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Hawaii County Police Commission <br />Minutes of August 26, 2004 <br />Page 5 <br />Commissioner Lundkvist stated that they keep hearing about the need to know, but <br />they want to vote on things they don't need to know. <br />The motion to delete No. 5 carried with the following roll call vote: <br />Aye: Bertsch, Lassiter, Mitchell, Lundkvist, Muller <br />Nay: Frazier <br />15. The PC should be entitled to obtain the following from the PD subject to <br />adequate procedures consistent with existing laws and collective bargaining <br />agreements relating to the privacy rights of the individuals concerned: <br />a. Copies of all IAU investigative reports of other misconduct of the <br />accused. <br />b. OBITS (sic) ( "OBTS ") record of the complainant. <br />C. Police reports relating to the incident or incidents associated with the <br />misconduct alleged. <br />d. Other personnel records on a case -by -case basis. <br />Ms. Pelayo stated that they currently receive the OBITS and incident reports. <br />Commissioner Frazier stated that he would like to delete (d). <br />Corporation Counsel Ashida stated that under labor law, prior misconduct couldn't be <br />used to determine misconduct. It can only be used to determine discipline. He again <br />asked what they would do with the information if they received it. <br />Commissioner Lassiter motioned to accept No. 6, but to strike a) and d). <br />Commissioner Muller seconded the motion. <br />The motion carried with the following roll call vote: <br />Aye: Bertsch, Lassiter, Mitchell, Lundkvist, Muller <br />Nay: Frazier <br />16. At its next meeting the PC should then: <br />a. Hear the complainant's testimony and examine all other available <br />evidence. <br />b. Determine whether or not there is a reasonable suspicion of <br />misconduct. <br />C. If the PC determines that a reasonable suspicion of misconduct <br />exists, it may refer the complaint to its investigator for investigation. <br />