Loading...
HomeMy WebLinkAbout062411_REGULAR_MINUTES COUNTY OF KAUAI Minutes of Meeting REGULAR OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date June 24, 2011 Location Mo'ikeha Building in Meeting Room 2 A/B Start of Meeting: 9:00 a.m. End of Meeting: 11:25 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa Jr.; Members: 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; Captains Michael Contrades, Sherwin "Kaleo"Perez, and Henry"Hank"Barriga; Sergeants Robert Gausepohl, Kenneth Cummings, and Sandy Wakumoto, Acting District Commander for Hanalei; and Officers Damien McCallum and Aaron Relacion. Invited guest: Fire Chief Robert Westerman Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff. Support Clerk Mercedes Youn; Administrative Aide Paula Morikami. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of May 20, 2011. Mr. Iannucci moved to approve the minutes Minutes as circulated; Mr.Nebre seconded the motion. Motion carried 7:0 Chair Iona asked if there was anyone from the public who wished to give testimony on the listed agenda items No Public Testimony. Recognition Employees for the month of June were Officers Damien McCallum and Aaron Relacion. Officer Damien McCallum was recognized by Sergeant Kenneth Cummings for his work during March 2011. Officer McCallum was the Officer in Charge for three (3) operations conducted earlier this year within the Waimea/Koloa district. The first operation focused on deterring truancy after officers noticed a rise in school-aged children loitering in the community during school hours. Kaua'i Police Commission Regular Open Session June 24, 2011 Page 2 SUBJECT DISCUSSION ACTION The one-day detail resulted in nineteen (19)juveniles being detained and returned to school. Another detail initiated by Officer McCallum resulted in ten(10) arrests for outstanding bench warrants. The third operation focused on enforcing the distracted driving law that resulted in ten (10) arrests for outstanding bench warrants. Officer Aaron Relacion was recognized by Sergeant Sandy Wakumoto for his keen observation and investigative skills during an incident that took place on March 14, at 2:00 a.m. While driving on Kuhi`o Highway in Hanalei, Officer Relacion recognized a passing vehicle belonging to the suspect who was wanted for a burglary case and outstanding bench warrants. While in pursuit, the suspect fled on foot after crashing his vehicle into an embankment. Unable to locate the suspect, Officer Relacion returned to the vehicle and discovered a 20 gage double barrel shot gun, drugs and drug paraphernalia. Officer Relacion's execution of a search warrant of the suspect's vehicle showed his diligence and outstanding investigation skills and commitment as an officer in keeping the community safe. Chief Perry presented Officers Relacion and McCallum with Certificates of Outstanding and Exemplary Service to the community, on behalf of the citizens and the members of the Kaua'i Police Department. Chair Iona and the members commended both officers for a job well done. Presentation Deputy County Attorney Justin Kollar provided information on the importance of Internal Affairs in addressing employee misconduct to reduce liability concerns for the County of Kaua'i. The mission of the Internal Affairs Unit is to protect and serve the public, the employee, and the department through fair, thorough, and proactive investigations of alleged misconduct,while preserving the spirit of"Aloha". The Internal Affairs Unit is located within the Criminal Intelligence Unit Office at the Kaua'i Police Department Headquarters. Administrative investi ations, files, records and documents are considered confidential and Kaua'i Police Commission Regular Open Session June 24, 2011 Page 3 SUBJECT DISCUSSION ACTION privileged information and are kept secured at all times. No documents, records, or files may be removed from the Internal Affairs office unless authorized by the Police Chief, Deputy Chief or IAU Commander. The IAU personnel are highly trained and knowledgeable not only in the Agency's practices, policies and procedures, but also in employment law and the applicable Union contract. During 2010 the Internal Affairs Unit conducted seventeen (17) investigations. Ten (10) of those complaints originated from the internal complaints, four from public complaints, and three (3) via the Police Commission referral. Mr. Iannucci clarified that prior to Chief Perry, some of the backlogs of the Internal Affairs cases were due to the predecessor not following up on the complaints that were submitted by the Police Commission for further review. As a new Commissioner, Mr. Francisco thanked Mr. Kollar for a great presentation and history that provided him with a better understanding of the department's organizational policies and procedure. Mr. Iannucci asked