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1999-10-27 Charter Commission Minutes
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1999-10-27 Charter Commission Minutes
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minutes 10-27-99Page 30 of 48 <br />don’t know. It may have changed. <br />IRVINE: Well, I’ll look it up. I have it with me, but I’ll look in a minute. <br />RAY: It was never under, what did you say? <br />WURDEMAN: It’s never had anything to do with the Corporation Counsel. In fact, when I worked for <br />the City, the criticism always was that it was under the thumb of the Police Chief. And, there was some <br />validity to that, which is something I don’t find here. <br />IRVINE: That’s the end of my questioning, though, was that is it possible that if they were put, say, <br />under the Prosecuting Attorney’s Office instead, then they wouldn’t be under the purview of the Chief <br />of Police as closely, and they might be able to do a better job of shedding sunshine on what’s going on? <br />CORREA: Let me just make my statement, that, first of all, the Prosecuting Attorney is an elected <br />official. <br />IRVINE: Right, separately from the Mayor. <br />CORREA: And the Mayor is an elected official. This Commission is independent, and it’s appointed by <br />the Mayor and approved by the County Council. Part of the duties of the Police Commission is to <br />appoint the Chief of Police. Let’s say, if the Commission was under the Prosecutor, I think you’d have <br />some major conflicts in how the intent of the Charter was set up, to have an independent Prosecutor’s <br />Office and an independent Police Department. The Prosecutor is actually the lead law enforcement <br />agency, or head, in the County of Hawaii, so there’s already a check and balance. If somebody doesn’t <br />like what’s going on within the Police Commission, then they have their alternatives of, if it’s a criminal <br />case, going to the Prosecutor, if not, in a civil, civil ramifications. <br />HERKES: That’s true with the Police Department too? The Prosecuting Attorney can go into the Police <br />Department? They can go to the Prosecuting Attorney and then they can prosecute? <br />CORREA: Yes, the Prosecutor’s Office can receive any complaint, and can mandate that it be <br />investigated. <br />HERKES: So they’re going to the wrong body. <br />WURDEMAN: I have not heard any serious charges to the effect that the Police Commission is, <br />somehow, a tool, or under the influence of the Police Department. <br />HERKES: I know, they’re all full of women. They’re not. <br />WURDEMAN: I think they’ve shown their independence and if anything, they fight. <br />CORREA: Quite to the contrary. I think we have a very good relationship that’s independent. <br />WURDEMAN: It’s something to be concerned about, but I don’t think that it’s happened. <br />HERKES: In the past, maybe, but not now. <br />RAY: Okay, more questions for these gentlemen? Marni. <br />file://\\coh01\cohweb\council\charter_commission\minutes\minutes 10-27-99.html7/1/2011 <br /> <br />
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