2013-09-20 Police Commission Minutes

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Hawai‘i Police Commission Regular Session Minutes September 20, 2013 Page 3 EXECUTIVE SESSION Commissioner Schutte motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawai‘i Police Department, to consider sensitive matters relating to public safety, and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawai‘i County Charter Section 13-20 (b). Commissioner Gomes seconded, and it carried unanimously. Executive session convened at 9:41 a.m. Regular session reconvened at 1:10 p.m. ACTION BY THE COMMISSION Correspondence No. 2013-12,request for legal representation for Sergeant Artienda in SH1-3DTC-13-000064. Commissioner Schutte motioned to decline legal representation. Commissioner Morioka seconded, and it carried unanimously. Complaints HPC 13-16: Complainant alleged that officers released her name to the person who was being investigated by CPS (deferred at last meeting). Commissioner Schutte motioned that there was insufficient evidence to prove the allegation of misconduct. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. HPC 13-29: Complainant was arrested for DUI. He alleged that he was not guilty. He also alleged that his bail was posted but he was not released until the next morning (deferred at last meeting). Vice Chair Ignacio motioned to exonerate the named officer. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. Commissioner Gomes motioned that there was sufficient evidence to prove the allegation of misconduct and to refer the complaint to the Police Chief for further investigation. Commissioner Schutte seconded, and it carried unanimously. HPC 13-30: Complainant complained about his parked car and a previous complaint. Commissioner Pe‘a-Ferrari motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Gray seconded, and it carried unanimously. HPC 13-31: Complainant alleged that the police report was not accurate. Commissioner Schutte motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Morioka seconded, and it carried unanimously. HPC 13-32: Complainant alleged that the police report was not accurate. Commissioner Schutte motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. HPC 13-34: Complainant alleged that an officer made a case out of fender bender because she complained about him to his supervisor. Commissioner Schutte motioned