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HomeMy WebLinkAbout032312_KPC_Open Session_Minutes_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date March 23, 2012 Location Mo'ikeha Building—Meeting Room 2A/B Start of Meeting: 9:00 a.m. End of Meeting: 11:50 a.m. Present Chair Ernest Kanekoa Jr., Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre Jr., Randall Francisco Also Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chief Roy Asher; Sergeant Kenneth Cummings; Officer Darin Irimata; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Bradley Chiba and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. Chair Kanekoa asked if there were any members in audience who wished to give testimony on the agenda items. No testimony was given. Public Hearing Proposed Amendments to Section 6-1 (g) (1), and (d) of the Kaua'i Police Commission Rules on Administrative Practice and Procedure Chair Kanekoa asked if there were any members in audience who wished to give testimony on the proposed amendments. With no testimony given,this matter will be placed on the next agenda for continued discussion and decision-making at the April 27th meeting. Approval of Special Meeting Open Session Minutes of February 7, 2012 Mr. O'Connor moved to approve the minutes Minutes February 7, 2012, as circulated. Mr. Nebre seconded the motion. Motion passed 5:0 Kaua'i Police Commission Regular Open Session March 23, 2012 Page 2 SUBJECT DISCUSSION ACTION Special Meeting Open Session Minutes of February 17, 2012 Mr. O'Connor moved to approve the minutes of February 17, 2012, as circulated. Mr. Francisco seconded the motion. Motion passed 5:0 Special Meeting Open Session Minutes of February 24, 2012 Mr. O'Connor move to approve the minutes of Special Meeting Minutes of February 24, 2012. Mr. Francisco seconded the motion. Motion passed 5:0 Regular Open Session Minutes of February 24, 2012 Mr. O'Connor moved to approve the Regular Open Session Minutes of February 24, 2012, as circulated. Mr.Nebre seconded the motion. Motion passed 5:0 Recognition Employee of the Month for March: Officer Darin Irimata Chief Perry, along with the Police Commission, recognized Officer Darin Irimata. On January 4,2012, Officer Irimata assisted Officers Jonathan Bonachita and Mamie Fernandez in a robbery case that occurred in the early morning hours at the Koloa Chevron gas station. During his interview with the victim it was found that the male suspect was recognized as a frequent customer who drove an older model Toyota sedan. Officer Irimata had a keen sense of who the male suspect was and where he lived. Upon his search of the Koloa area the vehicle was found and the suspect was arrested. In another unrelated incident in May 2011, Officer Irimata assisted Officer Daniel Malloy in the apprehension and arrest of a jewelry thief. This incident also occurred in the Koloa area. Officer Irimata was recognized by Sergeant Kenneth Cummings. Kaua'i Police Commission Regular Open Session March 23, 2012 Page 3 SUBJECT DISCUSSION ACTION Chief Perry presented Officer Irimata with a Certificate of recognition for his outstanding and exemplary service to the County and for his diligence in the two cases of robbery and theft which resulted in the arrest of two male suspects. Assistant Chief Roy Asher recognized Officer Ginny Pia who is a member of the Kaua'i Police Department Vice Unit. Officer Pia was recognized for her work in a high profile Federal case which resulted in the arrest of three individuals and the seizure of over twenty-four thousand dollars in cash. Due to the nature of Officer Pia's work she was unable to attend the meeting. Mr. Francisco extended his appreciation to Officer's Darin Irimata and Ginny Pia for being at the forefront and for keeping the business community moving forward and safe. Deputy Chief Michael Contrades recently returned from attending the 247th FBI(Federal Bureau of Investigation)National Academy. He expressed his gratitude to Chief Darryl Perry and presented him with a plaque for nominating him to the academy; he indicated that without it he would not have been able to attend the academy. Mr. Iona mentioned that it gives him great honor and pride to say that out of 257 top law enforcement members throughout the entire nation who attended the 248th class; Deputy Chief of Police Michael Contrades took top honors and was voted number one by his leadership class for having excellent leadership qualities. Chiefs Monthly Chair Kanekoa noted that the Chief Monthly Reports for February was Reports for deferred on the 02/24/12 meeting. February Kaua'i Police Commission Regular Open Session March 23, 2012 Page 4 SUBJECT DISCUSSION ACTION Chief Perry reported that he received one letter of commendation by Mr. Richard Burns, who wrote to thank Sergeant Paul Applegate for his informative presentation to branch managers on workplace violence. Chief Perry announced that Lieutenant Eric Shibuya, of the Internal Affairs Unit and polygraph expert retired after 25 years of service at the Kaua'i Police Department. Also on April 1, 2012. Sergeant Ezra"Kanani" Kanoho will also retire. Chief Perry announced the resignation of Officer Christina Soltren. The 82nd Recruit Class will begin on May 1 st and the department is looking at anyw here between nine to eleven new recruits. