1999-10-27 Charter Commission Minutes

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minutes 10-27-99Page 27 of 48 CORREA: Let me try and interject something here. Regardless of whether or not we conduct the investigation, we cannot release that information to the citizen. That’s absolutely prohibited by Statute. So the Statute has to be changed. The Office of Information Practices’ Statute needs to be amended, and if you notice, in 1995, the State of Hawaii Organization of Police Officers created this statute that exempted County police officers in the statute, very specifically, from being identified, and their discipline being made public. So that information cannot be released to the public. MARTIN: Again, I think that there is a mechanism here, because it’s a Commission and it’s outside of the main body of the department, that there should be some variance. I don’t know. RAY: Marni. HERKES: The citizens of the County of Hawaii tried to address that mechanism. They passed the Charter Amendment. The Charter Amendment says the summary of the charges filed and their disposition shall be included in the annual report of the commission. CORREA: Right. HERKES: And that is not being done, and because of the Statute. I understand that. So, we have made an effort to solve this problem, and the effort has not solved the problem, and I don’t know what else we can do because the statute takes precedence over anything we do, number one, collective bargaining protects the police officer, but I would like to - we don’t have the Police Commission here, but (e) says advise the Chief of Police on police/community relations, and the Police Commission could probably address this issue a little better than they have done. They could probably make the citizens understand that they are never going to find out what happens to that policeman unless they are fired. YUEN: Can I jump in for just a second? The general public, the person who made the complaint to the Police Commission, finds out whether the charge was sustained or not, by the Commission. CORREA: Right. WURDEMAN: He finds out if it was sustained or not sustained. YUEN: All right. The general public can also find out the charges, the identity of the officer, and which ones were sustained and not sustained by the Police Commission, right? WURDEMAN: Right. But as far as whether any meaningful disciplinary action was taken, that, they cannot find out. YUEN: The general public cannot find out whether there was disciplinary action followed up by the Police Department through the grievance process. WURDEMAN: Right. YUEN: The Police Commission, though, can find that out, right? WURDEMAN: Presently that’s a point of contention. YUEN: What position does the County government take on that question, because it seems - file://\\coh01\cohweb\council\charter_commission\minutes\minutes 10-27-99.html7/1/2011