HomeMy WebLinkAbout111811_Agenda Packet Charles Iona Members:
Chair Thomas M. lannucci
Alfredo Nebre Jr.
James R. O' Connor
Bradley Chiba
Ernest Kanekoa Jr Randall Francisco
Vice-Chair
COUNTY OF KAUAI POLICE COMMISSION
NOTICE OF MEETING AND AGENDA
Friday, November 18, 2011
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2 A/B
4444 Rice Street, Lilme, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of October 28, 2011
RECOGNITION & COMMENDATION REPORT
Employee of the Month for November: Detective James Miller
PRESENTATION
• Officer Chad Cataluna will brief the Police Commission on his attendance at the recent
4.safeTAUK"training that was sponsored by the Prevent Suicide Task Force.
• Deputy County Attorney Justin Kollar will be providing information on Traffic Related
Fatalities relating to Alcohol and Drugs, from 2005 to present.
CHIEF'S MONTHLY REPORTS
I. Administrative, Technical Services & Training Reportsi,"Orders
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. Chief s Announcements and Pertinent Updates
An Equal Qpportunify Employer
COMMUNICATIONS
KPC 2011-33 Communication dated 10#19/11, from Chief of Police Darryl Perry,
concurring with the Police Commission findings that there were
insufficient evidence to prove the allegations for the following
complaints:
* KPC 2011-18
* KPC 2011-19
* KPC 2011-20
BUSINESS
KPC 2011-34 Discussion on revising Rule 6, subsection(3) (t), of the Rules of the
Kaua'i County Police Commission, Rules on Administrative Practice
and Procedure, relating to Investigation of Charge.
KPC 2011-35 Discussion on the Kaua'i Police Department's Goals and Objectives for
2012.
KPC 2011-36 Public announcements for the following Kauai Police Commission
notarized complaints that were filed against officers of the Kauai Police
Department.
• KPC 2011- 22
• KPC 2011- 23
• KPC 21011- 24
• KPC 2011- 25
ANNOUNCEMENT
Next meeting: December 16, 2011 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2
A/1B, followed by Executive Session.
EXECUTIVE SESSION
Pursuant to Hmvai'i Revised Statute §92-9 (a) (1-4) (b), the purpose of this Executive Session
is to receive and approve 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, deliberate and take
such action as appropriate:
ES-44: Executive Session Minutes of October 28, 2011
Pursuant to H.R.S. §92-4 and H.R.S. §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,
deliberate and take such action as appropriate:
2
Kaua'i Police Commission- November 18, 2011
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-45: KPC 2011-26 Complaint filed on 10/1271/11, alleging that an Officer of the
County was discourteous.
ES-46: KPC 2011-27 Complaint filed on 10/31/11, alleging an Officer of the County
conduct was unbecoming
ES-47: KPC 2011-28 Complaint filed on 11!03'11, alleging an Officer of the County
conduct was unbecoming.
RETURN TO OPEN SESSION
Ratify Police Commission actions taken in Executive Session for items:
ES-34 ES-46
ES-44 ES-47
ES-45
ADJOURNMENT
EXECUTIVE SESSION
Pursuant to Hawaii 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 shall be limited to those items described in H.R.S.
§92-5(a). Discussions held in Executive Session are closed to the public,
cc: Deputy County Attorney Jennifer Winn
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least
24-hours prior to the meeting indicating:
I Your name and if applicable, your position/title and organization you are
representing
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comment only.
4. If you are unable to submit your testimony at least 24 hours prior to the meeting,
please provide 10 copies of your written testimony at the meeting.
The length of time allocated to person (s) wishing to present verbal testimony may be limited
at the discretion of the chairperson or presiding member.
3
Kaua'i Police Commission- November 18, 2011
Send written testimony to:
Kaua'i Police Commission
Attn: Mercedes Youn
Office Boards and Commissions
4444 Rice Street, Suite 150
Lihue, HI 96766
E- Mail: givoun=(Lkapai.gov
Phone: (808) 241-4920 Fax: (808) 241-5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards and
Commissions Support Clerk at (808) 241-4920 at least five(5) working days prior to the
meeting.
4 1` a, ;,4 e
Kaua'i Police Commission-November 18, 2011
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COMMENDATION REPORT
November 4, 2011
COMMENDATIONS: There were three letters of commendation and thanks received involving
3 personnel. These letters will be forwarded to the employees with my personal thanks, sent to
the Mayor, and filed in their personnel jackets.
DATE EMPLOYEE COMMENDED COMMENDED BY
(3 Letters of Commendation)
10/14/11 Ofcr. Jason Overmyer Mr. Scott Haneberg
Motor Vehicle Safety Administrator
Dept. of Transportation
Thanked Ofcr, Overmyer for an outstanding job with completing the required
training to maintain his inspector certification under the Federal Motor Carrier
Safety Assistance Program to promote highway safety.
10/18/11 Ofcr. Christian Jenkins First Grade Teachers of
Kapaa Elementary School
Wrote in appreciation for Ofcr. Jenkins, who after hearing of the teachers
commitment to teaching the importance of values to their students, volunteered
to visit the school to speak to each of six classes.
10/31/11 Ofcr. Norberto Garcia Mr. William T. Honjiyo
Commander & President
Kauai Veterans Council
Received a written commendation for Ofcr. Garcia who volunteers for and
supports the Kauai Veterans Center, Also provided was a copy of a letter of
commendation presented to Ofcr. Garcia from the Kauai Veterans Council for
his outstanding leadership and hard work which helps to make the Kauai
Veterans Center a better place for Veterans and the community.
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KALTAI POLICE DEPARTMENT
DATE OF ISSUE EFFEMVE DATE No.
TRAINING ORDER 09114111 09114111 111-075
REFERENCE MCINDS:
INDEX AS:
22.d ANNUAL VISIONAIR USERS' CONFERENCE
The following individual has been designated to attend the 22", Annual Visionair Users'
Conference in Wilmington N.C. from October 2-6, 2011.
OCTOBER 2-6,2011
AUDREY SILLVA
APPROVED:
L D. PE
_e Y
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE NO.
TRAINING ORDER 10/01/2011 10101111 11-077
REFERENCE RECINDS:
INDEX AS:
GENERAL DYNAMICS OF CHILD SEXUAL ABUSE
The following personnel have been designated to attend the General Dynamics of Child Sexual
Abuse Training being conducted on October 06, 2011 from 0745-1630 hrs., at the Kaua'i Civil
Defense — Emergency Operations Center. The Instructor for the training will be Alex Bivens,
Ph.D., Clinical Psychologist and is being sponsored by the Children's Justice Center of Kauai.
October 06,2011,0745-1630 hrs.
Detective James Miller
Detective James Rodriguez
Of-ricer Mark Ozaki
APPROVED:
P.,XDZAPERRY
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE -,NO.
TRAINING ORDER 1010412011 10104111 11-078
REFERENCE RECINDS:
INDEXAS:
WESTERN STATES IN FOR TIVLkTION NETWORK(WSIN)
The following personnel have been designated to attend the Western States Information Network
(WSI1N) training to be conducted on October 10 and 11, 2011 during the times indicated below,
at the Kauai Civil Defense—Emergency Operations Center. The Instructor for the training will
be Kareem Fuertes of WSIN.
