2003-12-19 Police Commission Minutes

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Hawaii Police Commission Regular Session Minutes December 19, 2003 Page 5 they use it from a distance of 2 -5 ft. from the suspect or suspects. An exception to this distance goes according to the level of threat and continuum or escalation of force. Both the manufacturer and the Chief determined the distance for using OC spray. Commissioner de Silva stated that he understands using OC spray very closely if it is life threatening, but General Orders doesn't say that. The General Orders on OC spray says that the commanders shall assure that it will be strictly enforced. If it's going to be on a continuum, the General Orders should say that. It would help them in analyzing misconduct if they knew what the officers were supposed to do. General Orders does not say anything about continuum of force. Deputy Chief Kubojiri stated that they would look at the wording of the General Orders. They do not want any wrongful use of OC spray. OC spray is a tool that they provide to the officers on the street to get control of an individual without causing injury. Officer Kealoha stated that even at point blank, OC spray is non - lethal. Prior to spraying, they yell, "OC spray," to warn other officers, not the suspect. Before spraying, they do not ask the suspect if he has asthma. It would be dangerous to use OC spray on children under five and the elderly. UNFINISHED BUSINESS • Follow -up to discussions at special meeting on December 8 on procedures for investigating complaints. Commissioner de Silva stated that he would like a flow -chart with written procedures in narrative form so that everyone could examine it. They could look at it at next month's meeting, fine -tune it at the next meeting, and at the following meeting formally adopt it. Commissioner Bertsch stated that as the rules and policy committee, he will prepare a flow -chart with a narrative of each procedure. Commissioner de Silva asked if before new procedures are set, the department would allow them to refer their cases to them for investigation and have IA report back to them with the complete investigation. Deputy Chief Kubojiri stated that he couldn't say yes. If the commission refers it to IA, it takes IA out from under the purview of the Chief and puts it under the commission. Commissioner Bertsch stated that he understood that IA would be investigating all cases referred to the Chief. They are trying to streamline the situation and have them look at it immediately. The commission's investigator could follow -up with an investigation if they felt there was insufficient information. Chair Hara stated that with this meeting's complaints, they would do as in the past and referrals would go to the commission's investigator.