Loading...
HomeMy WebLinkAbout031811_REGULAR_MINUTES COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date: March 18, 2011 Location Mo'ikeha Building—Meeting Room 2 A/B Start of Session: 9:06 a.m. I End of Session: 10:50 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa Jr; Thomas M. lannucci; Alfredo Nebre Jr.; and James O' Connor Also: Chief Darryl Perry; Assistant Chief Mark Begley; Assistant Chief Roy Asher; Assistant Chief Alejandro Quibilan; Captain Hank Barriga; Deputy County Attorney Justin Kollar; Lt. Eric Shibuya; Waimea District Commander Lt. Richard Rosa; Officer Anthony Abalos. Boards and Commissions Office Staff: Deputy County Attorney Jennifer Winn; Administrative Aide Paula Morikami and Support Clerk Mercedes Youn. Excused Commissioner Russell Grady Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:06 a.m. Approval of Chair Iona called for a motion to include Officer Arnold Cayabyab in the Recognition and Mr. Kanekoa moved Agenda Commendation Report. to amend the agenda to include Officer Arnold Cayabyab in the Recognition and Commendation Report; seconded by Mr. lannucci and carried 5:0 Mr. O'Connor moved to approve the agenda as amended; seconded by Mr. Nebre and carried 5:0. Kauai Police Commission Open Session March 18, 2011 Page 2 SUBJECT DISCUSSION ACTION Approval of Open Session Minutes of February 25, 2011. Mr. Kanekoa moved Minutes to make a correction Mr. Kanekoa requested that a correction be made on page four(4) under business item KPC 2011-03. on page four(4) to The last paragraph should indicate a percentage of 20% and not 2%. the minutes to reflect 20% and not 2%; seconded by Mr. O'Connor and carried 5:0. Mr. O'Connor moved to approve the minutes of February 25, 2011 as amended; seconded by Mr. Nebre and carried 5:0. Recognition & Officer of the month Commendation Mr. Richard Rosa, Waimea District Commander and Lieutenant in the Kaua'i Police Department, Report informed the Commission that Officer Anthony Abalos was nominated by his Supervisor Sergeant Kenneth Cummings for his excellent investigative work that resulted in the detainment of a suspect in a burglary case. His observations and subsequent initiative in obtaining search warrants for two (2) unrelated incidents resulted in the recovery of drugs and drug paraphernalia. Chief Perry presented Officer Abalos with a Certificate of Merit for his professionalism and knowledge that were truly significant factors that lead to the arrest of the individual and his commitment in keeping our community safe. Officer Arnold CgyLbyab Also recognized but not in attendance was Officer Arnold Cayabyab. Mr. Eric Shibuya, Lieutenant in the Kaua'i Police Department Vice-Section, informed the Commission that during the week of Kauai Police Commission Open Session March 18, 2011 Page 3 SUBJECT DISCUSSION ACTION February 28 through March 4th, canine handler Officer Cayabyab attended the 2011 Hawai'i Canine Conference on Oahu. The conference consisted of four(4) days of lectures from the California Narcotics Canine Association and the American Working Dog Association, including a day of competition between the canine handlers. The objective of this competition was to search a building for various types of narcotics. Officer Cayabyab and his canine Simon produced a time of seven (7) minutes and nineteen(19) seconds that earned him 2nd place among participants from other counties. First place went to the Honolulu Police Department. Lt. Shibuya stated that since the resurrection of the Canine Program back in 2008, Officer Cayabyab and canine Simon were responsible for securing fifty(50) search warrants that resulted in seizures of thirty-nine (39)pounds of processed marijuana; one hundred (100) grams of crystal meth; two-hundred thirty-six (236) grams of cocaine and; fifteen (15) ecstasy pills. Also included was $119, 405 in U.S currency and drugs with an estimated street value of, $158,400. The Commission requested for Lt. Shibuya to convey their congratulations to Officer Arnold Cayabyab for a job well done. In addition, Chair Iona expressed his utmost appreciation to the Kaua'i Police Department handling of the situation during the tsunami warning on March 11, 2011. The timely evacuation and securing of all low lying areas in the Waimea inundation zone were undoubtedly appreciated by the citizens. A special appreciation went out to Assistant Chief Roy Asher who coordinated the evacuation efforts. Chief Perry added that the department held its debriefing meeting on everything that occurred during the tsunami warning and offered to do a presentation for the Police Commission at their next meeting. Presentation by Deputy County Attorney Kollar thanked the Police Commission for giving him the opportunity to do Deputy County the presentation. Mr. Kollar also thanked Mr. Mitchell Roth of the Hawai'i County Prosecutor's Attorney Justin Office. The presentation is also used in other avenues to provide training and information to Police Kollar on the and Prosecutor's across the state. Ignition Interlock Below are the topics covered in the presentation: Law What is the Ignition Interlock Law? The I