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HomeMy WebLinkAbout2001-05-18 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION MINUTES — REGULAR SESSION MAY 18, 2001 HAWAII COUNTY COUNCIL ROOM CALL TO ORDER Chair Wilfred Okabe called the meeting to order at 10:05 a.m. ROLL CALL Present: Wilfred M. Okabe, Chair Dwight K. Manago, Vice Chair John M. Bertsch, Member Horace S. Hara, Member Daniel C. Kama, Member Phoebe M. Lambeth, Member Clarence Mills, Member Walter Moe, Member Peter P. Muller, Member A quorum was present. Also Present: Lincoln Ashida, Corporation Counsel Lawrence Mahuna, Assistant Chief Thomas Hickcox, Assistant Chief Gary Maesato, Business Manager Josie Pelayo, Secretary Chair Okabe welcomed new Commissioners John Bertsch of District 8 and Daniel Kama of District 6. APPROVAL OF THE AGENDA Ms. Pelayo pointed out that Complaints for Consideration HPC 00 -09 to 00 -15 should read 01 -09 to 01 -15. Commissioner Moe moved to approve the agenda as amended. The motion was seconded by Vice Chair Manago and unanimously carried. PUBLIC STATEMENTS ON AGENDA ITEMS JACK RUSSELL came before the commission and spoke regarding Correspondence 57. He expressed dissatisfaction with the investigations conducted by police officers. His farm has been burglarized many times. The police department and the detectives are working against each other. Police officers are not detectives. They look around, write up their report, and you don't hear from them again. Something is wrong with how they conduct their investigations, and something needs to be done. Commissioner Lambeth stated that they handle complaints against specific officers. His concerns are general and should be referred to the police department. DWIGHT VICENTE came before the commission and stated that he is speaking about the complaint process. It violates the U.S. Constitution. The Constitution does not allow use of guns. The State of Hawaii is illegal according to the U.S. Constitution. STEPHEN HICKS came before the commission and spoke regarding complaints listed on the agenda. The commission needs to set up criteria for complaints. The Department of Justice is interested in any excessive force cases by police anywhere. Regular Session Minutes May 18, 2001 Page 2 DANIEL GRANT JOHNSON came before the commission and stated that he is President of Disability Rights Hawaii and is speaking regarding a gentleman who is on the agenda. Recommends that the police department have an ongoing disability awareness and sensitivity training program that they can implement at least once a year with refreshers every following year or so. There is a wide -range of disabilities throughout the population, some are obvious and some not. If an individual is not exhibiting any kind of violent behavior to himself or people around him, talking would be the best way to resolve a problem. However, things are warranted when there is danger to people. MORTON BASSAN came before the commission to speak on Correspondence 059. He has an orange grove on South Point Road that has been repeatedly raided by thieves. He made 21 police reports and got no action. He lost over $900,000 worth of oranges this year. Kona police refuse to do anything. He wants his people legally deputized so they can take action. Vice Chair Manago stated that he spoke to Assistant Chief Mahuna about his concerns, and they will get back to him. If he is not satisfied, he can then file a notarized complaint. Commissioner Mills moved to have the police department provide information to the commission on their findings regarding Mr. Russell and Mr. Bassan's concerns. The motion was seconded by Commissioner Muller and unanimously carried. JULIE JACOBSON came before the commission as a council member because Phillip Worman wrote her a letter about his concern. She is remaining neutral, and not taking a position. Thinks this is an opportunity to take a pro- active approach to the overall subject of working with the disabled community and the police. Understanding communication and behavior and the potential for misunderstanding is easy in this field. She understands some training of this has been done in the past, but it needs to be updated because of the turnover of officers and also because the field itself changes. There's a lot of new ideas about how to handle disabilities. DEL PRANKE came before the commission and spoke on his complaint HPC 01 -11. This case was brought before Judge Sandra Schutte with motion to dismiss this case with prejudice. That means that the documents from the court are now public documents, so there's no matter of personal privacy. He is filing a complaint against a detective for failing to conduct an impartial investigation. Believes the officer was pressured by the politics of having the police chief make this complaint and to doing a poor investigation. The detective failed to obtain all the photos taken during the incident. He should have collected the negatives. Former Chief Carvalho field a harassment charge against him which is shibai. He then told Officer Toledo, who lives a house or so away from him, that he had trespassed on Officer Toledo's property. That was blatantly false. This should