October 10,2011, 1300-1600 hrs.
Lt. Eric Shibuya Sgt.Darren Rose Sgt.Ezra Kanoho
Ofc.Paris Resinto Ofe. Daniel Oliveira Ofe. Ginney"Pua"Pia
Officer A Ian Santella Ofc. Charles Dubocage Ofe. Eric Caspillo
Det.Randolph Chong Tim
October 11,2011, 0900-1200 hrs.
A/C Roy Asher Ca t. Sherwin Perez Det.Bryson Ponce
Det.Brand Ledesma Det. James Rodriguez Det. James Miller
Det.Vicki Fonoimoana Det. James Kurasaki Det.Joseph Adric
Det. Shane Sokei
October 11,2011, 1300-1600 hrs.
A/Lt. Trent Shimabukuro Ofe. Aaron Relacion Ofe. Scott Williamson
Ofc.Daniel Mifloy Ofe. Jason Matsuoka Ofc.Makana Rivera
Ofc.Russell Himongala Ok.Arthur Caberto Ofe. Bruce Nance
Ofc. Tyson Relacion
APPROVED:
DA Y
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
,I DATE OF ISSUE EFFECTIVE DATE NO.
TRAINING ORDER 1010112011 10/0112011 11-079A
REFERENCE RECINDS:114)79
INDEXAS:
INCIDENT COMMAND SYSTEM-300
The following personnel have been selected to attend the Incident Command System 300 Course
on October 3-4, 2011 from 0800-1630hrs., at the Kaua'i Civil Defense Emergency Operations
Center
Prerequisite Training: ICS 100, ICS 200 and ICS 700 most be completed and the course
certificates must be submitted to KPD training Lieutenant Michael Gordon and Ms.
Chelsie Taroc of Kaua'i Civil Defense prior to attending this training.
Dress Code: Class A or C
October 3-4,2011,0800-1630hrs.
Capt. Henry Barriga
Lt.Michael Gordon
Lt. Richard Rosa
A/Lt. Trent Shimabukuro
A/Lt. Randolph Chong Tim
Sgt.Kenneth Cummings
Sgt.Todd Tanaka
Sgt. Roderick Green
Det.James Miller
Det.James Rodriguez
Det. Shane Sokei
Ofe.Allan Andres
Ofc. Damien McCallum
Ofc. Jesse Guirao
Ofe. Len Nitta
Ofc. Brian Silva
Ofc. Anthony Morita
Ofc. Jason Matsuoka,
Ofe. Chad Cataluna
APPROVED-
11;4-0 D. RRY
CHIEF OF POLICE
KALTAI POLICE DEPARTMENT
DATE 0FISSUE EFFECrFVE DATE INO.
TRNINING ORDER 10/0112011 to/01/2011 11-080A
REFERENCE RECINDS:11-080
INDEX AS:
INCIDENT COMMAND SYSTEM-400
The following personnel have been selected to attend the Incident Command System 400 Course
on October 5&7, 2011 from 0800-1630hrs., at the Kaua'i Civil Defense Emergency Operations
Center
Prerequisite Training: ICS 100, ICS, 200 ICS 300 and ICS 700 must be completed and the
course certificates must be submitted to KPD training Lieutenant Michael Gordon and Ms.
Chelsie Taroc of Kauai Civil Defense prior to attending this training.
October 5&7, 2011,0800-1630 hrs.
Capt.Henry Barriga
Lt. Michael Gordon
Lt.Richard Rosa
A/Lt. Trent Shimahukuro
A/Lt.Randolph Chong Tim
Det.James Miller
Det. James Rodriguez
Det. Shane Sokei
Sgt. Roderick Green
Sgt.Todd Tanaka
APPROVED:
L (RRY
. O�CRI
I
/f�'ACHIEEFLOF LICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE 'INTO.
TRAINING ORDER 10/03/2011 10/03/2011 11-083
REFERENCE REC1NDS:
INDEX AS:
COVERED OFFENDER REGISTRATION TRAINING
The following personnel have been designated to attend the Covered Offender Registration
Training on October 11, 2011, from 1000 to 1200 at Fifth Circuit Court, 3 970 Kaana St. Llhu'e
FU 96766,within Multi-purpose room,.
OCTOBER 11,2011, 1000-1200
AUDREY SILVA
SCOTT YAMAGUCHI
APPROVED:
P
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE NO,
TRAINING ORDER 1010412011 1010412011 11-084
REFERENCE RECINDS:
INDEX AS:
AS400 DEPARTMENT OF PUBLIC WORKS,WORK ORDER TRAINING
The following personnel have been designated to attend the AS 400 Department of Public
Works, Work Order training on October 12, 2011, from 0800-0900 hrs, to be held within the
Information Technology Section(IT)training room located in the Moikeha Building.
October 12,2011, 0800-0900 hrs.
Lt. Scott Maui
Scott Yamaguchi
Jessica Fletcher
Gayle Kuboyama
Jodi Hookano
Kristal Nebre
Amy Agcaoili
APPROVED:
FDA D D Y
CHIEF OF POLICE
KAIJAI POLICE DEPARTMENT
DATE OF ISSUE EFFEMVE DATE NO,
TRAINING ORDER 10/03/2011 10/03/2011 111-085
REFERENCE RECINI)S:
INDEX AS:
ACE-V DOCUMENTATION PRESENTATION
The following individual has been designated to attend the ACE-V Documentation Presentation
on October 31, 2011, from 0900 to 1100 at the Honolulu Police Department Headquarters, 801
South Beretania Street, Honolulu Ifl,within the JDS conference room.
OCTOBER 31,2011, 0900-1100
SCOTT YAMAGUCHI
APPROVED:
D E
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFEcrfVE DATE NO.
TRAINING ORDER 09126111 09126111 u-89
REFERENCE RECLNDS:
INDEX AS:
FIREARTAIS QUALIFICATIONS
Firearms Training/Qualification for the Gluck Pistol has been scheduled at the K!pWi\4aluhia
Range for the below designated officers. Please refer to the dates and times listed below for the
scheduled trainingiqualifications,
Scheduling of firearms qualifications for all sworn officers will be ongoing within the next
several weeks.
Items required at the range: Complete cleaning kit, Cap/Hat, Drinking water, Soft body
armor.
- Officers will not be provided with any weapons cleaning equipment.
- Officers should be prepared to be placed in a position of lying on the ground and dress
accordingly.
Proficiency:
Pistol: Officers will qualify on a 50 round timed course of qualification fire, using the
department issued Gluck Pistol, with a passing score of 80%.
Shotgun: Officers will qualify using the KPD authorized 12 gauge shotgun with a passing score
of 100%.
Knowledge: Officers must be able to show the ability to safety handle, clean, and maintain
their weapon with their own equipment. Any failure to show this ability will result in
a"Fail to pass"grade,
Uniform: Class D.
Instructor: Sergeant Randolph Chong Tim or designee.
October 11,20110900-1300 hrs.
