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HomeMy WebLinkAbout052011_REGULAR_MINUTES COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date May 20, 2011 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:00 a.m. End of Meeting: 10:33 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa Jr.; Thomas M. Iannucci; Alfredo Nebre Jr.; James O'Connor; Bradley Chiba; and Randall Francisco. Also: Chief Darryl Perry; Assistant Chiefs: Roy Asher; Alejandre Quibilan; and Mark Begley; Sergeant Trent Shimabukuro; and Officers Brian Silva and Michael Nii; and Deputy County Attorney Jennifer Winn. Boards and Commissions Staff. Administrative Aide Paula Morikami; and Support Clerk Mercedes Youn. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:00 a.m. Approval of Mr. Kanekoa moved to Agenda approve the agenda as circulated; Mr. O'Connor seconded the motion. Motion carried 7:0 Approval of Mr. Iannucci moved to Minutes approve the meeting minutes of April 29, 2011 as circulated; Mr. Chiba seconded the motion. Motion carried 7:0 Recognition Employees for the month of May: Officers Michael Nii Jr. and Brian Silva Report Speaking on behalf of Hanalei District Commander Lt. Sandy Wakumoto and Acting Sergeant David Banquel (who wrote the letters of commendation for Officer's Michael Nii and Brian Silva)was Sergeant Trent Shimabukuro. Officers Michael Nii and Brian Silva were recognized for their actions in two unrelated incidents stemming from a routine beat check and a traffic stop. In both incidents, their observations and subsequent initiative which included having obtained search warrants Kaua'i Police Commission Open Session May 20, 2011 Page 2 SUBJECT DISCUSSION ACTION resulted in the recovery of illegal guns, drugs and paraphernalia. Their hard work and diligence were significant factors in the recovery of these items and a noteworthy achievement to protect the quality of life for the residents and visitors. Their efforts are a true reflection of their dedication to their profession and commitment to keeping our community safe. Chief Perry presented the Officer's with a Certificate in Recognition of Outstanding and Exempla Service to the Community. Recognition of the Sex Assault Nurse Examiners (SANE) Program The SANE Program is staffed by registered nurses who have had 40 hours advanced training and instruction in medical-forensic examination. Other members of the program include a Detective, Prosecuting Attorney and the YWCA. The Kaua'i Police Department started the SANE Program back in 2000 and provides a health care environment that aids in minimizing further trauma to sexual assault patients. The examinations of the patients are done in a private and secured room located at the Kaua'i Police Department. Assistant Roy Asher had the pleasure of introducing Registered Nurses: Jennifer Anthony; Ricko Rask; Char Ono; and Gina Kaulukukui, Program Coordinator. Also recognized but not in attendance was Ms. Cash Lopez with the State Department of Health/Family Health Center. Chair Iona and members of the Police Commission extended their appreciation of the SANE Program and its staff members who provide immediate, compassionate care to its patients that is vital to the benefit of the community. Commendation Commendation Report for May 6, 2011 Report Chief Perry reported that there were three (3) letters of commendation recognizing five (5) employees. The employees are Captain Michael Contrades; Acting Lieutenant Sandy Wakumoto; Officer Anthony Morita; Sergeant Kenneth Carvalho; and Lieutenant Dan Fort. Presentation by Deputy County Attorney Justin Kollar provided information regarding the State Public Kaua'i Police Commission Open Session May 20, 2011 Page 3 SUBJECT DISCUSSION ACTION Deputy County Records Law and how it effects the operations of the Kaua'i Police Department. Attorney Justin Kollar The Hawai'i Revised Statutes Chapter 92F Uniform Information Practice Act (UIPA)governs the obligations of the Kaua'i Police Department and the public's right to access government records The Public Records law has four(4)primary sections: 1) General Provisions and Definitions; 2) Freedom of Information; 3) Disclosure of Personal Records; and 4) Office of Information Practices; and Duties. The UIPA requires agencies like the Kaua'i Police Department to make the information requested available in the format requested; if readily retrievable in that form. The UIPA provides that certain types of information are exempt from disclosure but places limits on what types of information. Information exempt from disclosure are as follows: information related to medical, psychiatric or psychological history, diagnosis, condition treatment or evaluation; information identifiable as part of an investigation to a violation of the criminal law, except to the extent that the disclosure is necessary to prosecute the violation or to continue the investigation; information in an agency's personnel file related to public employment or appointment to a government position except for the information related to employee misconduct, suspension and discharge. Also considered exempt from disclosure is information on an individual's personal finances, assets and income liabilities; information comprising of personal recommendations or evaluation and social security numbers; and materials that are part of an ongoing litigation dispute involving the county. The Kaua'i Police Department considers each request individually and carefully to ensure that the department honors it obligations under the law, while protecting sensitive law enforcement investigations as well as the privacy rights of the individual concerned in the reports. To date the department has been successful in avoiding litigation and hopes to continue to work closely with the public and journalistic institutions to maintain a positive relationship that the department currently enjoys. For more information on the Hawai'i Open Records Law, visit the Office of Information Practices website at www.hawaii.goy/oip . Chiefs Monthly 1.Fiscal Report Reports 2.Patrol Services Bureau and Traffic Report Kaua'i Police Commission Open Session May 20, 2011 Page 4 SUBJECT DISCUSSION ACTION 3.Community Oriented Policing Report for May 2011 for the district of Waimea 4.Investigative Service Bureau Report Mr. O'Connor asked whether the 100 percent cleared cases for the Vice Section is due to the officer