2024-08-08 Police Commission Regular Minutes

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Hawai'i Police Commission Regular Session Minutes Special Meeting August 8, 2024 Page 6 Deputy Chief Mahuna returned to the meeting, and Chair Robinson brought up the commission's discussion about potentially hearing not only public complaints but also internal complaints from department employees. He asked for the deputy's thoughts on this. Deputy Chief Mahuna responded that he wasn't sure how it would work and asked for an example. Chair Robinson mentioned a recent complaint from an officer that the commission did not hear. DCC Salas-Ferguson clarified that the rules specifically state the commission handles complaints from the public, and while each case is reviewed individually, the commission does not have the authority to investigate internal complaints. Vice Chair Bertsch noted that this was the first time, during his tenure, that a police officer filed a complaint with the commission. At the time, the opinion was that the commission couldn't address the complaint. Looking at the rules now, they are considering how to offer an open-door policy for everyone, including officers. While officers should go through internal channels for complaints, if they feel frustrated or fear retribution, they would still have a voice with the commission. The commission wouldn't investigate the complaint but would bring it to the chief's attention for further action, with the chief reporting back to the commission. (Chief Moszkowicz returned to the meeting) Deputy Chief Mahuna asked how the commission would handle a complaint of a promotional nature if an officer brought it to them. Vice Chair Bertsch responded that, under the Charter and Rules, the commission is tasked with reviewing, monitoring, and working with the chief on promotions. If such a concern were brought before the commission, it would fall within their jurisdiction, and they would discuss it with the chief, who could then either justify the promotion or investigate the issue further. DCC Salas-Ferguson pointed out that Vice Chair Bertsch's interpretation of the Rules and the commission's authority is his own opinion. He explained that he hadn't had the chance to fully review the matter and would need a specific fact pattern to provide a legal opinion, noting that there is a lot of grey area. Vice Chair Bertsch referenced the County Charter 7- 2.2(b)(2) under the Police Commission heading. DCC Salas-Ferguson acknowledged that it states, "The Police Department shall be operated in accordance with the following," outlining what the department is required to do. Vice Chair Bertsch then asserted that the Police Commission is part of the Police Department. DCC Salas-Ferguson clarified that while the commission is part of the department, its role is primarily to hire and fire the police chief, and that this could be part of the criteria for evaluating the chief. Vice Chair Bertsch added that to effectively evaluate the chief, the commission must be informed of these matters. DCC Salas-Ferguson reiterated that the Police Department has specific duties, and the Police Commission holds the chief accountable to those standards. He emphasized that the commission's powers and duties are clearly outlined in subsection c, 1 through 9.