Ofe. Matthew Kaluahine Ofc.Paddy Ramson
Ofc. Jesse Castro Ofc. Michael Nii
Ofe. James Kurowski Ofc. John mullineaux
Ofc. Gilbert Asuncion Ofc. Arthur Caberto
Ofc. Kaulana Renaud Ofc.Derek Lorita
Ofc. Bruce Nance
October 14,20110900-1300 hrs.
Ofe. Christian Jenkins Ofc, Clayton Okamoto
Ofc. Brian Silva Ofc.Rolland Peahu
Ofc. Len Nitta Ofe.Makana Rivera
Ofc. Jose h Russell Himo!jgala Ofc, Damien McCallum
11 Ofc. Steven V' ant Ofe, Philli Ban uell
Ofc. Isaiah Sarsona Ofc.Floyd Niau
PROVE
�DARR D. PERRY
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE 11'40.
TRAINING ORDER 1010412011 10/0412011 11-092
REFERENCE RECINDS:
INDEX AS:
SPECIAL SERVICES TEAM-MONTHLY TRAINING-OCTOBER
The following personnel have been designated to attend the Special Services Team Training on
the below listed date.. Members are to report to the Larry Bowman Fitness Center by 0700
hours. Training will be from 0700 to 1545 hours, Personnel shall report with PT attire and have
BDU available. The Instructor for this training is Sergeants Todd Tanaka and Ezra Kanoho,
OCTOBER 14,2011, 0700-1545 hrs.
LT. MICHAEL GORDON
SGT. TODD TANAKA
SGT. EZRA KANOHO
DET. BERNARD PURISIMA
OFC. ALAN SANTELLA
OFC. HANSON HSLT
OFC. BARRY DEBLAKE
OFC. LEN NITTA
OFC. CHARLES DUBOCAGE
OFC.ARNOLD CAYABYAB
OFC.ALLAN ANDRES
OFC. RANDALL NERO
OFC. MICHAEL NH
OFC. DARRIN IRl[MATA
OFC. JOHN MULLITNEAUX
;PROVE-n-
DARRYL D. PERRY
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE NO.
TRAINING ORDER 10/14/2011 10/1412011 11-95
REFERENCE RE S:
INDEX AS:
FORKLIFT OPERATORS CERTIFICATION TRAINING
The following personnel have been designated to attend the "Forklift Operators Certification
Training" on October 17, 2011 to be held at the County of Kaua'i Automotive Repair Shop,
Wehe Road L1hu'e, second floor classroom, from 0930-1230. The instructor will be Steven
Carvalho of the Kaua'i County Public Works.
OCTOBER 17,2011 0930-1230
Captain Henry Barriga
Lt. Richard Rosa
Sgt. Darren Rose
Ofc. Ginny"Pua"Pia
Ofc. Damian Loo
Ofc. Whitman McCullum
Evidence Custodian Eunice Apeles
A/Fleet Coordinator Matthew Beadle
APPROVED:
X
D L
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE No
TRAINING ORDER 10119/11 10/19111 11-096
REFERENCE RECINDS:
INDEX AS:
MOBILE FIELD FORCE TRAINING
The following personnel have been designated to attend the Mobile Field Force training from
October 26-28,2011, 0745-1630 at the Kaua'i War Memorial Convention Center. This course is
being presented by instructors from the Department of Homeland Security and the Hawaii Army
National Guard. The training location may vary after the first training day; attendees will be
advised as to the training location by the instructors the day prior for Thursday and Friday.
Dress: KPD issued blue BDIU uniform
Preparation: Hydrate prior to training and have water available during training
Equipment: Complete Duty belt to include baton,Air Purifying Respirator with carrier.
October 26-28, 2011,0745-1630 hrs.
Richard Rosa Jon Takamura Dan Nflyamoto Dan Fort
Roderick Green Kenneth Cummings Robert Gausepohl Randolph Chong Tim
Darren Rose Brandy Ledesma Shane Sokei Bernard Purisima
Eric Caspillo Ken Carvalho I Mark Ozaki Barry DeBlake
Anthony Abalos Aaron Bandmann Chito Garduque Daniel Oliveira
Ray Takekawa Russell Himongala Isaiah Sarsona David Banquel
Vernon Basuel Mackenzie Metcalfe Jesse Guirao Marnie Fernandez
Clyde Caires Michael Nii Damien McCallum Christian Jenkins
Note: Sgt.Kenneth Carvalho,is unable to attend the training on 10127/2011.
Det.Bryson Ponce will attend only on 10/2712011
APPROVED:
x ARRYL
z PE
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE NO.
TRAINING ORDER 10/13/2011 10/13/2011 11-098
REFERENCE RECINDS:
INDEX AS:
FIREAR-TN1S QUALIFICATIONS
Firearms Training/Qualification for the Glock Pistol has been scheduled at the K!pW-N4.
Range for the below designated officers. Please refer to the date and time listed below for the
scheduled training/qualifications.
Scheduling of firearms qualifications for all sworn officers will be ongoing within the next
several weeks.
Items required at the range: Complete cleaning kit, Cap/Hat, Drinking water, Soft body
armor.
- Officers will not be provided with any weapons cleaning equipment
- Officers should be prepared to be placed in a position of lying on the ground and dress
accordingly.
Proficiency:
Pistol: Officers will qualify on a 50 round timed course of qualification fire, using the
department issued Glock Pistol, with a passing score of 80%.
Shotgun: Officers will qualify using the KPD authorized 12 gauge shotgun with a passing score
of 100%
Knowledge: Officers must be able to show the ability to safely handle, clean, and maintain
their weapon with their own equipment. Any failure to show this ability will result in
a"Fail to pass" grade.
Uniform: Class D
Instructor: Sergeant Randolph Chong Tim or designee.
October 18,20110900-1300 hrs.
Lt. Mark Scribner Sgt. Robert Gausepohl
Ofc. Elliott Ke Ofc. Jason Overmyer
Ofc. Vernon"Jay" Scribner Ofc Ray Takekawa
APPROVED•
ERRY
,DARRYL D.-P
CHIEF OF POLICE
2011 Bench Warrant Tracking
t
All Outstanding Warrants
Records
Month Intake Outs'an.cing (Active) Felony Misdemeanor
January 135 -:50 78 372
February 112 487 82 405
March 160 467 82 385
April 208 _ 529 93 436
May 183 543_ 86 457
June 177 536 90 446
July 199 554 86 468
August 246 539 _ 129 _ _410
September 218 549 81_ 468
October 4 211 450 84 366
November
December
Year Total 18491 5101 891 +2 3
Records Intake shows the total number of Warrants received for each month.
Outstanding shows the total number of Active Warrants currently in KPD Records
Management System.
