2004-02-20 Police Commission Minutes

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Hawai'i County Police Commission Regular Session Minutes February 20, 2004 Page5 with the administration because almost all of the chief's duties are administrative. At the last meeting it bothered him that some people, stated that the commission's primary job is to investigate misconduct. The charter does not say that. It lists lots of things they are supposed to do. One is oversight, and provisions have been added. The other is to consider how the administration should change by giving the chief certain powers and duties. So, it really concerns him when people say that their primary job is to investigate misconduct. Chair Hara stated that in his tenure on the police commission, this is the first time that they've had a member with the legal background of Commissioner de Silva. He is able review the charter and the rules and policies and make it clear so that the people who follow them in the future would have a better road map to use for their roles and responsibilities. It is their intent to make it clear so that it doesn't waiver on interpretation. He believes that Commissioner de Silva put commentaries in each item so that there's some rationale to each item. Commissioner Frazier stated that the success of Commissioner de Silva's work has been contributed to by the openness of the police department. There were challenges that he addressed, and that openness was very valuable to guide the document. Chair Hara stated that if they accept the recommendations, it will be forwarded to the Chief, the Mayor, and the Managing Director. Commissioner Frazier motioned that the recommendations be finalized as those of the commission for action. Commissioner de Silva seconded the motion. Discussion: Vice Chair Manago inquired as to whether the Chief would then respond to their recommendations, to which Chair Hara stated, "Yes." The motion carried unanimously. NEW BUSINESS Correspondence 03 -128, Lisa J. Sims - Hulsey requests that her case be re- opened. No motion was made. • Correspondence 03 -131, from Commissioner de Silva regarding the Hawai'i County Police Commission's powers as stated in the County Charter. Commissioner de Silva stated that this is just for the commissioner's information. EXECUTIVE SESSION Commissioner Lambeth motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawai'i County Police Department where consideration of matters affecting privacy would be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawai'i County Charter Section 13 -20 (b). Vice Chair Manago seconded the motion. Corporation Counsel Ashida inquired into whether the officer in Complaint HPC 03 -31 was contacted regarding the deferral of the complaint and whether he requested a closed meeting. Ms. Pelayo stated that the officer was informed of the meeting, but she did not