2004-03-19 Police Commission Minutes

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Hawai'i County Police Commission Regular Session Minutes March 19, 2004 Page 6 Corporation Counsel Ashida stated that it is a better policy to require a written withdrawal. This would protect the secretary if a complainant later states that he did not withdraw the complaint. The motion carried unanimously. Corporation Counsel Ashida asked Officers Springer and Stewart, who were in the audience, if they wanted to make a statement in response to the letter from SHOPO's attorney Michael Wong. Mr. Ashida explained that the letter requested that the commission cancel its executive session meeting. The letter was not received in time to be placed on the agenda but would be on April's agenda. Mr. Ashida further stated that he believes Mr. Wong thought that the commission would be going into executive session to discuss new disciplinary procedures involving officers. That was not the case. The executive session would be to discuss old complaints utilizing the commission's existing procedures that they have utilized in the past. Further discussion on the disciplinary procedures would be done at the next meeting in April. Officer Emory Springer stated that he had nothing to say, and that some of the contents in the letter from SHOPO's attorney can be clarified at the next meeting. EXECUTIVE SESSION Vice Chair Manago 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 will 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). Commissioner Frazier seconded the motion, and it carried unanimously. Recess was called at 10:45 a.m. Executive session convened at 10:58. Regular session reconvened at 11:55 a.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation and deliberation of complaints. • HPC 03 -24: Complainant alleged that during her husband's traffic stop, three officers were intimidating, hostile, sarcastic, and unprofessional. Albert Bee of Akal investigated the complaint. Commissioner Bertsch motioned to not sustain the charges of Truthfulness, Impartial Attitude, Overbearing Conduct, and Conduct towards the public for all three officers. Vice Chair Manago seconded the motion, and it carried unanimously. • HPC 03 -34: Complainant alleged that two officers were negligent in performing their duties, partial in handling the situation, and participated in the kidnapping of his son. Albert Bee of Akal investigated the complaint. Vice Chair Manago motioned to exonerate the two officers on the charges of Misuse of Position or Office and Impartial