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PERSONNEL STATUS AS OF 10-31-2011 CLOSE OF BUSINESS:
AUTHORIZED ACTUAL VACANT
APPOINTED 2 1 1
SWORN 148 128 i 20 i
County General Fund 1 148 128 20
GrantFund 0 0 8
CIVILIAN 75 57 18
County General Fund 71 56 1 IS
i Tent orar &Grant Fund 4 1 3
TOTAL 225 186 39
VACANCIES. Pos.# Position Tide
Appointed E23 Deputy Chief of Police-eff.01/23/2011
Sworn: #372 Police Lieutenant-eff 01/23/2011
#373 Police Lieutenant-eff.01/23/2011
#405 Police Lieutenant-eff.06/01/2011
#535 Police Lieutenant-eff.01/23/2011
9450 Detective-eff.09/26/2010
#504 Detective-eff.11/01/2009
#579 Detective-eff.09/26/2010
#457 Police Sergeant-eff.09/26/2010
4470 Police Sergeant-eff.09/26/2010
#518 Police Sergeant-eff.12/14/2008
#538 Police Sergeant-eff.09/26/2010
#397 Police Services Officer-eff.09/26/2010
#503 Police Services Officer-eff.09/26/2010
#528 Police Services Officer-eff,09/26/2010
#529 Police Services Officer-eff.12/31/2010
#542 Police Services Officer-eff.09/26/2010
#568 Police Services Officer-eff.09/26/2010
##569 Police Services Officer-eff.09/26/2010
#571 Police Services Officer-eff.12/28/2010
#578 Police Services Officer-eff,09/26/2010
Civilian: #310 Police Records Unit Supervisor-eff.09/01/2009
#341 Police Records Clerk-eff.10/171/2011
#342 Police Records Clerk-eff 09/19/2008
#345 Secretary-eff.07/01/2008
#358 Public Safety Worker I-eff:07/16/2011
#432 Pol Equip Maintenance Coordinator-eff.12/31/2009
#316 Radio Dispatcher I-eff.01/03/2011
#536 Radio Dispatcher I-eff.12/24/2010
#597 Radio Dispatcher II-eff.10/01/2011
T353 Radio Dispatcher I-eff 05/01/2011
T565 Radio Dispatcher I-eff.03/24/2011
T475 Clerk[Off Duty]-eff.01/29/2011
Note + Short Term Appointment,Background Investigator(Pas#504)-K Krlerohano effective 1110112011 NTE 0112812011
VACANCIES: yos.# Position Title
(Hourly) #1305 School Crossing Guard(c/tUS/14/%O8H-New Position) 8bpoo
#1307 School Crossing Guard(cfLQS/14/2UO3-New Position)-King Kaumuo0/
#1309 School Crossing Guard(cf[O5/14/I008-New Position)-ChiefessKamobohvle/
#1310 School Crossing Guard[oifQ5/%4/2O08-New Position)-C6hefessKbmokohc&u
#1315 School Crossing Guard(eftO5/x4/2OO8-New Position)-Hanalei
#13I6 School Crossing Guard(ef[U5/14/2OOg-New Position)-Kilauea
NOTE:
#zyu School Crossing Guard W Osterhout,new hire effective 10/25/2011;selected from referred list#101100136(Koloa School)
w1314 School Crossing Guard-noe|^Cruz;new hire effective 1o/zs/zO/|;selected from referred list#1z/znuzao(xexauaSchool)
4302 nemurClerk-A A@ruo0;released from position while serving a new probation return m former position
RECRUITAIIENT STATUS INFORMATION as of October 31, 2011:
Police Services Officer Referred 57
(Referred LLvt Expires:03/31.12012 Not Intereste&,Nio response 19
Withdrew/Discontinued 23
Processing 15
1p' date:
Background Investigations are currently being done on the 15 PASO applicants remaining. Howell
Kaleohano and Officer Abbatiello are completing investigations for 6 of'these PASO applicants. They will
then be directed to complete backgrounds for the civilian positions listed below. The remaining 9
background investigations will be completed by an additional Investigator who will be hired on an 89-day
appointment beginning November 2011. Targeted completion date of all 15 background investigations is
December 31, 2011.
Following the required review procedures. conditional job offers are slated to be given in late
Januarylearly-February. Post-qffer Psychological and Polygraph testing is tentatively scheduled for
early-mid February, and in person interviews with Dr. Corey is tentatively scheduled for the latter part of
February. 4fter the qualified candidate list is provided by Dr. Corey and approved, applicants will have
to schedule and pass the physical exam before entering academy.
Targeted date of hire for the 82 nd Police Sen ices Officer Recruit Class is April 16, 2012
Police Equipment Maintenance Coordinator Number of Vacancies I
(Referred List Expires:12121/11) Referred 2
Processing 2
NOTE:Background investigations are currently being done on the 2 referred applicants.
Radio Dispatcher I Number of Vacancies 5
(Referred List Expires: 1212811 Referred 13
Not Interested/No response 4
Processing 9
NOTE:On 91.19111, applicants,were contacted via phone to confirm interest. On 9130/11,PIIPs were sent out via USAfail and
email. Deadline to respond was October 14, 20111 Board interview needs to be scheduled next. Decision pending on who
will be on the interview board.
School Crossing Guard- Chiefess Referred 5
(Ri ferred List Expires:01125/12) Not Interested/No response I
Processing 4
Page 1 of 2
NOTE: On 10127111, a list of eligibles was referred to KPD, On October 28, 2011, applicants were contacted via phone to
confirm interest. On 10131/11,I'llps were sent out via US Mail. Deadline to respond is November 14,2011.
School Crossing Guard - Hanalei Referred 4
(Referred List Fxpires•011251121 Not InterestedNo response 0
Processing 4
NOTE:On 101277,111, a list qfeligibles was referred to KPD. On October 28, 2011, applicants ivere contacted via phone to
confirm interest. On 10,/31111, PHPs were sent out via US Mail. Deadline to respond is November 14,2011.
School Crossing Guard-Kapaa Referred 7
(Referred List Expires:01125/12) Not Interested,No response I
Processing 6
NOTE.•On 10/'27/11, a list of eligibles was referred to KPD. On October 28,2011, applicants were contacted via phone to
confirm interest. On 10131111, PHPs were sent out via (JSMail. Deadline to respond is November 14, 2011.
School Crossing Guard- Kilauea Referred 3
(Referred List Expires:01125112) Not Interested/No response I
Processing 2
ATOTE: On 10/2,7111, a list of eligibles was referred to KPD. On October 28, 2011, applicants were contacted via phone to
confirm interest. On 10131/11, Pflpy were sent out via U'SAIail. Deadline to respond is November 14,2011.
School Crossing Guard—King K Referred 7
(Referred List Expires:01,'25/12) Not Interested/No response 2
NOTE: On 10127/11, a list of eligibles was referred to KPD. On October 28, 2011, applicants were contacted via phone to
confirm interest; On 10131/11,PHPs were sent out via US Mail. Deadline to respond is.Movember 14,2011.
School Crossing Guard- Koloa Hired- KPD Official Start Date 10/25/11
School Crossing Guard-Kekaha Hired: KPD Official Start Date 10/25/11
Police Records Clerk Requisition initiated on 11/101/11
Pending approvals
Page 2 of 2
KAUAI POLICE DEPARTMENT
Notes to Budget Summary
For the Period September 2011
The Budget Status Report for September 2011 is submitted for your review and perusal. The
department's total expenditures plus encumbrances todate is 23%, right below the 2596 budget
to date.
