2003-11-21 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes November 21, 2003 Page 5 ACTION ON EXECUTIVE SESSION MATTERS • Reconsideration of Complaint 03 -24: Complainant alleged that during a seatbelt roadblock, officers responded in a sarcastic and unprofessional manner. Complaint exceeded the 60 -day limitation for filing a complaint. Commissioner de Silva motioned that reconsideration be denied because the complainant had an acceptable explanation for the delay. Commissioner Moe seconded the motion, and it carried unanimously. • Complaints HPC 03 -12A and B: Complainant alleged that the spraying of pepper spray on him was unwarranted. Vice Chair Manago motioned to sustain the charge of Obedience to Laws, Written Orders, and Policies. Commissioner Moe seconded the motion, and it carried unanimously. • Complaint HPC 03 -22: Complainant alleged that officers were bias and untruthful when investigating his auto accident. Commissioner Bertsch motioned to not sustain the charges of Performance of Duty, Truthfulness, and Impartial Attitude for the two named officers. Commissioner Moe seconded the motion, and it carried unanimously. • Complaint HPC 03 -25A, B, C, D, E, and F: Complainants alleged that officers were called to the establishment that they were leaving and mistook them for the suspect and arrested them. They also alleged that an officer maced them while they were on the ground and handcuffed. Commissioner Frazier motioned that the charges of Performance of Duty, Malicious Use of Physical Force, Mistreatment of Person in Police Custody, Excessive Use of Physical Force, Overbearing Conduct, and Conduct Towards the Public by the two named officers were unfounded. Commissioner Moe seconded the motion, and it carried unanimously. • Complaint HPC 03 -26: Complainant alleged that during her arrest, an officer used excessive and malicious force. Commissioner Lambeth motioned to exonerate the officer on the charges of Commission of a Criminal Act, Malicious Use of Physical Force, and Conduct Towards the Public. Commissioner de Silva seconded the motion, and it carried unanimously. • Complaint HPC 03 -27: Complainant alleged that he made a complaint at the police station about a barking dog, and shortly thereafter an officer went to his home and threatened to arrest him. Vice Chair Manago motioned to sustain the charges of Standard of Conduct; Performance of Duty; Obedience to Laws, Written Orders, Policies; Misuse of Position or Office; Overbearing Conduct; and Conduct Towards the Public. Commissioner Frazier seconded the motion, and it carried with a nay vote by Commissioner Bertsch. Commissioner Bertsch requested that the commission reconsider its decision because not all of the charges pertained to the complaint. No motion was made. • Complaint HPC 03 -28: Complainant alleged that during his arrest, an officer mistreated him and falsified records. Vice Chair Manago motioned to defer the complaint to the December 19 meeting, after the meeting on procedures for investigating complaints which is scheduled for December 8. Commissioner de Silva seconded the motion, and it carried unanimously.