2024-10-18 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 7 conflicts on the agenda and advised Commissioner Sur that he could remain if he wished, but Commissioner Sur decided to leave. Commissioner Sur left the meeting at 10:37 a.m. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Vice Chair Bertsch motioned to meet in executive session to consider charges against officers or employees of the police department, where matters affecting privacy will be involved; to consider sensitive matters related to public safety, and may consult with the board's attorney on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a)(2)(4)(6) and the Hawaii County Charter Section 13-20 (b). Seconded by Commissioner Tavares, with no discussion, it carried unanimously. Executive session convened at 10:38 a.m. Vice Chair Bertsch motioned to reconvene open session. Seconded by Commissioner Tavares, with no discussion, and it carried unanimously. The regular session reconvened at 1:31 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints: o HPC 24-19: Complainant is dissatisfied with how their burglary case was handled. Vice Chair Bertsch motioned that there was sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Tavares. Vice Chair Bertsch added that there seems to be a lot of grey area between when the complainant filed the case HPD, only to have it circle back after the DEA suddenly found money used for bail when in fact it seems that the complainant progressively provided HPD information that could have been used for this case. Whether this directly pertains to the named officer or the overall handling of the case is something he believes should be determined by the investigator. There was no further discussion, the motion carried unanimously. o HPC 24-21: Complainant is dissatisfied with how his traffic collision report was handled. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Buckman. Commissioner Tavares stated he is still recusing himself because he wasn't present for the complainant's testimony. There was no quorum, the motion failed and will be deferred to the next agenda. o HPC 24-28: The complainant alleges officers entered his property without consent and detained him without justification. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Quartararo. Commissioner Tavares expressed uncertainty about how to proceed regarding HPC 24-28. While he agrees with the current motion, he would like to explore the possibility of investigating the other