2004-09-10 Police Commission Minutes

Home

Hawaii County Police Commission Regular Session Minutes September 10, 2004 Page 6 • Inquiry into the alleged attendance of two Hawaii County Police Commissioners attending a proceeding of the Administrative Review Board. Corporation Counsel Ashida stated that this relates to the SHOPO complaint, and he would like to carry it on the agenda along with the SHOPO matter. Commissioner Bertsch stated that this was an inquiry into the attendance of the commissioners. Attendance has been acknowledged. NEW BUSINESS • Correspondence 04 -49, from Lisa J. Sims - Hulsey requesting that the commission re- open her case. Decision was rendered on December 19, 2003. Ms Pelayo informed that Ms. Sims - Hulsey called to request that this be deferred to the next meeting in Kona. Commissioner Bertsch motioned to defer this to the next meeting in Kona. Commissioner Muller seconded the motion, and it carried with a nay vote from Commissioner Frazier. • Correspondence 04 -52, request for legal counsel from Officer Paul Bugado in Civil No. 04 -00392 DAE. Commissioner Bertsch motioned to provide legal counsel. Commissioner Muller seconded the motion, and it carried unanimously. • Correspondence 04 -53, request for legal counsel from Officer Bryan Ellis in Civil No. 04- 1- 0106K. Vice Chair Manago requested an executive session in order to get Corporation Counsel's advice. • Correspondence 04 -54, request for legal counsel from Officer Wayne Mitsunaga in Civil No. 02- 1- 0149K. Commissioner Bertsch motioned to provide legal counsel. Commissioner Muller seconded the motion, and it carried unanimously. • Correspondence 04 -58, from Paul M. de Silva requesting an inquiry as to whether or not the location of the new police station in Captain Cook affords unwarranted advantages to Police Commissioner Dwight Manago and the Manago Hotel through the improper use of his office. Corporation Counsel Ashida stated that he looked through the commission's rules and the county charter and didn't find anything about dispensing discipline on themselves. The only appropriate remedy is an Ethics Board case. Vice Chair Manago contacted him and asked about having this go to the Ethics Board. There is no mechanism for discipline. The mayor is the appointing authority for the commission. He could recommend removal with concurrence of the county council. Mr. Manago could ask for an opinion from the Ethics Board and send a copy to the mayor. He doesn't believe it would be a wise thing for the commission to investigate its own members because that is wrought with the appearance of impropriety and inherent conflict. Commissioner Lassiter stated that they should not be investigating themselves. They need to work to make things better. In Mr. de Silva's letter, there's a lot of finger pointing - -he did, they did, he did. That is not what they should be doing as a commission. They need to work together and support each other, and if they can't do that they should not be there.