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HomeMy WebLinkAbout051812_KPC_OPEN SESSION MINUTES APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date May 18, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:06 a.m. End of Meeting: 10:40 a.m. Present Chair Ernest Kanekoa Jr.; Vice-Chare James O'Connor; Members: Charles Iona; Alfredo Nebre Jr.; Bradley Chiba; Randall Francisco; and Donald Moki Okami Sr. Also Chief of Police Darryl Perry; Assistant Chief Alejandre Quibilan; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff. Support Clerk Mercedes Youn; and Administrative Aide Teresa Tamura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order 9:06 a.m. Approval of Special Meeting Open Session Minutes of April 17, 2012 Minutes With regards to the discussion between Mr. Okami and Mr. Iona on page four (4) of the minutes, Mr. Francisco wanted clarification on whether they were referring to two (2) different jurisdictions. Chair Kanekoa said yes. Additionally, Mr. Francisco requested that on page four(4) second paragraph of the minutes be amended to reflect that Mr. Okami asked whether it was Mr. O'Connor moved to approve the minutes necessary to use the Big Island as a measuring "gauge" and not the term gage. as amended. Mr. Iona seconded the motion. Motion carried 7:0 Regular Open Session Minutes of April 27, 2012 Mr. Iona moved to approve the minutes as circulated. Mr. O'Connor seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 2 SUBJECT DISCUSSION ACTION Commendation There was one letter of commendation received on 03/28/12 from Jim and Report Regina Dunagan to Officer Aaron Relacion in appreciation for his assistance in locating a family member and keeping them informed. Chief's Monthly Report 1. Administrative, Technical Services & Training Reports/Orders 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau& Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports for Li-hu'e, Hanalei, and Waimea 7. Chief's Announcements and Pertinent Updates • Kauai Police Department celebrates National Police Week from May 13 through May 16. • A proclamation was presented by the Mayor's Office and the County Council. • An array of police equipment, information on drug use prevention including free Keiki Identification cards will be offered at the Kukui Grove Shopping Center on Saturday, May 19 from 10 a.m. to 2 p.m. • Chief Perry called out the names of the Officer's who gave the ultimate sacrifice in the line of duty. Communications KPC 2012-17 Communication dated 05/02/12 from Chief Darr 1� Pen to Chair Ernest Kanekoa Jr., and Commission Members, concurring with the Commission's findings related to complaint KPC 2012-03. The Commission acknowledged the receipt of the communication. Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 3 SUBJECT DISCUSSION ACTION KPC 2012-18 Communication dated 05/02/12 from Chief DaMl Perr�to Chair Ernest Kanekoa Jr., and Commission Members, concurring with the Commission's findings related to complaint KPC 2012-10. The Commission acknowledged the receipt of the communication. KPC 2012-19Communication dated 05/02/12 from Chief of Police Darryl Perry to Chair Ernest Kanekoa Jr., and Commission Members, concurring with the Commission's findings related to complaint KPC 2012-11. 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 the budget for FY 2013-14 has been finalized and approved by the County Council. Mr. Francisco asked whether any changes and adjustments were made to the budget and department internally. Chief Perry reported that the department's budget had slightly decreased and that one position was lost over to the new Human Resources Department. He noted that the department gained a new clerk's position and two (2)new ID Technicians positions. However, some of the money was adjusted lower for the vacant salaries and overtime. Mr. Francisco asked whether the current budget for FY 2012/13 was fully expended or was there a shortfall or overage. Chief Perry explained that it all depends on whether there is a natural disaster that occurs because all of the money set aside for the overtime and vacant positions would be expedited. Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 4 SUBJECT DISCUSSION ACTION Mr. Okami voiced his concern about the chlordane problem at the Kapaa Army. He asked whether steps are being taken to resolve the problem before the department moves its officers into the building. Chief Perry stated that he recently spoke with the Civil Defense Manager Theodore Daligdig, and he indicated that the issue is currently being mitigated and that the results of that meeting would be seen in the first week in August 2012. Mr. Okami asked whether the department would be fiscally responsible for the clean-up and if so, is it included in the department's new budget. Chief Perry stated that issue was not discussed. KPC 2012-20 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County ES-28: KPC 2012-15 Complaint filed on 03/12/12, alleges that an officer of the County's conduct was unprofessional during a traffic stop. 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 concluded the Commission's review of complaint KPC 2012-15. ES-29: KPC 2012-16 Complaint filed on 03/12/12, alleges that a 911 Dispatcher of the County refused to send a patrol car to the location where the complainant was physically abused because the complainant did not provide a physical address. Based on the information received, the Commission found that there was sufficient evidence to sustain the complaint and has forwarded the complaint Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 5 SUBJECT DISCUSSION ACTION to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2012-16. Announcements Next meeting: June 22, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A/2B followed by Executive Session. Executive At 9:25 a.m. Mr. O'Connor cited the Hawaii Revised Statues to bring the Session meeting into Executive Session. Pursuant to Hawai'i Revised Statute §§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 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: ES-31 Executive Session Minutes of April 17, 2012 Executive Session Minutes of April 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 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: Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 6 SUBJECT DISCUSSION ACTION 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. (Deferred on 04/27/12) 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. (Deferred on 04/27/12) ES-32: KPC 2012-17 Complaint filed on 04/19/12 alleging that an officer of the County violated the County of Kauai Policy Against Discrimination and Harassment, 2012 Edition. ES-33 Pursuant to the Hawaii 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 the powers, duties, privileges, immunities, and liabilities as they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission. Chair Kanekoa called for the motion to enter into Executive Session. At 9:30 a.m. Mr. Iona moved to enter into Executive Session. Mr. Okami seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Open Session Minutes May 18, 2012 Page 7 SUBJECT DISCUSSION ACTION Return to Open The meeting reconvened at 10:40 a.m. Session to Ratify the actions taken Chair Kanekoa called for the motion to ratify the actions taken in Executive in Executive Session for items ES-26, ES-27, ES-31, ES-32, and ES-33. Session Mr. O'Connor moved to ratify the actions taken in Executive Session for items ES-26, ES-27, and ES-31 through ES-33. Mr. Chiba seconded the motion. Motion carried 7:0 Adjournment Chair Kanekoa called for the motion to adjourn the meeting At 10:40 a.m. Mr. Iona moved to adjourn. 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 June 22,2012. ( ) Approved as amended. See minutes of meeting.