2010-03-12 Police Commission Minutes

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Hawaii Police Commission Regular Session Minutes March 12, 2010 Page 6 Rule 24: Addition of how they are to handle confidential information — no change. Rule 25: Addition that the rules shall be posted on the internet — no change. Corporation Counsel stated that the main motion on the floor was to adopt what they had just done as amended and to send it for public hearing. The motion carried unanimously. Ms. Pelayo stated that they could have the public hearing on the date of the next monthly meeting at 9:00 a.m. and then have the monthly meeting at 10:00 a.m. Lunch recess was called at 12:25 p.m. The meeting reconvened at 12:58 p.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS STATEMENTS ON COMPLAINTS (OPEN TO THE PUBLIC) RESERVE OFFICER MICHAEL DECOITO (Complaint HPC 10 -04) answered questions from the commissioners. He stated that he couldn't say exactly what was said. He didn't mean to be disrespectful. There was no reason for him to laugh or make a joke. His job that morning was to make calls to people in the beat folder. As he was talking to Enos, he realized the order was for that day. Each folder could have twenty pages or more. There was no intent to disrespect him. Corporation Counsel Ashida stated that the issuing of paper is very problematic for our police department — bench warrants, penal summons, TROs, whatever. The paper has increased very much, but police personnel has not increased. It is not unusual for paper not being served. It is not the fault of our officers, it's just the volume. FRANK ENOS (Complaint HPC 10 -04) stated that Officer DeCoito told lies. He is not honest. In response to questions by commissioners on how the officer lied, Enos stated that he never received anything in the mail and that the police don't have to receive the TRO. His complaint is that the officer made fun, like it was a joke. COMPLAINT HPC 10 -09, Corporation Counsel Ashida stated that there are two issues that the commission needs to address, the timeliness of filing (complaint received 96 days from the date of the incident) and the position of the parties. According to the Charter, complaints against police officers or the police department must be made by members of the public. In other words, any complaints made by police officers are generally required to be handled within the department, not to the commission. RICHARD CARTER, JR. (Complaint HPC 10 -09) stated that he filed the complaint late because he was facing criminal charges. He was advised by his attorney that in order to get a fair trial, to hold off with the complaint until his criminal matter was completed. The case was dismissed. He requested an exemption to the 60 -day rule in his written complaint.