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HomeMy WebLinkAbout042712_ Open Session_Approved1m(tt) COUNTY OF KAUAI Approved as circulated on 05/18/12 Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date I April 27, 2012 Location Mo'ikeha Building—Meeting Room 2A/13 Start of Meeting: 9:10 a.m. End of Meeting: 11:55 a.m. Present Chair Ernest Kanekoa Jr., Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre Jr., Bradley Chiba, and Randall Francisco. Also Deputy County Attorney Jennifer Winn; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:10 a.m. Chair Kanekoa indicated that Mr. Okami could not attend the meeting due to personal obligations. Approval of Regular Open Session Minutes of March 23, 2012 Mr. O'Connor moved to approve the minutes Minutes as circulated. Mr. Nebre seconded the motion. Motion carried 6:0 Recognition Employees for the Month of April: Officers Makana Rivera and Joseph Report Russell Himongala. Officer Damien Loo read the recognition report. Patrol Officers Himongala and Rivera were recognized for their response to a call during a heavy storm that hit Kauai last month. Their actions resulted in saving and preserving human life that otherwise would have been lost without their direct involvement. Chief Perry presented Officer Joseph Russell Himongala with a Certificate in recognition of outstanding and exemplary service to the community on behalf of the citizens of the County of Kauai. Kauai Police Commission Regular Open Session April 27, 2012 Page 2 SUBJECT DISCUSSION ACTION It was noted that Officer Makana Rivera could not attend the meeting because he worked a double shift and was at home resting. Chief s Monthly 1. Administrative, Technical Services & Training Reports/Orders and Quarterly 2. Fiscal Report Report 3. Investigative Services Bureau . Patrol Services & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports for Lihue, Hanalei, and Waimea. 7. Personnel Orders 8. Chief's announcements and Pertinent Updates: • Recent promotions of six(6) Sergeants to the position of Lieutenant and ten (10) Officers to the position of Sergeant. • Completion of the Stripes Class—a refresher course for officers that focused on topics such as leadership, corrective action, fiscal matters, contracts, risk management, sexual harassment and workplace violence. • 82nd Recruitment class will begin on May 1St • 83rd Recruitment class should begin in December 2012. • Meeting with representatives of the Kauai High School Project Graduation. • Completion of the Shattered Dreams Project that was held the Waimea High School. • Recognition of National Telecommunications Awareness Week. • May 13 — 19 is Police Week-A proclamation is planned by the Mayor and the County Council. The Commission requested for information on the planned activities for the Police Week. Chief Perry acknowledged the Commission's request. Kauai Police Commission Regular Open Session April 27, 2012 Page 3 SUBJECT DISCUSSION ACTION Communications KPC 2012-12 Communication dated 03/27/12 from Chief Darryl Perry to Chair Ernest Kanekoa and Commission Members, concurring with the Commission's findings related to complaint KPC 2012-04. The Commission acknowledged the receipt of the communitarian. KPC 2012-13 Communication dated 03/17/12 from Chief Darryl Perry to Chair Ernest Kanekoa and Commission Members, concurring with the Commission's findings related to complaint KPC 2012-07. The Commission acknowledged the receipt of the communication. Business KPC 2012-02 Discussion on the Police Department's Proposed Budget for FY 2012-13. (On-going) Chief Perry reported that he had met with the Administration to review the Police Department's final budget for FY 2012/13 and awaiting the outcome Mr. Iona asked whether the clerk's position would be transitioning over to the new Human Resources Department. Chief Perry stated that it is his understanding that the position would be moving over to the new HR Department at the start of the new fiscal year. KPC 2012-14 Petition dated 04/11/12 from Retired Police Officer Paul Baumung on behalf of Petitioners, to Chair Ernest Kanekoa urging the Mayor and the Kauai Police Commission to act to have Chief Darr ly Perry issue all retired police officers, who have retired in ,good standing, a Retired Police Officer Photographic Identification. Chief Perry reported that this matter is being addressed and that the department is currently working on developing a policy that would protect the interest of the Police Department, as well as the County. He explained Kauai Police Commission Regular Open Session April 27, 2012 Page 4 SUBJECT DISCUSSION ACTION that the department felt that certain requirements must be met before the retired officers could receive their identification card. One of the requirements is the retired officers would have to do a psychological evaluation every two years at their own expense. Chief Perry further explained that the policy would be in conjunction with the Hawaii Revised Statutes and incorporated into the department's general orders. Mr. Iona stated that although he supports this law he expressed concern and believes policies must be in place to meet the requirements of the statutes. Mr. Iona gave an example situation. When a retired police officer who has been out of service for a while confronts a situation where he exposes his weapon, the responding officer might not know that he is a retired officer. KPC 2012-15 Approval of the Proposed Amendments to Rule 6-1, (g) (1), and(d) of the Kauai Police Commission Rules on Administrative Practice and Procedures. Chair Kanekoa indicated that at the last meeting the Commission held a public hearing to allow testimony on this matter and that no testimony was received. Chair Kanekoa called for the motion to adopt the amendments. Mr. Iona moved to adopt the amendments to Rule 6-1, section (g) (1), and (d) of the Kauai Police Commission Rules on Administrative Practice and Procedures. Mr. O'Connor seconded the motion. Motion carried 6:0 Kauai Police Commission Regular Open Session April 27, 2012 Page 5 SUBJECT DISCUSSION ACTION Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. ES:07 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 plates 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 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 concludes the Commission's review of complaint KPC 2012-07. ES:15 KPC 2012-08 Complaint filed on 02/15/12, alleges that an officer of the County violated the complainant's rights by entering the residence without permission. 