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports for 2. Fiscal Report March 3. Investigative Services Bureau 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing Districts Reports for Lihu'e, Hanalei, and Waimea. 7. Chief's Announcements and Pertinent Updates The Commission acknowledged the receipt of the reports. Communications KPC 2012-08 Communication dated 02/28/12 from Mr. James Zaima Jr., regarding his concerns of the events that are occurring between the Administration and the Police Department. 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) Kaua'i Police Commission Regular Open Session March 23, 2012 Page 5 SUBJECT DISCUSSION ACTION Chief Perry reported that they met with the Administration to review the Department's budget for FY 2013. Due to the economic downturn the Department is looking at the cuts where the Department felt it is necessary. Although the Department sent a priority list to the County Council asking for two new beats and positions for the Internal Affairs Unit and to make it a permanent unit, the Department would not get all of those positions. The Department will be getting two ID Technicians whose job is to recover evidence from the scene. On April 12th the Department will be going before the County Council to review the budget. Mr. Francisco asked what the Commission can do to advocate for more funding because as much as it is a tight economy we need to remember what we consider our philosophy and priorities on behalf of the Police Department and our community. He asked that the Commission in unison go to Council to provide testimony in support of the Department's requests. Mr. Iona asked for clarification for business item KPC 2012-02 which holds the same item number as notarized complaint KPC 2012-02. Staff acknowledged the error and will make the necessary corrections. KPC 2012-09 Public announcements for the followiniz Police Commission notarized complaints that were filed against officers of the County. KPC 2012-02 Complaint filed on 01/12/12, against an officer of the County alleging false arrest. 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 for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-02. Kaua'i Police Commission Regular Open Session March 23, 2012 Page 6 SUBJECT DISCUSSION ACTION KPC 2012-04 Complaint filed on 01/25/12, against an officer of the County alleging theft of Atooi credentials, false arrest, racial prejudice, conduct unprofessional, and failure to read the complainant's Miranda Rights. Based on the information received, the Commission found that the complaint is not within the Commissions purview and therefore, did not sustain the complaint. The complaint will be forwarded to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-04. KPC 2012-05 Complaint filed on 01/27/12, alleging an officer of the County was discriminatory, derogatory, inappropriate, disparaging, and made bullying remarks. Pursuant to Rule 5-8, of the Kaua'i Police Commission Rules on Administrative Practice and Procedure, the Commission shall receive, consider, and investigate charges brought by the public against the conduct of an officer. Based on the nature of the complaint, the Commission found that the complaint is out of the jurisdiction of the Commission and therefore did not accept the complaint. The complaint has been forwarded to the Office of the Chief of Police for further review and to investigate if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-05. KPC 2012-06 Complaint filed on 02/01/12, alleging an officer of the County was discriminatory, derogatory, inappropriate, disparaging, and made bullying remarks. Pursuant to Rule 5-8, of the Kaua'i Police Commission Rules on Administrative Practice and Procedure, the Commission shall receive, consider, and investigate charges brought by the public against the conduct Kaua'i Police Commission Regular Open Session March 23, 2012 Page 7 SUBJECT DISCUSSION ACTION of an officer. Based on the nature of the complaint, the Commission found