2002-06-21 Police Commission Minutes

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HAWAII COUNTY POLICE COMMISSION MINUTES — REGULAR SESSION JUNE 21, 2002 WAIMEA CIVIC CENTER CALL TO ORDER Chair Okabe called the meeting to order at 10:00 a.m. ROLL CALL Present: Wilfred M. Okabe, Chair Horace S. Hara, Vice Chair John M. Bertsch, Member Peter L. Hendricks, Member Daniel K. Kama, Member Phoebe M. Lambeth, Member Dwight K. Manago, Member Walter Moe, Member Peter P. Muller, Member Also Present: James S. Correa, Police Chief Lawrence Mahuna, Assistant Chief Wendell Paiva, Assistant Chief Gary Maesato, Business Manager Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Lambeth moved to approve the agenda with the addition of Corresp. 40, request for legal counsel by John Talich in CV 02 -1 -0128, to communications. The motion was seconded by Vice Chair Hara and unanimously carried. Clarence Mills, who retired as a police commission in March, was presented with a retirement badge and plaque of appreciation for his five years of volunteer work on the commission. STATEMENT ON AGENDA ITEMS (Open to the Public) Corporation Lincoln Ashida addressed the public on making statements to the commission on complaints against police officers. He stated that the Hawaii County Police Department, through Chief Correa, has consistently and without exception, promoted openness in government and participation in matters that come before the police commission. Statements on agenda items can be made open to the public or in executive session which is closed to the public. However, if a person elects to make a statement in public session, anything said that might be inflammatory, libelous, or slanderous might be basis of a cause of action for a police officer to bring a private lawsuit against that individual. That might happen and is a risk a person takes. He also stated that because of his concerns for any action or slander, libel, or defamation, he advised his clients, the police commission, that they do not ask any questions or engage in a debate while someone is making a statement in an open session. If they have questions, they are to go in executive session and the ask questions. He also stated that he would like to make it clear that he is the attorney for the police chief and his administration and the police commission. There is a slight difference between the rank and file police officers and his client the police chief. It's not his place to advise the public of their rights or responsibilities to the extent only that the Office of Information Practices has advised that it would be permissible for the public to make a statement.