post Office guy says no… that’s ok… just don’t ever take pictures here again.
So my question to anyone and everyone… Is there anything illegal about taking pictures of a Post Office?
Who was Harassed? The Post Office… or Me?
Since when did taking pictures of outside of buildings and/or police officers become “harassment?”
Sheesh… to think I was only there to drop off a package… Is it my fault I always carry my camera?
Heck… Tiffany… You better erase those pictures you took inside of the Post Office for gods sake before the Goonsquad comes after you!
Just kidding.
I can’t believe this Post Office. Maybe it is time to file a federal ADA Suit against them
But although Damon might have left it there others were perhaps more outraged, especially other bloggers and journalists.
And when long time reporter-who-blogs Honolulu (or more precisely Ka`a`awa) Ian Lind picked up the story, Tucker was apparently inundated with emails prodding into filing a complaint.
But like on Kaua`i it’s not very apparent how to do that on the Big Island. If you go to the Hawai`i Police Department’s (HPD) web site, despite their apparent embracing of “Community Policing” there is no where to tell you where to file complaints regarding officer misconduct.
A search of the site however does produce, if not a description of the process at least a form to fill out to file an official complaint with the Hawaii Police Commissions
The form says:
The Police Commission investigates complaints of misconduct against officers or employees of the police department while on duty or acting under the color of authority. The complaint must be received in the commission’s office within 60 days of the incident. A request for an exception to the 60-day rule must be in writing with an explanation for the delay.
While he apparently hasn’t filed a complaint- which must be signed and notarized according to the form, Tucker has written us with a little more detail in an email today.
He was apparently taking the picture in a public place and had even asked and gotten permission from one post office employee to take one picture through an open door.
[Correction: Damon Tucker in fact was refused permission to take any pictures by the woman. We regret the mistake.
Clarification: Tucker's email said:
One of the post office ladies came out and was sorting mail and left the door open to the post office. I asked her if she would mind if I took a picture of the inside while the door was open, and she said no. I didn’t really think anything at this point and continued to my car. Then I took another picture of the Handicap stall and was about to take a picture of the employee parking lot which was by my car… when a gentlemen came scooting out and asked me what I was doing.
Tucker has clarified that he meant to communicate that she told him he did not have permission rather than meaning that she didn’t mind if he took a picture. ]
He says that when another employee came out he demanded to know why he was taking pictures.
Tucker wrote
“I told him I was taking pictures. He asked me what for. I told him that I liked to take Pictures. He then re-emphasized… why and what are you taking pictures for. I told him I have a blog and I’m reporting about the Post Office (just as I have been reporting about many businesses in Pahoa during the last week).”
The Post Office’s web site does have restrictions on “filming and still photography on postal service premises” saying
“(i)nformal snapshots from handheld cameras for personal use may be allowed at the discretion of the postmaster so long as there is no disruption to Postal Service operations and provided the pictures are taken from areas accessible to the public”.
Tucker was apparently neither disruptive nor taking pictures “on postal service premises” unless the parking lot is considered such.
Tucker actually waited for the officer to arrive perhaps thinking that a person knowledgeable about the law would set the postmaster straight that his discretion ends at the end of the premises and doesn’t extend into the public right-of way.
But never underestimate the ability of some authority figures to defend businesses from snoopy reporters or bloggers.
If the postmaster was out of line the HPD officer was apparently outright abusive in citing laws that don’t exist and exploitive of the power of her uniform
Ticker also expanded on his description of what happened after he “snapped” a picture of the officer, snapped seemingly being the operative phrase around the Pahoa PO that day.
After the officer’s claim of harassment and the erasure incident- i.e. the destruction of Tucker’s personal property- it apparently got even weirder.
I felt extremely intimidated and knowing that this was the day before Christmas and no time to be getting arrested for refusing to obey a police officer… I did as she asked...
She continued to belittle me and yell at me about me about taking pictures of her and the post office. I then asked her if she would like to see any of the pictures of the Post Office and she flat out refused to even look at any of those.
Apparently there was nothing Tucker was going to do to calm the officer down and he did what anyone is supposed to do when an officer abuses his or her authority- comply now and complain later.
