2001-04-20 Police Commission Minutes

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Regular Session Minutes April 20, 2001 Page 5 ACTION ON EXECUTIVE SESSION MATTERS • Corresp. 049 and 050, regarding requests for legal counsel by Officers Juergen Canda and Detective Ron Paul in Civil No. 01 -0 -0094. Vice Chair Manago moved to approve the request for legal counsel. The motion was seconded by Commissioner Hara and unanimously carried. • Corresp. 051, 052, 053 regarding Wood and Tait's presentation of its investigative reports. Commissioner Lambeth moved to place these on the next meeting's agenda for further discussion. The motion was seconded by Vice Chair Manago and unanimously carried. • Corresp. 054 regarding establishing written protocols for requesting personnel records of police officers. Commissioner Mills moved to defer this to the next meeting. The motion was seconded by Vice Chair Manago and unanimously. • Consideration of Complaint HPC 01 -12: Complainant was arrested for abuse of a family household member. She alleged that she was pulled out of her car, shoved face first into the car, handcuffs were too tight, and the officer refused to put her seatbelt on. She also complained that she was told either her husband or social worker would have to care for her baby but officer tricked her and told her she could lose her child to CPS. The officer also taunted her. Commissioner Lambeth moved to sustain the complaint based on the credibility of statements made by the complainant and the accused officer. The motion was seconded by Commissioner Mills and unanimously carried. Deliberation of Complaints Investiaated • HPC 00 -42: Complainant alleged that an officer failed to arrest a man for violating a restraining order, stated he would not assist her because she filed a complaint with his superiors, and used harsh language and tone in their telephone conversation. Commissioner Mills moved to exonerate (the incident occurred but was lawful and proper) the officer on the charges of Standard of Conduct; Performance of Duty; and Obedience to Laws, Written Orders, Policies; and to not sustain (there was insufficient evidence to either prove or disprove the allegation) the charge of Falsification of Records. The motion was seconded by Commissioner Lambeth and unanimously carried. • HPC 00 -46: Complainant filed a harassment complaint. She alleged that the responding officer failed to perform his duty, failed to obey the laws, and was not impartial. Commissioner Mills moved to exonerate (the incident occurred but was lawful and proper) the officer on the charges of Performance of Duty, Obedience to Laws, Written Orders, Policies, and Impartial Attitude. The motion was seconded by Commissioner Lambeth and unanimously carried. • HPC 00 -63: Complainants alleged that an officer used harsh language over the phone and misused his position to conduct non - police activities. Vice Chair Manago moved to defer the complaint in order for the commission to ascertain whether or not the officer was on duty. The motion was seconded by Commissioner Hara and unanimously carried.