2004-02-12 Police Commission Minutes

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HAWAII COUNTY POLICE COMMISSION SPECIAL MEETING REGULAR SESSION MINUTES FEBRUARY 12, 2004 AUPUNI CENTER CONFERENCE ROOM CALL TO ORDER Chair Hara called the meeting to order at 9:30 a.m. ROLL CALL Present: Horace S. Hara, Chair Dwight K. Manago, Vice Chair John M. Bertsch, Member Paul M. de Silva, Member James A. Frazier, Member Phoebe M. Lambeth, Member Betsy Mitchell, Member Walter Moe, Member A quorum was present. Also Present: Lawrence Mahuna, Police Chief Harry Kubojiri, Deputy Chief Henry Tavares, Captain Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary Absent: Peter P. Muller, Member APPROVAL OF AGENDA Commissioner Lambeth motioned to approve the agenda. Vice Chair Manago seconded the motion, and it carried unanimously. STATEMENTS ON AGENDA ITEMS GABRIEL MALANI business agent for the Hawaii Chapter of SHOPO came before the commission and stated that he heard that the commission would be implementing changes and would be asking the police department for personnel records. SHOPO's position is that they will do whatever is necessary to block this through grievance or court procedures. SHOPO looks at the police commission as having a very simple task, to forward the complaint to the police department or to exonerate the officer. They believe that asking for personnel files is against the officer's rights. Under Article I of the SHOPO contract, the employer agrees that it shall consult with the union prior to the final formulation and implementation of personnel policies and practices affecting the employee relations on wages, hours, or conditions of his employment. He pointed out that he spoke of personnel records, not personal records. UNFINISHED BUSINESS Recommended procedures for investigating citizen complaints. CHAIR HARA stated that when looking at the charter, he found that the commission's basic function is to receive citizen complaints on possible police misconduct. They are lay representatives of the community and do not have the background in the legal system that one commissioner has. He believes it is important that they continue being at the level of lay because they all have varied backgrounds. His personal feeling is that they keep out of the administrative operation of the department and focus on their primary duty which is to receive citizen complaints.