2002-01-18 Police Commission Minutes

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January 18, 2002 Minutes — Regular Session Page 2 Last January 31, Chief Correa stated that he is seeking to have the Hawaii County Police Department accredited. That has not happened. They don't need to have any more statistics and other non - meaningful dribble. They need real answers to real situations that plague the Hawaii County Police Department today. He has let some of these things slide by for too long. He's going to call everything as he sees it, when he sees it. He told the commission to lead, follow, or get the hell out of the way because they are going to do something about it. Commissioner Kama stated that he doesn't like Mr. Pranke's "get out of the way" attitude, and suggested that he eliminate that kind of talk, to which Mr. Pranke apologized. Mr. Pranke further stated that with regards to the Corey Yamanouchi case, officers have told him that they don't bother with third parry complaints because the prosecutors won't handle them. Corporation Counsel Ashida responded by saying that he was the prosecutor who prosecuted Mr. Yamanouchi. Generally third parry complaints are handled very cautiously with the exception of terroristic threatening because there is a Hawaii Supreme Court opinion that allows an arrest and prosecution based upon third parry complaints. So, that particular crime was treated differently. EXECUTIVE SESSION STATEMENTS ON AGENDA ITEMS Commissioner Lambeth moved to meet in executive session to consider charges brought against officers of the Hawaii County Police Department where personal 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. Commissioner Muller seconded the motion. Del Pranke objected stating that they need to know what the privacy matter is. Corporation Counsel Ashida stated that the commission may go into executive session to consult with him. There is an exception in the Sunshine Law which authorizes discussion when it deals with matters pertaining to discipline. The OIP has advised them, and the practice which is initiated here and to which OIP agrees, is that they allow the public to have their statement heard in open session. However, if the police officer wishes to discuss his portion in closed session, that ought to be respected under the Sunshine Law. The section is 92 -5 (2), to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved; provided that the individual concerned requests an open meeting, an open meeting shall be held. He further stated that statements may be made in public, however, if something defamatory is said, there is a possibility that a civil action may be brought against the person making the statement. The motion to go into executive session to consider charges against officers and to consult with Corporation Counsel carried unanimously. The commission convened into executive session at 10:35 a.m. and reconvened back into regular session at 11:50 a.m. APPROVAL OF MINUTES Commissioner Manago moved to approve the minutes of December 21, 2001, regular and executive sessions. The motion was seconded by Commissioner Lambeth and unanimously carried. PERSONNEL ORDERS Commissioner Lambeth moved to accept the personnel orders as listed. The motion was seconded by Commissioner Manago and unanimously carried.