2002-06-21 Police Commission Minutes

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Minutes — Regular Session June 21, 2002 Page 4 Corresp. 40, request for legal counsel by former Police Officer John Talich in CV No. 02 -1 -0128. Commissioner Lambeth moved that the officer was acting within the scope of his duty. The motion was seconded by Commissioner Muller and unanimously carried. Investigation and Deliberation of Complaints Complaint HPC 01 -46: Complainant alleged that during a traffic stop an officer pulled out his weapon, choked him, threw him to the ground, and pounded his head. (Akal's investigation reviewed.) Commissioner Lambeth moved to exonerate the officer on the charges of Standard of Conduct; Performance of Duty; Obedience to Laws, Written Orders, Policies; and Malicious Use of Physical Force. The motion was seconded by Commissioner Kama and unanimously carried. Complaint HPC 01 -48: Complainant alleged that officers did not do a proper investigation on his complaint of burglary to his home. (Akal's investigation reviewed.) Commissioner Lambeth moved to exonerate all three officers on the charges of Standard of Conduct and Obedience to Laws, Written Orders, and Policies; and to not sustain the charge of Performance of Duty. The motion was seconded by Commissioner Moe and unanimously carried. Complaint HPC 02 -16: Complainant alleged that someone filed a false report, and he was then falsely arrested. Commissioner Moe moved to decline investigation because there was no misconduct on the part of the officer. The motion was seconded by Commissioner Muller but died when the rest of the members voted nay to the motion. Commissioner Bertsch moved to accept the complaint for further investigation. The motion was seconded by Commissioner Lambeth and carried with nay votes by Commissioners Moe and Muller. Complaint HPC 02 -17: Complainant alleged that an officer was untruthful when he made a statement to the police commission. Commissioner Moe moved to decline further investigation because the complaint was unfounded. The motion was seconded by Commissioner Muller and carried with a nay vote by Commissioner Bertsch. • STATUS REPORT OF COMPLAINTS REFERRED TO CHIEF CORREA. There were no questions to the Chief's written report. ANNOUNCEMENTS Chair Okabe announced that the next monthly meeting is scheduled for July 26, 2002, at the Keauhou Beach Resort ADJOURNMENT The meeting was adjourned at 2:20 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR