2001-07-27 Police Commission Minutes

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Regular Session Minutes July 27, 2001 Page 3 NEW BUSINESS: • Hawaii State Law Enforcement Official's Association Conference August 14 -16, 2001. Topics for discussion at commissioners' meeting on August 16. Chair Okabe reported that registrations have already gone out for the conference which will be held at the Outrigger Waikoloa Beach Resort. A commissioners' breakfast meeting will be held on August 16 to discuss common concerns. • National Association for Civilian Oversight of Law Enforcement Conference, October 9 -12: Chair Okabe reported that in the past, the chair and vice chair have attended this conference. However, if the commissioners wish to change this practice, they need to make a motion. Commissioner Mills moved that the chair and vice chair attend this conference, and if either one cannot, they should have an alternate. The motion was seconded by Commissioner Muller and unanimously carried. Chair Okabe asked that he be notified if anyone is interested in attending this conference. EXECUTIVE SESSION Commissioner Lambeth 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 Vice Chair Manago and unanimously carried. The commission convened into executive session at 11:56 a.m. and then reconvened back into regular session at 12:15 p.m. ACTION ON EXECUTIVE SESSION MATTERS Consideration and Deliberation of Complaints HPC 01 -11: Complainant alleged that while conducting an investigation, an officer failed to treat him in a fair and impartial manner when he dealt with the evidence and facts of the investigation. Commissioner Lambeth moved that the allegations of misconduct were unfounded and not based on facts. The motion was seconded by Commissioner Muller and unanimously carried. HPC 01 -20: Complainant alleged that while investigating the theft of rubbish from his residence, an officer walked around his property without permission and acted in a hostile manner. Commissioner Mills moved to decline any further investigation on the complaint because there was no misconduct on the part of the accused officer. The motion was seconded by Vice Chair Manago and unanimously carried. HPC 00 -25: Complainant alleged that while complaining to an officer over the phone about his tenant's barking dogs, the officer spoke to her in an arrogant manner and used insolent language, and that he commanded a subordinate not to respond to her complaint. Wood & Tait's investigation was reviewed. Vice Chair Manago moved to dismiss the complaint due to the complainant's falsification of her notarized complaint. The motion was seconded by Commissioner Moe and unanimously carried. Corporation Counsel Ashida advised that the commission is an aggrieved party if it believes the person has knowingly falsified a document. Notarizing the complaint may constitute the crime of false swearing in an official matter, and either one of the commissioners can file a criminal complaint with the police department.