2008-04-07_Bill 270_Ordinance_re_Office_of_Police_Oversight

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PROCESS FOR CREATING A TASK FORCE PURSUANT TO HRS SECTION 92-2.5(b)(1) HAWAII POLICE COMMISSION 1. Meeting No. 1. The following motion is made: "I move pursuant to HRS Section 92-2.5, for the creation of a task force for the purpose of reviewing citizen complaints filed with the Commission, to refer cases to the Hawaii Police Department Internal Affairs Division for further investigation, and to make recommendations to the full Commission for the closure of cases." After the motion passes, the following is stated on the record by the Chair: "The Task Force shall do the following: 1. Review all citizen complaints filed and collectively determine whether they should be referred to the Internal Affairs Division for further investigation. 2. If the Task Force collectively recommends the case not be referred to Internal Affairs and be closed by the Commission instead, this recommendation shall be made to the full Commission via written communication. 3. Report to the full Commission on all cases referred to Internal Affairs and cases recommended for closure at the next regularly scheduled Commission meeting." 2. Meeting No. 2. At this second meeting, all citizen complaints received from the previous month and reviewed by the Task Force should be agendized. For those cases referred to Internal Affairs, a notation should appear on the agenda that the case has already been referred to Internal Affairs for further investigation. For those cases where the Task Force recommends closure of the case, the written recommendation should be included on the agenda as a communication. Note that no deliberation or discussion on this written recommendation may occur at this Meeting No. 2. The Sunshine Law requires this deliberation and discussion to occur at Meeting No. 3. 3. Meeting No. 3. At this third meeting, the Commission may discuss and deliberate on the recommendation of the Task Force to close a case. If the full Commission agrees with the recommendation, the Commission may vote to close the case and find insufficient evidence to sustain any misconduct on the part of the police officer or department. If the full Commission by majority vote disagrees with the recommendation of the Task Force, they may vote to refer the case to Internal Affairs for further investigation.