2003-07-18 Police Commission Minutes

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Hawaii Police Commission Regular Session Minutes July 18, 2003 Page 7 Commissioner Lambeth moved to return to executive session. Commissioner Bertsch seconded the motion, and it carried unanimously. The commission convened into executive session at 4:25 p.m. The commission reconvened back into open session at 5:15 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Request for reconsideration of Complaints HPC 03 -13A and 03 -13B. No motion was made. The request died. Investigation and deliberation of complaints. Complaint HPC 02 -13: Complainant alleged that an officer choked her son during his arrest, officers failed to submit reports of the incident, unlawfully held his son, and illegally impounded his vehicle. Akal investigated the complaint. Commissioner Lambeth moved to exonerate the three named officers on all classifications. The motion was seconded by Commissioner Bertsch and carried unanimously. Complaint HPC 02 -16: Complainant alleged that a sergeant had him arrested based on false information. Akal investigated the complaint. Commissioner Bertsch moved to exonerate the sergeant on the charges of performance of duty, obedience to laws, and commission of a criminal act. Commissioner Frazier seconded the motion, and it carried unanimously. Complaint HPC 02 -46: Complainant alleged that an officer violated traffic codes, used vulgar language, and threatened to cite them if their vehicles were on the roadway. Akal investigated the complaint. Commissioner Muller moved to not sustain the charges of standard of conduct, performance of duty, obedience to laws, commission of a criminal act, misuse of position or office, truthfulness, overbearing conduct, and conduct towards the public. Commissioner Bertsch seconded the motion, and it carried unanimously. Complaint HPC 02 -62: Complainant alleged that during her arrest, an officer punched her 11 -year old son on his cheek. Akal investigated the complaint. Commissioner Lambeth moved to not sustain the charges of obedience to laws, commission of a criminal act, malicious use of physical force, mistreatment of person in police custody, and excessive use of physical force. Commissioner Frazier seconded the motion, and it carried unanimously. Complaint HPC 03 -09: Complainant alleged that when she called the police station to make a complaint, an officer made inquiries relating to her past drug use. Commissioner de Silva moved to not sustain the charges of standard of conduct, performance of duty, impartial attitude, and conduct towards the public. Commissioner Muller seconded the motion, and it carried unanimously.