2004-07-16 Police Commission Minutes

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HAWAI'I COUNTY POLICE COMMISSION SPECIAL MEETING MINUTES REGULAR SESSION July 16, 2004 MAYOR'S KONA OFFICE CONFERENCE CALL TO ORDER Vice Chair Manago called the meeting to order at 9:05 a.m. ROLL CALL Present: Dwight K. Manago, Vice Chair Also Present: Harry Kubojiri, Deputy Chief John M. Bertsch, Commissioner Thomas Hickcox, Assistant Chief Paul M. de Silva, Commissioner James A. Frazier, Commissioner Betsy Mitchell, Commissioner Absent: Horace S. Hara, Chair Pudding Lassiter, Commissioner Peter M. Muller, Commissioner A quorum was present. James Day, Major Paul Ferreira, Captain Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Bertsch motioned to approve the agenda. Commissioner Frazier seconded the motion, and it carried unanimously. STATEMENTS ON AGENDA ITEMS - Open to the public Corporation Counsel Ashida informed that normally the commission allows testimony in open or closed session. However, Hawaii Revised Statues requires that the commission must have six votes to go into executive session, and since they only have five members present, they will not be able to meet in executive session. If they wish to discuss a matter in executive session, they could defer it to the next meeting. TOM SCHIMDT, Complaint HPC 04 -21: Came before the commission and requested a 60- day extension because the court transcripts of his complaint were still not available. Commissioner de Silva motioned to defer the complaint to the next meeting, and if it needs to be deferred further, they would have to make another motion. Commissioner Mitchell seconded the motion, and it carried unanimously. Corporation Counsel Ashida stated that under the police collective bargaining agreement, if any discipline is meted out to an officer, it must be within one year from the date of incident. Mr. Schmidt stated that he has an all -day trial scheduled for August 13, the day of the commission's next meeting, and asked for a deferral to September.