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rN THE UNITED1/.\1,345PageSTATES DISTR]CT COURTFOR THE DISTRICT OF HAWAIITABATHA MARTTN, TRACY MARTIN/T.M., a minor, by her parentsand next friends/ TABATHAMARTIN And TRACY MARTIN;KroNrNA KENESO, K.H., aCIVILNO. CV 15-00363IClass Action]HG KSCminor, by her next friend,61B91011I2KIONINA KENESO; TANAKO YUG,GABRIEL YUG, G.Y., a minor,by his next friends/ TANAKOYUG and GABRIEL YUG; DTANACHONIONG,. JON JOSEPHSON;NORMA MANUEL; MENSI RIKAT;ARI RODEN; RIMUO RUNTE; andSNOPIA WEINEI; individuallyand on behalf of the class ofhomeless or formerly homelessindividuals whose propertywas seized and destroyed byCity and County of Honoluluofficials,13Pl-ainti f f s,I415I6I1cITY AND COUNTY OF HONOLULU/a municipal corporation; andDOtr EMPLOYEES OF CITY ANDCOUNTY OF HONOLULU 1-1OO;Defendants.1BI9DEPOSITION OF ROSS SUMIO SASAMURA202L2223Taken on behalf of the Plaintiffsat Alston Hunt FloydIng, American Savings Bank Tower, 1001 Bishop Street,&Suite 1800, Honolulu, Hawaii, commencing at 9z2I a"m. onWednesday, October 14, 2015, pursuant to Notice.24BEFORE:SHARONL. ROSS/ RPR/ CRR/ RMR, CSR No.432z3RALPH ROSENBERG COURT REPORTERS, INC,(B0B) s24-2090Appendix D11

Page123APPEARANCES:2NO.For Plaintiffs:3NICKOLAS A. KACPROWSKI, ESQ.567KRISTiN L, HOLLAND, ESQ. (when noted)Alston Hunt Floyd & IngAmerican Savings Bank Tower1001 Bishop Street, Suite 1800Honolulu, Hawaii 96813B910-and-PAUL S. AOKI, ESQ.ERNEST H. NOMURA, ESQ.DAVID D. DAY, ESQ. (when noted)Department of the Corporation Counsel1920City and County of Honolulu530 South King Street, Room 110Honolulu, Hawaii 968132T2223Present:KATIE MULLINSEXAMINATION BY:PAGEMR. le 19, Stored Properly. 77Article 16, Nuisances of PublicSidewalks.83113Google Map104Complaint for Declaratory andInjunctive Relief and 7251B201B192025INDEX31516T61724Also1747B2223Page 3I562t242Declaration of Ross S. Sasamura.,. 18441415For Defendants:1BPAGE11T213Honolulu, Hawaii 96801T719EXHIBITSDESCRIPNON910DANIEL M. GLUCK, ESQ,ACLU of Hawaii FoundationP. O. Box 341011T213T41525INDEX,Continued1416Page 4215Photo.Photo.Photo.Photo.,Photo,,. t22Color.122Color. I22Color. t22Color.122ColorNotice of Enforcement Action,. 158Color. 159Color. 160Color,. 160Color. 161ColorColor. 161Color,. 161r62Color ,t2rt52Page 51ROSS SUMIO SASAMURA,2 called as a witness at the instance of the Plaintiffs,3 being first duly sworn to tell the truth, the whole4 truth and nothing but the truth, was examined and5 deposed as follows:EXAMINATION67 BY MR, KACPROWSKI:B Q. Good morning, Mr. Sasamura. Can you state your9 name for the record, please?10 A. My name is Ross Sumio Sasamura.11 Q. I'm Nick Kacprowski. I'm an attorney here at12 Alston Hunt Floyd & Ing, one of the attorneys for the13 plaintiffs in this case. I'm going to start by giving14 you some instructions that will apply throughout the15 course of the deposition,16First is I'll need all of your answers to be17 verbal, So, the couft repofter can't pick up nods of18 the heads or anything like that.19 A, (Witness nods head.)20 Q. The second instruction is that we'll take2I periodic breaks. If you need one, please let me know;22 and we can try to accommodate you.23We'll need your -- I'm going to, when I ask a24 question, assume that you know -- that you understand it25 if you answer it. If you don't understand it, please2 (Pages 2 to 5)RALPH ROSENBERG COURT REPORTERS, INC,(B0B) s24-2090Appendix D1