But Tucker was apparently too open and honest about who he was and what he was doing because he volunteered more info which apparently infuriated the abusive officer even further
When I explained that I had a blog… she flew off the handle. She started yelling at me saying… “Your going to put my picture on your blog without my permission…etc…” at the top of her lungs. At which point I told her that I’m always putting people on my blog and that it was my right to do so.
Damn straight Damon (he said cheering him on from a safe distance).
She then let into me about how it was illegal for me to post her picture on my blog. I even made mention that I put pictures of all sorts of people on my blog including the Mayor himself. She got extremely pissed and said that… “Well the Mayor is a public figure!”
I didn’t want to continue on with her and I felt the easiest way to diffuse the situation was to just sit there and agree with her before she came up with some lame reason to try and arrest me. It was bad enough that she extorted me into deleting the picture… I didn’t want to go to jail on Christmas Eve.
The press deserves no special treatment outside of the performance of their “job” nor asks for it but bloggers who act as reporters are now covered by the new Hawai`i Reporter’s Shield Law which, says:
(Reporters) shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise.
The fact that bloggers engaged in reporting are included indicates that constitutional freedom of the press extends to anyone acting in the role of the press.
The outrage over an earlier incident of police harassment of reporter/blogger Joan Conrow over her reporting has died down now but unless police allow citizen journalists to do their job as community watchdogs we’re all in for a long lonely slide to fascism as the government- especially though the constabulary- conspires with the corporate class join to keep us in the dark.
And with the explosion of blogging nowhere is there a more diverse community of news and political bloggers than the Big Island.
And whether they are reporters who blog or bloggers who report, that can lead to trouble for the local power structure, as self described blogger-who-reports Damon Tucker found out when he went to check out possible violations of the Americans With Disabilities Act (ADA) at the Pahoa post office the day before X-mas.
As he took pictures of trash blocking the handicapped parking area and the hard-to-access, possibly non-compliant ramp all hell broke loose when an ever vigilant local postal employee took it upon himself to dub poor Damon a terrorist rather than allow him to make trouble for them over their handicapped set-up..
Here’s how Tucker described what happened next:
I was on my way out to my car, when this guy comes running up to me…
“Brah… what you doing?” He says
“Taking Pictures of the Post Office” I say
“Brah… This one Federal Building… that’s against the Law… Stick around… I’m calling the cops!”
The guy goes in and calls the cops on me. I’m thinking how friggin ridiculous…but ok… let’s see what the cops say.
So I stick around and as the cops arriving, I take a picture of them arriving.
Lady cop: “What you taking a picture of me for… that’s harassment you know?”
I’m like what? Since when is taking a picture of a Police officer or a building considered Harassment…
Officer… I’ve asked you not to take my picture and you took it…
.
I’m like… I took the picture before you even got out of your car and said a word…
Officer…”ERASE THAT PICTURE NOW!”
So I show the lady officer (J. Lee) the picture that I took of her and then showed her that I deleted it… Just to appease her.
I then ask if she would like to see any of the pictures of the Post Office… she refuses.
Then she asks Postal Guy if they want to press Trespassing charges against me… Post Office guy says no… that’s ok… just don’t ever take pictures here again.
So my question to anyone and everyone… Is there anything illegal about taking pictures of a Post Office?
Who was Harassed? The Post Office… or Me?
Since when did taking pictures of outside of buildings and/or police officers become “harassment?”
Sheesh… to think I was only there to drop off a package… Is it my fault I always carry my camera?
Heck… Tiffany… You better erase those pictures you took inside of the Post Office for gods sake before the Goonsquad comes after you!
Just kidding.
I can’t believe this Post Office. Maybe it is time to file a federal ADA Suit against them
But although Damon might have left it there others were perhaps more outraged, especially other bloggers and journalists.
And when long time reporter-who-blogs Honolulu (or more precisely Ka`a`awa) Ian Lind picked up the story, Tucker was apparently inundated with emails prodding into filing a complaint.
But like on Kaua`i it’s not very apparent how to do that on the Big Island. If you go to the Hawai`i Police Department’s (HPD) web site, despite their apparent embracing of “Community Policing” there is no where to tell you where to file complaints regarding officer misconduct.
A search of the site however does produce, if not a description of the process at least a form to fill out to file an official complaint with the Hawaii Police Commissions
The form says:
The Police Commission investigates complaints of misconduct against officers or employees of the police department while on duty or acting under the color of authority. The complaint must be received in the commission’s office within 60 days of the incident. A request for an exception to the 60-day rule must be in writing with an explanation for the delay.
