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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 J 4 CJO lad Vj 45 ci i 4_1 vo Vii C,4 > ct O cn cl, Ln sn. ct tO th �= cz: ci cr tb Rj 40 1.0 C4 cn 7:1 I 1c) a ct , *C4 cn V tt ct C�3 -a 4 to C3 0 ct Ct Q3 Q c tL tn Ln th — C-1 > U on LO ct Ln al 0 VI ct �? ct nb up C) 5i#ri 7- ct ct 4 { I � 7 ( � t t y f 3� t j I o .� �ct c ct • t ~5 c cr ; s III j= � � '� �, •� � � � �, � � � -�. ° 1A ` � . tr ti `a i En 0 d ^�'" ""t +fir v rn vi 'Cf; i i� ice•+ ,,,'"+ � � ,�" � f"" '� � � �`i � S•.+ .�-'- '+'} -''" !Pj �-+?�. t�.'.-e � �-+..+ i�.J L.% v Fes-'.+ � 1 'j C4� i1 C i G 40 Ct ct ct ct > rn 7z Cl C�) CL 01 tt — :z — i -,z 7z to -75 •I-�� C, > ct I*.= u C', 1.2 .2 .1.2 j 4 tb Cj th tp 77L E5 E ci ice' i j 3 6 75 u F1 cl, U tt tfj ci IIJ tr cj ct C) ct 4.1 CL� ct IS, cl, CJ Zn Ln Ln cl, IS, tr F4 cr, to I. ct 3 � t E i t 2 F � i f i ( i k i ! s � p j t I t t ff f � t CIA G `U N w 4 J cti III +�+ L^,i cf.' r2, ++ Cv - Q j . al O i n :z qj n j sc tju Coo Ln N C) }' � L — ct Ln al to 't � ° I ct cl Ln do I`� � Q � �� �' � � � 3 ;� � �' � o � �.,• `� � � I 3�€ $" +�+ ^ f��v"� •ice k'.��' t!� !`. .*�"-1 �r7y ice+ '� „j •�-+ 4-+ �' � {� � �* 3 i It J c ct ct Jtv) �/1 rn u v:. G= n+. ^.+ cC '•, c to r FZj I I o I to to t o � S S oh o v7� a' c v >_ _> tb I � ct tn I cn a a v ° a ^� ci o o ; t6 cr cv y a c N tn tn v 7t cP C1 wry y ,4— ,4— c � � E E all IryryC cl- ct QQ cz: IT! Z4 VJ cn! It 21-1 Imo' G cr- cri It C-4 t4 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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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. to CD "T m co (D co c C'j cti E to E m V) �9 C� c-; m C) Cl) 0 or m 00 0 0 t'*') 01 0 C, cyi V) cli w 00 r- m (D Cl) V) 0 co C'4 CN 00 CY) C,> m co -C ui co w .E 00 0 UJ m C:) UJ C-4 ENI U') re U') I rg 0 Cl) a) (D (14 6 0 0) c — a o m U) -Ile CL m U) r) U) W z 0) uj z (0 CL 'FD (0 t-- co m ui C-4 to uj -za M m LO U- cl� LL c 17 <Y� co m 0 m rY C6 LL cry a> s co 0* U') z 0 C> N 04 rL ul (t) c; LLI C) w Li (D N (D (D cts z Z z< < (D Z CL -0 E M 2 It It LO F�- fti o r Ct> r 0 (D cV � a; oLO - 2 W Q M ItT t- to 0 2 "T r C\l 00 (1) r V-� 0 ry ca Lo Nr O r�- CD 0 cl) r- 00— Itt m (N ice- — Cl) E C14 c< li 1 19 M C'q 0 Uco� to -.,o 4) C14 co It 00 C14 V) 0 _G F 0 0 - 0 V- ca ol 0 LO :3 co Lc? 0) r- co o a, C 00 0 c) CD m m LLJ - M C) N LO C14 w -j 0 Lri LL -a-u r-� 6 L6 06 LL N LO 0 tl- m r- 0: 0 0 >7 Q = �o cv LO w to tt5 w a) U.) 4 v- Lo 0 0 < -t�0 CJ W to U- 0 15; ID to m Z� An = CL 0 F- z uj ri: F- 't C-4 olz Cl) tr) W ui � CII (D Cl) It LL Cl) 04 r- C%4 It <1 C7 r- 04 fl- to t- o U) < a> m 0 c 0 LLJ co u uj u C:, LU ur cv C'4 z Z C> 0 CL -tf U -Ln 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. Lit 0 r" - .,o tl 6 Oo -.0 � e Lf) C14 C, m (D CN co 10 CD C\1 LU 00 6 U*) (-) 1.0 Ln M M z C) 00 — CD 001 C; cl� tl 4 LO(0� 06 L6 C, 0 Oo 0 - C14 ul co Go 0) 00 U) m (D LO LU M co (D (D 0) C) Gi 06 Y c) oi N z w C) 0 CO 0 C) < F- *I�t 't O(Z (::� Cl� ry < co Cl) d r (0 (D co 00 m 0 ca D z w U) M r C7 00 tD co LU 0 co tl- Il- (o 0 co z C,4 N co n O 0 0 C) CD 1? 9 q C� C? C (D 04 00 CO co CD ui Cam*'} 00 Q It �o N CC) "': (Q oc� IQ CO (D 00 (0 (C) co D C'! LQ r) 00 Ld z <C z LLI co m D p U- Lij co < < CD Lli 14 c LU 0 :E z U- w w C\1 4) ry 0 0 0 > W E > E 0 co M L 0 0 0 U Uj U- (D CL E a) ui > cn Q) -S a- n 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 N co co 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