2001-10-19 Police Commission Minutes

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October 19, 2001 Regular Session Minutes Page 3 • Contractual Services: Commissioner Kama asked for an explanation on his role on the contractual services committee. Chair Okabe responded that the committee basically works on the investigator's contract. Commissioner Kama could follow- through and find out the status of the contract. Ms. Pelayo reported that she spoke to Bill Gray, Purchasing Director, and was informed that they are waiting for the contractor's tax clearance before finalizing the contract. Public Relations: Chair Okabe reported that last week he sat on the Sunshine Law Panel. Not very many people attended, mostly those who frequented the commission's meetings. Privacy issues were brought up and that when an officer requests executive session, they need a specific reason for it. Corporation Counsel Ashida stated that executive session has to be determined on a case -by- case basis. First, the commission has to determine whether there is a significant privacy interest under Section 92 -5. It's the commission's call. An allegation was made that when an officer requests executive session, the secretary makes the call. Commissioner Hara stated that when there is a complaint against any officer, there is a potential for disciplinary action if it is sustained, so it does affect his privacy. Corporation Counsel Ashida reported that OIP seems to indicate that just because it's a disciplinary matter doesn't mean it equals a privacy interest. They did indicate that it's a policy decision that the commission can make. They can set parameters of privacy. It is not defined anywhere in Chapter 91, 92, or 92 -F, which means they are not wedded to a definition of that, and they can set the scale that is appropriate. Commissioner Lambeth stated that OIP makes recommendations, and the discretion is left up to the commission. What they recommend is not the law. Corporation Counsel Ashida stated that she is absolutely correct, but the court looks to their opinion as guidance. Commissioner Mills stated that the discretionary powers rest with the commission. Someone might argue with them, but all they have to do is follow their rules. Corporation Counsel Ashida stated that OIP also stated that the spirit of the law is to promote openness. So, if they decide to close a meeting, they need to be on solid ground. Commissioner Muller stated that when an officer calls, he should be asked why he wants an executive session. Corporation Counsel Ashida stated that was an excellent suggestion and that is only for when people come before the commission with their complaint. The commission's deliberations can still be kept closed. If the commissioners believe they don't want any part of any possible slander or defamatory action brought by anyone, they can inform people that they can do it outside of the meeting but not in the meeting. The commission could look into fashioning