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HomeMy WebLinkAbout111811_OPEN_SESSION_DRAFT _2_APRROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I November 18, 2011 Location Mo'ikeha Building, Meeting Room 2 A/B Start of Meeting: 9:00 a.m. I End of Meeting: 10:55 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa, Jr.; Members: Thomas M. Iannucci, Alfredo Nebre, Jr., James O'Connor, and Bradley Chiba. Also Darryl Perry, Chief of Police; Assistant Chief. Alejandre Quibilan; Captains: Sherwin Kaleo Perez and Henry Barriga; Detective James Miller; Officer Chad Cataluna; Deputy County Attorneys Justin Kollar, and Jennifer Winn; Board& Commissions Office Staff- Administrative Aide Paula Morikami; and Support Clerk Mercedes Youn. Excused Commissioner Randall Francisco Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:04 a.m. with 6 members present. Approval of Regular Open Session Minutes of October 28, 2011. Mr. Kanekoa moved to approve the minutes as Minutes circulated; Mr. O'Connor seconded the motion. Motion carried 6:0 Chair Iona asked if there were any members in the audience who wished to give testimony on the agenda items. No testimony was given. Recognition Officer of the month for November: Detective James Miller Detective Miller was nominated by Lieutenant Dan Fort for being instrumental in solving a crime of the theft of an automated teller machine (ATM) that was reported stolen on the morning of September 26, 2011 from the Anchor Cove Shopping Center in Nawiliwili. After thorough investigative work, Detective Miller with the assistance from other Investigative Service Bureau Officers captured the suspects. Detective Miller was presented with a Certificate of Outstanding and Exemplary Service from Chief of Police Darryl Perry. Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 2 SUBJECT DISCUSSION ACTION On behalf of the Police Commission, Chair Iona expressed appreciation and heartfelt thanks to Detective James Miller for his outstanding service to the community. Commendation There were 3 letters of commendations presented to the following Report employee and officers. • Officers: Jason Overmyer, Christian Jenkins, and Norberto Garcia Presentations Officer Chad Cataluna gave a power point presentation on his attendance at the recent"safeTALK"training that was sponsored by the Prevent Suicide Task Force. http://preventsuicidekauai.oM Mr. Iannucci asked how many members are there on the Prevent Suicide Kaua'i Task Force and how often does the Task Force meet. Officer Cataluna stated that the task force is made up of nine community members and they meet once a month to work on strategies and giving community presentations. The Task Force has counterparts on the other islands. Mr. lannucci asked whether the department incorporates the training with its officers because they are the ones who have to respond to these situations. Chief Perry said yes. Mr. Chiba asked whether the Prevent Suicide Kaua'i Task Force program is similar to the Department of Health 24 hour suicide hotline. Officer Cataluna stated that Life Bridges are the ones that responds when the need arise. The Task Force is reaching out to the Mayor's office with plans to do some type of training with all department heads. Mr. Kanekoa asked how you can identify a person who has thoughts of suicide. Officer Cataluna said that a person may show signs of deep sadness, loss of interest, trouble sleeping and eating. Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 3 SUBJECT DISCUSSION ACTION Mr. O'Connor asked whether the Task Force is geared towards early recognition and not someone who is at that point of no return. Officer Cataluna stated that the Task Force is focused more on suicide prevention. Chair Iona stated that because suicide can affect people in all walks of life, he felt that it was important to bring awareness to the issue and to let the public know that there are resources out there to help them. Chair Iona thanked Officer Cataluna fora great presentation. Deputy County Attorney Justin Kollar provided information on Traffic Related Fatalities relating to Alcohol and Drugs, from 2005 to present. Between 2005 and 2009, in the State of Hawai'i, there were 411 drivers involved in fatal car crashes. Of those, 42%tested positive for alcohol and 20%tested positive for drugs. 