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HomeMy WebLinkAbout2001-07-27 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION MINUTES — REGULAR SESSION JULY 27, 2001 HAWAII COUNTY COUNCIL ROOM, HILO CALL TO ORDER Chair Wilfred Okabe called the meeting to order at 10:00 a.m. ROLL CALL Present: Wilfred M. Okabe, Chair Also Present: Dwight K. Manago, Vice Chair John M. Bertsch, Member (arrived 10:18 a.m.) Daniel C. Kama, Member Phoebe M. Lambeth, Member Clarence Mills, Member Walter Moe, Member Peter P. Muller, Member Excused: A quorum was present. Lincoln Ashida, Corporation Counsel James S. Correa, Assistant Chief Thomas Hickcox, Assistant Chief Lawrence Mahuna, Assistant Chief Gary Maesato, Business Manager Josie Pelayo, Secretary Horace Hara, Member APPROVAL OF THE AGENDA Commissioner Lambeth moved to add correspondence 83, which is a notice to reschedule the meeting noted in correspondence 82, onto the agenda. The motion was seconded by Commissioner Mills and unanimously carried. PUBLIC STATEMENTS ON AGENDA ITEMS CORPORATION COUNSEL LINCOLN ASHIDA stated that this is an opportunity for the public to make a statement to the commission on any item listed on the agenda and is limited to five minutes pursuant to the police commission's rules. This includes items pertaining to complaints made against police officers. In a recent opinion he received from the Office of Information Practices, it is their recommendation, and it will be the practice of the Hawaii Police Commission, that they allow members of the public to present their complaint or statement in a session either open or closed to the public. The five- minute time limit will stand for either session. He further stated that he is the attorney for the police commission and in no way should his comments be construed in anyway that he represents the public. Anything that is said concerning a police officer or another person involved in a complaint against a police officer which may be considered either libelous, slanderous, or defamatory may be the subject of a lawsuit brought by an aggrieved party against the person making the statement for money or other damages. C. J. MOORE came before the commission and spoke regarding Complaint HPC 00 -25. Stated that one year ago this month she came to this commission with her complaint. Is disappointed with the investigation. Would like to know the details of the investigation and how much it cost the taxpayers. Nothing has changed in her residence. She lives next door to a police officer's property. Nothing has changed except the amount of stress. She and her tenant leave the house because of the noise coming from this property. She has been seeing a physician for the past year for stress. CORPORATION COUNSEL ASHIDA stated that the commission could ask questions now in open session or closed session. However, he recommended that if the questions included confidential matters, they should do it in executive session so as not to violate the rights of any police officer. Regular Session Minutes July 27, 2001 Page 2 EXECUTIVE SESSION STATEMENTS ON AGENDA ITEMS Vice Chair Manago moved to meet in executive session 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 Lambeth and unanimously carried. The commission convened into executive session at 10:06 a.m. and then reconvened back into regular session at 11:22 a.m. APPROVAL OF MINUTES Commissioner Lambeth moved to approve the minutes of June 15, 2001, regular and executive sessions and December 22, 2000, executive session. The motion was seconded by Commissioner Mills and unanimously carried. PERSONNEL ORDERS Commissioner Mills moved to accept Personnel Orders 2001 -72 to 2001 -89. The motion was seconded by Vice Chair Manago and unanimously carried. COMMUNICATIONS Commissioner Lambeth moved to accept communications as listed, including correspondence 83. The motion was seconded by Commissioner Muller. Discussion: Regarding correspondence 79, Commissioner Lambeth pointed out that if a vehicle's stickers are expired, the officer doesn't have to put the citation on the vehicle, he can send it through the mail. This happened to her. Chair Okabe informed that he and Chief Correa will attend the law enforcement task force meeting on August 1 as noted in correspondence 83.. The motion to accept the correspondence carried unanimously. COMMITTEE REPORTS • Budget and Finance: Commissioners Manago and Lambeth had no report. • Office Management and Staffing: Chair Okabe and Commissioner Muller had no report. • Rules and Policies: Commissioner Bertsch had no report. • Contractual Services: Request for Proposal 1961: Commissioner Mills reported that the proposals will be reviewed in executive session. • Public Relations: Commissioner Moe had no reported. CHIEF'S REPORT • Crime: Assistant Chief Hickcox presented a report which is attached for filing. • Traffic: Assistant Chief Hickcox presented a report which is attached for filing. • Personnel: