2003-10-17 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes October 17, 2003 Page 5 UNFINISHED BUSINESS Correspondence 03 -81 from Christine Paul requesting deferral of her letter to Honolulu Police Chief Donohue and copy of letter from Les Kondo of OI P dated August 19, 2003. Commissioner de Silva motioned to file the correspondence with no other action. Vice Chair Manago seconded the motion, and it carried unanimously NEW BUSINESS Administrative Review Board's presentation on its procedures. Assistant Chief Chai stated that he would be discussing actual cases and would need to have that done in executive session. Commissioner Mitchell motioned to have the first phase of the presentation done in open session, and the second phase in executive session to go over actual cases of officer misconduct and discipline. Commissioner de Silva seconded the motion, and it carried unanimously. Assistant Chai read and explained his written handout on misconduct. In response to questions, he stated that only the police department's investigation is given to the ARB. The police commission's reports are not given to the ARB. They will review the procedures in giving the commission IA reports. The secretary would have to put in a request for specific reports. He doesn't know of anything that would disallow the chief from giving them information. The ARB is structured whereby the chair is always the AC of Administration. The rest of the members are the other ACs and two majors. Only in the absence of those, will they use captains. They do not summon anyone else to the board except the police officer. They also use written reports. The only record that is kept is the notes that the chair keeps, and this is pointed out to the accused officer. They keep the highlights of the discussion and summarize it. It is not verbatim. This is a summary to the chief. The board's decision to sustain, not sustain, etc., has to be unanimous. If the board cannot come to a final decision, it will be noted. The recommended discipline is summarized and recorded. It is the responsibility of the IA captain and the chief to review the police commission's investigation. The ARB does not see the commission's investigation. To what extent they use it in the IA part, he didn't know. Decision - making is not reasonable doubt, but probably between reasonable doubt and preponderance of the evidence. An officer could request that a specific officer not be on the board. There is no procedure if the officer likes a specific board member. A board member could recuse himself. The commission convened into executive session at 2:32 p.m. to go over actual cases of the ARB and then proceeded with the remainder of the executive session items. The commission reconvened into open session at 3:05 p.m