2005-09-30 Police Commission Minutes

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Hawai'i County Police Commission Regular Session Minutes September 30, 2005 Page 5 EXECUTIVE SESSION (closed to the public) Commissioner Lundkvist moved and Commissioner Mitchell seconded to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department where consideration of matters affecting privacy would 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 Hawaii County Charter Section 13 -20 (b). The motion carried unanimously. Executive session convened at 11:47 a.m. Lunch recess was called at 12:50 p.m. Executive session reconvened at 2:25 p.m. Regular session reconvened at 3:30 p.m. UNFINISHED BUSINESS Suggestions for revisions to the Chief of Police Evaluation Form. Commissioner Mitchell moved and Commissioner Lundkvist seconded to carry this over to the next meeting. The motion carried unanimously. NEW BUSINESS Correspondence 05 -52, from Commissioner James Frazier, requesting discussion on a newspaper article of the Kauai Police Department overspending its annual budget. Commissioner Lundkvist moved and Commissioner Mitchell seconded to carry this over to the next meeting. The motion carried unanimously. ACTION ON EXECUTIVE SESSION MATTERS Complaint HPC 04 -23: Complainant alleged that an officer misused his position when he involved himself in an ongoing problem with her neighbor. Legal Eyes investigated the complaint. Commissioner Lundkvist moved and Commissioner Kaoiwi seconded to not sustain the complaint. Commissioner Politano Steckel recused herself because she had contact with the complainant and may prejudice herself. The motion carried with a nay by Vice Chair Lassiter. Complaint HPC 04 -50: Complainant alleged that during the arrest of a runaway, an officer used physical force and mace on him. Vice Chair Lassiter moved to sustain the complaint. The motion died with no second. Commissioner Lundkvist moved and Commissioner Robinson seconded to not sustain the complaint. The motioned carried with a nay by Vice Chair Lassiter. Complaint HPC 05 -08: Complainant alleged that he was wrongly arrested for a TRO violation. Chair Bertsch stated that the TRO stated he could not enter the residence, garage, and yard. The complainant said he had the right to enter the residence to change the locks. Commissioner Morimoto moved and Commissioner Kaoiwi seconded to exonerate the officers. The motion carried with a nay by Commissioner Mitchell.