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HomeMy WebLinkAbout012712_OPEN SESSION_APPROVEDT_bd COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: POLICE COMMISSION Meeting Date I January 27, 2012 Location Mo'ikeha Building, Meeting Room 2A/213 Start of Meeting: 9:02 a.m. End of Meeting: 12:55 p.m. Present Chair Ernest Kanekoa Jr.; Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre Jr., Bradley Chiba, Randall Francisco, and Donald Okami Sr. Also Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Chief of Police Darryl Perry; Assistant Chiefs Roy Asher, Mark Begley; Captain Sherwin Kaleo Perez; Administrative Lieutenant Jon Takamura. Excused Absent SUBJECT DISCUSSION ACTION County Clerk Ricky Watanabe administered the Oath of Office to Donald Okami Sr. prior to the meeting being called to order. Call To Order Chair Kanekoa called the meeting to order at 9:02 a.m. Mr. Okami was welcomed as the newest member to the Commission. Approval of Regular Open Session Minutes of December 16, 2011 Mr. Iona moved to approve the minutes as Minutes circulated. Mr. Nebre seconded the motion. Motion carried 7:0 Recognition & Employee of the month for January: Officer Christopher Calio Commendation Report Police Chief Perry informed the Commission that Officer Calio is in a specialized unit and that he would not be attending the meeting. Chief Perry noted that the department would be doing an internal commendation at a later time. Officer Calio has been with the Kauai Police Department for over ten years. He is also an analyst with the department and some of his duties and responsibilities are to keep the department abreast as to current situations worldwide and locally. Chief s Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports 2. Fiscal Report 3. Investigative Services Bureau Kaua'i Police Commission Open Session January 27, 2012 Page 2 SUBJECT DISCUSSION ACTION 4. Patrol Services & Traffic Reports 5. Community Oriented Policing Report—Traffic Safety Unit 6. Community Oriented Policing Report District Reports for Lihu'e, Hanalei, and Waimea 7. Personnel Orders: KPD 2011-13 and KPD 2011-14 8. Chief's Announcements and Pertinent Updates Mr. Francisco asked about the training and what is the process in terms of when an individual is interested in some kind of training. Assistant Chief Begley explained that all of the trainings are posted to give the officers the opportunity to apply to attend the trainings and that once their application is received it goes up their chain of command. The chain of command makes recommendations on the requests to attend the training and then the administration makes the final selection based on the recommendations, assignment, and schedule of the officer. Mr. Iona asked if the training for the officers is done annually as a refresher to make sure that the officers are up to par with the requirements. Assistant Chief Begley stated that it is the department's goal to have in-service training similar to the Honolulu Police Department. Unfortunately, the Kaua'i Police Department does not have the staffing to do it the same way as Honolulu does. There are various types of training that the officers are required to get every year, depending on the type of training and certification. Mr. Okami questioned whether the $45,000 for investigative services overtime for the month of December is average. Chief Perry stated that the department is currently dealing with staffing issues and that the circumstances surrounding each case dictates Kaua'i Police Commission Open Session January 27, 2012 Page 3 SUBJECT DISCUSSION ACTION whether or not the officers have to work overtime, for example, if the department has a homicide, or has a call-out. Assistant Chief Asher stated that the overtime is also driven by the events that happen within the month. Mr. Okami stated that he realizes that any type of overtime is an unbudgeted expense and that the overtime can fluctuate month-to-month depending on the type of cases the department receives. He added that the department may be looking at huge figures at the end of the year. Mr. Okami then asked whether the department has an audit system in place to justify the overtime. Assistant Chief Asher explained that a recap is done following every pay period which is submitted to the Chief for his review. Chief Perry explained that an audit is also done based on the particular shifts and schedules that require more overtime. In addition, the department is trying to explore ways to reduce the overtime costs. On behalf of the business community, Mr. Francisco thanked the department for stepping up its efforts and for being aligned with the business community to ensure that a reasonable amount of time and efficiency is being used in responding to criminal activities. He also commended the Police Department for their professionalism and responsiveness during the