2004-02-20 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes February 20, 2004 Page4 UNFINISHED BUSINESS • Correspondence 03 -114, Corporation Counsel Ashida to consult with OIP on complainants and the accused giving statements in executive session. Corporation Counsel Ashida stated that all proceedings before a board where action is taken must be in public. The exception is if the individual is a police officer. When there is a request for executive session, the commission should make a determination on a case -by -case basis. Chief Mahuna just asked for an executive session to brief the commission on ongoing investigations, and the commission will not be taking action on it. Tiffany Edwards of West Hawaii Today inquired whether the commission could meet in executive session to discuss a complaint if an officer requests it prior to the meeting but then doesn't show up. Corporation Counsel Ashida stated that they could, and the commission would make the determination on whether or not to meet in executive session. Lane Wick of Hawaii Island Journal stated that there are laws that allow meetings behind closed doors, but when it's done, it precludes the public's trust. Commissioner de Silva stated that they can be assured that if it should be done in open session, it will be done in open session. Corporation Counsel Ashida stated that when the Chief gives his report in executive session, it is normally for ongoing criminal investigations. Tiffany Edwards stated that for critical incidents, they want information released in an official manner. Follow -up to discussions at special meeting on February 12, 2004, on procedures for investigating complaints. Commissioner de Silva prepared the final draft of "Recommendations for Improvement to the Disciplinary System of the Hawaii County Police Department." Chair Hara stated that with regards to Correspondence 03 -132, from SHOPO, he did not request that SHOPO and its attorney to be present. It was only an invitation to be part of the discussion. He was quite perturbed with the tone of Mr. Springer's letter. Gabriel Malani, SHOPO's business agent, stated that he understood it to be an invitation, not a request, and that Mr. Springer must have read about the meeting in the newspaper. Commissioner de Silva stated that the charter is very plain when it says that the chief shall have additional powers, duties, and functions as required by the police commission. It's difficult for him to read the provision that says that they can't interfere