2004-08-26 Police Commission Minutes

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Hawaii County Police Commission Minutes of August 26, 2004 Page 2 Ms. Pelayo stated that, for the record, they were working on Corporation Counsel's recommendations to the investigative process, not the 5t" draft of the revised rules. Corporation Counsel Ashida stated that they should get the police department's input. 13. All formal public external complaints filed directly with the PD are now normally investigated by the PD, bypassing the PC. This practice should continue. Commissioner Frazier motioned to accept the recommendation as written. Commissioner Muller seconded the motion, and it carried unanimously. Deputy Chief Kubojiri stated that the police department accepts the recommendation. 13. A copy of all formal public external complaints made directly to the PD should be provided to the PC. Deputy Chief Kubojiri stated that they now provide the commission with a monthly report of violations, whether the charges were sustained or not sustained, and whether discipline was meted out. He is concerned about providing the exact discipline meted out. Vice Chair Manago stated that unless they know what type of discipline was meted out, they wouldn't know that it was just. Deputy Chief Kubojiri stated that discipline varies depending on the incident. They look at progressive discipline. Corporation Counsel Ashida stated that under HRS 92F, the police department is authorized to share information that is otherwise confidential if it is a necessary function of the police commission. The commission needs to ask themselves if the information is needed for them to do their job. If the answer were affirmative, then it would be at the discretion of the chief. Deputy Chief Kubojiri stated that Captain Tavares would be able to answer questions on specific complaints. Commissioner Frazer felt it was necessary to know the exact discipline. Deputy Chief Kubojiri stated that they could do what the Honolulu Police Department does, which is to provide external complaints to the commission with dispositions but no names of officers or complainants. Commissioner Frazier motioned that a copy of all formal public external complaints of police misconduct made directly to the police department should be provided to the police commission after the completion of the police investigation and disposition. Commissioner Lassiter seconded the motion.