2001-02-16 Police Commission Minutes

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February 16, 2001 Regular Session Minutes Page 5 Vice Chair Manago stated that Mr. Russi does not want Wood & Tait to be their next investigator, and he wants to come and present that to them. Commissioner Moe stated that the public should have an opportunity to make statements in relationship to that process. Commissioner Mills inquired as to how this matter would be handled on the agenda. Ms. Pelayo stated that it could be placed on the agenda under Committee Reports, Contractual Services. They could state that requests for proposals are being accepted for investigative services. People will be able to make statements on that agenda item. Vice Chair Manago moved that they change from a public hearing to accepting public statements before they come to a decision on the next investigator. The motion was seconded by Commissioner Muller and carried with Commissioner Mills casting a nay vote. EXECUTIVE SESSION Commissioner Manago moved to meet in executive session to consider charges brought against officers of the Hawaii County Police Department where matters affecting privacy will be considered and a closed meeting is requested by individuals involved and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities. The commission convened into executive session at 11:20 a.m. and then reconvened back into regular session at 12:45 p.m. ACTION ON EXECUTIVE SESSION MATTERS Corresp. 035, dated February 7, 2001. Complainant in HPC 00 -69 requests a reconsideration of the commission's decision that there was no misconduct on the part of the accused officer. No motion was made. Corresp. 010, dated December 27, 2000, from former Police Officer Joseph T. Garguile requesting legal counsel in Civil No. 00 -1 -0360. Commissioner Mills moved that the officer was acting within the scope of his duties as a police officer and should be afforded legal counsel. The motion was seconded by Commissioner Manago and carried with Commissioners Williams and Muller casting nay votes. Consideration of Complaints against Hawaii County Police Officers HPC 00 -68A & 68B: Complainants filed a harassment complaint and alleged that the officer on the case did not follow -up on a timely manner. Commissioner Williams moved to sustain the complaint. The motion was seconded by Commissioner Muller and unanimously carried. HPC 00 -71A & 71B: Complainants alleged that an officer told untruths and misleading statements when he issued them a citation and displayed partiality and discrimination by not citing another vehicle with a similar violation. Commissioner Williams moved to decline further investigation because there was no misconduct on the part of the accused officer. The motion was seconded by Commissioner Hara and unanimously carried. HPC 00 -75: Complainant alleged that an officer yelled and used profanity in the presence of her boys following a minor car accident in a grocery store parking lot. Commissioner Mills moved to decline further investigation because there was no misconduct on the part of the accused officer. The motion was seconded by Commissioner Muller and unanimously carried.