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HomeMy WebLinkAbout102811_OPEN_SESSION_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I October 28, 2011 Location Mo'ikeha Building, Meeting Room 2 A/B Start of Meeting: 9:04 a.m. I 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, and Randall Francisco. Also Darryl Perry, Chief of Police; Assistant Chief. Alejandre Quibilan; Captains: Sherwin Kaleo Perez, and Henry Barriga; Officers: Bruce Nance, and Kapena Wilson; Deputy County Attorney's Justin Kollar, and Jennifer Winn; Board & Commissions Office Staff: Administrative Aide Paula Morikami; and Support Clerk Mercedes Youn. Excused Commissioner Bradley Chiba Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:04 a.m. with 6 members present. Approval of Regular Open Session Minutes of September 30, 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. No testimony was given. Recognition Officers of the month for September: Bruce Nance and Kapena Wilson Officer Bruce Nance was recognized for his outstanding service during the month of July in which he made 11 arrests, initiated and served one search warrant for drugs and weapons, and issued a total of 38 traffic citations. He was also selected as a member of the Patrol Services Bureau's Fugitive Apprehension Strike Team. Officer Nance is highly a motivated individual and focuses his efforts to seek out and apprehend wanted individuals. Assistant Quibilan said according to Officer Nance's supervisor and peers, Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 2 SUBJECT DISCUSSION ACTION he is very proactive and submits his reports in a concise and accurate manner. His dedication to his profession and commitment in keeping our community safe earns him the right to be selected as Officer of the Month for November. On September 9th 2011, while making a beat check in the Hanapepe area, Officer Kapena Wilson observed two occupied vehicles. He approached one vehicle and observed a single male sitting in the driver's seat and in his possession; observed what appeared to be a crystalline substance similar to crystal methamphetamine and a digital scale. Officer Wilson's investigation revealed that the individual was distributing crystal methamphetamine to a male in the second vehicle. Both individuals were arrested for distribution and promotion of crystal methamphetamine with a total of nine felony charges between them. Assistant Chief Quibilan commended Officer Wilson for his initiative, keen observation and for his dedication to duty in keeping our community safe. Chief Perry presented each of the Officers with the Chief's pin and a Certificate of Outstanding and Exemplary Service. Mr. Francisco commended the Officers for their efforts in keeping the community safe from criminal activity. He especially commended Officer Wilson for setting a good example by bringing his sons to the meeting because it shows that we all need to pull together in tough times. Commendation There were 2 letters of commendations presented to the following Report employee and officers. • Ms. Gayle Kuboyama, Chief's Secretary • Officer's: Barry DeBlake, Christopher Calio, Lucas Hamberg, and Alan Santella Presentation Deputy County Attorney Justin Kollar gave an update on the State's Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 3 SUBJECT DISCUSSION ACTION Ignition Interlock Law. There are currently 1000 devices installed in vehicles throughout the state, and nearly 250,000 nationwide. For each one of those vehicles that are on the road today, not one of them is being driven by an individual who is under the influence of alcohol. The recidivism rates in other states are dropping as a result of widespread use of the Interlock device. Although that is a major success, the job is not finished and there is further Legislative fine-tuning to be done. As a result, a Statewide Ignition Task Force was established in hope that the last Legislature would address the issues that they felt deserved attention. Unfortunately, the House Judiciary Committee chose not to hear the matter and it died, and with it, the statutory mandate establishing the Task force. The Task Force was comprised of representatives from the Legislature, Judiciary, Prosecution and Defense Attorneys, DOT, and groups such as Mothers Against Drunk Driving. There is now a small group of concerned individuals working to identify necessary corrections to the legislation by seeking to address issues that will ensure fairness in our community, safety in our streets, and justice in the courtroom. