2005-08-12 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes August 12, 2005 Page 5 Executive session convened at 11:10 a.m. Regular session reconvened at 12:25 P.M. OFFICER BUYTEN requested to speak to the commission again. He stated that this case frustrates him because the complainant put himself in the situation. Mr. Booker stated that he did not approach them; that was false. He approached them six to seven times. He does not recall swearing, although Decker was swearing. No force was put on Mr. Booker. He doesn't agree with Booker's 17 ft distance; they are trained with 21 ft. Commissioner Frazier stated that the issue is that Decker choked for about two minutes. Officer Buyten stated that a person would pass out in 30 seconds. He wants the police commission to investigate this complaint because this gentleman made allegations that he wasn't even involved in. He takes his job very seriously and would never misrepresent the uniform. UNFINISHED BUSINESS • Suggestions for revisions to the chief of police evaluation form. Commissioner Kaoiwi stated that his suggestions came from the Fire Commission's evaluation form. Commissioner Frazier reminded that they needed to look at the rating ranges. Chair Bertsch stated that he would like to discuss this further at the next meeting. NEW BUSINESS • Correspondence 05 -43, from Councilman Bob Jacobson requesting the commission's consideration to his concerns about unchecked police powers. Corporation Counsel Ashida stated that the issue has been resolved because Deputy Chief Kubojiri stated that he would look at the position descriptions of the police department. The county council, same as the police commission, should not dictate to the police department what should be in or not in the job description. Corporation Counsel Ashida will respond to Councilman Jacobson on behalf of the commission. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 04 -23: (Investigated by Legal Eyes.) Complainant alleged that an officer misused his position when he involved himself in an ongoing problem with her neighbor. Commissioner Frazier moved and Commissioner Kaoiwi seconded to defer this complaint to the next meeting since Legal Eyes investigated it, but Mr. Boe was unable to be there. The motion carried unanimously. Complaint HPC 05 -13: Complainant alleged that while his neighbor was being arrested, an officer used profanity against him and threatened him with pepperspray. Commissioner Frazier moved and Commissioner Mitchell seconded to refer the complaint to Legal Eyes for further investigation. The motion carried unanimously. • Complaint HPC 05 -14: Complainant alleged that following her attack by a group of girls, an officer did not take her statement and never returned her calls. Commissioner Kaoiwi moved and Commissioner Mitchell seconded to exonerate the officer. The motion carried unanimously.