51% of the drivers involved tested positive for alcohol or drugs. This includes not only the drivers who died or were at fault, but all drivers who were involved in the crashes and were tested. The most commonly occurring drugs were stimulants methamphetamine, amphetamine and cocaine. The peak age of alcohol use among drivers is 21 to 24 years of ages. Underage drinking, unfortunately, is still highly prevalent in Hawai'i, as nearly half of those drivers tested positive for alcohol. Although the data for 2010 and 2011 has not been fully complied, the percentage of alcohol related crashes in 2010 was consistent with prior years, 46 of the 113 total fatalities. In 2010, the Kaua'i Police Department conducted 50 sobriety checkpoints, and made more than 200 driving under the influence of alcohol (DUI) arrests. Kaua'i has some of the worst numbers in our State. Chair Iona questioned whether there is more being done to introduce new laws to the Legislature. Mr. Kollar stated that the Legislature has changed some parts of the DUI laws and in recent years there has been an increased penalty for being highly intoxicated driver if your blood alcohol count BAC is over 1.5. Currently, they have the Ignition Interlock Legislation. Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 4 SUBJECT DISCUSSION ACTION Otherwise the laws have not changed that much over the last 20 years. The DUI cases that are in the courts are hard to prove and the arrests require a tremendous amount of paper work that can be very cumbersome for the police department. These are some areas that he had hoped that the Legislature would address at some point. Mr. Chiba questioned the progress of the new Ignition Interlock Law. Mr. Kollar stated that in his previous presentation to the Police Commission on the Interlock Law,there are about 100 installed in vehicles in the County. Because Hawai'i is one of the last 4 states to have the Interlock Law in place, it would take some time to provide the statistics. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports 2. Fiscal Report for September 2011 3. Investigative Services Bureau 4. Patrol Services Bureau& Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports for Lihu'e, Hanalei and Waimea 7. Chief's Announcements and Pertinent updates Mr. O'Connor asked why there was such a significant increase in the Crime Trends and Traffic Offenses for certain districts. Chief Perry said that one of the reasons for the spike is because in certain situations when an officer makes an arrest of an individual, that person may have committed a number of crimes. For each crime committed by the individual, a separate report is filed. Mr. Iannucci made a request for a more detailed report that would show the type of crimes committed by district. Chief Perry stated that he would ut a re ort together in time for next meeting. Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 5 SUBJECT DISCUSSION ACTION Chief's Announcements • Implementation of a Citizens Police Academy • The following are services and information that are available on the Kaua'i Police Department website: • Report Suspicious Activity Form • Request for services Form • Business Registration Form • Traffic Enforcement Report Communications KPC 2011-33 Communication dated 10/19/11, from Chief of Police Darryl Perry, to Chair Iona and Members of the Police Commission, concurring with the findings of the Police Commission that there was insufficient evidence to prove the allegations for the following complaints: • KPC 2011-18 • KPC 2011-19 • KPC 2011-20 The Commission acknowledged the receipt of the communication. Business KPC 2011-34 Discussion on revising Rule 6, subsection(3) (f), of the Rules of the Kaua'i County Police Commission, Rules on Administrative Practice and Procedure, relating to Investigation of Charge. Mr. Iannucci felt that the language in Rule 6 is fine the way it stands, and he does not recall a situation where there was a problem with the investigator not being able to complete his investigation on time. The way Rule 6 is written gives the investigator ample time to conduct the investigation. Ms. Winn pointed out that the way the rule currently reads is the Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 6 SUBJECT DISCUSSION ACTION investigator shall submit the report within sixty (60) days of the date the charges were officially received. According to the Police Commission rules the word"officially received"means that day the complaint is filed at the Office of Boards and Commissions, and not the date the investigator receives the request for an investigation. Chair Iona pointed out that the clock starts on the day the complaint is filed with the Office of Boards and Commission and time may pass before the Commission actually receives the complaint for review. He felt that the Commission needs to amend the language to Rule 6-1, subsections (g) (3) that clarifies that the investigator has sixty(60) days to submit a report from the time he receives the request and charges from the Commission. Mr. Iannucci said that a complaint should be deemed official when the Commission receives the complaint for review, and not the date when the complaint is filed. Ms. Winn explained that Rule 6-1 subsections (g) (1) refer to Filing of Charges, and subsection(d) states when the charges