2024-08-08 Police Commission Regular Minutes

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Hawai'i Police Commission Regular Session Minutes Special Meeting August 8, 2024 Page 10 Commissioner Lacerte expressed that she is more interested in knowing whether discipline was imposed rather than the specifics of suspensions or terminations. Commissioner Tavares noted that he doesn't believe they are receiving information about whether complaints were sustained. Chief Moszkowicz responded that Ms. Correa mentioned this information is provided to them. Commissioner Lacerte reiterated that her primary concern is to ensure accountability and to know if any actions were taken. Vice Chair Bertsch noted that the commission is seeking more detailed information. Historically, predecessors were very forthcoming and shared ultimate details or at least answered questions, while others were less forthcoming. He emphasized that it is up to the chief to provide the commission with the information needed to make well-informed decisions, within appropriate bounds. Chief Moszkowicz indicated that he is unsure about what can be shared but is willing to provide information if he is authorized to do so. Chair Robinson informed the chief that at their next meeting, they will form a working group to move forward with revisions and will likely seek his input throughout the process. He thanked the chief for his contributions. Deputy Corporation Counsel Cody Frenz addressed the commission to clarify a few points. She explained that OPS attends commission meetings and provides updates on complaints, including details in the final reports. However, as the chief noted, personnel files are protected by law, and the commission is not entitled to access them at this time. According to the Charter and current rules, the commission cannot access personnel file information until the grievance processes are completed, which includes 90 days after the highest level of grievance. She advised the chief to withhold such information to avoid privacy violations, as the Charter and rules do not mandate its disclosure. The commission will receive updates on whether complaints are founded or unfounded at each hearing Chair Robinson clarified that the information can be provided once it's legally permissible. DCC Frenz agreed, stating that it's just a matter of timing. Vice Chair Bertsch acknowledged this, noting that it's reasonable since there are cases where administrative remedies have been exhausted, allowing the commission to review and learn from them. These cases still serve as valuable educational tools, helping the commission gain a better understanding and avoid feeling uninformed, even if the case is from years ago. Chief Moszkowicz added that some cases can remain in arbitration for several years. Vice Chair Bertsch asked Chief Moszkowicz if he could share information on pending grievances with the commission. Vice Chair Bertsch mentioned that SHOPO had approached him, questioning why the commission doesn't attend the monthly or quarterly grievance meetings with the chief. Chief Moszkowicz clarified that such meetings don't exist in that form. However, regarding the process, he explained that they meet with SHOPO quarterly and, despite offering to establish a formal process to address grievances predating his tenure, this has yet to materialize.