The breakdown of the year-to-date expenditures for the department is Chief's Office 22%,
Administrative and Technical Bureau 30%of budget expended, investigative Service Bureau
I996of budget expended and Patrol Service Bureau 2G96ofbudget expended.
Chief Perry recently requested County Council to consider using approximately$35,000 in Asset
Forfeiture funds to help support the costs associated with the initial accreditation process
through the Commission on Accreditation for Law Enforcement Agencies (C.A.L.E.A). Theme
costs include initial application, purchase of software and equipment, training ofpersonnel,
attendance to[.A.LE.A. conference, and site visits 1oC.A.LE.A. accredited police departments
in Hawaii.
Some of the benefits of being accredited include:
• A uniform set ofwritten directives for reaching administrative and operational goals
while also providing direction to personnel.
• Accreditation standards will provide the Chief with the necessary reports and analyses
to make fact-based informed management decisions.
• Accreditation requires preparedness program to be put in place sn our department is
ready to address natural or man-made unusual occurrences.
• Accreditation is a means for developing or improving upon the department's
relationship with the community.
• Accreditation will strengthen our department's accountability, both within the agency
and the community,through a continuum of standards that clearly define authority,
performance and responsibilities.
• Being accredited can limit the police department's liability risk exposure because it
demonstrates that internationally recognized standards have been met, as verified by a
team of independent outside C.A.L'E.A. trained assessors,
• [.A.LE.A. accreditation assists in an agency's pursuit ofprofessional excellence,
In addition, KPD is preparing for the departmental V Quarter Budget Review Meeting with
Mayor Bernard[arva|ho,]r, representatives from Purchasing Division, Finance and
Department of Personnel Services tentatively scheduled for November 18, 2011 at 2:30pm.
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Monthly Recap
Investigative Services Bureau
Captain Sherwin K. Perez
OCTOBER 2011
DETECTIVE SECTION
SEXUAL ASSAULT
Report of a 6-year old female possibly assaulted by step father. A forensic interview
was conducted with the 6 year old girl and another family member. To disclosure of
sexual abuse reported, and no evidence any crime occurred.
ROB13ERY
55 year old male subject reported being assaulted and robbed at knifepoint by a male
suspect. Investigation conducted and based on witness statements and positive ID via a
photo lineup, a 29 year old Lihue man was arrested. Evidence recovered which linked
the suspect to numerous other cases of Theft. Case was presented to the Grand Jury.
Suspect was arrested and is being held at KCCC on$100,000 bail.
THEFT
Anchor Cove Security reported that an ATM machine was stolen from the shopping
center. Detectives investigating the case recovered Video surveillance which helped to
identify a suspect vehicle. The Detectives cross-checked DMV and sales records from
local auto sales giving them leads to the suspect vehicle. A Search warrant resulted in the
recovery of approx. 75% of the money stolen and the arrest of 2 Suspects. The suspects
are currently in KCCC awaiting trial.
ARSON
A male subject reported 2 cabins in the Kokee area Nvere on fire. Fire and KPD personnel
responded and conducted an investigation. It was determined that the fires were set
intentionally. Due to the area being isolation of the area,no witnesses were found. Case
is under investigation.
YOUTH SERVICES SECTION:
HARE
KPO SENSITIVE
11 classes at various schools. 275 student participants.
KPAL
Activity Participants
Kapaa Youth Center:
All Star Cheerleading 30
Jm Jitsu Self Defense 15
Sea Scouts 30
Boxing 90
SPECIAL PROJECTS:
• Tobacco Sales sting operation. A total of 39 retail establishments were visited for
a 100%compliance rate.
• Assisted with School Emergency Evacuation Drills: Kauai High School and
Wilcox School.
• Conducted a career day presentation at Wilcox School.
• Assisted with 3-day marijuana eradication mission on Kauai.
• Conducted a presentation on cyber-bullying at Kapaa Middle School with approx.
100 students in attendance.
• Assisted in the 2 d Annual National Safety Weekend at Kmart, with the
appearance of McGruff.
VICE NARCOTICS SECTION
SEARCH WARRANTS
Executed a search warrant on a mate subject and his vehicle. Recovered approximately
.6 grams of marijuana. One adult male booked and released.
Executed a search warrants on a male subject,two vehicles and a residence. Recovered
was approximately 1.4 grams of crystal methampheramine, prescription pills,4 vials of
steroids and various drug paraphernalia. Two adult males arrested and released pending
investigation.
SPECIAL OPERATIONS
• Multi-agency green harvest operations on conducted on Kauai.
Z�
• One officer assisted in career day at Wilcox Elementary School.
• Two officers assisted Maui Police in Green Harvest Operations.
SUBMITTED BY:
Sherwin K. Perez K-21
I
�12
Captain, Investigative Services Bureau 05/11
KPD SENSITIVE
INVESTIGATIVE SERVICES BUREAU
MONTHLY REPORT FOR OCTOBER 2011
VICE SECTION
Self Referred Carry-Over Total Average Cases I %Cleared
Initiated Cases Cases Assigned Per PFD Cases Arrests Cleared
66 3 69 14 2 12 67 971
6 Investigators
GENERAL INVESTIGATIONS
e e erne arry- ver o a a e %Cleared
Initiated Cases Cases Assigned Per PFD Cases Arrests Cleared
103 367 470 94 38 3 21 4,47%
7 Detectives
SPECIAL FOCUS INVESTIGATIONS
Self Referred Carry-Over Total Average Cases 0 Cleared
Initiated Cases Cases Assigned Per PFD Cases Arrests Cleared
0 5 115 120 __60 -1 21 1 1 0.008333
2 Detectives
OFFICERS IN THE SCHOOL
Self e erre Carry-Over Total Average Cases °lam Cleared
Initiated Cases Cases Assigned Per PFD Cases Arrests Cleared
0 22 0 22 11 0 22 14 64%
2 Officers
DARE / GREAT Drug Confiscations (weight in grams)
DARE Classes 11 Marijuana Plants 38
DARE Students 275 Marijuana Processed 359.9
SRC} Activities 25 Cocaine 1.5
Total Students 0 Heroin
Methamphetamine 192
Missing Person 51 Steroids 4
Pills/Tablets 8
OVIC Ecstacy
Abuse/Household Member 38 Hash Oil
TRO/Protection Order Cases 10 Vehicles 1
Domestic Related Cases 0 Currena $6,122.00
Verbal 1 Domestic Arguments 0 1weapons
Total DV Related Cases 48
Restraining Orders Bureau Actions
Served TRO'S 0 Info C har in
Served Protection Orders 0 Arrest Warrants
Dissolved 1 NS Orders 0 Search Warrants 5
Unserved Orders 01 Citations
Other Orders 0 Persons)Arrested 16
CPS Orders 0
Total Restraining Orders 0
PATROL SERVICES BUREAU
MONTHLY ACTIVITY REPORT
October 2011
- -r
---- --•.----------------w---.------------------y
■ R
f ARRESTS 3 ■
•
■ f
A. FELONY 63 �
! B. MISDEMEANOR 360
i C. DUI 16 i
R r■
l
----------------------------------------------
-----------------------------------------------;
1
! LEA DER ICS !