nition Interlock device is a breath analyzer that is connected to the ignition of a vehicle. If an Kauai Police Commission Open Session March 18, 2011 Page 4 SUBJECT DISCUSSION ACTION individual's breath-alcohol concentration is greater than 0.02 the motor will not turn on. This law will require that all licensed OVUII (operating a vehicle under the influence of a toxicant) offenders who are adjudicated by ADLRO (Administration of Driver License Revocation Office) or convicted by the court to have the device installed in the car. Individuals who choose not to install the device into any vehicle operated by them during their revocation period will be absolutely prohibited from driving during the revocation period. Hawaii's Ignition Interlock His1M Prior to 1993, HRS 291-4 allowed a judge to require a convicted DUI Defendant to put the device on his/her vehicle. This provision was later taken out. In 2008 the Legislature established a task force to study issues needed to establish and implement a program. In 2009 the Legislature made amendments to Act 171 of 2008 and sent the issue back to the Task Force. Act 166 of 2010 incorporated many of the task force recommendations. On January 1, 2011 the Ignition Interlock Law became law of the land. Who will need this device? All people who are convicted of an OVUII that had their license revoked by the Administration of Driver License Revocation Office are required to have this device. Individuals who choose not to install the device into any vehicle operated by them during their revocation period will be absolutely prohibited from driving. Administration changes to the Hawai'i Revised Statues 291E-41 The revocation period for 1St time offenders with no prior enforcement contacts within a 5 year period is 1 year revocation. If the individual refuses to take a breath test the revocation period is 2 years. 2"d Offense within one prior enforcement contact within 5 years is 18 months. Refusal is 3 a year revocation. 3rd Offense within two prior enforcement contacts within 5 years is 2 years. Refusal gets you a 4 year revocation. The revocation period of a respondent, whose records shows 3 or more prior alcohol or drug enforcement contacts during a 5 year period was shortened from a lifetime of revocation to a minimum revocation of 5 years to a maximum revocation of ten years. Kauai Police Commission Open Session March 18, 2011 Page 5 SUBJECT DISCUSSION ACTION 1"OUVII conviction in a 5 year Carries a one year revocation of license and privilege to operate a vehicle and must install the device on any vehicle the defendant operates. In addition, the defendant will be sentenced to a 14 hour minimum substance abuse rehab program and must do one or more of the following: 72 hours of community service; sentenced between 48 hours to 5 days of imprisonment or a fine between$150.00 dollars and$1000. The defendant must pay a surcharge of$25.00 for the neurotrama special fund and a possible surcharge of up to $25.00 for the trauma system special fund. 2nd OUVII conviction in a 5 year period Carries an eighteen to twenty-four month revocation of license and privilege to operate a vehicle during the revocation period. The defendant is required to install the ignition interlock device on any vehicle operated by the defendant. In addition, the defendant will be sentenced to either, but not less than 240 hours of community service, or sentenced between 5 and 30 days of imprisonment. A fine between $500 and $1500. A surcharge of$25.00 for the neurotrama special fund. A possible surcharge of up to $50.00 dollars for the trauma system special fund. 3rd OUVII conviction in a 5 year Carries a two year revocation of license and privilege to operate a vehicle during the revocation period. The defendant is required to install the ignition interlock device during the revocation period on any vehicle operated by the defendant. Fined between $500 and$2500. Pay a surcharge of $25.00 for the neurotrama special fund with a possible surcharge of up to $50.00 for the trauma system special fund. Sentenced between a 10 and 30 days imprisonment. Habitual OVUII/DUI Offenders The Administration Driver License Revocation Office requires that the defendant must have the device placed on any vehicle operated by the defendant between 5 to 10 years. Photo Confirmation The i nition interlocks stem must employ a digital camera by which a photograph of the person Kauai Police Commission Open Session March 18, 2011 Page 6 SUBJECT DISCUSSION ACTION using the device can be incorporated into the electronic record generated by each use of the device. Circumvention or tampering with the device Tampering with the device is strictly prohibited. No person shall knowingly assist another to circumvent or tamper with the interlock device. No person shall rent or lease, or lend a vehicle not equipped with an interlock device to a person restricted to driving a vehicle equipped with an interlock. Proof of installation Upon proof that the defendant has installed an ignition interlock device in the defendant's vehicle, the court shall issue a permit that will allow the defendant to drive during