While he apparently hasn’t filed a complaint- which must be signed and notarized according to the form, Tucker has written us with a little more detail in an email today.
He was apparently taking the picture in a public place and had even asked and gotten permission from one post office employee to take one picture through an open door.
[Correction: Damon Tucker in fact was refused permission to take any pictures by the woman. We regret the mistake.
Clarification: Tucker's email said:
One of the post office ladies came out and was sorting mail and left the door open to the post office. I asked her if she would mind if I took a picture of the inside while the door was open, and she said no. I didn’t really think anything at this point and continued to my car. Then I took another picture of the Handicap stall and was about to take a picture of the employee parking lot which was by my car… when a gentlemen came scooting out and asked me what I was doing.
Tucker has clarified that he meant to communicate that she told him he did not have permission rather than meaning that she didn’t mind if he took a picture. ]
He says that when another employee came out he demanded to know why he was taking pictures.
Tucker wrote
“I told him I was taking pictures. He asked me what for. I told him that I liked to take Pictures. He then re-emphasized… why and what are you taking pictures for. I told him I have a blog and I’m reporting about the Post Office (just as I have been reporting about many businesses in Pahoa during the last week).”
The Post Office’s web site does have restrictions on “filming and still photography on postal service premises” saying
“(i)nformal snapshots from handheld cameras for personal use may be allowed at the discretion of the postmaster so long as there is no disruption to Postal Service operations and provided the pictures are taken from areas accessible to the public”.
Tucker was apparently neither disruptive nor taking pictures “on postal service premises” unless the parking lot is considered such.
Tucker actually waited for the officer to arrive perhaps thinking that a person knowledgeable about the law would set the postmaster straight that his discretion ends at the end of the premises and doesn’t extend into the public right-of way.
But never underestimate the ability of some authority figures to defend businesses from snoopy reporters or bloggers.
If the postmaster was out of line the HPD officer was apparently outright abusive in citing laws that don’t exist and exploitive of the power of her uniform
Ticker also expanded on his description of what happened after he “snapped” a picture of the officer, snapped seemingly being the operative phrase around the Pahoa PO that day.
After the officer’s claim of harassment and the erasure incident- i.e. the destruction of Tucker’s personal property- it apparently got even weirder.
I felt extremely intimidated and knowing that this was the day before Christmas and no time to be getting arrested for refusing to obey a police officer… I did as she asked...
She continued to belittle me and yell at me about me about taking pictures of her and the post office. I then asked her if she would like to see any of the pictures of the Post Office and she flat out refused to even look at any of those.
Apparently there was nothing Tucker was going to do to calm the officer down and he did what anyone is supposed to do when an officer abuses his or her authority- comply now and complain later.
But Tucker was apparently too open and honest about who he was and what he was doing because he volunteered more info which apparently infuriated the abusive officer even further
When I explained that I had a blog… she flew off the handle. She started yelling at me saying… “Your going to put my picture on your blog without my permission…etc…” at the top of her lungs. At which point I told her that I’m always putting people on my blog and that it was my right to do so.
Damn straight Damon (he said cheering him on from a safe distance).
She then let into me about how it was illegal for me to post her picture on my blog. I even made mention that I put pictures of all sorts of people on my blog including the Mayor himself. She got extremely pissed and said that… “Well the Mayor is a public figure!”
I didn’t want to continue on with her and I felt the easiest way to diffuse the situation was to just sit there and agree with her before she came up with some lame reason to try and arrest me. It was bad enough that she extorted me into deleting the picture… I didn’t want to go to jail on Christmas Eve.
The press deserves no special treatment outside of the performance of their “job” nor asks for it but bloggers who act as reporters are now covered by the new Hawai`i Reporter’s Shield Law which, says:
(Reporters) shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise.
The fact that bloggers engaged in reporting are included indicates that constitutional freedom of the press extends to anyone acting in the role of the press.
The outrage over an earlier incident of police harassment of reporter/blogger Joan Conrow over her reporting has died down now but unless police allow citizen journalists to do their job as community watchdogs we’re all in for a long lonely slide to fascism as the government- especially though the constabulary- conspires with the corporate class join to keep us in the dark.
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