2001-03-16 Police Commission Minutes

Home

March 16, 2001 Regular Session Minutes Page 3 administrative complaints. Police officers are mandated to answer questions pertaining to their conduct on administrative investigations. Losing that, management may not be able to determine their conduct and take appropriate disciplinary action. State -wide all police chiefs, corporation counsels, and personnel directors are opposing this bill. They are asking support by the police commissions because it may also impact their investigations. Right now officers voluntarily give a statement to the commission's investigator. If this passes, officers will be pleading the fifth amendment. Officers are afforded all their civil rights when they are investigated criminally. Commissioner Moe stated that this is another element that usurps their authority to administer discipline. This matter gives him some difficulty. When they get complaints, they look on the complaints and based on their own personal, intuitive, intellectual, emotional feeling they make decisions, like an Ouiji board, on what to accept for investigation. Then they go into a private investigative element, spend taxpayer's money to give them a lengthy report which basically doesn't tell him anything. It might say that the complainant looked like he has a straight face and talked truth. On the other hand, they have no opportunity to quiz the police officer. What the Chief is saying is this bill will further erode elements of supervision. Chief Correa stated that it certainly will erode management's rights to manage employees. It will also include discovery like a civil process and calling of witnesses and depositions. It could be a long, drawn out process with an appeal process. Normally these kind of things are negotiated in a collective bargaining agreement and not mandated by statute. Commissioner Moe moved to support this request to oppose Senate Bill 848. The motion was seconded by Commissioner Mills and unanimously carried. Corresp. 40, complainant's in HPC 00 -71A and 71B request a reconsideration on the commission's decision that there was no misconduct in their complaint. Chair Okabe called for a motion for reconsideration. No motion was made. The motion to accept the Kauai and Maui Police Commission minutes and Corresp. 36 to 45 unanimously carried. COMMITTEE REPORTS • Budget and Finance: Vice Chair Manago reported that they will be meeting with the County Council on the 2yh. The budget is status quo with the exception of adding new officers to the Kona District. The commission had no objections to the budget. Office Management and Staffing: Chair Okabe reported that Ms. Pelayo will be on vacation during the spring break and will return to work on April 3. Commissioner Williams stated that he has been with the commission for the past five years, and if memory and his research is correct, the commission's secretary has received two small job step increases. Her responsibilities are grave, and she is outstanding in the handling of all these responsibilities. He requested that Chair Okabe and Commissioner Muller of the Office Management Committee work in attaining a possible upgrade or raise for Ms. Pelayo. She does an outstanding job, and without her this commission would be hard pressed to get a lot of work done.