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HomeMy WebLinkAbout093011_OPEN_SESSION_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I September 30, 2011 Location Mo'ikeha Building, Meeting Room 2 A/B Start of Meeting: 9:00 a.m. End of Meeting: 10:25 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa, Jr.; Members: Thomas M. Iannucci; Alfredo Nebre, Jr.; James O'Connor; Bradley Chiba. Also Darryl Perry, Chief of Police; Assistant Chief. Mark Begley; Captains: Sherwin Kaleo Perez, and Henry Barriga; and Deputy County Attorney Jennifer Winn; and Board& Commissions Office Staff: Support Clerk Mercedes Youn. Excused Commissioner Randall Francisco 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 August 26, 2011 Mr. O'Connor moved to approve the minutes as Minutes circulated; Mr. Nebre seconded the motion. Motion carried 6:0. 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 Officer of the month for September: Officer Ginny Pia Officer Ginny Pia, a lead investigator in the Vice and Narcotics Unit, was unable to attend the meeting. She was recognized by Captain Sherwin Kaleo Perez for her outstanding investigative skills and execution of search warrants resulting in the arrest of 5 individuals and seizure of 244 grams of crystal methamphetamine worth an estimated $36,000 in street value. Also, seized were $4081 in cash and four vehicles from the suspects. Commendation There were 2 letters of commendations presented to the following officers: Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 2 SUBJECT DISCUSSION ACTION Report • David Banquel • John Mullineaux • Christian Jenkins Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports Mr. Iannucci inquired on the status of the recruitment process and expressed his concern that the process is too lengthy and many applicants have dropped out for various reasons. Chief Perry stated although the number of candidates was high, the back ground checks was a main contributor towards the process of elimination of many of the candidates. The recruitment process is ongoing and the department is looking at receiving more applicants. 2. Fiscal Report for August 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. Chief's Announcements and Pertinent Updates • Chief Perry announced Sergeant Kenneth Carvalho has been nominated as the Kaua'i Police Department's "Top Cop". The program recognizes outstanding public law enforcement officers at the federal, state and county levels. Sergeant Carvalho is a 17 year veteran and is a member of the Kaua'i Police Department Swat and Marijuana Eradication Teams. Sergeant Carvalho will be honored at the 27th Annual Law Enforcement& Security "Top Cop" appreciation luncheon on Oahu on October 27, 2011. Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 3 SUBJECT DISCUSSION ACTION • October 8th and 9th is National Safety weekend. On October 8th, the Police and Fire Departments, and Emergency Medical Services will have on display various types of equipment and vehicles for the public to see. The event will take place at the Kukui Grove Shopping Center at the back parking lot of K-MART. • Chief Perry thanked recently retired Kaua'i Police Department dispatcher Garrett Agena for his many years of service. Mr. Agena has been with the department for 19 years. • Chief Perry also announced that he will be traveling to Oahu today to attend a funeral of Honolulu Police Officer Eric Fontes. Accompanying him will be Assistant Chief Roy Asher and Captain Hank Barri a. Communications KPC 2011-23 Communication dated 09/12/11 from Chief Darryl Perry to Chair Iona and Members of the Kaua'i Police Commission, concurring with the Police Commission's findings that there was insufficient evidence to prove the allegations relating to notarized complaints KPC 2011-15, KPC 2011-16, and KPC 2011-17 that were filed against officers of the Kaua'i Police Department. The Commission acknowledged the receipt of the communication dated 09/12/11 from Chief Perry to Chair Iona and Members of the Kaua'i Police Commission. Business KPC 2011-24 Recap by Commission members on the Hawai'i State Law Enforcement Association Conference that was held in September, on the Big Island of Hawai'i. Mr. Iannucci thought the conference was good because it gave him a better understanding on various aspects that should be considered when solving crimes from a digital technology standpoint. In addition, he expressed his fascination on how the FBI used digital technology to track a child pornography ring from Oklahoma to Honolulu and the Big Island. Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 4 SUBJECT DISCUSSION ACTION Mr. Chiba's stated his discussions with other commission members proved to be very useful and it was important to hear how other commissioners are handling certain issues facing their police department. Chair Iona felt that the presentation on social networking was his highlight. He expressed his gratitude to the FBI for bringing insight as to the positives and negatives from the law enforcement standpoint that can be drawn from being on Facebook, Twitter, and Myspace. Chief Perry also felt that the presentation demonstrated the pitfalls and advantages on doing investigations. He informed the Commission that the department uses social network sites such as E-mail, Facebook, Myspace, Twitter, and YouTube as tools to do background checks. He warned that in terms of hiring employees, it could be the applicant's worst nightmare if these social networks sites are not used appropriately. Any information that an individual puts on these sites could affect their chances of becoming a police officer. KPC 2011-25 Recap by Vice-Chair Ernest Kanekoa Jr., on the National Association for Civilian Oversight of Law Enforcement Conference that was held in September in New Orleans, Lousiana. Mr. Kanekoa reported the conference to be very enlightening. He had an opportunity to meet with commissioners from Trinidad, South America and the Philippines. In certain states police commissioners are called police monitors and the only 2 states that have jurisdictional powers over the Police Departments are New York and Chicago. Some city commissions have more control over police operations and the regional commissions are granted more regulatory powers. Mr. Kanekoa noted that other counties are changing their charters and rules to give their commission more urisdictional powers. Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 5 SUBJECT DISCUSSION ACTION KPC 2011-26 Public announcements for Kaua'i Police Commission notarized complaints that were filed against officers of the Kaua'i Police Commission. Chair Iona read the public announcements into the record. • KPC 2011-15: Complainant alleged that two officers of the County were discourteous, harassed and falsely arrested him for liquor prohibition. Based on the information received, the Commission found that there was insufficient evidence to prove the complainant's allegations and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-15. • KPC 2011-16: Complainant alleged that officers of the County were discourteous by harassing the homeless. Based on the information received, the Commission found that there was insufficient evidence to prove the complainant's allegations and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-16. • KPC 2011-17: Complainant alleged that the Kaua'i Police Department was inadequate, inconsistent, ineffective by not being in compliance with Sections 11.03 (A) (C); 11.04 (C), and 11.05 (A) (D) and(E),of the County Charter, resulting in property loss and Violation of his Civil Rights. Based on the information Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 6 SUBJECT DISCUSSION ACTION received, the Commission found insufficient evidence to prove the complainant's allegations and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-17. Announcement Next Meeting—October 28, 2011 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 AB. Executive Session to follow. Executive At 9:25 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-30: Executive Session minutes of August 26, 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-31: KPC 2011-18 Complaint filed on 08/17/11 alleging that officers of the County were overbearing in conduct. Kaua'i Police Commission Regular Meeting - Open Session September 30, 2011 Page 7 SUBJECT DISCUSSION ACTION ES-32: KPC 2011-19 Complaint filed on 08/17/11 alleging that officers of the County were discourteous by harassing an individual. ES-33: KPC 2011-20 Complaint filed on 08/09/11, alleging that an officer of the County used unnecessary force on an individual. ES-34: KPC 2011-21 Complaint filed on 09/02/11 alleging that an officer of the County used unnecessary force on an individual. Chair Iona called for the motion to enter into Executive Session. At 9:30 a.m. Mr. O'Connor moved to enter into Executive Session. Mr. Nebre seconded the motion. Motion carried 6:0. Meeting recessed at 9:30 a.m. for caption break. Return to Open Ratify the actions taken in Executive Session for items: The meeting resumed in Open Session at 10:25 Session ■ ES 30: Executive Session minutes of August 26, 2011 a.m. Mr. Iannucci moved to ratify the actions • ES 31: KPC 2011-18 taken in Executive Session for items ES-30 • ES 32: KPC 2011-19 through ES-34. Mr. Chiba seconded the motion. • ES 33: KPC 2011-20 • ES 34: KPC 2011-21 Motion carried 6:0. Adjournment Mr. Kanekoa moved to adjourn the meeting at 10:25 a.m. Mr. Chiba seconded the motion. Motion carried 6:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles Iona, Chair (X) Approved as circulated on 10/28/11 ( ) Approved as amended. See minutes of meeting.