2008-08-22 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes August 22, 2008 Page 6 Mr. Malani stated that he didn't call the VA until he got the bill. He was in jail for three days. When he was at Ace Hardware, he told the officer to serve him the warrant. The officer told him to get on the ground. His complaint is that he was refused medical treatment in Waimea. He had asked the Police Commission for a copy of the police report. Vice Chair Whittemore stated that he did not request police reports from the commission and that paying his bill is another subject. EXECUTIVE SESSION Commissioner Sumja moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Morimoto seconded the motion, and it carried unanimously. Executive session convened at 12:10 p.m. Regular session reconvened at 12:30 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 07 -47: Complainant was involved in an altercation and alleged that an officer cursed at him. In December 2007, the commission found insufficient evidence to prove his allegation. The complainant now requests that the commission considers additional information. Commissioner Morimoto moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Kaoiwi seconded the motion, and it carried with Commissioner Sumja recusing himself. • Complaint HPC 08 -14: Complainant alleged that she was still in her drive -way when an officer cited her for driving in his path. She also alleged that the officer told her to shut up. Commissioner Lundkvist moved to defer the complaint in order for the complainant to attend the meeting. Commissioner Morimoto seconded the motion, and it carried unanimously. • Complaint HPC 08 -17: Complainant alleged that he was injured during his arrest and was not given medical assistance. The complaint was received 19 months from the date of the incident. Commissioner Behenna stated that he is inclined to decline the complaint due to the 60 -day rule and looked at it as a procedural issue. Commissioner Sumja agreed. Commissioner Morimoto stated that although the complaint was received beyond 60 days, both the complainant and the officer came to the meeting and provided a statements. He felt that they should render a decision. Commissioner Kaoiwi felt that the complainant was using the system to get his medical bill paid. Ms. Pelayo stated that she told the complainant that he would have to request payment from the County Clerk's office, not the Police Commission. Commissioner Lundkvist moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded the motion, and it carried unanimously.