Loading...
HomeMy WebLinkAbout022412 Open Session Minutes_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICECOMMISSION Meeting Date I February 24, 2012 Location Mo'ikeha Building—Meeting Room 2A/13 Start of Meeting: 9:00 a.m. End of Meeting: 10:45 a.m. Present Chair Ernest Kanekoa Jr.; Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre Jr., Randall Francisco, and Donald Okami Sr. Also Acting Lieutenant Trent Shimabukuro; Waimea District Commander Richard Rosa; and Officer Anthony Morita; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff: Support Clerk Mercedes Youn; Administrator Paula Morikami Excused Bradley Chiba Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. Approval of Regular Open Session minutes of January 27, 2012 Mr. O'Connor moved to approve the minutes as Minutes circulated. Mr. Francisco seconded the motion. Motion carried 6:0 Recognition and Employee of the month for February: Officer Anthony Morita Commendation Report Acting Lieutenant Trent Shimabukuro presented the department's Officer of the Month recognition to Officer Anthony Morita. Officer Morita was assigned to investigate a specific group of individuals that were required by law to provide updated information on their whereabouts for tracking purposes. Officer Morita researched and prepared the legal documents, which allowed the Police Department's Fugitive Apprehension Strike team (FAST), to locate and arrest these violators. FAST focuses on identifying and locating individuals who threaten the safety of the community. Officer Morita's exceptional performance throughout this project earned him the right to be selected as Officer of the Month for February. In lieu of Chief Perry's absence, Chair Kanekoa presented Officer Morita with a certificate of outstanding service and commitment for the support he rovided to the FAST team. His efforts are truly a reflection of his Kaua'i Police Commission Open Session February 24, 2012 Page 2 SUBJECT DISCUSSION ACTION dedication and professionalism in keeping the community safe. Mr. Francisco showed his appreciation to Officer Morita for a job well done and that his actions alone serve as a reminder to all of us that it's the front line employees who are the face of any organization that make things happen. Mr. Okami stated that solutions are not always obvious as one would think and that it's the dedication of an officer to find the solution that is going to make the difference in the future. Mr. Okami thanked Officer Morita for his hard work and dedication, noting that the people of Kaua'i deserve no less. Chair Kanekoa apologized for not asking if there was any one in the audience who wished to give testimony on any of the agenda items. There were none. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders and Quarterly 2. Fiscal Report Reports 3. Investigative Services Bureau& Traffic Reports 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing Districts Reports for Li-hu'e, Hanalei, and Waimea 7. Personnel Orders: KPD 2012-01 8. Chief's Announcements and Pertinent Updates. Chair Kanekoa suggested that the Commission defer this matter for continued discussion in March. He indicated that during the absence of the Chief of Police, the Mayor has acknowledged the Commission's request that Assistant Chief Mark Begley avoid coming to the meeting until the matter of the leadership of the Police Department is resolved. Mr. Iona moved to defer all matters pertaining to Kaua'i Police Commission Open Session February 24, 2012 Page 3 SUBJECT DISCUSSION ACTION the Chief's monthly and quarterly reports to the March meeting. Mr. Nebre seconded the motion Motion carried 6:0 Mr. Iona read a letter of appreciation from State Librarian Richard Burns, of the Hawai'i State Public Library System, to Sergeant Paul Applegate thanking him for his informative presentation to the branch managers on workplace violence. Communications KPC 2012-05 Communication dated 02/14/12 from the Kaua'i Publishing Company regarding a Notice of Public Hearing on the proposed amendment to Rule 6-1 (g) (1) and(d), of the Kaua'i Police Commission Rules on Administrative Practice and Procedure, scheduled for insertion on Thursday, February 23,2012, in the Garden Island Newspaper. The Commission acknowledged the receipt of the communication. Business KPC 2012-02 Discussion on the Police Department's Proposed Budget for Fiscal Year 2012-13. (On-going) Chair Kanekoa indicated that this matter is still on-going and that he has not received confirmation from the Chief of Police as to the status of the Kaua'i Police Department proposed budget for FY 2012-13. KPC 2012-06 Briefing by Chair Kanekoa regarding the testimony that he presented on behalf of the Police Commission, to the Salary Commission at its meeting on February 1, 2012, regarding the salary of the Chief of Police and Deputy Chief of Police. Chair Kanekoa indicated that the matter is still on-going and that the Salary Commission is scheduled to meet on March 1, 2012, in which a determination will be made on whether there will be a recommendation to increase the salary of the Chief of Police and Deputy Chief of Police. Kaua'i Police Commission Open Session February 24, 2012 Page 4 SUBJECT DISCUSSION ACTION KPC 2012-07 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. KPC 2011-29 The complaint was 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. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint and has forwarded the complaint to the Office of the Chief of Police for further review and investigation if deemed necessary. This concluded the Commission's review of complaint KPC 2011-29. KPC 2011-31 The complaint was 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 seizure. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint and has forwarded the complaint 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 2011-31. KPC 2011-32 The complaint was filed on 12/27/11, against an officer of the County alleging the following violations: 1 st Amendment Right to Freedom of Religion, Religious Land Use, Institutionalized Person Act of 2000, Constitutional 4th Amendment, Illegal search and seizure of a church protected sacraments, Illegal seizure of medical marijuana prescriptions, Illegal opening of mail without a search warrant, and violation of the United Nations Declaration on the Rights of Indigenous People/Articles 1- 46. Based on the information received, the Commission found that the Kaua'i Police Commission Open Session February 24, 2012 Page 5 SUBJECT DISCUSSION ACTION complaint was not within the jurisdiction of the Police Commission. The Commission also found that the officer's actions were warranted and therefore, did not sustain the complaint. The complaint has been 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 2011-21. KPC 2012-01 The complaint was filed on 01/10/12, against an officer of the County alleging falsification of Police Reports. Based on the information received, the Commission found that there was sufficient evidence to sustain the complaint and has forwarded the complaint 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 2012-01. Announcements Next meeting- March 23, 2012, at 9:00 a.m. or shortly thereafter at the Mo'ikeha Building in Meeting Room 2 A/B. Executive Session to follow. Executive At 9:17 a.m. Mr. O'Connor cited the Hawai'i Revised Statues to take the Session meeting into Executive Session. Pursuant to the Hawai'i Revised Statutes §92-4m 92-5 (a) (4), and 92-9 (a) (1-4) and(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 ma relate to this item, and to deliberate and take such actions as Kaua'i Police Commission Open Session February 24, 2012 Page 6 SUBJECT DISCUSSION ACTION appropriate. ES-10: Executive Session Minutes of January 27, 2012. 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 officer or employee of the County where consideration of matters 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 County's powers, duties,privileges, immunities, and/or liabilities as they may relate to this item, and to deliberate and take such actions as appropriate. ES-06: KPC 2012-02 Complaint filed on 01/12/12, against an officer of the County alleging that the complainant was falsely arrested during a traffic stop. (Deferred on 01/27/12) 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. (Deferred on 01/27/12) ES-11: KPC 2012-04 Complaint filed on 01/25/12, against an officer of the County alleging that the complainant's items were unjustly confiscated, racial prejudice, false arrest, conduct unprofessional, and failure to read the Miranda Rights. ES-12: KPC 2012-07 Complaint filed on 02/07/12, against three officers of the County alleging that the complainant was targeted for harassment and cited for having an invalid license plates and driver license. ES-13: Non-notarized complaint dated 01/16/12, against an officer of the Kaua'i Police Commission Open Session February 24, 2012 Page 7 SUBJECT DISCUSSION ACTION County alleging that the officer's treatment of the complainant was very demeaning during a traffic stop. Chair Kanekoa called for the motion to enter into Executive Session. At 9:20 a.m. Mr. O'Connor moved to enter into Executive Session. Mr. Francisco seconded the motion. Motion carried 6:0 Return to Open The meeting resumed in Open Session at 10:44 Session to ratify a.m. the actions taken in Executive Chair Kanekoa called for the motion to ratify the actions taken in Mr. O'Connor moved to ratify the actions taken Session Executive Session. in Executive Session for items ES-06, ES-07, ES-10, ES-11, ES-12, and ES-13. Mr. Nebre seconded the motion. Motion carried 6:0 Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 10:45 a.m. Mr. Okami moved to adjourn the meeting. Mr. Nebre seconded the motion. Motion carried 6:0 Kaua'i Police Commission Open Session February 24, 2012 Page 8 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.