2002-08-30 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes August 20, 2002 Page 6 The finalists would start the evening with their presentation, and then they would listen to public testimony. Corporation Counsel Ashida stated that if it is an agendized meeting, the public will have a right to give testimony, but they will not set aside that day specifically for testimony. Chair Okabe asked that they move September's monthly meeting to September 13. There were no further suggestions or discussion, and the motion carried with a nay vote from Commissioner Moe. Commissioner Lambeth moved to accept the job description. The motion was seconded by Commissioner Manago and unanimously carried. Commissioner Manago's request for reconsideration of Complaint HPC 01 -23 and his request for more clarification. Commissioner Manago stated that he requested a reconsideration because they did not follow their standard procedure in sustaining all of the charges. They should have voted on each rule for each officer. Four individuals were investigated. They sustained all four on one vote. Normally they would decide on each officer and each rule. Commissioner Manago moved to reconsider the complaint. The motion was seconded by Commissioner Bertsch. Discussion: Commission Bertsch questioned whether they would reinvestigate the complaint or just correct procedural errors. Commissioner Manago stated that they needed to go through the charge for each individual officer, not reinvestigate the complaint. The motion carried unanimously. Commissioner Manago's request for reconsideration of Complaint HPC 02 -18 and his request for additional information from the officer. Commissioner Manago stated that they did not get a statement from the officer. They should have found out from the officer what actually happened. They need to be impartial and render a decision based on all the facts. He doesn't believe that they had all the facts. Normally, when they have questions, they send it to the investigator. Chair Okabe pointed out that the officer was notified of the complaint and was asked to come before the commission, but he did not. The complaint was sustained and referred to the chief. The commission does not have to refer a complaint to the investigator. They may make a decision by listening and reviewing what is presented to them at the meeting. They did not receive correspondence from the officer until after the meeting.