who oversees the Internal Affairs Unit. Mr. Kollar replied all reports are submitted to the Office of the Chief of Police. Commendation Chief Perry reported that there were seven(7) letters of commendation Report for June recognizing the following employees: 9, 2011 Assistant Chief Alejandre Quibilan; Captain Michael Contrades; Acting Lieutenants Trent Shimabukuro and Sandy Wakumoto; Officers Chad Cataluna; Paddy Ramson; Wade Takemoto; Allan Andres; Nelson Gabriel; Daniel Milloy; Makana Rivera; Jesse Guirao; Joseph Himongala; Damien Loo; Steven Vinzant; and staff members Eunice Apeles; Michael Lane; and Krystal Nebre. Presentation Sergeant Robert Gausepohl presented a 2003 "Shattered Dreams"video that seeks to educate high school students about the consequences of drinking and Kaua'i Police Commission Regular Open Session June 24, 2011 Page 4 SUBJECT DISCUSSION ACTION driving. Chief s 1. Administrative, Technical Services & Training Reports/Orders Monthly & 2. 2010-11 Fiscal Report Quarterly 3. Patrol Services Bureau& Traffic Report Reports 4. Community Oriented Policing Reports for May/June for the districts of Lihu'e, Waimea and Hanalei. 5. Investigative Service Bureau Report 6. Administrative Notice 7. Personnel Order 8. Chief's Announcements Chief Perry shared a letter that he received in response to a recent article in Mid-Week that featured Chief Perry. The individual who sent the letter represents a neighborhood security watch and is frustrated that the individuals who were arrested in a drug house raid in his neighborhood are out of jail awaiting trial. Chief Perry expressed that certain things are not in his control and wants to ensure the individual that the department is doing everything possible to address the situation. Chief Perry announced that Captain Michael Contrades was selected to attend the 248th FBI National Academy in Virginia from January 8—March 16, 2012. Deputy County Attorney Jennifer Winn advised the Commission that this item cannot be discussed and deliberated on because it is not an agenda item. Business KPC 2011-12 Discussion on the County's Helicopter Use and Reimbursement Policy. a) Communication dated 05/24/11 from Police Commission Chair Charles Iona to Fire Chief Robert Westerman, requesting a representative from the Fire Department be present at the Police Commission meeting to Kaua'i Police Commission Regular Open Session June 24, 2011 Page 5 SUBJECT DISCUSSION ACTION discuss the procedures and policies for usage of the County's helicopter by the Police Department. b) Copy of the County of Kaua'i Helicopter Use and Reimbursement policy. 2011 Edition Mr. Iannucci thanked Chief Westerman for taking the time to come to the meeting and stated that the Police Commission has supported the County's efforts in securing a helicopter for use by the Fire/Police Departments and that the policy is new to the Commission. He asked whether the Fire Department has a designated liaison to coordinate the use of the helicopter. Chief Westerman explained that the use of the helicopter will be managed through the Deputy Fire Chief, and the scheduling of flights will be determined by the established priorities. He further explained that the priorities were established in collaboration with Assistant Chief Roy Asher of the Kaua'i Police Department to ensure that the priorities were good for both sides if the police department requires the use of the helicopter, all they need to do is contact Deputy Chief Blalock. Currently, no one from the Police Department has been assigned as a liaison Chief Perry explained that each Bureau has its own liaison depending on the circumstances at the time of the call; it could either be one of the three (3) Assistant Chiefs and their Executive Officers. Mr. Iannucci asked Chief Westerman to explain the operating costs for the helicopter usage. Chief Westerman responded that it was a collaborative effort between the Fire and Police Department to purchase of the helicopter. Some departments have included the use of the helicopter in their budgets. The departments will transfer funding into the Fire Department's helicopter operational account as Kaua'i Police Commission Regular Open Session June 24, 2011 Page 6 SUBJECT DISCUSSION ACTION the helicopter is used. Chief Westerman stated that cost estimates are a recommendation from the manufacture and that the total direct operating cost of$450 per hour does not include maintenance of the helicopter. Chief Westerman said that the Department is bound by the FAA (Federal Aviation Association) which means that the department needs to be very careful on the use of the helicopter. The Chief explained that there is a public use and a private use, and the reason for going public is to comply with the FAA rules and regulations. No non-county employees will fly in the County of Kaua'i