Assistant Chief Mahuna presented a report which is attached for filing. Chief Correa reported that the recent recruits filled all but one vacancy. • Finance: Business Manager Maesato presented a report which is attached for filing. • Commendations: Chief Correa reported receiving 31 letters of commendation since the last meeting. UNFINISHED BUSINESS: None. Regular Session Minutes July 27, 2001 Page 3 NEW BUSINESS: • Hawaii State Law Enforcement Official's Association Conference August 14 -16, 2001. Topics for discussion at commissioners' meeting on August 16. Chair Okabe reported that registrations have already gone out for the conference which will be held at the Outrigger Waikoloa Beach Resort. A commissioners' breakfast meeting will be held on August 16 to discuss common concerns. • National Association for Civilian Oversight of Law Enforcement Conference, October 9 -12: Chair Okabe reported that in the past, the chair and vice chair have attended this conference. However, if the commissioners wish to change this practice, they need to make a motion. Commissioner Mills moved that the chair and vice chair attend this conference, and if either one cannot, they should have an alternate. The motion was seconded by Commissioner Muller and unanimously carried. Chair Okabe asked that he be notified if anyone is interested in attending this conference. EXECUTIVE SESSION Commissioner Lambeth 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 Vice Chair Manago and unanimously carried. The commission convened into executive session at 11:56 a.m. and then reconvened back into regular session at 12:15 p.m. ACTION ON EXECUTIVE SESSION MATTERS Consideration and Deliberation of Complaints HPC 01 -11: Complainant alleged that while conducting an investigation, an officer failed to treat him in a fair and impartial manner when he dealt with the evidence and facts of the investigation. Commissioner Lambeth moved that the allegations of misconduct were unfounded and not based on facts. The motion was seconded by Commissioner Muller and unanimously carried. HPC 01 -20: Complainant alleged that while investigating the theft of rubbish from his residence, an officer walked around his property without permission and acted in a hostile manner. Commissioner Mills moved to decline any further investigation on the complaint because there was no misconduct on the part of the accused officer. The motion was seconded by Vice Chair Manago and unanimously carried. HPC 00 -25: Complainant alleged that while complaining to an officer over the phone about his tenant's barking dogs, the officer spoke to her in an arrogant manner and used insolent language, and that he commanded a subordinate not to respond to her complaint. Wood & Tait's investigation was reviewed. Vice Chair Manago moved to dismiss the complaint due to the complainant's falsification of her notarized complaint. The motion was seconded by Commissioner Moe and unanimously carried. Corporation Counsel Ashida advised that the commission is an aggrieved party if it believes the person has knowingly falsified a document. Notarizing the complaint may constitute the crime of false swearing in an official matter, and either one of the commissioners can file a criminal complaint with the police department. Regular Session Minutes July 27, 2001 Page 4 HPC 00 -47: Complainant alleged that while conducting an investigation of a domestic abuse case, the officer did not obtain complete statements from her and her attacker, and that the officer did not remain impartial because he was impressed with the suspects athletic ability. Wood & Tait's investigation was reviewed. Commissioner Mills moved to sustain the charges of Performance of Duty, Obedience to Laws, Written Orders, Policies; and Impartial Attitude. The motion was seconded by Commissioner Lambeth. The motion carried with a roll call vote of: Aye: Kama, Mills, Lambeth, Muller Okabe Nay: Moe, Manago, Bertsch HPC 00 -65: Complainant alleged that following the theft of his vehicle and his wife's purse, an officer did not conduct a thorough investigation, and that he was inconsiderate when he refused to transport them to their home. Wood & Tait's investigation was reviewed. Commissioner Mills moved to exonerate the officer on the charges of Misuse of Position or Office and Conduct Towards the Public, but to sustain the charge of Obedience to Laws, Written Orders, and Policies. The motion was seconded by Commissioner Lambeth and unanimously carried. Request for Proposal No. 1961: Furnishing Investigative Services for the Hawaii Police Commission. Commissioner Lambeth moved to defer this to the next meeting. The motion was seconded by Commissioner Mills and unanimously carried. ANNOUNCEMENTS The next monthly meeting will be special meeting scheduled for August 24, 2001, at the Aston Keauhou Resort, 78 -6740 Alii Dr., Kona. ADJOURNMENT The meeting was adjourned at 12:24 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR