2024-08-08 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes Special Meeting August 8, 2024 Page 4 In discussing the executive session, Chair Robinson requested that the chief and staff remain in the room. DCC Salas-Ferguson cautioned that this would break attorney-client privilege and negate the purpose of the executive session, which is protected under §92-5 for privileged conversations with an attorney. He noted that while past practice allowed certain individuals, such as complainants or police officers, to join executive sessions, this may compromise privilege and is not advisable. Chair Robinson questioned if they should proceed with the executive session understanding that privilege would be broken or return to regular session. Vice Chair Bertsch emphasized the need for open dialogue with the police department and noted that policy decisions would be made in open session, not during executive session. DCC Salas-Ferguson suggested holding a closed executive session without the chief and staff to maintain privilege, then resuming open session to discuss matters with them. Chair Robinson proposed the chief and staff take a break for lunch and he would contact them when open session reconvenes. Vice Chair Bertsch emphasized that while reviewing their rules, they should avoid rigid constraints, as legal interpretations can vary significantly. This is the first time he has encountered this particular interpretation. (Chief and staff exited) Executive session convened at 11.23 a.m. Motion to reconvene open session made by Commissioner Tavares, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. Open session reconvened at 12.43 p.m. ACTION ON EXECUTIVE SESSION MATTERS Chair Robinson announced that during the executive session, the commission discussed their rules and regulations with corporation counsel, focusing on what is authorized under the Hawaii County Charter. REVIEW OF THE COUNTY OF HAWAI`I POLICE COMMISSION RULES OF PRACTICE AND PROCEDURE (continued) Vice Chair Bertsch reviewed Police Commission Rule 5, Section 7, which outlines the commission's role in establishing policies and serving as a liaison between the public, police, and county administration. He also explained Police Department General Order 200, stating that the police chief interprets and enforces commission policies, supervises officers, and manages the police force according to these rules. He clarified that while the commission does not directly supervise officers, it monitors them and makes recommendations to the chief.