December 2 incident in Waimea which involved a shooting. Mr. Iona stated that over the past years, the question has come up regarding overtime. In regards to Mr. Okami's question on overtime, Mr. Iona felt that Commission found that any time there is an influx or increase in certain crime areas the department has always stepped up and gone to those areas. Kaua'i Police Commission Open Session January 27, 2012 Page 4 SUBJECT DISCUSSION ACTION Mr. Okami stated that whenever you need to seek out more funds in order to get more equipment, manpower, or to start new programs, one thing that you will need to look at is the overtime. If you have a process in place that evaluates and analyzes the cost, it becomes easy to justify. Chief Perry pointed out that the budget summary report showed that the encumbrance is at 33%which is below its budget. Mr. Nebre questioned the status of the purchase of the new evidence vehicle. Assistant Chief Begley explained that the Police Department received approval from the County Council to proceed with the purchase. He further explained that because it is such a large purchase, the process will take a significant amount of time because the department would have to go through the Purchasing Department. Assistant Chief Begley thanked the Commission for their support. Chief Perry stated that in addition to having a new evidence vehicle, the Police Department is looking at next year's budget that would include asking the administration for two IT Technical Specialists. He explained that currently one lieutenant is tasked in doing the evidence collection and he felt that it would be best for the department to have two civilian-trained IT Technicians to do the job because the officer may be transferred to another department and you end up losing the expertise. By having a civilian staff, they would not have to be transferred. Chief Perry announced that at a recent County Council meeting, he and Assistant Chief Alejandre Quibilan addressed the Council on fireworks statistics and the problems that the department faced during this past New Year's holiday. The department received 49 complaints of which two citations were issued, compared to last ear's 41 complaints and one citation issued. Chief Perry added Kaua'i Police Commission Open Session January 27, 2012 Page 5 SUBJECT DISCUSSION ACTION that in the past four years there was a total of 1704 complaint of which 177 were related to fireworks. He reminded the public that although fireworks are important to the department, there are other areas that the department takes very seriously which are persons who are under the influence. Communications KPC 2012-01 Communication dated 12/02/11 from Chief of Police to Chair Iona and Commission Members concurring with the Police Commission's findings that there were insufficient evidence to prove the allegations for the following complaints: KPC 2011-21, KPC 2011-26, The Commission acknowledged the receipt of KPC 2011-27, and KPC 2011-28. the communication. Business KPC 2011-34 Discussion on revising Rule 6, subsection 3f. Of the Kaua'i Police Commission Rules of Administrative Practice and Procedure, relating to Investigation of Charge. (Deferred on 11/18/11) c) Confidential opinion dated 12/30/11 from Deputy County Attorney Jennifer Winn, to Chair Kanekoa and Commission Members for consideration of a proposed amendment to Rule 6-1 subsection ld. of the Kaua'i Police Commission Rules on Administrative Practice and Procedure, relating to Filing of Charges. Chair Kanekoa stated that he felt comfortable with the language and called for the motion to waive the Commission's right to confidentiality and allow the opinion to be publicly released. Mr. Iona moved to waive the Commission's rights to confidentiality and allow the opinion to be publicly released. Mr. Nebre seconded the motion. Ms. Winn explained that currently Rule 6-1, section ld. of the Kaua'i Police Commission Rules on Practice and Procedure appears to be that the investigator did not have enough time to prepare a report and that she was tasked with finding the appropriate language to express the Commission's wish to change the rules. Kaua'i Police Commission Open Session January 27, 2012 Page 6 SUBJECT DISCUSSION ACTION Mr. O'Connor explained that at the last meeting, the Commission had reviewed the proposed language in executive session and as a result requested that the County Attorney draft the language to amend Rule 6-1, subsection ld. relating to Filing of Charges. Mr. O'Connor felt that the proposed language clears his concerns and suggested that the Commission adopt the change. Chair Kanekoa also felt that the proposed language was proper and agreed with Mr. O'Connor to approve the language as amended. Ms. Winn explained that at this point the Commission may move to proceed with a public hearing and that 30 days notice would have to be given