we are just waiting for the assistant patrol special officer tachihara's signed paper. commissioner kingsley: what we did not have was his signature. >> it was my understanding he had one question. commissioner kingsley: thank you. assisted latroy special officer -- assistant patrol special officer tachihara. >> this was in abeyance. only one charged. number one, which i have admitted far, and i just think that that -- which i have admitted fault. for three years. as far as the other penalty, the suspension and the remainder held in abeyance, that is perfectly acceptable, and i just want to question whether that was -- commissioner kingsley: chief, did you have a comment? >> yes. the agreement that we struck is that your position, the things as alleged, would never happen again, so we believed if they did not happen in three years, that would be good enough. >> the reason i brought this up is that i was led to believe that anything that happens to me, if it is only in reference to the existing charges, then i agree with it, and the other item is, and i bring in that now

commissioner terman: i understand i want to make sure that officer tachihara understands. president mazzucco: have been patient with where you have been doing and i think other commissioners have been also. your problem is you play in a gray area. and your problem is when you're asked a question about do you understand this, i do, and i know you do. you have had negotiations represented by counsel at one point and you have looked at this agreement. there has been a lot of work and effort and you have had time to digest it and it is relatively simple. you cannot give a straight answer. when you're asked a question, or you a police officer in washington, d.c., you draw the proverbial fog ball. yes i was and this is when i served, and this had better be the truth. the car you have in that last answer that you do not have. for some strange reason your car mimics the car of the undercover car. same color, the same number of light -- antennas. you had better be careful. >> i gave you prove to which is my vehicle so you can make positive identification. i am not in violation. as

i do not believe and after hearing what assistant patrol special officer ernest tachihara said tonight, i believe that a vote in favor of the stipulated agreement sends a message to him and a message he in turn is going to take out to his colleagues. these charges, two and three in particular as well as six concern me. these charges were dismissed against him. that is the way the agreement raids. i find that problematic. >> this is the language we used. this is no different than any -- the question is, i understand the second concern about this language cannot be any clearer. this is what we put in all the agreements. the language is not going to change. i had concerns in the beginning. we could take a vote. commissioner chan: i want to say where based on this discussion where we are. it seems like there are -- there is not full acceptance of the stipulation. there is some acceptance. i would entertain the idea of moving to discussion after we discuss the stipulation. we vote to sustain or not sustain certain charges so it is clear what the commission's decision is. just to let you kno

assistant patrol special officer ernest tachihara engaged in conduct unbecoming a member of the patrol special in violation of the rules and specifications. is there motion? second? >> how do you vote? president mazzucco: aye. vice president marshall: aye. commissioner chan: no. commissioner kingsley: aye. commissioner terman: aye. >> sustained by a vote of 4-1. commissioner kingsley: i do not believe there is a necessity to summarize the boats -- votes. yioou are both present. do you have questions with regard to the outcome of the vote? ok. we are moving into the penalty portion of the proceedings. president mazzucco: what is your recommendation? commissioner kingsley: recommendation would be something similar to what was worked out in the negotiated agreement in terms of penalty. i would like to see a logger suspension, however. -- blogger suspension, however. -- longer suspension, however. i would like to allow the officer second chance. i think that he is a person that works very hard. he truly does believe in and tries to seek to serve and protect as he indicated in his documents

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 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 to