2004-09-10 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 10, 2004 Page 9 STATEMENTS ON AGENDA ITEMS (EXECUTIVE SESSION) - Closed to the public. Vice Chair Manago motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawai'i County Police Department where consideration of matters affecting privacy will be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawai'i County Charter Section 13 -20 (b). Commissioner Muller seconded the motion, and it carried unanimously. The commission convened into executive session at 11:55 a.m. Regular session reconvened at 2:50 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation and Deliberation of Complaints HPC 03 -36: Complainant alleged that an officer violated the law when he towed her pickup truck and that he was unprofessional and arrogant. Vice Chair Manago motioned to exonerate the officer on the charges of Performance of Duty, Impartial Attitude, and Conduct Towards the Public. Commissioner Frazier seconded the motion, and it carried unanimously. HPC 04 -08: Complainant alleged that an officer has been stalking him and his family. Commissioner Bertsch motioned to exonerate the officer on the charges of Standard of Conduct, Obedience to Laws, Commission of a Criminal Act, Misuse of Position or Office, and Conduct Towards the Public. Commissioner Frazier seconded the motion, and it carried unanimously. HPC 04 -01: Complainant alleged that officers threatened her and used force. Commissioner Frazier motioned to not sustain the charges of Commission of a Criminal Act, Malicious Use of Physical Force, Mistreatment of Person in Police Custody, Use of Intimidation in Legal Proceeding, Truthfulness, Excessive Use of Physical Force, and Conduct Towards the Pubic. Vice Chair Manago seconded the motion, and it carried unanimously. HPC 04 -05: Complainant's son was hit and killed by an on -duty police officer. He complained about the manner in which the incident was handled. Commissioner Muller motioned to defer to Corporation Counsel for a written response. Commissioner Frazier seconded the motion, and it carried unanimously. HPC 04 -25: Complainant was arrested for domestic abuse. She complains about the manner in which officers conducted the investigation. Commissioner Muller motioned to exonerate the officers on the charges of Standard of Conduct and Performance of Duty. Vice Chair Manago seconded the motion, and it carried unanimously. HPC 04 -32: Complainant alleged that her husband abused her, and officers did nothing. Vice Chair Manago motioned to exonerate the officer on the charges of Standard of