Page 221234567I910111213741516771B19202I22232425the second in command.Q. Okay. What are the various titles the members ofthe enforcement team would have?A. Construction equipment operator.Q. Uh-huh.A. And equipment operator.Q. Okay. Any others?A. Any others on the -- on the team? Is that whatyou're asking me?Q. Yeah, any other titles that anyone on theenforcement team would have?A. We also have a complaints investigator, and wehave a clerk dispatcher.Q. Okay. And the complaints investigator and theclerk dispatcher, would they be one of the six people onthe enforcement team?A. Those positions are assigned to the enforcementteam.Q, Okay. And are they full-time positions? So, oneperson's entire position, for instance, is the claims -what was it, claims or complaints -A, Complaints investigator.Q. Complaints investigator. So, that's one person'scomplete job title?A.Yes, it is.Page 241234567B91011T213741516T71B19202722232425To your knowledge, is anyone involved inenforcement actions -- so, I'm talking not just anyoneon the enforcement team but anyone else who might beinvolved in enforcement actions -- related to anyoneelse involved in enforcement actions?A, I'm not sure.Q, Okay. Are you related to anyone else involved inenforcement actions?A. You're speaking to the stored propety ordinanceand sidewalk nuisance ordinance?Q.A.Yes, yes.No,Q. Okay. And you mentioned earlier you were inKakaako this morning. What were you doing there?A. I was there to be the media liaison.Q. And how long did you spend there?A. I was there from approximately 5:30 this morninguntil approximately B:30.Q. And what did you do when you were there?A. Waited for the media,Q. Did you talk to any media?A.No.Q. Okay. Did you see -- was the enforcement actiongoing on this morning?A. Yes, it was.Page 231 Q. And do you know which person that is?2 A. That position is vacant.23 Q. Okay. Does anyone serve in that position as a -- 34 on a temporary basis?455 A. I'm not sure.66 Q. Okay. Who investigates complaints if that77 position is vacant?IB A. It would fall under Mr. Shimizu because he's ino9 charge of that branch.10 Q. So, am I correct that until someone is hired for1011 that position, Mr. Shimizu would take on the11L2L2 responsibilities of the complaints investigator?13 A. Mr. Shimizu would be responsible to ensure that 13T414 that function is fulfilled -1515 Q. Okay.1616 A. -- until it is filled.T717 Q. And can you tell me the names of any of the1B18 former members of the enforcement team?1919 A. Not at the moment.2020 Q. And is that because you just -- you don't272I remember their names or -2222 A. That's correct.23 Q. To your knowledge, is anyone on the enforcement 232424 team -- let me strike that and start over with the2525 question.1Page 25Q. And what was happening this morning?A. The crew was continuing to work along Ohe Street.Q. Were there any homeless individuals still on OheStreet, or was the entire area roped off?A. The area was roped off.Q. Okay. So, at this point they were just clearingwhat was remaining on Ohe Street; is that correct?A. That's correct.Q. And at the time you were there, was anyone otherthan the enforcement team or the City Police Depaftmenthelping them -- was anyone other than those people ableto access the poftion of Ohe Street where you wereconducting the enforcement action?A. There was somebody that was not a member of thepolice depadment or the city enforcement team thatentered the area that was cordoned off.Q. Okay. And who was that? Was that another Cityemployee or someone that --A. No. It was just somebody else.Q. Okay. Someone who was not authorized to go in?A, That's correct.Q. And how was that situation handled?A. The police escorted the person out.Q, Do you know if that person was arrested or whathappened to the person?7 (PagesRALPH ROSENBERG COURT REPORTERS, INC.(B0B) s24-209022to25)Appendix D1