provided that the next Commission meeting is 30 days from the date of the public hearing. Ms. Winn stated that March 23rd would be the appropriate date to hold the public hearing because the next Commission meeting is on February 24th which does clear the 30 day notification of a public hearing requirement. Staff informed the Commission that February 23, 2012 would be the date for publication of Notice of Public Hearing on the proposed amendment to Rule 6-1, Section Id. of the Administrative Practice and Procedure of the Kaua'i Police Commission Rules Chair Kanekoa called for the motion to approve February 23, 2012, the date for the publication of Notice of Public Hearing on the proposed amendment to the rule 6-1, section Id. of the Administrative Practice and Procedure of the Kaua'i Police Commission Rules. Kaua'i Police Commission Open Session January 27, 2012 Page 7 SUBJECT DISCUSSION ACTION Mr. O'Connor moved that February 23, 2012 the date to run the notice of public hearing in the newspaper. Mr. Iona seconded the motion. Motion carried 7:0 KPC 2011-35 Discussion on the Police Department's Goals and Objectives for 2012. a) Communication dated 12/27/11 from Chief of Police Darryl Perry, to Chair Kanekoa and Commission Members regarding a list of the Police Department Goals for 2012. The Commission acknowledged the receipt of the Police Department's Goals for 2012. KPC 2012-02 Discussion on the Police Department's Proposed Budget for FY 2012-13. Chair Kanekoa stated that he met with Chief Perry to go over the budget and that they agreed with most of the budget items that pertained to the Police Commission's budget as well as the Police Department. Chief Perry indicated that the department had to prioritize personnel and equipment issues and they would be meeting with the Mayor and his staff to go over the budget. After that meeting he would be able to provide the Commission with a clearer picture of where they stand regarding the budget. KPC 2012-03 Discussion and decision-making relating to the salaries of the Chief of Police and his Deputy, and to designate a member to appear before the Salary Commission to present testimony on behalf of the Police Commission relating to their salaries. Mr. Iona stated that back in 2009, there was a request from the Mayor to the Police Commission to defer the salaries of the department heads due Kaua'i Police Commission Open Session January 27, 2012 Page 8 SUBJECT DISCUSSION ACTION the economic situation. The Police Commission at that time agreed to the deferment with a condition that the Commission could revisit the issue regarding the Chief's salary. However, during the deferral period a request came to have the salaries frozen until such a time that the economic situation improves. Unfortunately, that option was taken away. Mr. Iona referred to a report from the Salary Commission that was released in 2007, and that one of the Salary Commission's concerns was salary inversions. He explained that the problem with salary inversions is that the subordinates would make more than the upper-level management and unfortunately, the process has started. Mr. Iona felt that at this point the Police Commission should revisit the issue and provide testimony to the Salary Commission because they are the decision-makers who make recommendations to the County Council. Chief Perry stated that he is reaching towards the end of his career and wanted to publicly state that the salary increase is not for him or his deputy, but, for the next Police Chief and his Deputy. He noted that his salary and his Deputy's salary are the lowest in the entire State despite of all of his years of experience, high education and, his connections at the Federal and State levels. He stressed to the Police Commission the importance of making the step to ensure that the salaries of the next Chief of Police and his Deputy are at the comparable level as their counterparts. Mr. Okami informed the Commission of a current resolution in place that would take effect on July 1, 2013, that would increase the salaries of the department heads, as well as the Chief of Police and his Deputy. Mr. Iona stated that it was his understanding that the Salary Commission must submit a recommendation to the County Council by March 15. Mr. Francisco suggested that a motion be made to select a member to present testimony to the Salary Commission on behalf of the Police Commission to Kaua'i Police Commission Open Session January 27, 2012 Page 9 SUBJECT DISCUSSION ACTION support a salary increase for the Police Chief and Deputy. Mr. O'Connor moved to designate Mr. Iona to represent the Police Commission at the February 1, 2012, Salary Commission meeting. Mr. Francisco seconded the motion. Mr. Iona thanked Mr. O'Connor for the vote of confidence but felt that it would be prudent for the present Chair to represent the Commission at the Salary Commission