HomeMy WebLinkAboutCOM 1089.002 2006-2008
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"!hy Phone: (808) 326-5421
BRENDA J FORD `P y
Vu~ Fax: (808) 329- 4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 - Central Kona
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HAWAII COUNTY COUNCIL a? D-,
County of Hawai `i z
Kailua Trade Center
75-5706 Hanama Place, Suite 109 _
Kailua-Kona, Hawaii 96740 ' 3
DATE: March 27, 2008 1
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TO: Pete Hoffmann, Council Chairman
FROM: Brenda Ford, Council Member
RE: Executive Session regarding Bill 270 including all the legal aspects regarding
establishment of an Office of Police Oversight and Complaints.
I request an Executive Session at the Committee meeting on April 8, 2008 to discuss the above
issues and any other legal issues surrounding the establishment of an Office of Police Oversight
and Complaints. Some of the questions on which I and others requested information included: 1)
the council members losing immunity, 2) police department accountability to the public, 3) rules
and procedures of the commission that might need changing, 4) how to protect police officer's
privacy, 5) how this bill violates Garrity statements* or rights, 6) cameras on the vehicles of beat
officers for accountability, 7) who has oversight on the Office of Police Oversight and
Complaints, 8) separation of powers issues, 9) any other legal and pertinent issues.
* Garrity statement means a public employee's oral or written report (as of an incident) obtained
under threat of termination of employment. A public employee usually makes a Garrity
statement in the course of an internal investigation (as by a police department). Because a
Garrity statement is coerced, the statement and any evidence obtained as a result of it cannot be
used in a later criminal prosecution against the public employee. The statement and evidence
may be used only to evaluate the employee's performance. Garrity v. New Jersey, 385 U.S. 493,
87 S. Ct. 616 (1967). [From Black's Law Dictionary, Abridged Seventh Edition, Bryan A.
Garner, Editor in Chief)
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