Page eceived in the form of complaints.Q. How many times in the last year would youestimate an enforcement action has been conducted on the4weekend?1impounds ordestroys items in public places, is that always donepursuant to the SNO and SPO procedures?A, Can you repeat the question?MR. KACPROWSKI: Can you repeat that,23Page 28A. I do not know.Q. Now, when there -- when the City2567THE COURT REPORTER: Sure.trash truck that will then be taken to the dump or toput something somewhere to be recycled or dismantled.So, with that being said, are you able to answer thequestion?it.familiar with every instance. So, theanswer that I give you may not reflect the truenumber --Q. Okay.A. -- but I -Q. Go ahead. Do your best.A, To the best of my knowledge, maybe a few timesQ. Uh-huh.A. Two, maybe three times.Q. Okay. Now, I've heard -- I've seen in priorB(The court repoder read the following:"Now, when there -- when the CiÇ impounds or destroysitems in public places, is that always done pursuant tothe SNO and SPO procedures?")A. What do you mean by "destroy"?Q. (BY MR. KACPROWSKI) That's a good question. So,for the purposes of the deposition, what I mean when Isay "destroy," I'm going to include put something in aMR. AOKI: Sorry. HoldA, I'm notWould you mindreading that back?(The court reporter read the following:"Now, when there -- when the City impounds or destroysitems in public places, is that always done pursuant to910117213741516t71Btestimony -- and I don't know if it's yours orMr. Shimizu's declarations in this case -- that the SPOand SNO is complaint driven. Is that something thatyou -- you would agree with?A. Yes.Q. And what exactly19202t22232425does that mean, that it'scomplaint driven -- that the enforcement actions arecomplaint driven?A. The City receives complaints regarding anythingthat's blocking access to sidewalks or to publicfacilities, and we respond to those complaints.Page 271 the SNO and SPO procedures?")2MR. AOKI: Objection, overbroad.3 A. We follow the procedures consistently.4 Q. (BY MR, KACPROWSKI) Okay. Is there a schedule5 in advance of where you conduct enforcement actions?6 A. When you say "advance," what are you speaking of?7 What kind of time frame are we talking about?B Q. Well, let's start, you know, a day ahead of time.9 Do you know in the morning where you're going to be the10 rest of the day?11 A. For the enforcement team?12 Q. Yeah.13 A. It's possible.14 Q. And how long in advance are enforcement actions15 planned?16 A. I can't say -- speak to that directly because I'm17 not involved in the planning process for the schedule,18 Q. Okay. Are the enforcement actions conducted19 every day -- every workday, Monday through Friday?20 A. Most days.2L Q. Are they ever conducted on the weekend?22 A. There may be times when they're conducted on23 weekends.24 Q. When might that be?25 A, If the need arose to address some issues that wePage 29Q. And when you receive a complaint, how quickly is1234567B91011T213the Çpical turn-around between receiving the complaintand the conducting of an enforcement action?A. I can't answer that question. I'm not involvedin that process of receiving the complaints andscheduling the enforcements.Q, Okay. So, are you testifying you're not -- youdon't have sufficient knowledge to answer that question?A, That's correct.Q. How about -- how often is an enforcement actionconducted without a specific complaint?A. I'm not aware of any enforcement action thathappens without a specifìc complaint.19Q, So, for the Kakaako enforcement action that hasbeen ongoing for the last month or so, what specificcomplaints were those -- was that enforcement action inresponse to?A. The number of complaints that we receive frompeople either traveling to, through, or work in the20area,2IQ.T41516L71B22232425Can you tell me anything about the processbetween receiving a complaint and conducting anenforcement action?A, I'm not sure I understand your question.Q. Well, let me -- let me rephrase it or let meB (Pages 26RALPH ROSENBERG COURT REPORTERS, INC(B0B) s24-2090Appendix D1to 29)