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HomeMy WebLinkAbout021712_KPC OPEN SESSION MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: POLICE COMMISSION Meeting Date I February 17, 2012 Location Mo'ikeha Building—Meeting Room 2A/B Start of Meeting: 1:00 p.m. End of Meeting: 1:30 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, and Administrator Paula Morikami Public testifiers: Mr. Ken Taylor, Mr. Thomas M. Iannucci, Chief of Police Darryl Perry, and Mr. Glenn Mickens Excused Absent A lid SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 1:00 p.m. to receive public testimony. Public Mr. Ken Taylor, a member of the public, stated that he supports the Testimony Commissions intentions to seek outside counsel to render an opinion as to who may discipline the Chief of Police. He stated that the Police Commission has the ethical and moral duty to inform the public on what the Chief of Police is being charged with. Mr. Taylor voiced his concern that the Commission should refrain from making any decisions until the issue regarding the Chief of Police is resolved. He does not agree with the Mayor's decision to have the Chief of Police placed on Administrative leave and supports the Commission in returning him back to work. Mr. Okami asked whether he believed that the County Attorney has the knowledge and the understanding to answer questions regarding the Charter and whether it would be a waste of taxpayer's money to bring in outside counsel to re-analyze what already has been determined by the County Attorney. Police Commission Special Open Session February 17, 2012 Page 2 SUBJECT DISCUSSION ACTION Mr. Taylor first stated that he has no doubt that the County Attorney's Office can answer the questions but does not believe that the County Attorney's Office should deal with two masters. He questioned how the County Attorney can direct the Mayor and the Police Commission at the same time. That in itself is a direct conflict and supports the idea of obtainin outside counsel. Mr. Thomas M. Iannucci, a member of the public, read his testimony, which is attached hereto. He suggested that agenda items KPC 2012-05 and KPC 2012-06 be dismissed pursuant to Rule 5-8 of the Kaua'i Police Commission Rules on Administrative Practice and Procedure, which states that the Police Commission shall receive, consider and investigate charges brought by the public against the conduct of an officer or employee of the Police Department. He further explained that the Police Commission has no jurisdiction over complaints brought by employees or officers of the Police Department against another. These complaints should be directed to the appropriate authorities and the Chief should be questioned as to what had transpired or what actions were or were not taken. Additionally, Mr. Iannucci stated that if any one of the items listed on the agenda pertained to the Chief being asked to step down came from an outside source, as the appointing authority for the Chief, an immediate executive session should have been held. Mr. Iona asked for some background information on how the County Council came to a decision to grant the previous Police Commission funding for special counsel regarding the case involving a former Police Chief. Mr. Iannucci suggested that the Commission review the previous records that pertained to that issue. He added that there was contention between County versus County on the right interpretation. At the end, the County Council granted the Police Commission's request to hire outside counsel to obtain an unbiased opinion relating to the powers and duties of Police Commission Special Open Session February 17, 2012 Page 3 SUBJECT DISCUSSION ACTION the Police Commission. Mr. Okami stated that in regard to the leadership that is currently in place, he mentioned that Acting Chief Contrades did send an email to the Mayor placing all parties in their current positions. Chair Kanekoa questioned whether during Mr. Iannucci's tenure as a Police Commissioner and when Mayor Baptiste was in office, did the Mayor appear before the Police Commission to voice his concerns against former Chief of Police K.C. Lum. Mr. Iannucci stated that it was a long time ago but he remembers Mayor Baptiste coming before the Police Commission as an Ex-officio to share his concerns in regard to the situation at hand. Again, he suggested that the Commission review the previous records. Mr. Francisco felt that Mr. Iannucci's testimony was helpful and thanked Mr. Iannucci for providing the background. He acknowledged his suggestion that the Commission review the previous Police Commission records. Darryl Perry, Chief of Police of the County of Kaua'i, stated that he has retained an attorney in which the Commission had previously been notified and that through the advice of his attorney, he was asked to refrain from making statements that might impact the current proceedings. He thanked the Commission for their continuing support not only for himself but for the Police Department. He assured the Commission that the overriding issue regarding the lines of authority between the Mayor's Office and the Police Commission would be resolved as stated in the County Charter. Mr. Okami expressed his appreciation for the Chief and offered his prayers Police Commission Special Open Session February 17, 2012 Page 4 SUBJECT DISCUSSION ACTION during this time of adversity. He assured Chief Perry that the Commission would be looking very closely at this issue. Mr. Iona expressed his heartfelt feelings that as a former Police Officer he also found himself under scrutiny and although the issue was later resolved and he was cleared, it left a great impact on his family. He humbly asked Chief Perry to hang in there and assured him that the Commission would be diligent in resolving this issue. He thanked Chief Perry for the integrity he brou ht to the community and to the Police Department. Mr. Glenn Mickens, member of the public, thanked the members of the Police Commission for their dedication and hard work. He stated that he hopes this issue gets resolved sooner rather than later and that it is his opinion under the Charter that the Police Commission has the sole power to hire and fire the Chief of Police. Although the Mayor is an Ex-officio member who can sit with the Commission and express his own opinion, he has no voting power. He believed that the County Charter was crafted in such a manner to serve as a firewall between the political entity and the duties and responsibilities of the Police Commission. Executive With no further public testimony, Chair Kanekoa called for the motion to At 1:30 p.m. Mr. O'Connor moved to enter into Session enter into Executive Session. Executive Session. Mr. Nebre seconded the motion. Motion carried 7:0 Return to Open At 2:50 p.m. the Commission reconvened in Session to ratify Open Session. the actions taken Mr. Iona moved to ratify the actions taken by the by the Police Police Commission in Executive Session. Mr. Commission in O'Connor seconded the motion. Executive Motion carried 7:0 Session Police Commission Special Open Session February 17, 2012 Page 5 SUBJECT DISCUSSION ACTION Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 2:50 p.m. Mr. Iona moved to adjourn the meeting. 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 March 23, 2012. ( ) Approved as amended. See minutes of meeting.