2021-03-19 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes March 19, 2021 Page 5 Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Schutte seconded, and it carried unanimously. • Complaint HPC 21-20: Complainant alleged that when responding to his noise complaint, an officer was unprofessional, rude, and suggested that he would be arrested for making unsubstantiated claims. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sure seconded, and it carried unanimously. HPC 21-08 (revisited): Chair Bertsch stated that the complaint is insufficient inasmuch as the factual times, dates, and officers. The lieutenant (Officer #1) presented himself because he was listed on the complaint. Officer #2 was also listed on the complaint. The date of 1/9/21 is contrary to the date that Officer #1 stated that he was on the case. The written complaint has the incident dates of 1/9/21 and 1/22/21. According to the lieutenant's testimony and the documentation that they have associated with this complaint, neither officer was on scene during the time and dates of this complaint. He doesn't know if the recording is associated with 08, 07, or 09 or the date and time given. He can only rule and act upon complaints that are brought correctly in front of the commission. He gave instructions in 09 to the individual that she could bring forth additional complaints. In his opinion, as the Chair, he cannot rule sufficient on this particular complaint, and that is why he ruled insufficient. He called for a motion. Vice Chair Schutte motioned that there was insufficient evidence. Commissioner Lassiter seconded. Ayes: Bertsch, Lassiter, Schutte, Sur. Nay: Quartararo, Brown. The motion died. This will be continued to the next meeting. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for April 16, 2021, 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 12:39 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH CHAIR