2013-12-20 Police Commission Minutes

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Hawai‘i Police Commission Regular Session Minutes December 20, 2013 Page 5 INVESTIGATION AND DELIBERATION OF COMPLAINT Complaint HPC 13-50: COMPLAINANT JOHN SCANLON complained about the manner in which a helicopter was flown during a marijuana eradication operation. He came before the commission and requested to be heard in open session. He stated that his concern is when one of these helicopters crash. He started to read his written complaint but then skipped over it. He stated that after the incident he went to out and flagged the van, but it drove on by. He called the police, and was told to call Lt. Farias. He called three times but the Lieutenant did not call him back. His complaint is that nothing was brought back to him. He made a complaint about the manner in which they were flying the helicopter. He eventually got somebody at the State and learned that it was contract pilot. The spotter is a State narcotics officer. If they continue to fly like this over populated areas, a crash will happen, and that is why he brought this to the commission. He doesn’t think there should be discipline, just additional training and coordination. It looked like the guy was flying in a combat zone, but it was in a residential area. The State does not have a complaint process. There needs to be some kind of connection between the County and the State. The County is incurring liability. He doesn’t want anybody to get hurt. (Scanlon exited.) EXECUTIVE SESSION (Closed to the Public) Commissioner Pe‘a-Ferrari moved to meet in executive session to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities; to consider discipline and charges against officers or employees of the Hawai‘i Police Department; and to consider sensitive matters relating to public safety and 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 11:16 a.m. Open session reconvened at 11:54 a.m. ACTION BY THE COMMISSION Investigation of Complaints HPC 13-43: Complainant complained about being arrested and that the officer threatened her by saying she would be watching her. Commissioner Schutte moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. HPC 13-47: Complainant was issued citations and that the officer threatened to arrest him. Commissioner Schutte moved that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. HPC 13-50: Complainant complained about the manner in which a helicopter was flown during a marijuana eradication operation. Commissioner Schutte moved to exonerate the officer and to refer the complaint to the Police Chief for