2009-08-14 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes August 14, 2009 Page 8 STEVEN BARNES (Complaint HPC 09 -34) stated that the officer at the DUI check happened to be the same officer who did this to him before on another DUI check. The officer blazed his flashlight in his eyes. The officer yelled at him. That was not professional. This is the same officer that ran him out twice for parking on Banyan Drive. There is a pattern here. All his friends say it's because of his color. He hasn't had any racial slurs. His main complaint is disrespect and behavior which should be addressed. Lunch recess was called at 12:40 p.m. The meeting reconvened at 1:00 p.m. 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 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 Mende seconded, and it carried unanimously. Executive session convened at 1:01 p.m. Commissioner Kaoiwi left the meeting at 3:50 p.m. Commissioner Morimoto moved to return to open session. Commissioner Sumja seconded, and it carried unanimously. Open session reconvened at 4:22 p.m. ACTION ON EXECUTIVE SESSION MATTERS Corporation Counsel Ashida stated that he will prepare a "finding of fact" for each complaint. INVESTIGATION AND DELIBERATION OF COMPLAINTS • HPC 09 -09: Complainant alleged that the officer's accident report was incomplete and obscured the facts. Commissioner Morimoto moved that there was insufficient evidence to prove the allegations. Commissioner Ignacio seconded, and it carried unanimously. • HPC 09 -13: Complainant alleged that his speeding citation was incompletely filled out and not accurate. Commissioner Sumja moved to refer the complaint to the Chief for investigation by Internal Affairs. Commissioner Ignacio seconded, and it carried unanimously. • HPC 09 -22: Complainant alleged that during a traffic stop, an officer's behavior was abusive and discriminatory harassment, and that he should be made aware of the Peaceful Sky initiative. Commissioner Ignacio moved that there was insufficient evidence to prove the allegations. Commissioner Behenna seconded, and it carried unanimously. • HPC 09 -24: Complainant was involved in a traffic stop. He alleged that he was held at gunpoint, handcuffed, and made to lay face on the road while being interrogated. The officers were later informed that they had the wrong guy, and he was released.