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. This officially concludes the Commission's review of complaint KPC 2012- 08. ES:16 KPC 2012-10 Complaint filed on 02/27/12, against two officers of the County alleging that the complainant was not given the Miranda Rights, false arrest and removal from the scene, harassment and conflict of interest. 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 for further review and investigation if deemed necessary. Kauai Police Commission Regular Open Session April 27, 2012 Page 6 SUBJECT DISCUSSION ACTION This officially concludes the Commission's review of complaint KPC 2012- 10. ES:17 KPC 2012-11 Complaint filed on 02/27/12, against an officer of the County alleging wrong protocol and harassment. 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 for further review and investigation if deemed necessary. This officially concludes the Commission's review of complaint KPC 2012-11. Announcements Next meeting—May 18, 2012 at 9:00 a.m. in the Mo'ikeha Building in Meeting Room 2 A/B, followed by Executive Session. Executive Session At 9:47 a.m. Mr. O'Connor cited the Hawaii 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 deemed appropriate. ES-22 Executive Session Minutes of March 23, 2012. ES-23 Pursuant to the 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 special counsel selected to represent the Commission in a Declaratory Ruling to determine the powers of the Mayor and the powers of the Police Commission pertaining to disciplinary powers. Kauai Police Commission Regular Open Session April 27, 2012 Page 7 SUBJECT DISCUSSION ACTION 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-24 Report from Chief Darryl Perry regarding the Disposition of Police Commission notarized complaints filed by citizens with the Police Commission for the period January 1 to April 1, 2012. ES-25 Report from Chief Darryl Perry regarding an overview of the Police Commission notarized complaints and Kauai Police Department Internal Investigations Overview on the status of investigation for the period January 1 to April 1, 2012. ES-26: KPC 2012-13 Complaint filed on 03/12/12 alleging that officers and their superiors of the County are charged with the suppression and oppression of Native Indigenous Aboriginal Hawaiian Human Rights, which is a violation of International Law. ES-27: KPC 2012-14 Complaint filed on 03/12/12 alleging that officers of the County illegally took the complainant's Hawaiian government license plates and vehicle registration. Kauai Police Commission Regular Open Session April 27, 2012 Page 8 SUBJECT DISCUSSION ACTION ES-28: KPC 2012-15 Complaint filed on 03/21/12 alleging that the conduct of an officer of the County was unprofessional during a traffic stop. ES-29: KPC 2012-16 Complaint filed on 04/05/12 alleging that a 911 Dispatcher refused to send an officer to the location where the complainant needed assistance because the complainant only provided the location and no physical address. ES-30 Communication dated 04/05/12 concerning the Department's lack of professionalism and disregard in the handling of a theft case within a reasonable timeframe. Chair Kanekoa called for the motion to enter in Executive Session. At 9:55 a.m. Mr. Iona moved to enter in Executive Session. Mr. Chiba seconded the motion. Motion carried 6:0 After the motion was made, public member Rob Abreu requested time to provide testimony pertaining to Executive Session item ES-23. Chair Kanekoa and the Commission members granted Mr. Abreu the opportunity to give testimony. Mr. Rob Abreu, member of the public, stated that he had a big problem with the Administration trying to take over the County. He expressed his frustration with the Administration for trying to take complete power over the County. He noted that according to the County Charter, the Mayor does not have the right to discipline the Chief of Police and that he only has rights to suspend or discipline persons who he has direct control over. Kauai Police Commission Regular Open Session April 27, 2012 Page 9 SUBJECT DISCUSSION ACTION Mr. Abreu stated that matter needs to be resolved as soon as possible, and felt that the Mayor jumped the gun, when he should have come to the Police Commission first. Return to Open The meeting reconvenes at 11:55 a.m. Session to Ratify the actions taken Chair Kanekoa called for the motion to ratify the action taken on Executive Mr. Iona moved to ratify the actions taken in in Executive Session. Executive Session for items ES-22 through Session ES-30. Mr. Nebre seconded the motion. Motion carried 6:0 Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 11:55 a.m. Mr. Nebre moved to adjourn. Mr. Iona seconded the motion Motion carried 6:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa Jr., Chair (X) Approved as circulated on May 18, 2012. ( ) Approved as amended. See minutes of meeting.