have been obvious by the evidence, and this should never have gone to the prosecutor's office. Further stated that he has more evidence to present and is willing to continue at another time when the commission does not have such a full agenda. Regular Session Minutes May 18, 2001 Page 3 Commissioner Mills stated that he is in favor of that and asked that the documents be given to the secretary so that they could review it ahead of time. Mr. Pranke stated that he will provide photos he took but that they would have to obtain the photos Carvalho and the detective took on their own. APPROVAL OF MINUTES Commissioner Lambeth moved to approve the minutes of April 20, 2001, and executive session minutes of January 19, February 16, and March 16, and April 20, 2001. The motion was seconded by Commissioner Mills and unanimously carried. PERSONNEL ORDERS Commissioner Mills moved to accept Personnel Orders 2001 -49 to 2001 -62. The motion was seconded by Commissioner Lambeth and unanimously carried. COMMUNICATIONS Commissioner Lambeth moved to accept communications as listed. The motion was seconded by Commissioner Mills. Discussion: Commissioner Moe stated that he would like to make amendments to Correspondence 65, Request for Proposal No. 1961. He would like to know whether there was a violation of law, policy, rule, or order before the complaint is considered. It should be mandatory that the investigator be fully knowledgeable of general orders, rules, and regulations of the police department. Chair Okabe stated that if he wants an amendment, he needs to be specific on the exact wording for the change. Ms. Pelayo informed that any change would be an attached amendment. The motion to approve the communications carried unanimously. COMMITTEE REPORTS Budget and Finance: Commissioners Manago and Lambeth had no report. Office Management and Staffing: Chair Okabe reported that they are working with the police department to upgrade the secretary's position. Rules and Policies: Commissioner Hara had no report. Contractual Services: Commissioner Mills reported that Request for Proposal 1961 needs to be approved because of time constraints. He moved to approve the RFP 1961 subject to amendments by Commissioner Moe. The motion was seconded by Commissioner Lambeth and unanimously carried. Public Relations: Commissioner Moe reported that he and Commissioner Hara attended the Police Week ceremony held at the Public Safety Building on May 14. Regular Session Minutes May 18, 2001 Page 4 Chair Okabe stated that he will discuss with the new commissioners their appointment to a committees during lunch recess. CHIEF'S REPORT Crime: Assistant Chief Hickcox presented a report which is attached for filing. Traffic: Assistant Chief Hickcox presented a reports which is attached for filing. Personnel: Assistant Chief Mahuna presented a report which is attached for filing. Finance: Business Manager Maesato presented a report which is attached for filing. Commendations: Assistant Chief Mahuna reported receiving 17 commendations since the last meeting. UNFINISHED BUSINESS: None. NEW BUSINESS: None. COMPLAINTS FOR CONSIDERATION (Public Statements) DAVID BASQUE came before the commission and spoke on his Complaint HPC 01 -13. He stated that he should have been notified of the time element of the meeting. His written complaint is self - explanatory. He has had no correspondence from the police department on what transpired or if they owed him an apology. The police department should follow -up and inform people on what's going on. There is no continuity in the police department. If a police officer doesn't know how to behave, how to serve, and have some knowledge of law and who he is supposed to protect, he or she should not be a police officer. He is a retired police officer who had a lot of respect at one time. Thinks the police are losing respect because they don't get in with the public. The police officer in his complaint did not even talk to him about what happened. He immediately took sides from the guy that called him, and the guy called him because he requested it. The officer should first ascertain who the complainant is and what is going on. This officer came with an attitude that nobody could change his mind, and nobody could tell him what to do. Commissioner Manago asked Mr. Basque to remain for the executive session in case the commission had any questions regarding the confidential police reports. Chair Okabe informed that on his complaint form, he had requested an executive session, to which Mr. Basque stated he did not request executive session. He also expressed displeasure with having to wait so long to give his statement. Commissioner Manago explained that the meeting starts at 10:00, but because of the length of the agenda, they cannot be certain of the time a case will come up. BRADFERD BASQUE came before the commission and spoke on his Complaint HPC 01 -17. He stated that when the officer came to the scene of the auto accident, he did not like his attitude. His insurance card was expired because the insurance company did not mail the new one. The officer hit him. The officer said he was getting abusive, so he put him Regular Session Minutes