helicopter without the prior written approval of the Mayor, except for patients, rescued persons, or exempted persons. No exempted person may fly alone and must be accompanied by a County of Kaua'i employee; a pilot does not qualify to satisfy this requirement. Mr. Iannucci asked whether the Priority 4 training flights for the Fire/Police Departments need to be scheduled in advanced or is it based on availability, and what happens should an emergency occur. Chief Westerman explained that based on the emergency; it would take priority over training. He also said that the County has a back-up helicopter that can be readily available within 1 hour should the need arise or if the other helicopter that is being used for the training is not available. Chief Westerman is continuing the training schedule and program so all of the firemen are properly trained. Chair Iona asked who determines which priority comes first when the helicopter is utilized by the Fire/Police Department. Chief Westerman responded that all life saving-emergencies come first and if both departments have an emergency at the same time, the back-up helicopter is readily available. The contract for the back-up helicopter is with Airborne Aviation. KPC 2011-13 Recap of the Hawai'i State Police Commissioners conference held on Oahu at the Sheraton Waikiki-Hotel& Resort on May 26th -27th Kaua'i Police Commission Regular Open Session June 24, 2011 Page 7 SUBJECT DISCUSSION ACTION The Commission expressed their appreciation for being able to attend a worthwhile conference. The roundtable discussion provided the Commission with an opportunity to network with their fellow constituents and to discuss issues that they are dealing with in respect to their police department and community. KPC 2011-14 Discussion and decision-making on the upcoming 2011 National Association for Civilian Oversight of Law Enforcement conference from September 12th-15th in New Orleans, Louisiana at the Astor Crowne Plaza Hotel. Vice-Chair Ernest Kanekoa Jr. will be representing the Kaua'i Police Commission at the 2011 NACOLE Conference. KPC 2011-15 Discussion and decision-making on the upcoming 2011 Hawai'i State Law Enforcement Officers Association conference from September 21St-23rd in South Kona, Hawai'i at the Hapuna Beach Prince Hotel. Six (6) Commissioners have expressed their commitment to attend the 2011 HESLOA Conference from September 20—23rd on the Big Island. KPC 2011-16 Public announcement for Kaua'i Police Commission notarized complaint KPC/ES-2011-18-2011-09 filed on 05105111. The Police Commission has completed its review and deliberation of the aforementioned complaint. The complainant alleged that the Police Department was inefficient in following up on a complaint of theft of his tires. Based on the information provided, the Commission found that there was insufficient evidence to prove the allegation. As a result, the Commission did not sustain the complaint and notified the Chief of Police of its findings. This officially concludes the Commission's review of complaint KPC/ES-18-2011- 09. Announcement The next meeting will be on July 22, 2011 at 9:00 a.m. in the Mo'ikeha Kaua'i Police Commission Regular Open Session June 24, 2011 Page 8 SUBJECT DISCUSSION ACTION Building in Meeting Room 2 A/B. Executive Session to follow. Executive At 10:23 a.m. Mr. Kanekoa cited the Hawai'i Revised Statutes to bring the Session meeting into 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 May 20, 2011. • KPC/ES-19-2011-10, Pursuant to 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, immunities, and liabilities. • KPC/ES-20, Pursuant to Hawai'i Revised Statutes §92-5(a) (2) (4), the purpose of this Executive Session is to discuss and deliberate a copy of a communication dated 05/26/11 from Chief Darryl Perry, pertaining to a complaint filed with the Kaua'i Police Department on February 12 2011, and to consult with the Counsel on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities. • KPC/ES-21-2011-11,Pursuant to Hawai'i Revised Statutes §92-5 Kaua'i Police Commission Regular Open Session June 24, 2011 Page 9 SUBJECT DISCUSSION ACTION (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, immunities, and liabilities. Mr. Iannucci moved to enter into Executive Session; Mr.Nebre seconded the motion. Motion carried 7:0. Return to Open The meeting resumed in Open Session at Session to 11:30 a.m. Mr. Iannucci moved to ratify the Ratify the actions taken in Executive Session for the action taken in Executive Session minutes of 05/20/11; and Executive items ES-19 through ES-21. Mr. Nebre Session seconded the motion. Motion carried 7:0 Adjournment At 11:30 a.m. Mr. Kanekoa moved to adjourn the meeting; Mr. Chiba 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 07/22/11) ( ) Approved as amended. See minutes of meeting.