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Hawaii Police Commission <br /> Regular Session Minutes <br /> May 19, 2023 <br /> Page 3 <br /> to go back to court on June 16t". Because this case is pending, he thinks it's premature for <br /> the Police Commission to become involved at this stage. There continues to be <br /> interactions between his clients and Officer Gaspar, so his clients have filed and obtained <br /> a temporary restraining order against him, which is set for a hearing next week. Mr. Seitz <br /> stated he doesn't think the Police Commission has enough information and they are not in <br /> a position to give additional information, other than what was filed with the complaint <br /> because of these other pending matters. He feels this matter should be tabled for the time <br /> being until litigation proceeds then come back in September when they're in a better <br /> position to be able to articulate their concerns and his clients can testify without worrying <br /> about how their testimony might be used or viewed in other proceedings. <br /> Chair Robinson confirmed that the complainants would like to hold this until September, to <br /> which Mr. Seitz stated yes. Chair Robinson opened the floor for questions. <br /> Commissioner Bertsch asked Mr. Seitz if he was representing those two individuals or the <br /> family as a whole. Mr. Seitz stated he represents the family; the parents who filed the <br /> lawsuit for wrongful death, and these two individuals in this case as well. Commissioner <br /> Bertsch asked if the case he was referring to is the TRO case. Mr. Seitz stated this case is <br /> both the TRO and the complaint with the Police Commission. He also represents Jake <br /> Kahele-Bishop in his criminal case. <br /> Commissioner Bertsch stated that administratively, they need to be cautious. They have <br /> certain time frames they need to follow within their rules. He believes they would have to <br /> ask them to resend the complaint, he's not sure if they could hold it because of the time <br /> constraints. The date of the incident is March 13, 2023, Commissioner Bertsch explained <br /> the 90-day rule. <br /> Chair Robinson stated if they re-send, they would start all over again and they could be <br /> outside of the 90-day window, but if they hold this, it would still be an active case, it would <br /> continue until September, and they could just reschedule it for September. Commissioner <br /> Bertsch stated he believes OPS also has a 12-month criteria. He doesn't want to find out <br /> later that they've done something wrong administratively which could preclude them from <br /> being able to look into this case. <br /> DCC Frenz stated under the Rules of Practice and Procedure for the Police Commission, <br /> Rule 6 specifically states that the commission shall not consider complaints if the identical <br /> allegations of the complaint are being or will soon be litigated in a criminal action, or the <br /> complainant has given notice of the complainant's intention to seek remedies through a <br /> civil suit. <br /> Mr. Seitz stated Mr. Kahele-Bishop is not a party to the civil suit, he's a party to the <br /> criminal case, which arises out of these same events. He typically doesn't tell people to file <br /> Police Commission complaints under these circumstances because it involves discovery <br /> and the current problems. They filed this complaint before he became involved, but he <br />