May 18, 2001 Page 5 (Basque) down. The officer told him that if he didn't shut up, he would punch him. The officer asked him if he wanted to fight, as did another officer. He wanted to settle the matter with the other party, the owner of the Corvette that he hit, but they called the police. He thinks it was because the other party wanted a police report. Complainant's Uncle Willie Kaluna gave a statement as a witness. Stated that he did not see the officer put Basque down. No one witnessed this. Basque was arrested for DUI. Commissioner Mills stated that he was totally confused as to this meeting's procedures. They are taking statements now and later will go into executive session to discuss the complaints again. They are not finishing each complaint before moving on to the next. The complainants are also naming officers in public and he is concerned that they are violating the rights of the police officers. Corporation Counsel Ashida stated that they are not violating their rights. People are speaking at their own risk if they say something libelous or slanderous. His responsibility is to ensure the spirit of the Sunshine Law and to protect the interest of the County of Hawaii and the Police Commission to assure that the commission does not engage in any conduct or dissemination of any information which would make the county liable. If the public comes up and says something that is libelous and scandalous, they do so at their own risk. He advised the commission not to mention the officer's name. The officer is given the option to be heard in either open or executive session. In these cases, they will hear the officer's side in executive session. Correspondence 67, request for reconsideration of HPC 00 -42: Commissioner Lambeth moved to reconsider the complaint. The motion was seconded by Vice Chair Manago and unanimously carried. PEGGY SAUNDERS came before the commission and spoke on her Complaint HPC 01 -16. She stated that her daughter was picked up for drinking in a public place. She was not called. The police asked her intoxicated daughter for her mother's number. She probably gave them a wrong number. They allowed her to call someone that she said was her uncle, and then released her to him. This was a 40 -year old man who is chasing her daughter around, and she either went home with him or back to the party. Her daughter said she tried to call, but it didn't go through. To allow a drunken 17 -year old to say anybody is her uncle and then let her go seems to be a very poor way to handle teenagers. This was very inappropriate. This seems to be a procedural problem. The officer told her he tried to call, but the call didn't go through, and her daughter told him she would call her uncle. Lunch recess was called at 12:15 p.m. The meeting reconvened at 1:32 p.m. Corporation Counsel thanked the public for returning. He explained that when the commission follows the agenda, a lot is based upon his recommendation to them. He advised the commission on the procedures to follow. Regular Session Minutes May 18, 2001 Page 6 EXECUTIVE SESSION Commissioner Moe moved to consider charges brought against officers of the Hawaii County Police Department where matters affecting privacy will be considered and a closed meeting is requested by individuals involved and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities. The motion was seconded by Commissioner Mills and unanimously carried. Corporation Counsel Ashida stated that the deliberations will be done closed to the public. This will become a public record only if as a result of the complaint the officer is terminated or fired. The commission convened into executive session at 1:40 p.m., and then reconvened back into regular session at 5:10 p.m. OFFICER DEXTER VERIATO gave a demonstration on the proper use of handcuffs in response to complaints of handcuff use. ACTION ON EXECUTIVE SESSION MATTERS Complaints for Consideration HPC 00 -59: Complainant was arrested for drinking in public and resisting arrest. He alleged malicious use of physical force by the officers while affecting his arrest. He also alleged that the sergeant on duty allowed the officers to throw him against the wall and allowed him to be in his clothing with feces. Following an investigation of the complaint, the commission found that the allegations could not be supported, and the officers acted in a lawful and proper manner. Commissioner Lambeth moved to exonerate the officers. The motion was seconded by Commissioner Muller and carried with a nay vote from Commissioner Mills. HPC 00 -77: Complainant was arrested for DUI. He alleged that he told the officer that he was a crippled with pins in both shoulders and it would be torture for him to have his arms handcuffed in back. The officer did it anyway. While at the station, the officer placed a closed fist at his neck and pushed him down on a bench. Following an investigation of the complaint, the commission found that the allegations could not be supported, and the officer acted in a lawful and proper manner. Vice Chair Manago moved to exonerate the officer. The motion was seconded by Commissioner Lambeth and unanimously carried. HPC 01 -09: Complainant was arrested