2020-02-21 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 5 CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION Bertsch explained the Sunshine Law to the new commissioners. Corporation Counsel gives legal guidance, but does not tell them how to vote. If they proceed against the advice of Corporation Counsel, they could be out on a limb. They can represent the commission at community meetings. However, they cannot make decisions for the entire commission. They could suggest that concerns be brought before the entire commission. No one commission member can make a decision for the entire commission. Topics for discussion must be placed on the agenda so the public can weigh in on the subject. He suggested that if they get pulled over for a traffic stop, to accept the citation. They could inform the officer that he or she is a police commissioner, but that should not affect the officer's decision to cite. If they are in a committee meeting, etc., there is no problem for them to identify themselves as a police commissioner. They could come back and advise the Chief on community relations. Chair Bertsch asked the commissioner if felt the need for a Program of Work. Vice Chair Schutte didn't think they needed it. Commissioner Toci stated that with the responsibility they have on making decisions, sometimes they need more discussion. Chair Bertsch stated that if someone is uncomfortable about what someone says, they can question it. At the end of the day, that's that person's perspective. Vice Chair Schutte stated that after a vote, the Chair asks if there is any discussion, that's the time for discussion. Ms. Hall stated that the Sunshine Law states that an agenda is created so members of the public can weigh in. Allowing someone to speak on a non -agenda item is not how it works. It should be organized. Chair Bertsch explained going into executive session. EXECUTIVE SESSION Commissioner Quartararo motioned to meet in executive session to consider charges against officers or employees of the Hawaii Police Department where matters affecting privacy would be involved, to consider sensitive matters relating to public safety, and may consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92- 5 (a) (2) (4) (6) and the Hawaii County Charter Section 13-20 (b). Vice Chair Schutte seconded, and it carried unanimously. Executive session convened at 11:05 a.m. Regular session reconvened at 11:20 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ✓ Complaint HPC 19-28: Complainant alleged that during his arrest, his hand was injured when handcuffs were placed on him, and that he was not fully dressed when he was taken to the jail and hospital. Vice Chair Schutte