2003-01-17 Police Commission Minutes

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Regular Session Minutes January 17, 2003 Page 7 ACTION ON EXECUTIVE SESSION MATTERS • Correspondence 70, request for legal counsel by Officers Verl Nakama, Chad Taniyama, and David Araki in CV 02 -00285 LEK. Vice Chair Manago moved that no action be taken. The motion was seconded by Commissioner Hendricks and carried unanimously. (The case had been previously settled.) • Correspondence 03 -01, request for legal counsel by Sergeant Leroy Victorino in H- 14967/KN. Vice Chair Manago moved that the officer was not acting within the performance of his duty. The motion was seconded by Commissioner de Silva and carried unanimously. Investigation and Deliberation of Complaints Complaint HPC 02 -64: Complainant alleged that an officer issued her citations but that she had the proper safety sticker and that the officer's speeding caused the incident. Vice Chair Manago moved to accept the complaint for further investigation. The motion was seconded by Commissioner Bertsch and carried unanimously. Complaint HPC 02 -02: Complainant was stopped for a traffic violation. He alleged that an officer called him stupid in the presence of his children and then threw one of the citations at him. Akal Investigations investigated the complaint. Vice Chair Manago moved to not sustain the charges of Standard of Conduct and Performance of Duty because there was insufficient evidence to prove or disprove the allegations, and that the complaint be referred to the Chief for counseling of the officer in dealing with the public. The motion was seconded by Commissioner Bertsch and carried unanimously. Complaint HPC 02 -05: Complainant alleged that an off -duty police officer harassed her while passing her in his car and that the dispatcher did not follow proper procedures in the course of her duties. Akal Investigations investigated the complaint. The complaint of misconduct was made only against a dispatcher. However, the Commission also looked into the possible misconduct of three other employees of the department. Commissioner Bertsch moved to not sustain the charges of Standard of Conduct, Performance of Duty, and Obedience to Laws, Written Orders, Policies against Accused #1. The motion was seconded by Commissioner de Silva and carried unanimously. Vice Chair Manago moved to exonerate Accused #2 on the charges of Standard of Conduct, Performance of Duty, and Obedience to Laws, Written Orders, Policies and to refer this to the Chief for counseling of the employee when dealing with the public. The motion was seconded by Commissioner Hendricks and carried unanimously. Commissioner Bertsch moved to exonerate Accused #3 on the charges of Standard of Conduct, Performance of Duty, and Obedience to Laws, Written Orders, Policies. The motion was seconded by Commissioner Hendricks and carried unanimously.