2003-11-21 Police Commission Minutes

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Hawai'i County Police Commission Regular Session Minutes November 21, 2003 Page 2 Corporation Counsel Ashida stated that it is important that the commission be advised on how to handle sensitive materials. This is covered under HRS 92 -F. His recommendation and preference, to ensure security, would be: 1) reproduction would not be allowed or be limited as much as possible and 2) the commission needs to decide on documents being viewed on site or leaving the Police Department. He is referring to personnel records, not I.A. reports. Civil Service Director Mike Ben came before the commission and stated that he would be speaking about personnel files. The personnel file should be shared only on a need -to -know basis with those who have authority to make decisions. The personnel file is confidential information. Commissioners who take possession of the file have the obligation to protect that information. They need to be careful about what they discuss in a public forum. They should not find charges and allegations in a personnel file, only actual disciplinary action taken. Corporation Counsel Ashida stated that in HRS 92 -F, there is an added layer of protection for police officers. The public should not know that an officer received a 10 -day suspension or a written reprimand. They can only get termination information. They may receive disciplinary information on other civil servants, but not on police officers. The Chief agreed that the commission would get the I.A. reports, but they have to be careful not to release any of the information to the public domain. Chair Hara stated that he would like to have the records on a "need -to- know" basis. If there is a dire need for them to know, then they will handle it sensitively. Otherwise, if they don't need to know, they don't need to see it. Commissioner de Silva stated that he would like the department to screen the personnel file and then advise them on whether or not they are entitled to it. He doesn't want them in his presence without someone telling him that he should look at them. They will make a request on a specific case -by -case basis. Lunch recess was called at 12:20 p.m., and the commission reconvened at 2:00 p.m. Commissioner Muller and Corporation Counsel Ashida were not present for the afternoon session. STATEMENTS ON AGENDA ITEMS (EXECUTIVE SESSION) - Closed to the public Commissioner Lambeth motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawai'i County Police Department where consideration of matters affecting privacy will be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawai'i County Charter Section 13 -20 (b). Vice Chair Manago seconded the motion, and it carried unanimously. The commission convened into executive session at 2:02 p.m., and reconvened back into regular session at 2:40 p.m. APPROVAL OF MINUTES Vice Chair Manago motioned to approve the minutes of October 17, 2003, regular and executive sessions. Commissioner de Silva seconded the motion, and it carried unanimously.