shall be officially received when all requirements have been met. Mr. Iannucci said that section(d) might be the section that the Commission needs to amend. Ms. Winn said that is the Commission prerogative. Chair Iona felt that the Commission should first vote on whether they want a rule change and then work on the proposed language for the amendment. Ms. Winn said that she would provide the language and address the rule making process; she just needs clear guidance from the Commission on what it wants. Chair Iona called for the motion. Mr. Iannucci moved that the Police Commission defer KPC 2011-34 to the December meeting Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 7 SUBJECT DISCUSSION ACTION and request that Ms. Winn draft the appropriate language to Rule 6-1 Subsections g. 1. d and g.3.f. Mr. Nebre seconded the motion. Motion carried 6:0 KPC 2011-35 Discussion on the Kauai Police Department's Goals and Objectives for 2012. Chief Perry said one goal that the department is working on is the Citizens Police Academy. As his tenure as a Police Commission draws to an end, Mr. Iannucci suggested that the Commission come up with what it believes would be appropriate goals and objectives for the department and present it to the Chief for consideration. Chair Iona asked Chief Perry if he had other goals and objectives. Chief Perry said that he is still working on the department's goals and objectives. KPC 2011-36 Public announcements for Kaua'i Police Commission notarized complaints that were filed against Officers of the Kaua'i Police Department. Chair Iona read the public announcements for the record. • 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 Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 8 SUBJECT DISCUSSION ACTION officially concluded the Commission's review of complaint KPC 2011-22. • KPC 2011-23: The complainant alleged that he was harassed by an unknown Police Officer for no reason. The Officer told him to leave the county 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 allegations and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-23. • 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 insufficient evidence to prove the complainant's allegations and forwarded the complaint to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-24. • KPC 2011-25: The complainant alleged that a Police Officer wanted to pay for a plane ticket for him to leave the island. Based on the information received, the Commission found 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 concluded the Commission's review of complaint KPC 2011-25. Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 9 SUBJECT DISCUSSION ACTION Announcement Next Meeting—December 16, 2011 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B. Executive Session to follow. Executive At 10:05 a.m. Mr. Kanekoa cited the Hawai'i Revised Statutes to bring the Session meeting into Executive Session. Pursuant to the Hawai'i Revised Statues, §92-9 (a) (b), the purpose of this Executive Session is to receive and approve the Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item and to deliberate and take such action as appropriate: ES-44: Executive Session minutes of October 28, 2011. Pursuant to Hawai'i Revised Statutes, §92-4 and §92-5 (a) (2) and(4), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or officer of the County relating to a complaint filed against the employee or officer and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item and to deliberate and take such action as appropriate: ES-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 10/27/11, alleging that an Officer of the County was discourteous. ES-46: KPC 2011-27 Complaint filed on 10/31/11, alleging that an Officer Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 10 SUBJECT DISCUSSION ACTION of the County conduct was unbecoming. ES-47: KPC 2011-28 Complaint filed on 10/06/11, alleging that an Officer of the County conduct was unbecoming. Chair Iona called for the motion to enter into Executive Session. At 10:06 a.m. Mr. Iannucci moved to enter into Executive Session. Mr. Nebre seconded the motion. Motion carried 6:0. Return to Open Ratify the actions taken in Executive Session for items ES-34 and ES- 45 The meeting resumed in Open Session at 10:55 Session through ES-47. a.m. a.m. Mr. O'Connor moved to ratify the actions taken in Executive Session for items ES- 34 and ES-45 through ES-47. Mr. Kanekoa seconded the motion. Motion carried 6:0. Adjournment Mr. Chiba moved to adjourn the meeting at 11:06 a.m. Mr. Nebre seconded the motion. Motion carried 6:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles Iona, Chairman Kaua'i Police Commission Regular Meeting - Open Session November 18, 2011 Page 11 (X) Approved as circulated. On 12/16/11 ( ) Approved as amended. See minutes of meeting.