2001-05-18 Police Commission Minutes

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Regular Session Minutes May 18, 2001 Page 6 EXECUTIVE SESSION Commissioner Moe moved 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 motion was seconded by Commissioner Mills and unanimously carried. Corporation Counsel Ashida stated that the deliberations will be done closed to the public. This will become a public record only if as a result of the complaint the officer is terminated or fired. The commission convened into executive session at 1:40 p.m., and then reconvened back into regular session at 5:10 p.m. OFFICER DEXTER VERIATO gave a demonstration on the proper use of handcuffs in response to complaints of handcuff use. ACTION ON EXECUTIVE SESSION MATTERS Complaints for Consideration HPC 00 -59: Complainant was arrested for drinking in public and resisting arrest. He alleged malicious use of physical force by the officers while affecting his arrest. He also alleged that the sergeant on duty allowed the officers to throw him against the wall and allowed him to be in his clothing with feces. Following an investigation of the complaint, the commission found that the allegations could not be supported, and the officers acted in a lawful and proper manner. Commissioner Lambeth moved to exonerate the officers. The motion was seconded by Commissioner Muller and carried with a nay vote from Commissioner Mills. HPC 00 -77: Complainant was arrested for DUI. He alleged that he told the officer that he was a crippled with pins in both shoulders and it would be torture for him to have his arms handcuffed in back. The officer did it anyway. While at the station, the officer placed a closed fist at his neck and pushed him down on a bench. Following an investigation of the complaint, the commission found that the allegations could not be supported, and the officer acted in a lawful and proper manner. Vice Chair Manago moved to exonerate the officer. The motion was seconded by Commissioner Lambeth and unanimously carried. HPC 01 -09: Complainant was arrested for DUI. He alleged that the handcuffs were too tight and the officer would not loosen it, he was not allowed to use the restroom, and when he tried to standup, he was forced face down to the ground. Vice Chair Manago moved to refer the complaint to the investigator for additional investigation. The motion was seconded by Commissioner Mills, and carried with an abstention from Commissioner Bertsch.