2009-10-30 Police Commission Minutes

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Hawaii County Police Commission Regular Session Minutes October 30, 2009 Page 4 called his wife to get her. During transport, he clocked in vehicles passing him. The first vehicle was at 65. He was not able to lock it in because another vehicle came behind. At no time did Mr. Simon say anything to him about his vehicle. He read the complaint. At no time that Mr. Simon was in his vehicle did he exceed 60 mph. He did not issue the citation because he did not lock them on the radar. He was more interested in them being impaired. Corporation Counsel Ashida questioned Officer Troutman if he had left Mr. Simon in the vehicle unobserved during the stop of the other vehicle. Officer Troutman stated that he was unobserved for a short time. He was out of his vehicle for 15 seconds, and that he felt comfortable leaving Mr. Simon in the vehicle. Corporation Counsel Ashida suggested to Officer Troutman that he prepare a supplementary report about the traffic stop of the other vehicle. 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 Mende seconded, and it carried unanimously. Executive session convened at 10:45 a.m. Regular session reconvened at 1:05 p.m. ACTION ON EXECUTIVE SESSION MATTERS INVESTIGATION AND DELIBERATION OF COMPLAINTS • HPC 09 -37: Complainant was arrested for DUI. He alleged that while being transported, an officer sped while pursuing a vehicle. He also alleged that the officer used foul language towards him. Commissioner Morimoto moved that there was insufficient evidence to prove the complainant's allegations. Vice Chair Kaoiwi seconded the motion. Discussion: Corporation Counsel Ashida will draft a response expressing the commission's concerns as discussed in executive session. The motion carried unanimously. • HPC 09 -38: Complainant made a complaint against her ex- spouse. She alleged that an officer overheard her and then called his brother, her ex- spouse, to tell him about it. Vice Chair Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Mende seconded the motion. Discussion: Corporation Counsel Ashida will draft a response expressing the commission's concerns as discussed in executive session. The motion carried with a nay from Commissioner Sumja. • HPC 09 -41: Complainant was issued a trespass notice at a shopping center and subsequently arrested for refusing to leave. She alleged that officers used excessive force on her. Vice Chair Kaoiwi moved that there was insufficient