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HomeMy WebLinkAbout082611 MINUTES_OPEN_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I August 26, 2011 Location Mo'ikeha Building, Meeting Room 2 A/B Start of Meeting: 9:00 a.m. End of Meeting: 11:05 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 Darryl Perry, Chief of Police; Assistant Chiefs: Alejandre Quibilan and Mark Begley; Captains: Michael Contrades and Henry "Hank"Barriga; Hanalei Acting District Commander Sandy Wakumoto; Lieutenant Mark Scribner; Officers: Tyson Relacion and Darla Higa; Patrol Service Bureau, Senior Clerk Michael Lane; and Deputy County Attorneys: Justin Kollar and Jennifer Winn; Board& Commissions Office Staff: 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 Regular Open Session Minutes of July 22, 2011 Mr. O'Connor moved to approve the minutes as Minutes circulated; Mr. Nebre seconded the motion. Motion carried 7:0. Chair Iona asked if there were any members in the audience who wished to give testimony on the agenda items of the Commission. No testimony was given. Recognition Employee of the month for August: Officer Tyson Relacion Officer Tyson Relacion was recognized as the Officer of the Month for going above and beyond the call of duty by taking the initiative, while off duty, to recognize and apprehend a wanted suspect. Officer Relacion was recognized by the Hanalei District Commander, Sergeant Sandy Wakumoto. Chief Perry presented Officer Relacion with a Certificate of Outstanding and Exemplary Service to the community, on behalf of the citizens of the County of Kaua'i, State of Hawai'i, and members of the Kaua'i Police Kaua'i Police Commission Open Session August 26, 2011 Page 2 SUBJECT DISCUSSION ACTION Department. Officer of the Year: Lieutenant Mark Scribner Lieutenant Scribner, a 25 year veteran member of the Kaua'i Police Department,was nominated by Sergeant Robert Gausephol of the Traffic Safety Unit. Lt. Scribner was recognized for his role in traffic safety and supply maintenance, for overseeing grants management, and the procurement of equipment related to traffic safety. Over the years, Lt. Scribner has been involved with improving Motor Vehicle Accident reports and the Ignition Interlock law. His most accomplished role has been the success of the Shattered Dreams Program that is now part of the schools throughout the State. Lt. Scribner acknowledged the Officers of the Traffic Safety Unit and Patrol Service Bureau. He indicated that without their support and dedication, many of his projects would not have been possible. Lt. Scribner thanked the many agencies throughout the State and County that he worked with to make the Shattered Dreams Program a success. Chair Iona expressed his appreciation to Lt. Mark Scribner and congratulated him on being named Officer of the Year. Civilian Employee of the Year: Mr. Michael Lane Michael Lane, a senior clerk in the Patrol Services Bureau, was named the Civilian Employee of the Year. Assistant Chief Quibilan called Mr. Lane "the hub" of his department because of his ability to keep calm in an environment where he is expected to respond to several requests on short notice. Captain Michael Contrades described Mr. Lane as being a professional and dedicated worker with a can do attitude and a huge asset to the Kaua'i Police Commission Open Session August 26, 2011 Page 3 SUBJECT DISCUSSION ACTION Department". Mr. Lane thanked Chief Perry and the entire Police Department for providing a wonderful work environment for the civilian employees. He considers it a privilege to be able to represent a strong group of civilian employees. In addition, Chief Perry presented a Certificate of Commendation to Communication Specialist Sarah Blane in recognition of her outstanding work and dedication to the Kaua'i Police Department. Her commitment to excellence and desire for perfection has been a tremendous asset to organization. In addition, Mr. Chiba thanked Sergeant Eric Kaui and the employees at the Police Cell Block for doing a tremendous job in processing 16 detainees this past weekend. On a normal day, there would typically be only 3 to 5 detainees. Commendation There were 6 letters of commendations presented to the following officers Report and individuals: Officers: Darla Higa, Michael Buratti; Sergeant Paul Applegate. Police Explorers: Amber Sugitan, Tiana Victorino, Shelby Tangalin, Rafael Guzman, Kenjii Langille, Justin Pasadava and Explorer Sergeant Auzza Lancaster-Valenti. Presentations Officer Darla Higa and two youth members of the Police Explorer Program, Shelby Tangalin and Justin Pasadava, presented a report of the Police Explorer Program's mission statement, accomplishments, and activities. The Kaua'i Police Explorer program is for career-oriented young adults ages 16 through 20. While the Explorer Program is part of the Boy Scouts of America, it is distinctively different from scouting. The Explorer Kaua'i Police Commission Open Session August 26, 2011 Page 4 SUBJECT DISCUSSION ACTION Program is a co-educational Program developed and supervised by local community organizations, businesses, and individuals that provide young adults an opportunity to explore a particular career field. As part of the Explorer Program, members were given the opportunity to assist the Kaua'i Police Department and broaden their understanding and firsthand knowledge of the challenges and job skills that make up their community's police service. The Explorer motto is: "We build Police Stations Not Prisons". Officer Higa introduced Kevin Mince, Dawn Wooten and Donna Efhan, members of the Rural Development Project of Kaua'i and thanked them for making the Explorer Program possible. Officer Higa also thanked Chief Perry, Assistant Chiefs Mark Begley and