April 9, 2024 APR 09 2024 BOARDS & COMMISSIONS. Kauai Police Commission c/o Office of Boards & Commissions 4444 Rice Street, Suite 300 Lihue, HI 96766 Dear Commissioners, | write to provide the Commission additional information and context in regard to the public comments made by Chief Todd Raybuck. Having reviewed his statement, | feel compelled to respond. On April 5, 2024, Chief Raybuck issued a publi statement to the news media, admitting he let his firearm in the restroom as alleged in my complaint. He states that he is “taking full responsibility” for his actions, However, he further goes on to state that “the employee restroom is located in a secured area of the department that requires access via an employee key card.” Previously, on April 2, 2024, Hawall News Now reported that a KPD “spokesperson” declined to discuss the issue but responded to HNN in an email regarding the restroom, “the restroom in question is not public but ‘an employee restroom that is located behind a secured entryway that requires key card access issued to department employees.’"" Chief Raybuck’s multiple references to the security status of the restroom leaves the lear impression that this restroom is in a highly restrictive area, accessible only to employees with authorized key cards. Anyone who visits or works in the building, past and present knows this is not true. The restroom is located behind a set of doors that allow access to anyone with the appropriate keycard OR anyone who is "buzzed" in by a staff member. The doors lead to a lobby that is used by non-sworn, non-KPD members of the public on a regular basis. The lobby serves the Chief's Office, Internal Affairs, and Investigative Services Bureau. Here are just a few examples of how and who uses that lobby, after being “buzzed” into the area and who can use the restrooms without an escort, keycard, or supervision: * School classes touring the station (see photo). * UPS/FedEx/Amazon and other parcel delivery services. * Hawaii News Now, April 2, 2024; httos://wwww.hawalinewsnow.com/2024/04/03/kayal-poli disciplinary-action-after-losing-his-firearm-second-time/* Witnesses to crimes, people of interest, non-detained Suspects, and other relevant individuals meeting/interviewing with Investigative Services personnel. * Door dash/Grub Hub and other food delivery services, * Families of sexual assault victims who are waiting for their loved one to go through the extensive & multiple interviews required for investigation. * Family/friends visiting employees who work in the building. * Service personnel (repairs, supplies, etc), As you can see above, the list can be endless. Armed KPD er non-KPD, non-key carded individuals to the restroom. Cin in KPD staff do not escort non-KPD, non-key carded individuals to the restroom. KPD staff does not force its guests to leave the lobby area and return to the public area to use the restroom. In fact, there is an employee only restroom inside of Investigative Ser Investigative Services personnel do not promote non-KPD employees to use this restroom. Rather, they refer them to the public restroom where the Chief left his firearm unattended. Below is a photo obtained from KPD's website®. It shows a very typical occurrence, a group of children getting a tour/interacting with KPD officers at the police station. To the officer's right are the entry doors to Internal Affairs and the Office of the Chief of Police. To the officer's left is the door/window to Investigative Services. Behind the seated children, past the adult standing just out of frame in the photo is a short hallway (approximately 10 feet long) that leads to men’s and women’s restrooms. These doors are unlocked and open to anyone. If any of these children needed to use the restroom the day this photo was taken, and they certainly would have, they would be able to walk into the restroom and use it. If any children needed to use the restroom on Monday, March 4, 2024, just after lunch, they would have been able to walk right into the men’s restroom, use the only privacy stall, and have ready access to a loaded police-issued Glock G43X. Not only did Chief Raybuck’s irresponsible handling of his firearm violate KPD policy, he may also have violated State law that states: §134-10.5 Storage of firearm; responsibility with respect to minors. No Person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless the person’ ? httpsi//wwow.kaual.gov/Government/Departments-Agencies/Police-Department/Recruitment(1) Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure; or (2) Carries the firearm on the person or within such close proximity thereto that the person can readily retrieve and use it as if it were carried on the person. For purposes of this section, "minor" means any person under the age of eighteen years. [L 1992, ¢ 288, §1; am L 2021, c 148, §2] While there can be debate over whether Chief Raybuck is actually taking responsibility for his actions, if did, he would not try to minimize. We could debate if Chief Raybuck would treat a frontline officer with leniency if that officer abandoned their firearm in a more suitable location, there should be no question as to whether his actions were irresponsible and a policy violation (Potentially unlawful), there should also be no question as to whether members of the public had an opportunity to find and take Chief Raybuck's Glock G43X. They did. Let us not lose focus that the Firearm was left unattended, it's really not relevant where. Thank you for your continued attention to this matter and | am available should you need any further information, Si v Roy =