2004-03-19 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes March 19, 2004 Page 5 recommendation and provide legal counsel for the officer. Commissioner Mitchell seconded the motion, and it carried unanimously. Correspondence 04 -2 and 04 -3, invitation to the 2004 State of Hawaii Police Commissioners' Conference on Maui May 6 -7, 2004, and request for suggested topics for discussion. Chair Hara asked the commissioners to inform the secretary of topics they would like to discuss. They will need to fly over the day before in order to make the morning session. Correspondence 04 -4, from George Melvich concerning problems he has had with the postal service and police officers. Vice Chair Manago stated that he is totally confused by the letter, and motioned to file it. Commissioner Bertsch seconded the motion, and it carried unanimously. • Correspondence 04 -8, from John Paul Hammel, Jr., requesting information on his criminal case. Vice Chair Manago motioned to file the letter. Commissioner Moe seconded the motion, and it carried unanimously. Correspondence 04 -9, Darlene Tomel's request to withdraw her Complaint HPC 03 -31. Commissioner Moe motioned to accept the complainant's request to withdraw the complaint. Commissioner Muller seconded the motion. Discussion: Commissioner Frazier questioned whether they should take action before they receive a letter of withdrawal. Ms. Pelayo stated that when Ms. Tomel called her to withdraw the complaint, she was told to send a letter to confirm this. Commissioner De Silva read the rule which states that a complaint may be withdrawn by a notice or letter of withdrawal signed and dated by the complainant. Chair Hara asked if the notice had to be written. Corporation Counsel Ashida stated that the notice or letter should be read in the conjunctive which means that it should be in writing. The motion died when only Commissioner Muller voted aye. Vice Chair Manago motioned to defer Correspondence 04 -9 to the next meeting in order to receive the letter of withdrawal. Commissioner Bertsch seconded the motion. Discussion: Commissioner Frazier stated that he would like to hold off on assigning this to the investigator. Ms. Pelayo stated that she had not yet received the new investigator's signed contract, and was told to wait for it before making any referrals. Chair Hara stated that they would defer this to the next meeting and not refer it to the investigator before then. Since the complainant is now living on Maui, has no permanent address, and had recent contact with the Maui Police Department, he asked for the police department's assistance in obtaining her address in order to contact her for the letter of withdrawal.