2004-09-10 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 10, 2004 Page 7 Commissioner Bertsch stated that in Paul de Silva's letter, he said, "An effort to divert this matter to the Board of Ethics before submission to the mayor would be an unnecessary and suspicious diversion." Commissioner Bertsch stated that if they didn't give it to the Board of Ethics that would be a suspicious diversion in itself because they would be usurping the Board of Ethic's authority in performing their duty which is explicitly to look at something like this. Corporation Counsel Ashida suggested that they refer this matter to both the Board of Ethics and the mayor. Commissioner Bertsch asked what would be the suspicious diversion if they referred it to the Board of Ethics. He wants to do the right thing. Seeing that Del Pranke was shaking his head, Corporation Counsel Ashida asked for his input. Del Pranke stated that the Board of Ethics rules covers this. Mr. Manago could ask for an advisory opinion, the commission as a third party could ask for an opinion, and so could Mr. de Silva. He told the commissioners that they could personally go out and ask for anything they want in their own district. Just because they're police commissioners doesn't mean they gave up their civil rights. Vice Chair Manago stated that he has thought hard about this. He has always believed that he has gone out to better the community and the police department, and his family has been dragged through this. He is willing to step down as a commissioner, tender his resignation if he cannot gain their vote of confidence. If the commissioners truly believe that in presenting the things that he did, he did it for selfish purposes and not for the county and not for the people in the community, then he would step down as a commissioner today. He asked them to vote nay if they believe he has done this for a selfish purpose and aye if they believe he acted for proper purposes. If the nay outweighs, then he'll step down as a commissioners. Del Pranke stated that they don't have the authority to ask for an inquiry, and he should not step down. Vice Chair Manago stated that he wanted a vote of confidence because if they cannot trust him, if they do not believe that his work is honorable, if they don't think that they can work with him, then he shouldn't be a commissioner. He should step down and tender his resignation. Corporation Counsel Ashida asked that they defer this to the next meeting in order for him to refer it to the Board of Ethics and the mayor and to contact Mr. de Silva to see what he would like to see happen. He doesn't believe it's appropriate for the commission to do something about its own members. Commissioner Frazier stated that they have spent a lot of time looking at rules, and it was agreed that they don't have a rule to do this.