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HomeMy WebLinkAbout121611_OPEN_SESSION_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I December 16, 2011 Location Mo'ikeha Building, Meeting Room 2 A/B Start of Meeting: 9:00 a.m. I End of Meeting: 11:25 a.m. Present Chair Charles Iona; Vice-Chair Ernest Kanekoa, Jr.; Members: Thomas M. Iannucci, Alfredo Nebre, Jr., James O'Connor, Bradley Chiba, and Randall Francisco. Also Darryl Perry, Chief of Police; Assistant Chiefs: Roy Asher, Mark Begley; Captains: Michael Contrades, Sherwin Kaleo Perez and Henry Barriga; Sergeant Kenneth Cummings; Lieutenant Richard Rosa; Officers Darla Abbatiello, Anthony Abalos, and Colin Nesbitt. Eric Honma, Director of Liquor Control; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff: Administrative Aide Paula Morikami; and Support Clerk Mercedes Youn. Excused Absent SUBJECT DISCUSSION ACTION Call To Order With a quorum being present, Chair Iona called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of November 18, 2011. Mr. Iannucci moved to approve the minutes as Minutes circulated; Mr. Nebre seconded the motion. Motion carried 7:0 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 December: Lieutenant Richard Rosa Police Chief Darryl Perry, along with the Police Commission, recognized Officer of the Month Lt. Richard Rosa, commander of the Waimea District. During the month of November the Waimea District has issued a total of 1064 citations. Since receiving command of this district in September 2010, the district has seen drastic improvement in enforcement efforts, community participation, arrests, and quality investigations. Because of Lt. Rosa's commitment to traffic safety and leadership the Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 2 SUBJECT DISCUSSION ACTION Waimea District is doing an outstanding job in all facets of law enforcement. Lieutenant Rosa was recognized by Captain Michael Contrades. Drug Enforcement Star Medal Nominations: Officers Anthony Abalos and Colin Nesbit. Officer Colin Nesbitt has been an Officer of the Kaua'i Police Department since September 2006. After graduating from the police academy, he was assigned to the Patrol Services Bureau in Waimea 2007. From 2007 to April 2011, Officer Nesbitt has initiated a total of 17 search warrants and of the aforementioned search warrants, 10 resulted in the seizure of drugs and drug paraphernalia which led to 9 indictments and 66 arrests. Officer Anthony Abalos has been an Officer of the Kaua'i Police Department since February of 2009. A graduate from the police academy, he was assigned to the Patrol Services Bureau in Waimea in 2010. Between February 2010 and June 2011, Officer Abalos initiated a total of 11 search warrants that resulted in the seizure of drugs and drug paraphernalia what led to 6 indictments and 87 arrests. Chief Darryl Perry awarded the Drug Enforcement Star Medal to Officers Abalos and Nesbitt for their exemplary service in the fight against drugs on Kaua'i. This is the department's highest award that is given to officers who distinguish themselves above and beyond their normal demands of duty. The Commission congratulated all three awardees for a job well done in keeping the community safe. Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 3 SUBJECT DISCUSSION ACTION Commendation There were 3 letters of commendations presented to the following officers: Report Assistant Chief Alejandre Quibilan; Captain Michael Contrades; Acting Lieutenant Ezra Kanoho; Officers Nelson Gabriel, Christopher Calio, Shawn Hanna, Darin Imata, Aaron Relacion, Alan Santella, Scott Williamson, and Shelly Rodrigues. Presentations • Eric Honma, Director of Department of Liquor Control, provided an overview of how liquor is sold here on Kaua'i and some of the problems they are facing. • Officer Darla Abbatiello provided a recap of the Kaua'i Police Explorer Post 2094 Promotion and Awards ceremony that was held on November 29, 2011 at Kaua'i Community College. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports Mr. O'Connor asked about the status of the recruitment process. He noted that the target date for hire of the 82nd Police Services Officer recruit class is April 16, 2012. Chief Perry stated that so far, the department is on track and if everything goes well, the department is looking at 15 to 20 new recruits which would significantly fill the vacancies. Chief Perry credits Assistant Chief Mark Begley for his hard work and diligence in getting new people. 2. Fiscal Report for October 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 Li-hu'e and Waimea 7. Chief's Announcements and Pertinent updates • A meeting was held on December 2, 2011, at the Kaua'i Community College to discuss the higher education incentive Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 4 SUBJECT DISCUSSION ACTION program for the police department's employees. Still in its infancy stage, the program's purpose is to provide the employees with an opportunity to seek career advancement and obtain a degree in higher education. • Chief Perry announced the retirement of Sergeants Eric Kaui, Carl Oliver, and Lieutenant Mark Scribner with 25 years of service each. All three officers will retire at the close of business on December 30, 2011. • Lastly, Chief Perry proudly announced the appointment of Captain Michael Contrades to the position of Deputy Chief of Police effective on December 18, 2011. Communications KPC 2011-37 Communication dated 11/10/11, 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 relating to complaint KPC 2011-22. 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. (Deferred on 11/18/11) a. Communication dated 11/18/11 from Chair Iona and Members of the Police Commission, requesting for the County Attorney to draft language to amend the Rules of the Kaua'i Police Commission on Administrative Practice and Procedure by defining "officially received" in Rule 6-1 The Commission acknowledged the receipt of Subsections g, 3f to be the date the Police Commission receives a the communication. complaint at its meeting. b. Confidential opinion dated 11/15/11 from Deputy County Attorney Jennifer Winn regarding amendments to the Kaua'i Police Commission Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 5 SUBJECT DISCUSSION ACTION Rules on Administrative Practice and Procedure by defining "Officially received" in Rule 6-1 Subsections g, 3f. Deputy County Attorney Winn pointed out that because the item is listed in open session, the Commission would need a motion to discuss the agenda item in executive session. Chair Iona confirmed that the Commission had some questions for counsel that pertain to the item and therefore