for DUI. He alleged that the handcuffs were too tight and the officer would not loosen it, he was not allowed to use the restroom, and when he tried to standup, he was forced face down to the ground. Vice Chair Manago moved to refer the complaint to the investigator for additional investigation. The motion was seconded by Commissioner Mills, and carried with an abstention from Commissioner Bertsch. Regular Session Minutes May 18, 2001 Page 7 HPC 01 -10: Complainant was arrested for DUI. He alleged that the officer pushed his head onto the car twice, backhanded him on his face, and whacked him in his upper chest and neck area. The officer also used profanity against him. Following an investigation of the complaint, the commission found that the allegations could not be supported, and the officer acted in a lawful and proper manner. Commissioner Lambeth moved to exonerate the officer. The motion was seconded by Commissioner Mills and unanimously carried. HPC 01 -11: Complainant alleged that while conducting an investigation, an officer failed to treat him in a fair and impartial manner when he intentionally or incompetently dealt with the evidence and facts in the investigation. Commissioner Mills moved to defer the complaint to the next meeting in Hilo scheduled for July 27 in order for the commission to review documents presented by the complainant ahead of time. The motion was seconded by Commissioner Lambeth and unanimously carried. HPC 01 -13: Complainant alleged that while investigating an incident in which a vehicle came onto his property, an officer told one of the men in the vehicle that he should hire a lawyer and sue him (owner of property) for unlawful detainment and /or imprisonment. Commissioner Mills moved to refer the complaint to the investigator for additional investigation. The motion was seconded by Commissioner Lambeth and unanimously carried. HPC 01 -14: Complainant alleged that an officer mistakenly went to her house to serve a warrant. While there, he sprayed pepper spray on her two dogs that were in a kennel. Following an investigation of the complaint, the commission found that the officer followed proper procedures. Vice Chair Manago moved to exonerate the officer. The motion was seconded by Commissioner Mills and unanimously carried. HPC 01 -15: Complainant alleged that while investigating a harassment complaint, the officer told her that they couldn't do anything because the suspect did not commit a crime. Holding her hand was not a crime. Following an investigation of the complaint, Commissioner Mills moved to sustain the charge of performance of duty as there was sufficient evidence to support the allegation. The motion was seconded by Commissioner Lambeth and unanimously carried. HPC 01 -16: Complainant's minor daughter was arrested for being intoxicated in a public place. She alleged that an officer did not call her and released her to someone who was not a relative. Following an investigation of the complaint, the commission found that the officer followed proper procedures. Commissioner Lambeth moved to exonerate the officer. The motion was seconded by Commissioner Muller and unanimously carried. Regular Session Minutes May 18, 2001 Page 8 HPC 01 -17: Complainant was arrested for DUI. He alleged that an officer tried to provoke him into a fight, body pushed him, then took him to the ground. The officer told him to shut his mouth or he would shut him up with a couple cracks to his face. Vice Chair Manago moved to refer the complaint to the investigator for additional investigation. The motion was seconded by Commissioner Mills and carried with Commissioner Bertsch casting a nay vote. Deliberation of Complaints HPC 00 -63: Complainant alleged that an officer used harsh language over the phone and misused his position to conduct non - police activities. Following an investigation of the complaint, the commission found that the officer was neither on duty nor acting under the color of authority, and the complaint was not based on facts. Commissioner Lambeth moved that the charges of Standard of Conduct, Obedience to Laws, Misuse of Position, Truthfulness, Overbearing Conduct, and Conduct Towards the Public were unfounded. The motion was seconded by Commissioner Mills and unanimously carried. HPC 00 -72: Complainant alleged that an officer failed to include documents in his report when it was routed to the prosecutor. Following an investigation of the complaint, the commission found that the complaint was not based on facts. Commissioner Manago moved that the charges of Standard of Conduct, Performance of Duty, Falsification of Records, Truthfulness, and Impartial Attitude were unfounded. The motion was seconded by Commissioner Mills and unanimously carried. ANNOUNCEMENTS Chair Okabe announced that he is appointing Commissioner Kama to the contractual services committee and Commissioner Bertsch to the Rules and Policy committee. There were no objections to the appointments. The next regular monthly meeting is scheduled for June 15, 2001, at 10:00 a.m., at the Aston Keauhou Resort, 78 -6740 Alii Dr., Kona. ADJOURNMENT The meeting adjourned at 5:30 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR