2003-12-08 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes December 8, 2003 Page 5 DE SILVA: It is vitally important to have IA come before them and give an oral report in addition to the written report. This would also allow them to ask questions. FRAZIER- They should not regurgitate the whole written report. BERTSCH: IA should come up with all the pertinent information that they feel necessary, that they have asked for, including the personnel report, any investigation that IA has performed, any past history that they may have or the department has regarding this officer or any incidents that are like that. He basically shows up with everything. He presents that to us. He presents the whole investigation regarding that specific complaint. HARA: Does not want the written report read word for word. Only wants highlights. DE SILVA: When they submit an investigative report to them, it should be accompanied by all other investigative report involving the same individual. Does not like the idea of routinely looking at a personnel file. There are too many risks there. They should look at the facts of prior cases. They should be able to look at prior reports even if there was an exoneration because the facts of a particular case are relevant. HARA: They are to consider whether they want the following IA reports: • written report • oral report • prior cases HARA: If they feel that they need additional investigation, they will give the investigator targets to pursue. DE SILVA: Their investigator should be present during executive sessions upon their request. DE SILVA: When they make their decision, they should have a statement of findings of fact. This would give the ARB an indication for their findings. DE SILVA: Will recommend to Chief that they have a non - participatory observer in the ARB hearing. ASHIDA: His office can prepare the findings of fact. BERTSCH: The Chief should report on the outcome of the cases with an explanation. They don't need to vote on the chief's decision. DE SILVA: Recommended changes to the General Orders. • G.O. 303 should state what ARB is to consider in commission's investigation and findings. • If ARB disagrees with commission, should state reason why, and a board member shall appear at next commission meeting to explain the deviation. The commission can comment on the findings. • Clarify burden of proof as preponderance of the evidence. • Require a majority rather than unanimity.