Q: Hi Chief, This afternoon I heard (sirens) and saw in a short span of time a police car, ambulance, fire truck and another police car going south on Rice/Kaumuali‘i. Luckily, the ambulance driver applied caution nearing the intersection because a truck decided to cross the intersection making a left turn. Could you mention something in your column about driver responsibility in situations like this? Thank goodness there wasn’t an accident.
— Kaui, Lihu‘e
A: Aloha Kaui, thank you for your e-mail. And you are right; drivers should be cautious and move out of the way when they become aware that an emergency vehicle is approaching.
Because I have been on both ends of this situation, I can understand the frustration of the emergency vehicle operator, but at the same time I know what it’s like to have an emergency vehicle right on your tail as you try to maneuver out of the way; it is not a comfortable feeling.
Let’s take a look at what the law says: “HRS 291c-65; Operation of vehicles on approach of authorized emergency vehicles. …upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position clear of any intersection and parallel to, and as close as possible to, the right-hand edge or curb of the highway or the nearest edge or curb when the highway has multiple lanes or when the highway is a divided highway or one-way street and shall stop and remain in such position until the authorized emergency vehicle is passed, except as otherwise directed by a police officer. (b) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.”
There you have it. Basically, do your best to get out of the way by driving to the right or nearest curb; stop, then set off once the police, ambulance, fire truck, or other emergency vehicle has passed.
And just a word of caution to you rascals who think it’s cool to follow an ambulance or fire truck so that you can beat the traffic. Don’t do it. You will receive a citation for every traffic code infraction because you are not considered an official “emergency vehicle.”
Q: Dear Chief,
Why are the names of registered voters posted on the door or walls of the voting sites? In this day with crime, drugs, domestic violence and people simply wanting to know the address of other people, this makes me very uncomfortable.
During the primary elections, I saw someone taking pictures of the posted information, saying that it was for the newspaper. Could you talk with the mayor to keep the information confidential? I take the elderly to vote and they were quite concerned as some of them intentionally keep their names out of the phone book.
— Anonymous
A: That is a very good question, and I certainly can see your point. I contacted Mr. Peter Nakamura, county clerk and asked him about your concerns. Here is Peter’s response:
A comprehensive response to the caller’s concern gets a little complicated, but it starts with Hawaii State Statute §11-25(c) that requires posting of the “list of voters” at each precinct polling place:
Hawai’i Revised Statutes; Chapter 11; Elections, Generally; §11-24 Closing register; list of voters:
(c) Immediately upon the closing of the general county register, the clerk shall proceed to prepare a list of all registered voters in each precinct, separately. The list shall contain, in alphabetical order, without designation of the race or age of voters, the names of all voters so registered in each precinct, and the residence of each unless such residence is deemed confidential pursuant to section 11-14.5. The list shall be available for inspection at the office of the county clerk prior to election day. On election day the precinct officials shall post the list at the precinct polling place.
That being the basic law, there are other things that come into play — including the sections of the state statute — that can be used to better explain the reason for this requirement, along with some possible ways to mitigate concerns citizens may have over this requirement. As tends to be the case in these kinds of matters, there is a balance we are trying to achieve between transparency in the elections process and people’s privacy interests. I think it’s always better to have as complete a response as possible rather than just telling people, “This is the law — too bad.”
Now, what does section 11-14.5 referring to confidentiality have to say?
The law lists several exceptions.
If a life threatening circumstance exists to:
• Law enforcement
• The law enforcement officer’s family
• Persons otherwise determined by the clerk of the county
The request and justification must be in writing and addressed to the chief election officer or county clerk to keep confidential the information relating to the residence address and telephone number. The statute further states that:
“Upon good cause shown, the clerk shall determine whether to grant confidentiality in accordance with rules established by the chief election officer, and that decision shall be final.”
Hope that helps.
I would like to congratulate all newly elected officials, those who served our community with dignity and distinction and everyone who went to the polls and voted.
Personally, I can’t help but feel an obligation to vote; to honor, in a small way, all of our sons and daughters, fathers and mothers who fought for our country and who gave their lives so that we have the freedoms that we enjoy today.
Finally, please check out this terrific Homeland Security article entitled Protecting Paradise. The article is about the Kauai Police Department written by Police Commissioner Thomas Iannucci. The Web site is located at: www.hstoday.us/content/view/5809/92/
• Darryl Perry is the chief of police at the Kaua‘i Police Department. Send your comments or questions to dperry@kauai.gov