the revocation period. Refusals The law barred the use of a refusal as evidence in criminal hearings, is repealed. Refusal to submit to breath,blood or urine test is a petty misdemeanor that carries up to 30 days in jail; and/or up to $1000 fine. Installation and Maintenance The Director of Transportation will select a single vendor to install and maintain all Ignition Interlock Devices. The devices are required to be certified by an independent laboratory; they operate using alcohol- specific sensor technology and employ a digital camera on the device to prevent tampering and circumvention. In addition, the devices will be required to use a rolling test where the driver must be retested within a specific period of time or distance driven to prevent circumvention, and generate a record of vehicle usage, including dates, times and distances driven. Who Pam The offenders must pay for the total cost of installing and servicing the ignition interlock device. The cost for the device is runs about $60.00 a month and the installation fee is less then $100. Presentation by Mr. Henry Barriga, Captain in the Kaua'i Police Department, provided the Commission with a brief Captain Hank overview of the 2010 Administrative Investigations. Kauai Police Commission Open Session March 18, 2011 Page 7 SUBJECT DISCUSSION ACTION Barriga on the Overview of the In 2010 there were a total of 17 Administrative Investigations that were broken down to three (3) 2010 categories depending on the type of violation. The categories of the complaint source are as follows: Administrative performance, conduct and department policy violations. Ten (10) were internally generated Investigations investigations; four(4)were external or citizen complaints filed directly with the Police Department; and three (3) were Police Commission referrals. The Patrol Service Bureau had a total of I 1 Administrative Investigations, 7 from the Lihu'e; 2 from Hanalei; and 2 from Waimea. The ISB (Investigative Service Bureau)had a total of five (5), two (2) of which were for performance violations; one (1) for misconduct; and two (2) for department police violations. The A&T (Administrative Technical Bureau)had one (1) for department policy violation. In addition, Captain Barriga informed the Commission that currently there are three (3)pending investigations; and ten (10) investigations which are pending A&B Review of which four(4) have been sustained. Captain Barriga included a chart depicting the amount of disciplinary actions that were taken versus the administrative investigations that were conducted. In 2008 there were a total of 32 Administrative Investigations and 8 NDA's; in2009 there were a total of 17 Administrative Investigations and 21 NDA's; and in 2010 there were a total of 17 Administrative Investigations and 29 NDA's. Chiefs Monthly The reports are as follows: Reports 1. Administrative, Technical Services & Training Report/Orders 2. Fiscal Report 3. Patrol Services Bureau& Traffic Report 4. Community Oriented Policing Report for March 2011 for district Lihu'e, Waimea and Hanalei. 5. Investigative Services Bureau 6. Chief's Announcements • In reference to the Department's budget, Chief Perry reported that the department is on course Kauai Police Commission Open Session March 18, 2011 Page 8 SUBJECT DISCUSSION ACTION with a 55%percent that is slightly below the anticipated 57% of expenditures. • The Kaua'i Police Department is asking help from the public to help identify a male subject whose body was discovered on Kauai's North Shore. Chief Perry provided a picture of a ring that the individual was wearing. He urged the public to please call the Kaua'i Police Department at 241-1900 if they any have information. • In 2008 Chief Perry, along with Deputy Chief Mark Begley went to the E-911 Board and requested for funds to purchase an Enhanced Computer Aided Dispatch System. After working diligently with the various county agencies, the department was granted $3.9 million dollars for the system. Chief Perry thanked former Deputy Chief Mark Begley who played a major role in obtaining the much needed funds. • A vendor was finally selected to update the department's CAD System. • On behalf of Mr. Michael Layosa, Fleet Coordinator in the Kaua'i Police Department, Chief Perry read a letter extending his utmost gratitude to the Kaua'i Police Department. The letter also recognized Mrs. Jane Hamada, a senior volunteer fleet maintenance clerk for almost 13 years, for her commitment and dedication. Both Mr. Layosa and Mrs. Hamada will be retiring at the end of March. • There was one (1) letter of commendation involving Officer Mackenzie Metcalfe. The letter was received from Mr. & Mrs. Steven Smith thanking Officer Metcalfe for his display of professionalism and assistance to get them safely to their hotel. After arriving just before midnight, Mr. &Mrs. Smith came upon the Hanalei substation where they met Office Metcalfe. Officer Metcalfe, who had just ended his shift, offered to have them follow him with their vehicle as he drove directly to their hotel. Business Kaua'i Police Commission public announcements for notarized complaints filed against officers of the Kaua'i Police Department. o KPC No.l l-01, The Police Commission has completed its review and deliberation of the aforementioned complaint. The complainant alleges excessive use of force. