2005-09-30 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 6 Complaint HPC 05 -12: Complainant alleged that while responding to a complaint by her neighbor of her husband's use of a pellet gun, an officer used profanity and shoved both her and her husband. Vice Chair Lassiter moved and Commissioner Robinson seconded to sustain the complaint. The motion carried with a nay by Commissioner Lundkvist. Complaint HPC 05 -17: Complainant alleged that an officer was cocky and refused to take photos of her vandalized vehicle. The 60 -day rule was waived. Vice Chair Lassiter moved and Commissioner Kaoiwi seconded to exonerate the officer. Discussion: Chair Bertsch pointed out that the officer was not on duty. Corporation Counsel Ashida stated that the motion to exonerate says the incident occurred but was lawful and proper. Perhaps unfounded would be a better classification. The motion and the second were withdrawn. Commissioner Lundkvist moved and Commissioner Mitchell seconded that the complaint is unfounded. The motion carried unanimously. Complaint HPC 05 -18: Complainant alleged that while investigating her neighbor's broken windshield, an officer told her neighbor that the complainant's statement was unreliable due to psychological reasons. Vice Chair Lassiter moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. The motion carried unanimously. Complaint HPC 05 -19: Complainant alleged that she requested records and was told it was not on file. Commissioner Mitchell moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. The motion carried unanimously. Complaint HPC 05 -20: Complainant alleged that reports were made but not put on file. Commissioner Mitchell moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. Discussion: Chair Bertsch stated that the complaints are of a serious nature, but they need to follow their rules. The motion carried unanimously Complaint HPC 05 -21: Complainant alleged that an officer's report was inaccurate and as a result, the prosecutor would not charge her husband for abuse. The 60 -day rule was waived. Commissioner Lundkvist moved and Commissioner Robinson seconded that the complaint is unfounded. The motion carried unanimously. Complaint HPC 05 -22: Complainant alleged that an officer wrote the word "harass" in a miscellaneous publication, and that it was libelous. Vice Chair Lassiter moved and Commissioner Politano seconded to sustain the complaint. Discussion: Chair Bertsch stated that he had a difficult time understanding the complaint. He would like to compel both parties to come before them. Corporation Counsel Ashida stated that they could request both to attended the next meeting, but they could not compel the officer to be there. He recommended that the motion be withdrawn and that the parties be requested to come before the commission. The motion and the second were withdrawn. Commissioner Robinson moved and Commissioner Kaoiwi seconded to defer this to the next meeting and to request that the parties attend the meeting. The motion carried unanimously.