A Hawaii County police commissioner is suing the Hawaii Police Department and one of its senior commanders.
The civil litigation was filed July 12 in Hilo Circuit Court by Hilo attorney Ted Hong on behalf of Anthony Sur, a Hilo dentist and a member of the Hawaii County Police Commission. The suit seeks unspecified economic damages from Assistant Chief Kenneth Quiocho and the department.
It’s likely the first time that a police commissioner has sued an officer, or vice versa.
“It’s a unique lawsuit,” Hong said Wednesday.
The complaint alleges Quiocho violated Sur’s right to privacy by disclosing to the county Board of Ethics in a 2023 complaint against Sur that he carries a concealed firearm. It also alleges that the department failed to properly supervise Quiocho.
According to the filing, HPD and Quiocho “violated their statutory duty to keep (Sur’s) information and identity regarding his license to carry a concealed firearm confidential and violated (Sur’s) right to privacy.”
The suit claims that because of Quiocho’s actions and HPD’s failure, Sur is entitled to damages because of “mental and emotional distress, anguish and humiliation.”
The complaint states that Sur, who has been a commissioner since Jan. 1, 2020, was the victim of an assault with his wife present in 2019. A suspect was arrested and prosecuted for third-degree assault, and Sur was granted a concealed carry license in December 2022.
An exhibit attached to the complaint is a 1995 opinion letter from the state attorney general that says the state’s gun registration law mandating “all registration data that would identify the individual registering the firearm by name or address shall be confidential” extends that confidentiality to those granted permits to carry firearms.
Hong called Quiocho’s disclosure of Sur’s concealed carry license “the straw that broke the camel’s back.”
“He had no right to go into the firearms records and see that … and let other people know,” Hong said. “Someone physically attacked (Sur) in front of his wife, and that’s why he was concerned for his safety and his family’s safety. He applied for and received his concealed carry permit based on that. The whole purpose of a concealed carry is not to advertise.
“And now, that’s just down the tubes.”
On March 23, 2023, Quiocho filed a complaint with the Board of Ethics — which was included as an exhibit with in suit — alleging that he and Sur have had a contentious relationship since 2020, when Sur called to complain that officers who had investigated his assault complaint had not submitted photographs of his injuries to prosecutors.
Quiocho wrote that his review of the incident found that Sur was incorrect and that the photos had been submitted, which Quiocho said led Sur to “argue his point which was not arguable at this juncture.”
Quiocho’s complaint said Sur told him, “You know who I am, right?” In his complaint, Quiocho said he knew Sur is a commissioner and took offense that Sur “was using his position to try and influence me.” Quiocho said Sur accused him of yelling at Sur, which Quiocho denied.
According to Quiocho, during a closed executive session hearing in 2022 regarding a public complaint against Quiocho, Sur “reverted to the conversation that I had with him in 2020, stating that I was rude and yelled at him or treated him similar to the statement in the complaint.” Quiocho wrote it was “clear that Sur harbored resentment … and felt slighted by me for not recognizing his status as a police commissioner.”
The animosity came to a head during a commission meeting in Kailua-Kona on March 17, 2023, according to documents. Quiocho’s ethics complaint said Sur disagreed and vigorously argued with Chief Benjamin Moszkowicz’s opinion that he could sign off on a concealed carry license if an NRA-certified instructor found the applicant was qualified, even if the certification of proficiency stemmed from a different course of instruction than the one recommended in written police policy.
Quiocho said he rose from his seat and asked Sur, “What are you talking about?” — taking the chief’s side in the dispute. According to Quiocho, Sur responded, “I am tired of you yelling at me, Quiocho!” and called Quiocho “an a—hole.”
Chairman Thomas Brown allegedly banged his gavel and called for a recess. According to Quiocho, he got up to leave, whereupon Sur left the dais, intercepted Quiocho and invited him to “go outside.”
Quiocho said Sur invaded his personal space, and he told Sur to back up, which he did, Quiocho’s complaint states. Quiocho then left and heard Sur call him an “a—hole” again, according to the complaint.
Quiocho ended his complaint by calling Sur’s behavior “concerning as it was directed toward me as a police officer,” and requested Sur’s removal from the commission.
“What would stop him from behaving like that with a member of the public if he is willing to ask a uniformed police officer to go outside?” Quiocho wrote. “Not to mention he carries a concealed firearm. I wonder if anyone has ever asked if he is carrying his firearm in the commission meeting?”
On May 10, 2023, Both Quiocho and Sur testified before the Board of Ethics, which also questioned the Corporation Counsel attorney assigned to the Police Commission and listened to an audio recording of the March 17, 2023, commission hearing.
The board, in its written opinion dated June 14, 2023, said Quiocho interrupted the March 17, 2023 commission meeting “with an argumentative and out-of-turn outburst” but found, by a 6-0 vote, that by leaving his seat and calling Quiocho an a—hole, Sur violated the Code of Ethics requiring county officials “to treat all persons in a courteous, fair, and impartial manner.”
The opinion was transmitted to Mayor Mitch Roth. Any action taken didn’t include removal of Sur, who remains a commissioner.
Sur’s lawsuit has been assigned to Hilo Circuit Judge Peter Kubota, who has not yet set a hearing.
The Tribune-Herald reached out to the Corporation Counsel but didn’t receive a response in time for this story.
Email John Burnett at jburnett@hawaiitribune-herald.com.