2024-08-08 Police Commission Regular Minutes

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Hawai'i Police Commission Regular Session Minutes Special Meeting August 8, 2024 Page 3 commission. DCC Salas-Ferguson provided guidance on the procedures in cases of vacancies. • Dismissal of the Chief and Appointment of Temporary Chief of Police: The procedure for removing the chief was discussed, along with the rights of the deputy and other staff to return to their previous positions. • Methods by which the Public can Obtain Information: FOIA (Freedom of Information Act) requests were discussed as a method for the public to obtain information, subject to certain exceptions. • Privacy: The discussion covered privacy and the management of protected information, emphasizing the importance of confidentiality. Commissioners were reminded not to disclose any information to the media or external parties. For any questions, they should consult with the chair, who can review the issue with counsel. • Counsel for Police Officers: The discussion addressed legal representation for officers. State law mandates that the county provide and pay for an attorney in criminal cases where an officer is prosecuted or sued for actions performed in the line of duty. For civil cases, representation is managed by corporation counsel or county attorney. The Commission will assess whether the officer's actions were within the scope of duty, consulting with the county attorney or corporation counsel, who may offer recommendations at their discretion. It was noted that these situations can be complex, and decisions should be made with careful consideration, as they impact the department, the county, and the individual officers. • Contested Case Procedure: This rule spans about 5 or 6 pages and details the management and administration of a contested case hearing. The commission would hire or appoint a hearing officer for such cases. The policies and procedures for these hearings are codified elsewhere and cannot be altered by the commission. Post- hearing procedures outline how the contested case officer would manage and conduct the proceedings. Recess was called at 10.53 a.m., the meeting reconvened at 11.09 a.m. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Vice Chair Bertsch motioned to meet in executive session to consult with the commission's attorney on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities related to the amendment of the Commission's Rules of Practice and Procedure pursuant to HRS 92-5 (a)(4). Seconded by Commissioner Lacerte, it carried unanimously.