2024-07-19 Police Commission Regular Minutes

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Hawai'i Police Commission Regular Session Minutes July 19, 2024 Page 7 DCC Salas-Ferguson reminded the commission of the standard of evidence they should be using, which is the preponderance of the evidence. He clarified that the commission refers a case to the police chief if the evidence proving misconduct outweighs the evidence disproving it. Chair Robinson asked counsel to explain the preponderance of evidence standard. DCC Salas-Ferguson clarified that it means there must be more evidence of misconduct than not, comparing it to a scale. He noted that the commission assesses witness credibility and decides which testimony is more convincing. It's within the commission's right to determine whether there's sufficient evidence to support either side. Commissioner Lacerete expressed concern that they lacked sufficient information to make a judgment, as no one investigated whether she spoke to anyone at the business. DCC Salas-Ferguson explained that the decision should be based on the evidence presented today and each member's interpretation of it. If the evidence favors the complainant, it should be referred for further investigation; if not, it should not be referred. He emphasized that the decision is up to each commissioner and that a motion must be made, seconded, and discussed before voting. Even if unsure, someone can motion to open a discussion. Commissioner Quartararo noted they could proceed to vote on the motion as it is, to which DCC Salas-Ferguson agreed, that there was a motion and a second, so now the commission can discuss. Chair Robinson asked if there was any further discussion. Hearing none, he called the vote on the motion. Aye called out by Tavares, Commissioner Quartararo opposed it. The motion failed for lack of vote. Commissioner Quartararo made a motion to decline, the complaint on its face is speculative, hypothetical, or not based on factual circumstances and there is insufficient evidence to prove the complainant's allegations. Chair Robinson asked for a second three times, but there was none. Motion failed. Chair Robinson stated the original motion failed due to lack of majority. The subsequent motion failed for lack of a second. He explained that they needed to take some action. He stated since the subsequent motion failed, they could go back to the original motion and take another vote on the original motion. Chair Robinson announced the original motion which was to refer to the chief for further investigation that failed due to lack of majority vote. He took another vote to refer to the chief for further investigation, the motion carried unanimously. The complaint will be referred to the chief for further action. Commissioner Tavares clarified with Chair Robinson that he too voted aye as well, to which Chair Robinson stated yes.