RULES CHANGE WOULD ADD NO TEETH TO POLICE COMMISSION

Proposed changes to the county Police Commission's rules and
regulations likely won't increase the nine-member committee's
authority to serve effectively as a Police Department watch dog.

"Except for purposes of inquiry, or as otherwise stated in the
charter, neither the commission nor its members shall interfere in any
way with the administrative affairs of the department," the
commission's amended draft rules and regulations reads.

Police Commission Chairman Thomas Whittemore said the changes were
primarily for "housekeeping," and he did not expect any changes to the
commission's authority.

Public charges of misconduct against an officer or the department are
received, heard and preliminarily investigated by the commission,
which then reports its findings to the chief, who has sole discretion
regarding further investigation and discipline. The commission does
not have the authority to monitor internal investigations or
disciplinary actions taken.

However, commissioners receive a general summary of actions taken by
the department, Whittemore said, noting the information is not
publicly available because of state privacy laws.

In 2009, 15 officers were suspended for up to 16 days each, and one
officer was terminated after failing a mandatory drug test, according
to the department's Annual Misconduct Report. The terminated officer's
name can't be released until at least July 27, when the employee's
period to contest the termination expires, Police Chief Harry Kubojiri
wrote in a March 1 response to West Hawaii Today's request for the
officer's name.

It remains unclear whether any of the suspensions resulted from public
complaints.

Kubojiri was unavailable for comment Thursday as he was out of the
office for the Prince Kuhio holiday weekend. Deputy Chief Paul
Ferreira declined comment Thursday, referring West Hawaii Today's
inquiry to Kubojiri.

Proposed changes would require that the commission evaluate the police
chief at least once annually and review the department's operations to
recommend areas for improvement.

The time limit to file complaints with the commission would be
extended from 60 days to 90 days from the date of the incident and the
commission could vote to accept a complaint outside the time limit if
deemed necessary.

The proposed amendments would also clarify that police employees
cannot be subpoenaed by the commission during an investigation and
that commissioners cannot disclose confidential information not
publicly available.

The commission last updated its rules and regulations in October 2005,
and it now appoints and dismisses a chief, reviews the chief's annual
budget and advises the chief on community relations. The commission
also submits an annual report that is to include a summary of charges
filed against the department and their disposition to the mayor,
managing director and County Council.

According to the commission's 2008 Annual Report, 33 notarized
complaints were received that year. Six of the complaints were
ultimately referred to police Internal Affairs for further
investigation and one complaint was deferred for the state Attorney
General's opinion.

Two of the seven forwarded complaints had sufficient evidence to prove
allegations; however, information regarding resolution of the
complaint was not included in the report.

South Hilo led the island with 10 complaints followed by Kona and Puna
with six complaints in each district. North Kohala officers received
no complaints. A total of 31 officers were named in the complaints
with two officers receiving two complaints and another two officers
each receiving three complaints.

Every public complaint the commission receives is forwarded to the
police chief, said Josie Pelayo, Police Commission secretary.
Complaints that the commission finds evidence to support an allegation
of misconduct are forwarded to the chief for further
investigation.

Of the 10 complaints received during the commission's Feb. 19 meeting
in Kona, two were forwarded to police to conduct their own
investigation into the allegations after a four-hour executive
session, which is closed to the public and complainants. Six
allegations were dismissed, and two were delayed until the
commission's next meeting.

A public hearing on the proposed changes is slated for 9 a.m. April 23
in Kailua-Kona at the old mayor's conference room on Kuakini Highway.
For a copy of the proposed changes, visit
http://www.hawaii-county.com/police_commission/police_commission.htm
and click on "revised rules" below the April 23 public hearing's
agenda. A copy may also be obtained by calling 932-2950.

Written comments must be filed with the Police Commission by April 13
at 101 Pauahi St., Suite 9, in Hilo. Comments may also be faxed to
932-2949 or e-mailed to jpelayo@co.hawaii.hi.us. The public may also
testify at the hearing.