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports 2. Fiscal Report for September 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: • 2011-09 Special Services Team • 2011-10 Special Assignment 8. Chief's Announcements and Pertinent Updates Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 4 SUBJECT DISCUSSION ACTION • Chief Perry announced that he and Captain Michael Contrades and attended the 118th Annual International Association of Chiefs of Police Conference that was held in Chicago, Illinois from October 22 -26, 2011. Communications KPC 2011-27 Communication dated 10/04/11 from Council Vice-Chair JoAnn A. Yukimura, to Chief of Police Darryl Perry, requesting that he follow-up regarding an incident at Wailua Falls that involved a recent visitor to Kaua'i. The Commission acknowledged the receipt of the communication. KPC 2011-28 Communication dated 09/06/11 from a recent visitor to Kaua'i, to the County Council, requesting a follow-up regarding an incident that occurred on 09/10/11 at Wailua Falls that involved a recent The Commission acknowledged the receipt of visitor to Kaua'i. the communication. KPC 2011-29 Communication dated 10/10/11 from Chief Darryl Perry and Mayor Carvalho Jr., to Council Vice-Chair JoAnn K. Yukimura, responding to a request for a follow-up regarding an incident at Wailua The Commission acknowledged the receipt of Falls that involved a recent visitor to Kauai. the communication. KPC 2011-30 Communication dated 10/17/11 from Chief Darryl Perry responding to a complaint from a recent visitor to Kaua'i regarding an The Commission acknowledged the receipt of incident at Wailua Falls. the communication. KPC 2011-31 Communication dated 10/13/11 from two complainants to Police Chief Darryl Perry regarding the Police Commission's decision relating to notarized complaint KPC 2011-18. The Commission acknowledged the receipt of the communication. Business KPC 2011-26 Public announcements for Kaua'i Police Commission notarized complaints that were filed against officers of the Kaua'i Police Commission. Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 5 SUBJECT DISCUSSION ACTION Chair Iona read the public announcements for the record. • KPC 2011-18: Complainant alleged that he was "86ed" out of 7 Eleven for feeding the chickens chips, but he thinks it was due to having a petition for the public to sign. 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 2011-18. • KPC 2011-19: Complainant alleged that the people of Kaua'i are being harassed by the Kaua'i Police Department for numerous reasons. 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 2011-19. • KPC 2011-20: Complainant alleged that while he was asleep above the stairs, an officer told him to beat and pushed him down the stairs. The complainant felt that the officer went above the call of duty. Based on the information 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 2011-20. Announcement Next Meeting—November 18, 2011 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B. Executive Session to follow. Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 6 SUBJECT DISCUSSION ACTION Executive At 9:50 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-35: Executive Session minutes of September 30, 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-36 Chief's Quarterly Report on the Disposition of the Kaua'i Police Commission complaints from January to October 1, 2011. ES-37 Chief's Quarterly Report on the Disposition of the Kaua'i Police Department's Internal Investigations from January to October 1, 2011. ES-38 Kaua'i Police Commission and Kaua'i Police Department Internal Investigation Overview from January to October 1, 2011. ES-39 Discussion on the 2011Performance Evaluation for the Chief of Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 7 SUBJECT DISCUSSION ACTION Police. ES-34: KPC 2011-21 Complaint filed on 09/02/11, alleging that an Officer of the County used unnecessary force on an individual. (Deferred on 09/30/11) ES-40: KPC 2011-22 Complaint filed on 09/28/11, alleging that the actions of two (2) Officers of the County were unjustified and unconstitutional. ES-41: KPC 2011-23 Complaint filed on 10/06/11, alleging that an Officer of the County was discourteous by harassing an individual. ES-42: KPC 2011-24 Complaint filed on 10/06/11, alleging that an Officer of the County was overbearing in conduct. ES-43: KPC 2011-25 Complaint filed on 10/14/11, alleging that an Officer of the County was discourteous and conduct unbecoming. Chair Iona called for the motion to enter into Executive Session. At 9:50 a.m. Mr. Iannucci moved to enter into Executive Session. Mr. Nebre seconded the motion. Motion carried 6:0. Meeting recessed at 9:50 a.m. for caption break. Return to Open Ratify the actions taken in Executive Session for items ES-34 through ES- The meeting resumed in Open Session at 11:05 Session 43. a.m. Mr. Iannucci moved to ratify the actions taken in Executive Session for items ES-34 through ES-43. Mr. O'Connor seconded the Kaua'i Police Commission Regular Meeting - Open Session October 28, 2011 Page 8 SUBJECT DISCUSSION ACTION motion. Motion carried 6:0. Adjournment Mr. Iannucci moved to adjourn the meeting at 11:05 a.m. Mr. Kanekoa seconded the motion. Motion carried 6:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles Iona, Chairman (X) Approved as circulated on 11/18/11 ( ) Approved as amended. See minutes of meeting.