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commissioner who is performing, sometimes it is illegal to take <br /> what they call exparte communication. For example , the commission <br /> is acting as an ajudicatory body making a decision, as Mr. Bethea <br /> knows. An exparte communication with the commissioner is <br /> improper, and we tell the commissioner that. Look, if you ' re <br /> having a planning commission hearing or something like that , it ' s <br /> un. . .it ' s not proper for you to just meet with the petitioner and <br /> receive all the evidence and. . .your fellow commissioners doesn ' t <br /> know what ' s going on, and it ' s best to just bring it before the <br /> whole commission to discuss. And, of course , I 'm not naive, <br /> things like that do go on, but at least we tell the <br /> commissioners. <br /> I don ' t think the commissioners should be held responsible <br /> for the day-to-day activities of the department , for the following <br /> reasons. No. 1 : If they are held responsible for the day-to-day <br /> activities, it ' s going to take a lot of time. And certainly , as <br /> some of you know who ' ve been on the Council, how much time you <br /> have to put in. But if you were involved in the day-to-day <br /> activities of the department , it ' s going to involve more time and, <br /> secondly , certainly that ' s what you have the department heads <br /> for. The department heads should be. . .that ' s how I feel about <br /> confirmation; if they 're not competent to run the department on a <br /> day-to-day basis , then they should not be confirmed. However, I <br /> don ' t feel the commissioners should be involved in the day-to-day <br /> activities of the department. I think, certainly , like the <br /> gentlemen here points out , that should be a sounding board for the <br /> members of the community and certainly they should be a check on <br /> the department head , as far as their getting out of control and <br /> not complying with the policies. <br /> CUSHNIE : Are you protected by a Good Samaritan Law? <br /> IBARRA : The Good Samaritan Law. . .you ' re talking about if <br /> you ' re. . .if you tried to rescue someone and in the process you ' re <br /> injured, that you cannot be sued? <br /> CUSHNIE : No, more generally in the sense that if somebody <br /> did happen to complain against the Police Department, and if you <br /> determined that the Police Commission had absolute authority , I <br /> mean, where does the legality stop? You feel that has to be <br /> better defined, who ' s legally responsible for policy. <br /> IBARRA : I think, certainly, the. . .you ' re talking about <br /> liability. And as far as a failure to act , the general rule in <br /> municipal law is that, you owe the government agency, or the <br /> government official or employee owes a general duty to the <br /> public . And unless there is a special relationship. . .meaning that <br /> I ' ll (inaudible) , that government official would not be liable for <br /> the injuries suffered by the plaintiff. For examle, if you had a <br /> person that was injured and called for an ambulance. Okay , in <br /> Hawaii we don ' t have have the 911 service. So a person calls for <br /> an ambulance and and the dispatcher says, fine, took the <br /> address, makes no representation as how fast the ambulance will be <br /> 39 <br />