2009-02-20 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes February 20, 2009 Page 7 her if she wanted to go to the hospital. She said, "No." He told her that based on his observations, she would be arrested. At that point she said she wanted to go to the hospital. When her friends came, he allowed them to get her belongings. He explained the situation to her friend. He is not sure what the EMTs did. The only injury he observed was redness to her cheek which she pointed out. The man had scratches to his wrist and stomach. They both refused EMT treatment. He could not tell who had defensive wounds. What the man said made sense. He pushed her away in order to get away. When it escalated he removed himself. They determine who the aggressor is and who has the more serious injuries. He did not explain the form because the EMTs gave it to her. The medics always explain what the form is for. He just witnessed the form. From his viewpoint, the form was explained to her. He did not refuse her treatment. He was going to take her to hospital, but she wanted him to take the handcuffs off, which he was not going to do. Officers are allowed to use the radio while on duty, and it wasn't that loud. ANDRES FOJAS (Complaint HPC 09 -05) stated that the complainant was cited for speeding through a construction zone. As he walked away, she told him he was profiling Honda's. Her citations were for speeding. She was found guilty for one citation. The other was dismissed because he was on training on Maui and could not go to court. In his training on radar, it was recommended that they do not show the radar due to safety reasons. He has not had any other contacts with her. They drive unmarked vehicles. STATEMENTS ON COMPLAINTS (open to the public) EXECUTIVE SESSION (closed to the public) Vice Chair Kaoiwi 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 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 Sumja seconded the motion, and it carried unanimously. Executive session convened at 12:40 p.m. Regular session reconvened at 3:21 p.m. ACTION ON EXECUTIVE SESSION MATTERS Complaint HPC 08 -33: Complainant alleged that an officer disclosed her confidential medical records without her authorization. Commissioner Behenna moved that there was insufficient evidence to prove the complainant's allegation. Commissioner Sumja seconded the motion, and it carried unanimously. Complaint HPC 09 -03: Complaint alleged that an officer should have arrested her boyfriend instead of her for domestic abuse. Commissioner Sumja moved to defer the complaint to the next meeting in order to ask the officer additional questions. Commissioner Morimoto seconded the motion, and it carried unanimously.