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Hawaii Police Commission <br /> Special Meeting Minutes <br /> December 12, 2022 <br /> Page 25 <br /> there. We can't just hope it won't happen again, it's going to happen. We're <br /> going to have to start having those conversations. <br /> ➢ Paul Applegate stated unequivocally, he will not knowingly violate any law. If <br /> there's any question if an order or directive violates any law, he would seek an <br /> opinion from Corporation Counsel or whatever legal body he could get that <br /> opinion from at the county. He would also use a collaborative approach for a <br /> peaceful resolution. He wasn't here when that happened, but he did see the <br /> coverage on the news. He believes in those situations diplomacy, collaborative <br /> approaches are one of the means to bring a potentially volatile situation under <br /> control and to all the concerns of all the stakeholders and those involved. <br /> ➢ Sherry Bird stated she will not knowingly violate any laws or ethics standards. <br /> If there was a question that arose about a particular directive, definitely seek <br /> the professional opinion of corporation counsel, engage in that conversation, <br /> and see if there's a way that we can resolve the issue without violating any <br /> type of laws or standards. TMT and that project are definitely a touchy and <br /> sensitive situation. It's going to come up again at some point, so we should <br /> begin dialogues and start talking about that process so that when it does <br /> approach us again, we have a plan in action already. As far as the ethics <br /> violation, it's definitely nothing she would participate in knowingly. <br /> ➢ Benjamin Moszkowicz stated he thinks it might be a little more subtle and a <br /> little more nuance than an absolute I will never violate any law. He doesn't <br /> think anyone up there would act unethically, he doesn't think anyone up there <br /> would act without integrity. There are times when the legislature, city council, <br /> or congress establishes a law that the Supreme Court deems to be <br /> unconstitutional. He thinks the number one role of a person in this position is <br /> to respect and protect the rights of citizens. When you include the Supreme <br /> Court and the Constitution as guidance then it becomes a little more clear. <br /> There are a lot of resources that are available to a police chief; legal advisor, <br /> corporation counsel, best practices that are going on, and State Attorney <br /> General's office. Unless we're talking about a "really emergency gotta decide <br /> right now" situation then he thinks it's important to slow down in those periods <br /> to seek advice and to keep the department out of trouble. As leaders, we don't <br /> know everything and we don't know all the subtlety and nuance, but to get <br /> those differing opinions and then based on that counsel, make an informed <br /> decision is very important. The number one thing is to make sure that rights <br /> are protected and whether that be citizen's rights or in a different scenario <br /> where you're talking about the rights of employees that work for the <br /> department. There might be a public outcry for the police department to <br /> release information about an employee. While the employees are also citizens <br /> of the United States and citizens of the State and they have rights as well to <br /> their privacy. Understanding that balance is where the secret is and where the <br />