2007-05-18 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes May 18, 2007 Page 5 CHARMAINE CHAMPBELL (Complaint HPC 07 -01) stated that they were trying to move a vehicle off the street when Officer Lee came out of the car. Mr. Waters was yelling, and Officer Lee told him to do something to make her arrest him. Mr. Waters had a TRO against his landlord who kept going into his house and taking things. The landlord kicked him out of the house, so they were moving everything to his girlfriend's house. The TRO against his landlord was at his girlfriend's house. His girlfriend had a TRO against him. Earlier in the day, officers came by. They knew about the TKOs. Officer Lee made him get the TRO from his girlfriend, and when he got it, she arrested him. Mr. Water then had a seizure and fell on the ground. Officer Brown held him down on his side with his foot because epileptics need to be put on their sides. It took about 2 -3 minutes. She told officers that he had a broken rib. Mr. Waters was the one who called the police, and they arrested him. EXECUTIVE SESSION Commissioner Lundkvist moved 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 that pertain to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Whittemore seconded the motion, and it carried unanimously. Executive session convened at 11:30 a.m. Lunch recess was called at 1 1 :58 a.m. Commissioner Robinson departed. Regular session reconvened at 2:06 a.m. Commissioner Mitchell departed. ACTION ON EXECUTIVE SESSION MATTERS Complaint HPC 06 -13: Complainant was arrested for disorderly conduct. She alleged that an officer used physical force on her. Her case was referred to Internal Affairs for investigation. She expressed disagreement with the findings. Vice Chair Morimoto stated that the case was settled by the Administrative Review Board and is no longer within the commission's purview. Commissioner Whittemore expressed concern about the officer's use of profanity. He suggested sending a letter to the chief regarding this and suggesting additional training for officers in dealing with the public and the use of profanity. Complaint HPC 06 -22: Complainant alleged that he was assaulted and should have been treated at the scene rather than taken to the police station first. Commissioner