2022-09-16 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes September 16, 2022 Page 7 the department has a chief that is worthy and that the public will agree with their decision-making. She asks the other commissioners to commit to this task and after this meeting, they could formulate another meeting date, commit to that date, and start moving things along. Recess was called at 10.10 a.m. The meeting reconvened at 10.20 a.m. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Robinson motioned to meet in executive session to consider charges against officers or employees of the police department where matters affecting privacy will be involved, to work on the evaluation of the Police Chief, 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). Seconded by Vice Chair Brown, no discussion, all in favor, executive session convened at 10.25 a.m. Motion to reconvene open session made by Commissioner Lassiter, seconded by Commissioner Toci, and it carried unanimously. Regular session reconvened at 2.06 p.m. Chair Bertsch announced that Commissioners Brown and Robinson left the meeting while in executive session. He noted that they were present for important discussions. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 22-32: Complainant alleges that the officer was unprofessional and rude during a traffic stop. Commissioner Toci motioned insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Sur. Commissioner Quartararo stated it should be referred to the chief for customer service for procedural and training concerns. Chair Bertsch explained there are three solutions for this case, it's either insufficient evidence, meaning there was no evidence to prove the allegations or sufficient evidence which would be referred to the chief for further investigation. The third option is to refer the complaint to the chief for customer service, to provide refresher training to officers. A vote was called for all those in favor of insufficient evidence, ayes made by Commissioners Sur, Lassiter, and Springer, opposed by Commissioners Quartararo and Toci, the motion carried, there is insufficient evidence to prove the complainant's allegations of misconduct. Chair Bertsch stated if a commissioner would like to make a motion to attach a recommendation for training to this case, the commission could do so. While the officer did his job thoroughly, training could be looked at. Commissioner Toci motioned to request training, seconded by Commissioner Lassiter, with no discussion. Ayes made by Commissioners Quartararo, Lassiter, and Toci, opposed by Commissioners Sur and Springer, motion carried.