2010-03-12 Police Commission Minutes

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Hawaii Police Commission Regular Session Minutes March 12, 2010 Page 5 Rule 9: (a) (1) (C): Addition of acceptance of complaint for any reason — no change. Rule 9 (e) (3) and (4): Addition of referral to the Chief - no change. Rule 9 (f): Addition of Burden of Proof - no change. Commissioner Behenna moved to correct Rule 9 (a) (1) last sentence from sixty -day to ninety -day. Commissioner Ignacio seconded, and it carried unanimously. Rule 11: Subpoena Power: Commissioner Behenna stated that this is a new section and would give them more power to get documents and could be used for people. Corporation Counsel informed them that this could probably not be exercised against police officers. Corporation Counsel Ashida stated that the process of issuing a subpoena and using the service of a police officer or process server could have considerable expense. The commission would have to pay a person according to statute for attending a meeting. For police officers, they would have to pay a minimum of 3 hours and other union benefits. Another issue would be the possibility of a lawsuit because of Garrity Rights. Subpoenaing documents would also have costs. The commission cannot order a person to come to their meeting, but they could file a special court proceeding. That person could assess attorney fees. After some discussion, Chair Whittemore asked for Corporation Counsel's opinion. Corporation Counsel Ashida stated that he would be comfortable if it specifically exempted the police department, its officers, and its records because that totally avoids bargaining issues, overtime issues, and whether they could subpoena themselves. Technically, under the Charter, the commission is part of the police department. Commissioner Ignacio moved that they amend this rule using Corporation Counsel's suggestion to exempt police officers, the department, and their records. Commissioner Sumja seconded. The motion carried with a nay from Commissioner Morimoto. Rule 15: Deletion of the Office of the Chief of Police as a location for obtaining information — no change. Rule 21 (c) (3): A non - police investigator was added to avoid a conflict of interest — no change. Rule 22 (a) (1): The hearing officer is to be appointed by the commission — no change. Commissioner Kaoiwi stated, for the record, that subpoenas will cost them money.