Alejandre Quibilan, and Captain Michael Contrades for taking the Police Explorers under their wing and for being a positive role model for them. Melissa Tangalin, parent of Police Explorer Shelby Tangalin, shared with the Commission her feelings on the importance on having a Police Explorer program for young adults. Chair Iona voiced his appreciation for the Program and commended Shelby Tangalin and Justin Pasadava for their hard work and commitment. Mr. Iannucci remembered when the idea of a Police Explorer Program was first brought to the attention of the Police Commission and was pleased to see how successful the program had become. He thanked all of the individuals involved in the process for their dedication and commitment to young adults. Mr. Kanekoa shared his appreciation for the Program and said he comes from a p olice family background where some members of his family were Kaua'i Police Commission Open Session August 26, 2011 Page 5 SUBJECT DISCUSSION ACTION part of the Police Explorer Program and later joined the Police Department. Mr. Francisco voiced his appreciation for demonstrating "Ku lia i ka nuu" which means striving for excellence. He thanked Explorers Shelby Tangalin and Justin Pasadava for setting a benchmark and for being excellent role models for the youth in the community. Chief Perry said he remembers when the Program was in its infancy phase and commended Assistant Chief Begley and Mr. Kevin Mince for their hard work and dedication in making the Police Explorer Program a success. The following are members of the Police Explorer Program who were not able to attend the meeting: • Amber Sugitan • Azzua Valente-Lancaster • Rafael Gusman • Kingzley Kaluahine • Kenjii Langille • Tiana Victorino • Fale Matangi • Fuka Matangi • Deputy County Attorney Justin Kollar briefed the Police Commission on his recent attendance at the Commission on Accreditation for Law Enforcement Agencies (CALEA) Conference that was held from July 27th -30th in Cincinnati, Ohio. Mr. Kollar reported that he attended a number of presentations and trainin s on various aspects of the accreditation process and had the Kaua'i Police Commission Open Session August 26, 2011 Page 6 SUBJECT DISCUSSION ACTION opportunity to spend a significant amount of time with other Commissioners at the conference. After having lengthy conversations with CALEA experts, Mr. Kollar felt that the Kaua'i Police Department is ready to undergo the process to full accreditation. Mr. Kollar informed the Commission that he shares duties with Lt. Jon Takamura and Officer Jason Matsuoka in preparing for the process. He expressed the need for two additional personnel: One to maintain CALEA's 500 files of standards and procedures and document that all of the standards are met; and A sergeant's position within the Administrative & Technical Bureau to focus only on policy development. Mr. Kollar said once the accreditation is completed, the Department would demonstrate its commitment to professional excellence in law enforcement by improved and maintained delivery of public services, from strengthening crime prevention capabilities to standardizing training, management procedures, personnel policies, and interagency coordination. Mr. Francisco expressed his concern that the Commission should have a role and be engaged in the accreditation process. He stated that his experience as university administrator taught him that communication plays a crucial role in ensuring that everyone knows what the real intent is, which is to take the organization to a higher level as opposed to the Department being fearful of embracing the process. Mr. Kollar said the Commission's thoughts and support during the process would be welcomed by the Department. Mr. Iannucci said the accreditation process was on the Commission's mind when hiring Chief Perry and felt that the Commission must continue its Kaua'i Police Commission Open Session August 26, 2011 Page 7 SUBJECT DISCUSSION ACTION support of the process. He stressed that accreditation is a high standard for the Department stressed that no police department should operate outside of this system. Chair Iona noted the need to create an additional sergeant's position to focus full-time on policy development and asked if the development of the policies was a requirement set forth by CALEA and how that would come into play in regards to obtaining that position. Mr. Kollar said policy development plays a critical part in any police agency in ensuring that the policies and procedures that currently exist remain current. Communications KPC 2011-20 Communication dated 08/25/11 from Chief Darryl Perry to Chair Iona and Members of the Kaua'i Police Commission, concurring with the findings of the Police Commission, relating to notarized complaints KPC 2011-12, KPC 2011-13, and KPC 2011-14 that were filed against officers of the Kaua'i Police Department. The Commission acknowledged the receipt of the communication dated 08/25/11 from Chief Perry to Chair Iona and Members of the Kaua'i Police Commission. KPC 2011-21 Communication received on 08/12/11 from Lieutenant Jon The Commission acknowledged the receipt of Takamura to Chief Darryl Perry regarding the Accreditation Progress the communication dated Report from May to July 2011. 