•
L------------------------------ - - ------I
Revised 06/01/2011
`
Cq
Aq
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44 00
kel
Of '
Community Oriented Policing Report
Traffic Safety Unit
I,-)
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: ALEJANDRE QUIBILAN, ASSISTANT CHIE�, P A-
MICHAEL M. CONTRADES, CAPTAIN, PSB C�.wlO 14-0,2-tf
FROM: MARK SCRIBNER, LIEUTENANT, TSU
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR OCTOBER 2011
I. ENFORCEMENT EFFORTS
Platoon/Sergeant 1 Parkin 91 Misc. Seatbelt Movingi OVUII
IT. S.U. 0 46 43 i 239 1
ITOTALS 0 46 1 43 239 1 1
II. SPECIAL OPERATIONS
The Traffic Safety Unit conducted one (1) sobriety
checkpoints for a total of four (4) hours . A total of 24
citations were issued. There was one (1) OVUII arrest.
III. MEETINGS
A. 10/11- attended the Statewide Child Passenger Safety
Meeting on Oahu.
B. 10/12- attended Governor' s Highway Safety Council
meeting on Oahu.
C. 10119- attended Statewide Traffic Coordinating
Committee meeting on Oahu.
D. 09/20- attended Shattered Dreams Meeting at Waimea
High School.
E. 10/1211&28- Attended Child Passenger Safety Class on
Oahu.
Page I of 2
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. 10/26- TSU assisted with the k to Falk Walking School Bus/
-L �L
school at St. Catherine' s Elementary School .
B. 10/29- TSU assisted with Traffic Control for the United
Way Walk-a-thou at Kukui Grove.
Submitted for your review and approval:
k-
Mark Scribner K-100
Lieutenant TSU
11-01-2011 1320 hrs
Page 2 of 2
Community oriented Policing Report
Lihue Distjl�ict
TO: DARRYL PERRY, CHIEF OF POLICE
VIA: ALE%.TANDRE QUIBILAN, ASSISTANT CHIEF, PSB '
MICHAEL CONTRADES, CAPTAIN, PSB 0, u2,3
FROM: TRENT SHIMABUKURO, ACTING LIEUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR OCTOBER 2011
1. ENFORCEMENT EFFORTS
Platoon ! Parkingl Misc . Seatbelt Moving OVUII
Plt . Z�NITTA 7 29 1 23 1
Plt. 2fTANAKA 13 j 46 2 j 48 3
Plt . 3/OLIVER 5 21 3 42 3
TOTALS
II. SPECIAL OPERATIONS
A. 102511-Cell Phone enforcement. on Kaumualii Hwy. in the
vicinity of Nawiliwili Rd.
III. MEETINGS
A. None.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. Plt. 3 participated in the Wilcox Elementary School
Evacuation Drill .
B. Plt. 2 Officer did a presentation at the KEO Early
Learning Center on 102711 regarding Halloween Safety.
C. Plt. 2 Officer has been coaching soccer with the AYSO in
the U-5 division.
D. Two Pit. 2 Officers participated with the Haunted House
at the Kukui Grove Shopping Center.
E. Plt . 2 Officer volunteers as a PoD Warner football coach
in Hanapepe. A
Page 1 of 2
F. Plt. 2 Officer coaches HYSA soccer in the U-10 and U-12
age divisions.
G. Plt. 2 Sgt. coaches football at Kauai High School.
H. Plt. 1 Officer coaches AYSO soccer.
Submitted by:
Trent Shlmabukuro K-209
A/Lieutenant
11-02-11 1630 hours
Page 2 of 2
co unity Oriented Policing Report
Hanalei District
T C DARRYT PERRY, CHIEF OF PO ICE
L
VIA: AJ'JEiAN-"'1RE QUIBIIjAN, ASSISTANT CHIEF, PSB
MICHAEL C'ONTRADES,, CAPTAIN, PSB G-**L$-Z3 ti- CI-4
FROM: RODERICK GREEN, ACTING LIE T U`77-NANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR OCTOBER 2011
I. ENFORCEMENT EFFORTS
Platoon : Parking 1 Misc. 1seatbelt Moving Speeding I ovuii
u. -8 141 i4 46 3 2
LI 16 -3 2 33 8 0
76 79 0 49 is i 0
TOTALS so 1 273 1-6 128 26 2
I I I
Ii. SPECIAL OPERATIONS
A. 101612011 - Platoon 3 officers conducted Operation
"Anini II". The project was a joint effort between KPD
4
and Makai Golf Course persone-.1 _' n Princeville to
.ear oat illegal campsites and trash which was
located and identified to be on their property. The
oro-1ect was initiated due to numerous complaints from
4
concerned citizens who frequently walk the trail from
Princeville down to Anini Bear---'h . Officers utilized off
road vehicles to access the trail and haul abandoned
trash from the area. After initially identifying 19
illegal camp Stes
4 , ony five needed to be
,.i-�' -L �L-L i removed the
day of the operation due to advance notices being
issued.
B. 10113/`2011- Platoon 1 officers conducted a t--raffilc
enforcement saturation pro-'Iec-t in the Kawaihau
District called Ooe-rat4 on "'Tough Love". Dur- na the
operation, 16 c-Ltations were issued, 2 bench warrants
arrests, and 1 o.v.u. i. -J . arrest were made. The
project was initiated due to area residents who made
Page 1 of 2
4 act iVi�-4
Comnj-aInts about fighting, boistereous ties, and
reckless driving in Kapaa I own durina the late
evenings when area bars are closing.
III. MEETINGS
A. 10/8/2011 - Platoon I supervisor attended a block
captain' s meet--Ina in -Princeville. During the meeting,
recent crime trends and statistics were given.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. I C/26/20111 - Platoon 2 an 3 o'f- cers monitored a "Walk
L I -L -L -L-
to School" campaign that St. Catherine' s and Kapaa
Elementary Schools participated in. It is estimated that
over 75 children and their parents participated pated in the
walk.
Submitted by:
Roderick Green K-212
A/L i e u-IL:e n a n t- Hanalei
1, 1-02-11 11-11-5 hours
Page 2 of 2
Community Oriented Policing Report
Waimea Distri t
POT
TO: DARRYIIJ PERRY, CHIEF 0-7 j-JICE
VIA: ALEJTNDRE QUIBILAN, ASSISTANT CH EF, PSB
MICHAEL CON TRADES,DES, CAPTAIN, PSB Qti+F�3 at-o3-ti
FROM: RICHARD W. ROSA, L T EUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR OCTOBER 2011
I. ENFORCEMENT EFFORTS
Platoon Parking Mist. Seats�elt- Moving OVUII
1 10 66 0 70 2
II
18 116 16 145 4
III 6 64 6 40
0
TOTALS 34 246 1 22 256 6
SPECIAL OPERATIONS
A. 10/13 Squad 2 conducted a Legal Service Detail
B. 10/15 Overlapped Squads for the Bene.'--"'L- Concert and
Family Reunion in Kekaha and the Waimea Homecoming
Game.
C. 10/21 Po"Lihale Prolect-
D. 10/22 Squad 2 conducted a OVUII ,-",heck Point
E. 10/31 Squad 2 Assigned to assist the new crossing
guards at Kc1ca and Kekaha -Schoc1 .
