2003-12-08 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes December 8, 2003 Page 3 DE SILVA: Having someone from the Police Department, but not IA, would help to interpret procedures. BERTSCH: Disagreed. Having IA present would help to prescreen and streamline the investigation should they refer it to IA ASHIDA: OIP has stated that any person that could help in their decision could be present. DE SILVA: It should be an appropriate police official. TAVARES- If a police officer is present, the officer would be compelled to give a statement and they would have to be given Garrity and union representation. BERTSCH: Voluntarily and legally compelled are two different issues. The police can now voluntarily give his comments in either open or closed session, and the commission can in either open or closed session have someone sit in and listen to it. MANAGO: Both the citizen and the officers should be given the opportunity to have the police personnel present or not. HARA: Doesn't want the Chief present because he makes the final decision DE SILVA: The police personnel would just be available to answer a particular question, such as about a General Order or procedure. Doesn't like the idea of having a police officer there when the complainant gives a statement; he might be intimidated. This person would not make judgment or listen to any evidence. BERTSCH: They have that now. A number of times, during executive session, they have requested that the Chief or Deputy Chief come in to clarify issues. DE SILVA: They are trying to develop a system that they can eventually present to the chief. MANAGO: If they were there during discussions, it would help to facilitate faster. MAHUNA: Sees no problem with someone interpreting the G.O.s, but to have police personnel there all the time would give the perception of the public not being best served. BERTSCH: Doesn't want perception to get in the way of good, honest procedure. The end results would far outweigh any ill perception and the advantages of having someone with knowledge outweighs the disadvantages. That non - voting person would have no persuasion power over the nine commissioners who make the decision. Most people who complain want to complain to the right people. The way they handle it now is ineffective. LAMBETH: Doesn't have a problem with IA being present because she doesn't think IA always gets the same story that they get. HARA: The three options to think about are that IA or a police representative would 1) sit in the entire session, 2) be available when called, or 3) they would get the consent of the officer or complainant.