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Hawaii Police Commission <br />Regular Session Minutes <br />August 13, 2004 <br />Page 8 <br />The motion to have a special meeting carried unanimously. <br />Ms. Pelayo pointed out that they would need to announce the date and location of <br />the meeting at a previous meeting, otherwise they would have to place a notice in <br />the newspaper. <br />• Prohibitive practices complaint filed by SHOPO. SHOPO believes that it is ill <br />advised and premature for the police commission to adopt new rules and <br />procedures. Commissioner de Silva stated that he just wants to know what's going <br />on. <br />Corporation Counsel stated that he doesn't think a hearing has been set. It is in <br />limbo right now. SHOPO is waiting for a response from them and has indicated that <br />they would withdraw the complaint if the commission agrees that they will not attend <br />ARB hearings in the future. <br />Commissioner de Silva stated that this would mean that the Chief would be <br />permanently barred from accepting their recommendation that they have an <br />observer attend the ARB hearing, to which Corporation Counsel said, "Yes." <br />Commissioner de Silva asked if the Chief could later change the rule and have an <br />observer in on the ARB by first notifying the union, listening to their input, and then <br />making the change. <br />Corporation Counsel Ashida stated that he is not advising the Chief. It is his <br />understanding that anytime there is a change like that, the Chief would be required <br />under the collective bargaining agreement and general labor law to confer with the <br />union. But, it is within his prerogative to make whatever changes he deems <br />appropriate. SHOPO is seeking a decision by the Chief to prevent the commission <br />from attending the hearing. The Chief has been working together with the <br />commission for some time to cooperatively arrive at some good practice that <br />everybody can live with. Hopefully, the labor union can live with it also. They are at <br />a critical point right now. In light of the complaint filed by SHOPO, his <br />recommendations have not changed. <br />• Inquiry into the alleged attendance of two Hawaii County Police Commissioners <br />attending a proceeding of the Administrative Review Board. No discussion. <br />• Review of draft of revised rules. Vice Chair Manago stated that this would be done <br />at a special meeting. <br />EXECUTIVE SESSION <br />Vice Chair Manago stated they would be going into executive session to discuss the <br />complaints and that the Chief has requested an executive session to discuss <br />