MEETINGS
A. 10/06 Chief forma- ins cction of the Waimea
District.
- - L.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
None
Page 1 of 2
0 0
Submitted for your rev-Lew and approval:
R"ch rd W. Rosa) K-110
L
�
L - 4 neat Waimea
i 1-n
02-11 1230 Hrs
Page 2 of 2
POLICE DEPARTMENT
COUNTY OF KAUAI
3990 KAANA STREET, SUITE 200
L111 E, HAWAII 96'1 66-1268 DARRYI-D.PERRY
BERNARD P.CARYAL140,JR. TELEPHONE (808)241-1600 Chief ofpolice
Mavor
FAX (808)-241-1604
GARY K.HEU
Managing Director
F1.1
Lji r
October 19, 2011
Id I Lj I
0-10,T 2 12 011
POLICE
Chairman Charles Iona
and Commission Members
KAUAI POLICE COMMISSION
c/o Office of the Mayor
4444 Rice Street, Suite 150
Lihue, HI 96766
Re: KPC COMPLAINTS
Dear Chairman Iona and Commission Members:
After careful review and consideration of the following KPC complaints, I concur with the Kauai
Police Commission's findings that there is/are insufficient evidence to prove the allegations as
stated.
KPC 12 11-1 8
KPC 2011-19
KPC 2011-20
Therefore, the complaints shall be closed and no further action taken.
Sincerely, /1-N
D RRYL D. PER
Cief of Ptlice
L
AN EQUAL OPPORTUNITY F-AIPLOYF.R
robs,
RULE 6
CONTROL, MANAGE MENT AND DIRECTION OF THE DEPARTMENT
Rule 6-1 Powers. Duties and Responsibilities of the Police Commission.
a. Goals and Aims of the Department. The Commission shall adopt such rules
as it may consider necessary for the goals conduct of its business.
b. Advisory Powers. The Commission may pass advisory resolutions concerning
the matters exclusively within the authority of the Chief of Police. However,
in such cases,the Chief of Police shall not be bound by any such advisory
resolution.
c. Administration. Except for purposes of inquiry, neither the Commission nor
its individual members shall interfere in any way with the administrative
affairs of the department administered by the Chief of Police.
d. Commission and Commissioner Inquiries. All Commission inquiries shall be
initiallv submitted to the Chief, Deputy Chief or the appropriate Bureau
Commander. Should an inquiry prove to require substantial departmental
man-hours, the Chairman shall be informed of the inquiry by either the Chief
or his designate so that the matter can be put on the floor for a vote as to
whether this topic should be pursued.
e. Performance of Duty. The Commission shall determine whether the acts of an
officer, for which he or she is being prosecuted or sued, were done in the
performance of duty, so as to entitle him or her to be represented by legal
counsel provided by the County.
f. Request for Legal Representation.
1. Procedure for Requesting Legal Counsel. If a police officer desires
legal representation to be provided by the County of Kauai in civil or
criminal proceedings initiated against the officer, he shall submit a
written request to the Police Commission within thirty (_3)0) calendar
days of being either formally indicted in the pending criminal matter
or served in the pending civil matter. The Commission may
determine that good cause exists to extend the time to submit a
written request.
2. Action by the Commission. Upon receipt of the police officer's
written request, the Commission shall request that the Chief of
Police or his authorized designee submit a written report to the
Commission informing the Commission of the current status of the
police department's investigation concerning the facts underlying the
Page 10 of 22
KPA 2011 3**
MINI
matter in which the officer is seeking legal representation from the
County. The written report shall include all relevant police report(s).
The report shall be submitted to the Commission within thirty(3)d
calendar days of the Commission's request. The Commission may
determine that good cause exists to extend the time for submittal of
the report,
3. Consultation with the County Attorney. Before making a
determination of whether an act. for which the officer is being sued
or prosecuted, was done in the performance of duty, the Commission
shall consult with the County Attorney and ask for a
recommendation to the Commission.
4. Decision of Commission. The Commission may allow the police
officer to appear before the Commission and discuss his request for
representation, so long as the officer is made aware that any
comments he makes can be used against him in a legal proceeding.
The Commission shall subsequently inform the officer of its decision
in writing. All discussions concerning the officer's request for legal
representation shall be discussed in executive session.
5. Contested Case Hearing. Any police officer aggrieved by the
Commission's decision may, within fifteen (15) calendar days of the
issuance of the Commission's decision, request in writing that the
Commission reconsider its decision. The Commission may
determine that good cause exists to extend the time for submittal of
the request. When requesting reconsideration, the police officer may
submit a written statement setting forth the specific reasons why the
actions were done in the performance of duty as a police officer,thus
entitling him to representation by counsel provided by the County.
The Commission shall subsequently hold a contested case hearing
pursuant to the procedures set forth in Rules 7-2 through 7-8 and
Hawaii Revised Statutes, Chapter 91.
9. Public Charges Against the Conduct of the Department or Any of its
Members.
1. Filing of Charges. Any and all charges shall be in writing on such form
as the Commission may designate and shall be notarized.
a) Charges shall be filed with the Office of Boards and
Commissions no later than thirty (30)calendar days after the
date of occurrence. Charges filed after the thirty (30) day
period will not be investigated unless the Commission finds
good cause for an extension of time. However in no event may
Page 11 of 22
ME
the Commission consider a complaint filed more than 180
calendar days after the date of the occurrence.
b) The date the Office of Boards and Commissions receives the
charge shall be noted on the first page of the form in the space
provided and signed for by the recipient.
c) Any charges received informally by an individual
Commissioner or by Department personnel shall be referred to
the Office of Boards and Commissions for proper filing and
processing.
d) Charges shall be officially received when all requirements
stated above have been met. All such officially received
charges shall be reviewed and investigated by the Commission.
e) The Commission Chairman shall provide written
acknowledgment of the receipt and status of such charges to
the Commission members, the Commission Investigator, the
Chief of Police and the complainant.
1) The Chief of Police shall notify the employee in
question of the charges according to department rules
and regulations.
2) The Commission Investigator shall not commence the
investigation of such charges until after the employee in
question has been notified of the charges. The
restriction shall not apply in circumstances where,
despite good faith efforts, the employee cannot be
notified.
2. Confidentiality. The Commission shall keep any and all discussions
concerning charges confidential and discuss them only in Executive
Session.