wished to discuss the matter in executive session. Ms. Winn advised the Commission to defer the item to the end of open session and then make a motion to hold in executive session after she cites the Hawai'i Revised Statutes. Ms. Winn then advised the Commission that they would need to return back into open session to continue its discussion. KPC 2011-35 Discussion on the Kaua'i Police Department's Goals and Objectives for 2012. (Ongoing) Chief Perry informed the Commission that he has just received a list of goals from his Assistant Chiefs and is in the process of reviewing the list. After he selects the department's goals, he will forward the list to the Police Commission. Business KPC 2011-38 Police Commission Meeting Schedule for 2012. Mr. O'Connor moved to adopt the schedule as presented. Mr. Nebre seconded the motion. Motion carried 7:0 KPC 2011-39 Election of Chair and Vice-Chair for 2012. Mr. Iannucci nominated Commissioner Ernest Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 6 SUBJECT DISCUSSION ACTION Kanekoa, Jr., to be the new Police Commission Chair. The nomination was seconded by Mr. O'Connor. Motion carried 7:0 Mr. Nebre nominated Commissioner James O'Connor to be the new Vice-Chair. The nomination was seconded by Mr. Iannucci. Motion carried 7:0 KPC 2011-40 Invoice No. 0000033 from Fujiuchi Investigations, Inc. in Mr. O'Connor moved to approve the invoice. the amount of$703.08 for investigative services relating to Kaua'i Police Mr. Iannucci seconded. Commission notarized complaint KPC 2011-21. Motion carried 7:0 KPC 2011-41 Public announcements for the following 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 2011-21: The complainant alleged that a Police Officer used excessive force in his attempt to detain her son. The Commission after careful review and consideration found that there was insufficient evidence to sustain the complaint 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 2011-21. • KPC 2011-26: The complainant alleged that an unknown Police Officer ran them out of the county park. 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 Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 7 SUBJECT DISCUSSION ACTION investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2011-26. • KPC 2011-27: The complainant alleged that a Police Officer took a picture of her child sitting in a car seat without her consent. Based on the information received, the Commission found that there was insufficient evidence to find that the officer's actions were inappropriate. Therefore, the Commission did not sustain the complaint 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 2011-27. • KPC 2011-28: The complainant alleged that he witnessed a Police Officer talking on a cell phone while he was driving. He is breaking the same law that he is supposed to enforce. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint 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 2011-28. Announcements Next Meeting—January 27, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B. Executive Session to follow. Mr. Iannucci announced that today is his last Police Commission meeting and although it is hard for him to leave, he leaves with great confidence knowing that Police Department is moving in a positive direction. He thanked and reminded his fellow Commissioners not to let go of the outside training conferences that the Commission is privileged to have. He thanked Chief Darryl Perry and the men and women of the Police Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 8 SUBJECT DISCUSSION ACTION Department and also expressed his appreciation to John Isobe and his Staff at the Office of Boards and Commission for the training they provided for the Commissioners. Mr. Kanekoa thanked Mr. Iannucci for his help during his tenure as Vice- Chair of the Police Commission. Chair Iona thanked his fellow Police Commissioners and the Kaua'i Police Department for their support during his tenure as Chair of the Police Commission. He expressed his gratitude to the people of Kaua'i for supporting the Police Department and the Police Commission. Executive At 10:20 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, §§§92-4, 92-5 (a) (4), 92-9 (a) (1- 4), 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-48: Executive Session minutes of November 18, 2011. Pursuant to Hawaii 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 ma relate to this item and to deliberate and take such action as Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 9 SUBJECT DISCUSSION ACTION appropriate: ES-49: KPC 2011-29 Complaint filed on 11/08/11, against an Officer of the County alleging dereliction of duty by failing to render assistance during an altercation with a neighbor. ES-50: KPC 2011-30 Complaint filed on 11/18/11, against an Officer of the County alleging that his constitutional rights were violated pursuant to the 14th Amendment which prohibits state and local government from depriving a person's right to due process to ensure fairness. Before moving forward, Chair Iona called upon Deputy County Attorney Winn to say a few words. Ms. Winn stated that based on what she heard in open session regarding KPC 2011-34, it was her understanding that the Commission had legal questions for her regarding agenda item KPC 2011-34 and would like to go into executive session. Ms. Winn stated it was permitted because it was unanticipated and according to H.R.S. §92-5 (a) (4)that the Commission may go into executive session when deemed necessary to consult with the Commission's legal counsel on issues pertaining to the Commission's powers, duties, privileges, immunities, and or liabilities as they may relate to item KPC 2011-34. Chair Iona called for the motion to enter into executive session. At 10:23 a.m. Mr. Iannucci moved to enter into Executive Session. Mr. Nebre seconded the motion. Motion carried 7:0 Kaua'i Police Commission Regular Meeting - Open Session December 16, 2011 Page 10 SUBJECT DISCUSSION ACTION Return to Open The meeting resumed in Open Session at 11:25 Session a.m. A motion was made by Mr. O'Connor to defer item KPC 2011-34. Mr. Iannucci seconded the motion. Motion carried 7:0 Ratify the actions taken in Executive Session for items ES-48—ES-50. Mr. Kanekoa moved to ratify the actions taken in Executive Session for items ES-48 through ES- 50. Mr. Iannucci seconded the motion. Motion carried 7:0. Adjournment At 11:25 a.m. Mr. Iannucci moved to adjourn the meeting. Mr. Nebre seconded the motion. Motion carried 7:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa, Jr, Chairman (X) Approved as circulated. (Approved on 01/27/12) ( ) Approved as amended. See minutes of meeting.