2003-12-08 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes December 8, 2003 Page 2 BERTSCH drafted a flowchart with the following suggestions: • Complainants can file a complaint with the Police Commission or the Police Department or both. • Complaints filed with the Police Commission can be reviewed in either open or executive session. During executive session, someone with law enforcement experience could explain the issues. This non - voting person could be someone from IA or the chief's representative. The complainant or the officer may have to consent to this person's presence. • The commission would vote on whether or not to investigate. If they choose to investigate, Internal Affairs will do it. During the investigation, they could review prior cases and discipline of the officer. • The commission would review IA's investigation at a subsequent meeting. The commission's investigator would be present only on request. If the commission feels they need more clarity, they could refer the complaint to its private investigator for further investigation. • If the case were referred to the ARB, a non - voting commissioner would be present during the hearing. HARA: Once the complaint is sent to the chief and he makes a decision, his decision should stand. It should stop there. BERTSCH: All Police Department complaints should also go to the Police Commission. KUBOJIRI: Questioned whether this would include minor complaints such as an officer not returning calls. MANAGO: Would like to hear about complaints made directly to the Police Department. MAHUNA: If a citizen only wants a supervisor to speak to an officer, they cannot force that person to make a formal complaint. When a commander makes a decision on discipline or if he makes a mistake on the discipline, he cannot go back on his decision. It would be like a double jeopardy situation. Many of their policies and procedures are dictated by the bargaining unit agreement. MOE: Would like someone, such as a retired judge, to tell them if a law was violated. BERTSCH: Pointed out that was his reason for suggesting that IA be present. All agreed that the commission should be informed of everything that goes to IA. BERTSCH: They are not looking at taking away the commander's discretion. KUBOJIRI: The district commander has the ability to do an internal investigation, not necessarily investigated by IA, and it can go to the ARB.