2004-08-26 Police Commission Minutes

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Hawaii County Police Commission Minutes of August 26, 2004 Page 6 Commissioner Bertsch motioned to accept this. Commissioner Lassiter seconded the motion, and it carried unanimously. Discussion: Commissioner Muller pointed out that this is exactly what they do now. 17. At all meetings relating to police misconduct, a suitable police official should be available for consultation in open or executive session on matters of police training, procedure, custom, etc. Such official would be allowed into executive session only where inquiries might reveal matters the discussion of which in open session is prohibited by law. Such official would only answer specific questions relating to proper police procedure and standards, and such official would not be allowed to hear or participate in any PC deliberations on misconduct. Commissioner Muller motioned to accept this as is. Commissioner Bertsch seconded the motion, and it carried unanimously. 18. When the PC investigator completes the investigation, the PC shall consider all evidence at its next meeting and decide whether or not there has been misconduct by the accused. If misconduct is found, the PC may submit findings of fact and conclusions along with recommendations, if necessary. Commissioner Frazier motioned to accept this. Commissioner Bertsch stated that this is legal terminology that Paul de Silva put in. He does not have a clear understanding of it, and asked what implications this would have. Corporation Counsel Ashida stated that there would be none. He would do the findings of fact for them, but there would be no legal consequence or importance because the commission does not have an appeal process. Normally, findings are submitted in court for the appellate court to review the findings of the lower court. There is no review process for the police commission. Commissioner Bertsch stated that they are reinventing something that doesn't need to be reinvented, and issuing findings of fact doesn't do anything. Commissioner Muller seconded the motion, and it carried unanimously. Commissioner Bertsch stated that with this, they would now need to identify factual reasons why they sustained a complaint so that corporation counsel can generate findings of fact and pass it on to the chief. Vice Chair Manago questioned whether this was their intent.