2004-08-13 Police Commission Minutes

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Hawai'i Police Commission Regular Session Minutes August 13, 2004 Page 3 Corporation Counsel Ashida asked if discipline must be meted out within one year of the incident. Chief Mahuna stated, generally yes, but there are exceptions to the rule, or from the time it was discovered. Corporation Counsel Ashida stated that an administrative investigation must commence within the one -year period, not discipline. Commissioner de Silva read the SHOPO contract on statute of limitations. "No employee may be subjected to an administrative investigation of a complaint that has been filed more than one year from the date of the alleged incident unless otherwise provided by law. However, administrative investigations involving criminal misconduct may be initiated at anytime within the criminal statute of limitations as provided by law." The commission could refer it to investigation on the rule on newly discovered evidence. Vice Chair Manago stated that this refers to the commission's Rule 8, 1 b, newly discovered evidence which by reasonable diligence could not have been discovered in time. OFFICER GALI stated that he believes it was in April of this year that Pat Oliveira from the Prosecutor's office called stating that they did not have the tape in the evidence room. He checked at home and found it with other things from his office. He turned it in to the police station on a Friday, in April of this year. Sometimes when he went straight home from court, he kept the tape. When he went back to work, he secured it in his desk. In May of last year when he was promoted and transferred, he cleaned out his desk, and put all his property in a box. The original and the copy are different tapes. He went to court more than five times. STATEMENTS ON AGENDA ITEMS (EXECUTIVE SESSION) Commissioner Frazier motioned to meet in executive 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 Muller seconded the motion, and it carried unanimously. Recess was called at 10:05 a.m. Executive session convened at 10:11 a.m. Regular session reconvened at 10:26 a.m.