working over time. Assistant Chief Alejandre Quibilan explained that the Vice Officers initiate their own investigation which gives them more control and time devoted to each individual case. Most of the cases are solved. Unlike a burglar or robbery case, the suspect(s)remains at large and more follow up is needed to locate witnesses (if any) to interview them, and as a result, it keeps the cases open. 5. Chief's Announcements Chief Perry wanted the public to know that it was collaboration between the Prosecuting Attorney's Office and the Kaua'i Police Department that lead to the indictments of the individuals mentioned in a recent press release by the Prosecutor's Attorney's Office. Chief Perry stated that all of the cases mentioned in the press release originated from the Police Department with the collaboration efforts of the Prosecuting Attorney's Office, and both agencies worked extensively to bring the cases towards adjudication. Chief Perry announced that he participated at the D.A.R.E event that was held at the Kaua'i Memorial Convention Hall. He spoke with the students and gave them his commitment that the Kaua'i Police Department will continue its efforts in keeping the D.A.R.E Program alive. He stated that just recently the program was under attack, and it is now at risk of losing part of its funding. On Oahu there were significant cuts in the amount schools and officers assigned to the program. Chief Perry stated that although the studies show that the program has not been effective in keeping the youth from using drugs, his beliefs differ. He vowed to continue the efforts in keeping the program alive by continuing to place officers in the schools to help educate and interact with the students. Chief Perry announced that he attended a ground breaking ceremony on May 16th on Oahu. The Hawai'i Law Enforcement Memorial Foundation plans to erect a monument to pay tribute to fallen officers. Chief Perry noted that he has a personal connection to Police Week Kaua'i Police Commission Open Session May 20, 2011 Page 5 SUBJECT DISCUSSION ACTION because he knew some of the officers who died in the line of duty. Assistant Chief Alejandre Quibilan announced that May 15th through May 21 St is National Police Week. On Saturday, May 21St' at the Kukui Grove Shopping Center Stage from 10:00 a.m. to 2 p.m., the Kaua'i Police Department officers and staff will come together to teach the community what Police Week is all about. The officers will be providing tours of the Incident Command Vehicle and showcase other equipment. Public safety booths will be set up to provide free Keiki ID cards, information on the Police Explorers Program on how to become a Police Officer and child and safety information. Mr. Francisco commended the Police Department in its efforts to create a positive culture for the youth. He stated that taking a positive approach is important and that the community needs to continue to build it efforts. Chief Perry commended the department's Traffic and Patrol Unit; and the Investigative Service Bureau, for their participation in the "Shattered Dreams Project"which was recently held at the Kapa`a High School. Special thanks went to Lt. Mark Scribner who had a major role in bringing the project to Kaua'i. Chair Iona congratulated Captain Michael Contrades and the K.P.A. L. (Kaua'i Police Activities League)participants. They took 1St place in the decoration category of the aid stations at the 2011 Visitor Industry Charity Walk that was held this past weekend. Business KPC ES-17-2011-08 Public announcement for Kaua'i Police Commission notarized complaint filed against an officer of the Police Department. The Police Commission has completed its review and deliberation of the aforementioned complaint. The Complainant alleged that she was falsely arrested during an incident in September 2010. Based on the information provided, the Commission did not accept the complaint and notified the Chief of Police of its findings. This officially concludes the Kaua'i Police Commission Open Session May 20, 2011 Page 6 SUBJECT DISCUSSION ACTION Commission's review of complaint KPC/ES-17-2011-08. Chair Iona welcomed Commissioners Randall Francisco and Bradley Chiba to the Police Commission. Announcements Next meeting is on June 24,2011 at 9:00 a.m. in the Mo'ikeha Building, Meeting Room 2 AB. Executive Session to follow. Executive At 9:53 a.m. Mr. Kanekoa cited the Hawai'i Revised Statutes to bring the meeting into Session Executive Session. Pursuant to Hawai'i Revised Statutes ("H.R.S.") §92-7(a), the Commission may, when deemed necessary, hold an Executive Session on any agenda item without the written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to H.R.S. §92-4 and §92-9 and shall be limited to those items described in H.R.S. §92-5(a). Discussions held in Executive Session are closed to the public. The purpose of this Executive Session is to approve the Executive Session minutes of April 29, 2011. KPC/ES-18-2011-09, Pursuant to the Hawai'i Revised Statutes §92-5(a)(2)(4), the purpose of this Executive Session is to consider charges brought against an officer or employee, where consideration of matters affecting privacy will be involved; provided that, if the individual concerned requests an open meeting, an open meeting shall be held, and to consult with Counsel on questions and issues pertaining to the Commission's powers, duties, privileges, Mr. Iannucci moved to enter immunities, and liabilities. into Executive Session; Mr. Nebre seconded the motion. Motion carried 7:0 At 9:54 a.m. Chair Iona called for a recess. Return to Open At 10:33 a.m. the meeting reconvened. Mr. Iannucci moved to ratify Session to ratify the actions taken by the Police Kaua'i Police Commission Open Session May 20, 2011 Page 7 SUBJECT DISCUSSION ACTION Police Commission in Executive Commission Session for items: actions taken in Executive Session minutes of Executive April 29, 2011; KPC/ES-18- Session for items 2011-09; Mr. Kanekoa seconded the motion. Motion carried 7:0 Adjournment There being no further business, Chair Iona called for the motion to adjourn the meeting. At 10:33 a.m. Mr. Iannucci moved to adjourn; Mr. Nebre seconded the motion. Motion carried 7:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Support Clerk Charles Iona, Chair (X) Approved as circulated. (Approved on 06/24/11) ( ) Approved with amendments. See minutes of meeting.