that the complaint is out of the jurisdiction of the Commission and therefore did not sustain the complaint. The complaint has been forwarded to the Office of the Chief of Police for further review and to investigate if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-06. KPC 2012-07 Complaint filed on 02/07/12, against three officers of the County alleging that the complainant was improperly cited for having a Hawaiian Kingdom license plate and driver's license on three separate occasions. Based on the nature of the complaint, the Commission found that the complaint is not within the Commission's jurisdiction and therefore did not sustain the complaint. The complaint has been forwarded to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-07. KPC 2012-10 2012 State of Hawai'i Police Commissioners' Conference, hosted by the Maui Police Commission from May 24-25, 2012. The following 5 Commissioners will be attending the conference: • Chair Ernest Kanekoa Jr. • Vice-Chair James O'Connor • Charles Iona • Alfredo Nebre Jr. • Bradley Chiba Announcements Next meeting: April 27, 2012, at the Mo'ikeha Building in Meeting Room 2 A/B followed by Executive Session. Executive At 9:35 a.m. Vice-Chair O'Connor cited the Hawai'i Revised Statutes to Session bring the meeting in to Executive Session. Kaua'i Police Commission Regular Open Session March 23, 2012 Page 8 SUBJECT DISCUSSION ACTION Pursuant to the Hawai'i Revised Statutes §92-4, §92-5 (a) (4), §92-9 (a) (1- 4) and(b), the purpose of this Executive Session is to receive and approve the following Executive Session minutes and to consult with the Commissions legal counsel on issues pertaining to the Commissions 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-14: Special Executive Session Minutes of February 7, 2012 Special Executive Session Minutes of February 17, 2012 Executive Session Minutes of February 24, 2012 Emergency Executive Session Minutes of February 24, 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 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 Commissions legal counsel on issues pertaining to the Commissions 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: 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-15: KPC 2012-08 Complaint filed on 02/15/12, against an officer of the County alleging violation of rights when the officer entered the Complainant's house without permission. Kaua'i Police Commission Regular Open Session March 23, 2012 Page 9 SUBJECT DISCUSSION ACTION ES-16: KPC 2012-10 Complaint filed on 02/27/12, against two officers of the County alleging the wrong protocol by not reading the complainant's Miranda Rights, false arrest and removal from the scene, harassment and conflict of interest. ES-17: KPC 2012-11 Complaint filed on 02/27/12, against an officer of the County alleging wrongful protocol, and harassment. ES-18: Pursuant to Hawai'i Revised Statutes §92-4 and§92-5 (a), (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to its powers, duties, privileges, immunities, and liabilities as they relate to the Commission obtaining special counsel to represent the Commission in a Declaratory action to determine who may supervise and/or discipline the Chief of Police. ES-19: Communication dated 02/22/12, from Attorney Peter Liholiho Trask, Esq. to Ernest Kanekoa Jr. Chair of the Kaua'i Police Commission regarding a petition for Declaratory Ruling. ES-20: Copy of a communication received on 03/08/12, from an officer of the Kaua'i Police Department to Mayor Bernard P. Carvalho Jr., regarding a request for action to ensure a hostile free workplace environment. Chair Kanekoa called for the motion to enter into Executive Session. At 9:38 a.m. Mr. Iona moved to enter into Executive Session. Mr. O'Connor seconded the motion. Kaua'i Police Commission Regular Open Session March 23, 2012 Page 10 SUBJECT DISCUSSION ACTION Motion carried 5:0 Return to Open At 11:50 a.m. the meeting returned back into Open Session. Session to ratify the actions taken Chair Kanekoa called for the motion to ratify the actions taken by the by the Police Police Commission in Executive Session. Mr. Iona moved to ratify the actions taken by the Commission in Police Commission in Executive Session for Executive items ES-07, ES-14, ES-15, ES-16, ES-17, ES- Session. 18, ES-19, and ES-20. Mr. Nebre seconded the motion. Motion carried 5:0 Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 11:50 a.m. Mr. Iona moved to adjourn. Mr. Nebre seconded the motion. Motion carried 5:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa Jr., Chair (X) Approved as circulated on April 26, 2012 ( ) Approved as amended. See minutes of meeting.