3. Investigation of Charge. The Commission may use an Investigator, or
such other persons as may be necessary, to investigate any and all
charges referred to the Commission. The Investigator may be a
member of the department specially assigned by the Chief of Police to
the Commission. In cases where the Commission hires or contracts
the services of an Investigator, that person shall have a minimum of
three (3)years of active experience in general investigative work; be
licensed as private detective in accordance u"ith the provisions of
Hawaii Revised Statutes, Chapter 463; have a high school diploma;
have a current driver's license and a vehicle for use on the job; be
Page 12 of 22
familiar with the Kaua'i community and the procedures of the Kaua'i
Police Department or have the ability to acquire such; be readily
available on short notice to perform investigative tasks for the
Commission: possess a character above reproach; and have no felony
or misdemeanor convictions.
a) The Investigator shall conduct all investigations in a proper and
ethical manner-, shall obtain all information pertinent to the
charges; and shall upon completion of the investigation, submit
a written report to the Commission.
b) Communications between the Investigator and the Commission
or individual Commissioners shall be through the Chairman or
his or her designate.
c) Details of the investigation shall be considered confidential and
shall not be released or discussed with any persons other than
the Commission.
d) The Investigator shall be authorized to obtain from the
department on behalf of the Commission any such information
as may be needed for the investigation subject to the prior
approval of the Chief of Police. Such information may include
copies of police reports or statements from department
personnel.
e) The Investigator's report shall contain a detailed report of all
investigative findings, and a summary of all interviews.
f) The Investigator shall submit the report within sixty(60)days
of the date the charges were officially received. The report
shall be submitted to the Commission Secretary for duplication
and immediate distribution to the Commission.
g) Upon review of the investigative report, the Commission may
conduct further investigation.,including interviews of the
Investigator and/or any other person involved in the case. In
addition the Commission may resubmit the report to the
Investigator for further investigation.
4. Commission Decision. After the charge has been fully investigated,
the Commission shall enter a decision finding that there is either
sufficient or insufficient evidence to prove the charge. The
Commission shall thereafter submit a written report of its decision to
the Chief of Police; in no case longer than sixty(60 days after the
Commission concludes its investigation. The Commission may
Page 13 of 22
11 IF
0 0
inquire with the Chief of Police as to any departmental action taken
following the Commission's decision.
a. The Commission shall notify the complainant of its
decision in writing.
b. Every Commission decision shall be made
public during a regularly scheduled meeting. Names of
individuals complainants and the subject employee shall
be made public. The charges and circumstances
surrounding the charge and its findings shall be greatly
stated.
C. In cases where discipline has been imposed by the Chief of
Police based on a Commission decision there shall be no
additional or subsequent investigation imposed on the
subject employee for the same incident.
Rule 6-2 Powers, Duties and Responsibilities of the Chief of Police.
In accordance with the laws of the State of Hawaii and Charter of the County of
Kaua'i, the Chief of Police shall:
a. Act as administrative head of the department.
b. Appoint the necessary staff for the department for which appropriations have
been made.
c. Supervise, manage and control all employees and officers of the department.
d. Discipline or remove any officer or employee of the Department pursuant to
all applicable laws.
e. Assign and reassign the duties of any officer or employee of the department.
f. Make all personnel actions concerning officers or employees of the
department as provided by law.
g. Train, equip, maintain and supervise the officers and employees of the
department.
h. Preserve the public peace, prevent crime, detect and arrest offenders, protect
personal property rights and enforce and prevent violations of law.
i. Serve process in both civil and criminal proceedings.
Page 14 of 22
j. Make annual reports to the Commission as to the state of affairs and condition
of the department as well as such other reports as the Commission shall
request, within its authority.
k. Exercise such other powers or duties as may be provided by law, contained
within the Charter of the County of Kaua'i or assigned by the Commission.
1. Adopt rules and regulations necessary to implement the powers, duties and
responsibilities of the Chief of Police set forth in Rule 6-2.
Rule 6-3 Collective Bargaining Agreements. All of the powers, duties and responsibilities
of the Police Commission and the Chief of Police enumerated in these rules shall
be subject to and in conformity with any collective bargaining agreements
existing between the officers or employees of the department and/or the County of
Kaua'i.
RULE 7
RULES OF PRACTICE,HEARINGS
Rule 7-1 Informal Hearing. The Commission may, in its discretion, on its own motion, or
upon petition filed with the Commission at least fifteen 15 days prior to the date
of the regular meeting hold an informal hearing on matters within its jurisdiction.
The petition need not be in any form but shall, where applicable, include:
a. Nature of the petitioner's interest and the reasons for requesting an informal
petition.
b. A complete statement of the relevant facts.
c. Position or contention of the petitioner.
d. Name, address and telephone number of petitioner.
In an informal hearing the Commission shall determine the manner and procedure
in which the hearing shall be conducted.
Rule 7-2 Contested Case Hearing. A formal hearing shall be conducted upon motion by
the Commission in accordance with Hawaii Revised Statutes, Chapter 91.
Persons aggrieved by actions of the Commission, may petition for a formal
hearing before the Commission.
Rule 7-3 Petition. The petition shall be filed with the Chairman of the Commission and
shall consist of:
Page 15 of 22
F
Charles Iona Members:
Chairman Thomas M. lannucci
Alfredo Nebre Jr.
Ernest Kanekoa Jr. OF James O'Connor
Vice Chair Bradley Chiba
Randall Francisco
KAUAI POLICE COMMISSION COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
Uhu'e, HI 96766
November 4, 2011
PUBLIC ANNOUNCEMENT for KPC 2011-22
The Complainant alleged that two Police Officers, and a Child Protection Service
worker, removed two juveniles without probable cause, without a warrant, court order or
Imminent harm.
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 concludes the Commission's review of complaint KPC 2011- 22.
Charles Iona.
Chairman, Kauai Police Commission
KPC 2011-36
Charles Iona Members:
Chairman n, 1 Thomas M. lannucci
Alfredo Nebre Jr.
Ernest Kanekoa Jr. OF James O'Connor
Vice Chair Bradley Chiba
Randall Francisco
KAUA'I POLICE COMMISSION COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
Uhu'e, HI 96766
November 4, 2011
PUBLIC ANNOUNCEMENT for KPC 2011-23
The Complainant alleged that he was harassed by an unknown officer for no reason.
The officer told him to leave the city park and not to go to the parking lot of the bowling
alley.
Based on the information received, the Commission found that there was
insufficient evidence to prove the complainant's allegation 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- 23.
Charles Iona.
Chairman, Kaua'i Police Commission
Charles Iona Members:
Chairman Thomas M. lannucci
Alfredo Nebre Jr.
Ernest Kanckoa Jr. 0i James O'Connor
Vice Chair Bradley Chiba
Randall Francisco
KAUAI POLICE COMMISSION COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
L-ihu'e, HI 96766
November 4, 2011
PUBLIC ANNOUNCEMENT for KPC 2011-24
The complainant alleged that an unknown police officer falsely accused him of pan-
handling and demanded that he leave the parking lot of the bowling alley.
Based on the information received, the Commission found that there was
insufficient evidence to prove the complainant's allegation 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- 24.
Charles Iona.
Chairman, Kauai Police Commission
or
Charles Iona Members:
Chairman Thomas M. lannucci
Alfredo Nebre Jr.
Ernest Kanekoa Jr. OF James O'Connor
Vice Chair Bradley Chiba
Randall Francisco
KAUA'I POLICE COMMISSION COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
I-Thu'e, HI 96766
November 4, 2011
PUBLIC ANNOUNCEMENT for KPC 2011-25
The Complainant alleged that a Officer of the Kaua'i Police Department wanted to pay
for a plane ticket for him to leave the island.
Based on the information received, the Commission found that there was
insufficient evidence to prove the complainant's allegation 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- 25.
Charles Iona.
Chairman, Kaua'i Police Commission