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tv   [untitled]    January 4, 2012 7:01pm-7:31pm PST

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spend two hours with lt. yick reviewing the rules and procedures and give him a 10 question exam to make sure he understands them. i get the feeling he does not. that is something i would recommend as part of this commissions disposition. i do not think we should terminate him if he does do the work but we have to make sure he knows what he is doing at theater stance the ramification of his next mistake would be termination. >> i wanted to point out that under your interim rules for patrols t special officers, once a patrol special or an assistant polk -- patrol officer has been punished for violations, such individuals shall not receive any other punishment for the same incident. however, prior sustained
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allegations of misconduct or imposition of disciplinary action may be considered in a subsequent disciplinary proceeding or proceedings for purposes of fixing penalty. if there is in the future another violation that is sustained, whatever the penalty is for that new and fraction can take into account whatever penalty you impose today. the fact that there has been prior specifications sustained against this officer. and so the concept of termination held at the band's full soleil in this context because you can always take into consideration the prior disciplinary history when you are imposing discipline in the subsequent case.
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>> i wanted to ask also because we do this with our officers if he has any prior sustained allegations. >> no. >> do you want to set the disposition given you have heard this matter at the hearing? >> among suspension? president mazzucco: how about the training aspect of this, retraining? commissioner kingsley: is that enforceable to make a requirement? >> these are different and then personnel where you had charter of limitations on the penalty.
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here with the concurrence of the officer is i understand it. the commissioner can order further training but the chief could also order further training. >> given the fact we sustained five of the allegations it should be written in the training aspect. we do that with officers anyway. i do not see why we would not. commissioner kingsley: is there a motion? i move that we suspend assistant patrol special officer ernest tachihara for 30 days, 10 days to be served immediately and then the remainder starting on, what day? >> the 11th which will be next week. >> in that instance, to wait and have the entire 30 days start on
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january 11. >> that is 30 days total. >commissioner kingsley: yes, sir. >> does that include sundays? >> 30 working days. commissioner kingsley: a thirty day period. whenever days you would work during that time. is there an issue around that from a legal standpoint? >> working days and calendar days are completely different things in this context. the commission needs to specify which it means. if you are doing working days, that will be a suspension for approximately six weeks on the calendar. i do not know how these schedules are counted. it is a different thing. commissioner kingsley: the
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motion was for 30 days, calendar days. and second, aassistant patrol special officer ernest tachihara will engage in training with inspecter -- lieutenant yeck. and answer a ten question examination after that tutoring. or educational process takes place and that should be completed within the next 30 calendar days. >> i wish to bring up i will be out of the state for the next 30 days. it will have to be after february 11. the end of suspension. president mazzucco: it can i go
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back to work until you have passed that test. >> i will not be here to attend this class. you are putting a date on when i should attend this class. >> you bring a good point. commissioner kingsley: were you planning on being out of the country in any event for the next -- >> i was. do you want to know the reason? commissioner kingsley: no. it is not relevant. >> this was made in advance of this meeting. commissioner kingsley: it would not be working during that time anyway. the suspension -- you would not be working during that time after the 11th, while you are out of town. >> she said the suspension would began if i was suspended, i could leave town or do anything i want, i just could not work. is that correct? commissioner kingsley: the
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intention around this penalty is a suspension away from work. if you already are scheduled for vacation leave for personal leave for some of your leave of your work and you're not working during that time, then the suspension, i would propose -- >> i volunteered to give you the information because of the class, i did not want to miss class but i did not intend to give you this information so you could bounce the suspension. commissioner kingsley: when you getting back -- are you getting back? >> the first week of february. commissioner kingsley: ok. so let's have the suspension start on february 15. >> excuse me. i know the objective is to or
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teach will lessen. why do want to create a hardship? pacommissioner kingsley: and is what a suspension is preadapted -- that is what a suspension is. ko, >> you do not know when you are coming back? >> i understand it is 30 days suspension but i am saying with his personal family -- it is not my choice. i made this before this hearing. that is 60 days i can't work. commissioner kingsley: i will understand what you're saying. bukata commentecomments from ot commissioners? only in agreement? the training also takes place between february 15, 2012, and
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march 15, 2012, to be completed by march 15, 2012. does that work for the lieutenant schedule as well? i see a nod. >> the suggestion is the training would be as arranged by the department. i understand a la tenet may not be in that position to provide that training. -- the lieutenant may not be in the position to provide that training. commissioner kingsley: is there a second for that resolution? >> second. commissioner kingsley: all in favor? >> you want roll-call vote? >commissioner kingsley: please. >> on the motion.
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training is arranged by the department. how do you vote? president mazzucco: aye. vice president marshall: aye. commissioner chan: aye. commissioner kingsley: aye. commissioner terman: aye. >> the motion carries. 5-0. >> will i receive all of this in writing as to what has happened today? commissioner kingsley: you will. thank you. >> item #seven. public comment on items. president mazzucco: public comment. hearing none, public comment is closed. >> a vote on whether to hold
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closed session and whether to assert the attorney-client privilege in regard to item 9s. -- 9a. president mazzucco: all in favor? will move to close session. -- we will move to close session. -- closed session.
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