08/12/11 from Lieutenant Jon Takamura to Chief Perry. Mr. Iannucci expressed his concern about the back log and the length of time it took to update each policy. He stressed that as the Department moves forward with the accreditation process, it is important to continue to review and update all policies, past and present. Kaua'i Police Commission Open Session August 26, 2011 Page 8 SUBJECT DISCUSSION ACTION Chief s Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports 2. Fiscal Report for June 2011 3. Investigative Services Bureau 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports for Lihu'e, Hanalei and Waimea 7. Personnel Orders: 2011-07: New Hire, Promotion and Resignation 2011-08: New Hire and Assignment 8. Chief's Announcements: • Captain Michael Contrades reported that during the fire in K61oa they assisted the Fire Department by diverting traffic away from the fire by setting up road blocks. • Assistant Chief Begley reported that the list of recruitment candidates has been screened down to 33, and that background checks are being conducted. They expect to complete the process by the end of December 2011. • Assistant Chief Begley also reported that the recruitment of Crossing Guard has been difficult, even though the screening is less intensive because they do not carry a badge or firearm. The $11 an hour salary and two-hour split-shift has turned away a lot of prospects. Currently there are 9 candidates that are still interested in the positions. The Police Department is working with the Department of Personnel Services to increase the number of work hours from 2 to 4 hours a day as well as discussing the possibility of changing the job description from School Crossing Guard to School Safety Officer. Business KPC 2011-22 Public announcements for Kaua'i Police Commission notarized complaints that were filed against officers of the Kaua'i Police Kaua'i Police Commission Open Session August 26, 2011 Page 9 SUBJECT DISCUSSION ACTION Commission. Chair Iona read the public announcements into the record. • KPC 2011-12: Complainant alleged rudeness, physical abuse and unprofessionalism. The Police Commission realized that the timeframe to consider the complaint was exceeded pursuant to Rule 6-1 (g) (1) (a), of the Police Commission Rules on Administrative Practice and Procedures which states: "In no event may the Commission consider a complaint filed more than 180 calendar days after the date of occurrence". Based on the complaint, the incident occurred on September 4, 2008. Therefore, the Commission did not sustain the complaint and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concludes the Commission's review of complaint KPC 2011-12. • KPC 2011-13: Complainant alleged conduct unbecoming of an officer and not being in compliance with the police department's mission statement. The Police Commission completed its deliberation of the aforementioned complaint. Based on the information received, the Commission found that there was insufficient evidence to prove the allegations and therefore the Commission did not sustain the complaint and forwarded the complaint to the Office of the Chief for further review and investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 2011-13. • KPC 2011-14: Complainant alleged that no police report was filed after reporting the theft of his vehicle. The Police Commission completed its review and deliberation of the aforementioned Kaua'i Police Commission Open Session August 26, 2011 Page 10 SUBJECT DISCUSSION ACTION complaint and based on the information received, the Commission found insufficient evidence to prove the allegation and did not sustain the complaint and forwarded the complaint to the Office of the Chief for further review and investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 2011-14. Announcement Next Meeting— September 30, 2011 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B. Executive Session to follow. Executive At 10:10 a.m. Mr. Kanekoa cited the Hawai'i Revised Statutes to bring the Session meeting into Executive Session. Pursuant to the Hawai'i Revised Statues, §92-9 (a) (b), the purpose of this Executive Session is to receive and approve the Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item and to deliberate and take such action as appropriate: ES-26: Executive Session minutes of July 22, 2011. Pursuant to Hawai'i Revised Statutes, §92-4 and §92-5 (a) (2) and(4), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or officer of the County relating to a complaint filed against the employee or officer and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item and to deliberate and take such action as appropriate: ES-27: KPC 2011-15 Complaint filed on 07/25/11, alleging that two (2) Officers of the County were discourteous, harassed and falsely arrested the Kaua'i Police Commission Open Session August 26, 2011 Page 11 SUBJECT DISCUSSION ACTION individual for liquor prohibition. ES-28: KPC 2011-16 Complaint filed on 07/25/11, alleging that officers of the County were discourteous by harassing the homeless. ES-29: KPC 2011-17 Complaint filed on 08/09/11, alleging that the Kaua'i Police Department was inadequate, inconsistent, ineffective and non- compliant resulting in property loss and a Civil Rights Violation. Chair Iona called for the motion to enter into Executive Session. Mr. Iannucci moved to enter into Executive Session at 10:15 a.m. Mr. Chiba seconded the motion. Motion carried 7:0 Meeting recessed at 10:15 a.m. for caption break. Return to Open Ratify the actions taken in Executive Session for items: The meeting resumed in Open Session at 11:05 Session ■ ES 26: Executive Session minutes of July 22, 2011 a.m. Mr. Kanekoa moved to ratify the actions • ES 27: KPC 2011-15 taken in Executive Session for items ES-26 • ES 28: KPC 2011-16 through ES-29. Mr. Chiba seconded the motion. • ES 29: KPC 2011-17 Motion carried 7:0 Adjournment Mr. O'Connor moved to adjourn the meeting at 11:05 a.m. Mr. Chiba seconded the motion. Motion carried 7:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles Iona, Chair Kaua'i Police Commission Open Session August 26, 2011 Page 12 (X) Approved as circulated. (Approved on 09/30/11) ( ) Approved as amended. See minutes of meeting.