meeting on February 1, 2012. Mr. Iona requested that the original motion be amended to reflect Chair Kanekoa as the designated member to represent the Police Commission. Ms. Winn advised Chair Kanekoa that he would need to go back to the original motion and call for the vote. Chair Kanekoa called for the vote on Motion 0:7 the original motion. Motion failed Chair Kanekoa called for the motion. Mr. O'Connor moved to amend the motion that would designate Chair Kanekoa to represent the Police Commission at the Salary Commission meeting on February 1 2012. Mr. Francisco seconded. Motion carried 7:0 Mr. Iona noted that he would accompany Chair Kanekoa to the Salary Commission meeting. KPC 2012-04 Public announcement for the following Police Commission notarized complaint that was filed on 11/18/11, against an officer of the County. Chair Kanekoa read the public announcement for the record. • KPC 2012-04: The complaint alleged that an Officer of the County violated the complainant's Constitutional Rights. Pursuant to the 14th Amendment which guarantees a person Kaua'i Police Commission Open Session January 27, 2012 Page 10 SUBJECT DISCUSSION ACTION due process. The Commission after careful review and consideration found that the complaint was out of the jurisdiction of the Commission and therefore did not sustain the complaint. The complaint was forwarded to the Office of the Chief of Police for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-04. Announcements Next Meeting—February 24, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A/2B. Executive Session to follow. Executive At 9:55 a.m. Vice-Chair O'Connor cited the Hawai'i Revised Statues to Session take the meeting into Executive Session. Pursuant to Section §92-4, §92-5 (a) (2) (4) and §92-9 (a) (1-4), The purpose of this Executive Session is to receive and approve the Executive Session meeting minutes and to consult with its attorney on questions and issues pertaining to the Commission's and the County's powers, duties, privileges, immunities and liabilities as they may relate to these items, and to make a decision the Commission deems appropriate. ES-01: Executive Session minutes of December 16, 2011. Pursuant to Hawai'i Revised Statutes §§92-4, 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 where consideration of matter affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; 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: Kaua'i Police Commission Open Session January 27, 2012 Page I I SUBJECT DISCUSSION ACTION 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. (Deferred on 12/16/11) ES-50: KPC 2011-31 Complaint filed on 12/01/11, against an officer of the County alleging violation of the complainant's 4th Amendment which guards against unreasonable searches and seizures. ES-51: KPC 2011-32Complaint filed on 12/27/11, against an officer of the County alleging violation of the complainant's I st Amendment Right to Freedom of Religion, Religious Land Use, and Institutionalized Persons Act of 2000. ES-02: Communication dated 12/29/11, from Chief of Police Darryl Perry to Chair Kanekoa and Commission Members, responding to complaint. KPC 2011-30 that was filed on 11/18/11. ES-03: Chief's Report on the Disposition of the Police Department's Internal Investigations from January to December 31, 2011. ES-04: Kaua'i Police Commission and the Kaua'i Police Department's Internal Investigations overview from January to December 31, 2011. ES-05: KPC 2012-01 Complaint filed on 12/30/11, against an officer of the County alleging falsification of police reports after the complainant was arrested for an alleged DUI (driving under the influence) ES-06: KPC 2012-02 Complaint filed on 1/12/12, against an officer of the C lleging that the complainant was falsely arrested during a traffic Kaua'i Police Commission Open Session January 27, 2012 Page 12 SUBJECT DISCUSSION ACTION stop. ES-07: KPC 2012-03 Complaint filed on 01/17/12, against an officer of the County alleging that the officer threatened to arrest the complainant for missing candy. Chair Kanekoa called for the motion to enter into Executive Session. Mr. Iona moved to enter into Executive Session at 10:00 a.m. Mr. O'Connor seconded the motion. Motion carried 7:0 Return to Open Ratify the actions taken in Executive Session for items: The meeting resumed in Open Session at 12:55 Session ES-01, ES-02, ES-03, ES-04, ES-05, ES-06, ES-07, ES-49, ES-50, and ES- p.m. Mr. Okami moved to ratify the actions 51. taken in Executive Session for items ES-01 through ES-07, and ES-49 through ES-51. Mr. Nebre seconded the motion. Motion carried 7:0 Adjournment Mr. Chiba moved to adjourn the meeting at 12:55 p.m. Mr. O'Connor seconded the motion. Motion carried 7:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa Jr., Chair (X) Approved as circulated on 02/24/12. ( ) Approved as amended. See minutes of meeting.