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint and has forwarded the complaint to the Office of the Chief for further review and or Kauai Police Commission Open Session March 18, 2011 Page 9 SUBJECT DISCUSSION ACTION to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-01. o KPC No. 11-02, The Police Commission has completed its review and deliberation of the aforementioned complaint. The complainant alleges that she was falsely arrested. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint and has forwarded the complaint to the Office of the Chief for further review and or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-02. o KPC No.11-03, The Police Commission has completed its review and deliberation of the aforementioned complaint. The complainant alleges that officers treated her as being dangerous because she was in possession of a lemonade knife that she uses to cut her fruit. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint and has forwarded the complaint to the Office of the Chief for further review and or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-03. o KPC No. 11-04, The Police Commission has completed its review and deliberation of the aforementioned complaint. The complainant alleges that she was concerned for her 7 year old son who had to witness a taser gun being pointed at his father after being pulled over by officers. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint and has forward the complaint to the Office of the Chief for further review and or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-04. o KPC No.11-05, The Police Commission has completed its review of the aforementioned complaint. The complainant alleges that he was concerned for his 7 year old son who had to witness a taser gun being pointed at him after being pulled over by officers. Based on the information provided, the Commission found that there was insufficient evidence to uphold the Kauai Police Commission Open Session March 18, 2011 Page 10 SUBJECT DISCUSSION ACTION complaint and has forwarded the complaint to the Office of the Chief for further review and or to investigative if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-05. o KPC No.11-06, The Police Commission has completed its review of the aforementioned complaint. The complainant alleges that during an incident that occurred on 02/02/11 the officers at the scene refused to write a report of harassment against an individual who she claims was harassing her. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint and has forwarded the complaint to the Office of the Chief for further review and or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 11-06. Announcement Chair Iona announced that the next meeting will be held at Mo'ikeha Building, Meeting Room 2 A/B at 9:00 a.m. on Friday, April 29, 2011 with Executive Session to follow. The Commission, along with Chief Perry on behalf of the men and women of the Kaua'i Police Department expressed their utmost appreciation to Commissioner Russell Grady for his years of service as a member of the Kaua'i Police Commission. Mr. Grady was dedicated to his responsibilities and a strong supporter of the department. Commissioner Grady served on the Police Commission for six (6)years. Executive Session The purpose of this Executive Session is to review agenda items pursuant to the Hawai'i Revised Statutes §95-5 (a) (b), subsections (2), and(4), to consider the charges brought against an officer or employee where consideration of matters affecting privacy will be involved; and to consult with counsel on Commissions powers, duties, privileges, immunities, and liabilities. ES-12 Executive Session Meeting Minutes of February 25, 2011 ES-13 Notarized complaint KPC No. 11-07 filed on 02/28/11 against an unknown employee and the Kauai Police Commission Open Session March 18, 2011 Page 11 SUBJECT DISCUSSION ACTION Kaua'i Police Department 911 Dispatch Unit. ES-14 Copy of a communication dated 03/07/11 to Chief Darryl Perry regarding making a complaint At 10:02 a.m. Mr. and requesting for information on a police officer's handling of the complainant's police report. O'Connor moved to enter into executive session; seconded by Mr. Nebre and carried 5:0. At 10:05 a.m. Chair Iona called for a 10 minute recess for Hoike to breakdown. Return to Open The meeting reconvened at 10:50 a.m. Mr. Iannucci moved Session to Ratify to ratify the actions the actions taken taken in Executive in Executive Session for items Session ES-12 through ES- 14; seconded by Mr. Kanekoa and carried 5:0. Adjournment At 10:50 a.m. Mr. Kanekoa moved to adjourn; seconded by Mr. Nebre and carried 5:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Support Clerk Ernest Kanekoa Jr., Vice-Chair Kauai Police Commission Open Session March 18, 2011 Page 12 (x) Approved as is. (Approved on 04/29/11) ( ) Approved with amendments. See minutes of meeting.