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HomeMy WebLinkAbout062212_KPC_OPEN SESSION_Approved1m COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date June 22, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:00 a.m. End of Meeting: 11:29 a.m. Present Chair Ernest Kanekoa Jr.,; Vice-Chair James O'Connor Members: Charles Iona; Alfredo Nebre Jr.; Bradley Chiba; Randall Francisco; and Donald Moki Okami Also Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chief Alejandre Quibilan; Captain Sherwin "Kaleo"Perez; Detective Randolph Chong Tim Sr.; Lieutenants Richard Rosa and Dan Miyamoto; Officers Scott Williamson, Anthony Abalos; and Darin Irimata. 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 at 9:03 a.m. Approval of Regular Open Session Minutes of May 18, 2012 Mr. Francisco called for the motion to Minutes approve the minutes as circulated. Mr. Nebre seconded the motion. Motion carried 7:0 Recognition Employees of the month for June: Officers Anthony Abalos and Darin Irimata. Report Sergeant Scott Williamson read the Recognition Report for Officers Abalos and Irimata. Officers Abalos and Irimata were recognized for their dedication and due diligence to public safety when they executed a search warrant and recovered over thousand dollars in cash, electronic scale, distribution supplies, marijuana, drug paraphernalia, and over twenty grams of methamphetamine with an estimated street value of twenty- five hundred dollars. Kauai Police Commission Regular Open Session June 22, 2012 Page 2 SUBJECT DISCUSSION ACTION Chief Perry presented the Officers with a certificate in recognition of outstanding and exemplary service to the community, on behalf of the citizens of the County of Kauai, and the members of the Kauai Police Department, for their actions that resulted in the recovery of drugs and drug paraphernalia, and cash,which resulted in eighteen (18) federal charges. Their efforts are a true reflection of their dedication and rofessionalism and commitment in keeping the community safe. Commendation There were two (2) letters of commendation that were received: Report On May 18, 2012, Ms. Karen Taketa, Executive Director of the Contractors Association of Kauai, wrote to thank Sergeant Roderick Green for his participation in the 20th Annual CAK(Contractors Association of Kauai) Home Show. On May 24, 2012, Ms. Irene Morgan wrote to commend Officers Phillip Banquel and Makana Rivera for their professionalism. Chiefs Monthly 1. Administrative, Technical Services and Training Reports Reports 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau 5. Community Oriented Policing District Reports for Lihue, Hanalei, and Waimea 6. Personnel Orders: 2012-06 and 2012-07 7. Chief's Announcements and Pertinent Updates Fiscal Report Mr. Iona questioned whether the budget is on track or below the target of expenditures. Chief Perry reported that on the financial side, the budget was below target and that the department would more than likely have to return the money back which the department was not able to expend this year due to the vacancies in the Police Department. Kauai Police Commission Regular Open Session June 22, 2012 Page 3 SUBJECT DISCUSSION ACTION Chief Perry provided the Commission with a copy of the final budget for FY 2012/13. He reported that there was a significant decrease in overtime which would be made up if the department exceeds the overtime budget from the vacant positions. In addition, there were two (2) other significant changes would affect the budget 1) transfer of a personnel clerk position to the newly formed Human Resources Department and; 2)replacement of a secretary and records clerk to two (2) ID Technicians positions. Mr. O'Connor noted that the overall percentages for FY 2012/13 are down 1.9 percent from the previous year. Chief Perry indicated that it was his understanding that after the Mayor and the Director of Finance reviewed the budget from last year and because of the projections, the department would be returning approximately 1.2 million dollars due to the vacant positions. He also stated that the department was not able to purchase new equipment in the amount of six hundred thousand dollars. Chief Perry stated that due to the decrease in the budget and based on the logic of the Administration, the department was informed that if more money was needed, the department could request for a money bill. He added that, according to their projections, the department should be on budget if this process continues. Chief Perry reported that the department is accelerating their recruitment process and some of the vacant positions may not be available. However, in May 2013, the department would have to go in for a money bill to boost its budget. In regard to the Kawaihau substation, Mr. Iona indicated that the project was not listed in recent CIP report. Chief Perry stated that it was his understanding that the Mayor has committed to having the Kawaihau substation built within the next few years but, in the interim, the department is in the process of moving from the Kauai Police Commission Regular Open Session June 22, 2012 Page 4 SUBJECT DISCUSSION ACTION old Kapaa substation to the Kapaa Armory. He noted that although there were some mitigating circumstances on prohibited pesticides on the site such as the clean-up, and ADA compliance issues, the moving process should be completed by November 2012. With respect to the Kawaihau substation, it is not in the current CIP budget and that the department has negotiated a lease from the Hawaii Health Systems for 50 years and that there is a timeframe in which construction needs to begin. Mr. Okami voiced his concerns about the chemicals that were absorbed by the wood. He asked if there were tests being done to deem the area safe. Chief Perry stated that he does not have all the details but, he believes that the chemicals that were found in the ground and certain materials were removed. Mr. Iona questioned which State or County agency gives the approval to occupy the building. Chief Perry stated that he would have to check with Civil Defense Administrator Teddy Dalidig to get a definitive answer. Mr. Francisco asked how many officers would occupy the facility and would it be utilized for other purposes including training. Chief Perry stated about 28 to 29 officers would be occupying the facility and that it would also be used as a training facility to assist with the recruitment efforts. Mr. Nebre asked whether the whole facility would be utilized or just a portion. Chief Perry stated that at this point, the department would be utilizing only a portion of the facility. However, if they need a larger area for physical fitness programs, they can request that they block off another portion of the facility. Mr. Francisco voiced his concerns that the budget shows that there no funds for training. Chief Perry indicated that there are funds appropriated for training and that he would double check. Kauai Police Commission Regular Open Session June 22, 2012 Page 5 SUBJECT DISCUSSION ACTION Chief's Announcement and Pertinent Updates Chief Perry reported that classes are now being offered at the KCC (Kauai Community College) for the employees in the Police Department who wish to seek a higher education. The classes are associated or related to duties and responsibilities in the Kauai Police Department and those who would participate would be reimbursed. Mr. Francisco reported that the Kauai Chamber held an event at KCC and Chancellor Helen Cox indicated that there was significant number of scholarships available. He noted that one of his goals in terms of being a Police Commissioner is to help with the advancement of education and professional development. Chief Perry announced that there are five (5)new positions in the Police Department, (3) dispatchers; (1) maintenance position; (1) maintenance supervisor. Deputy Chief of Police Contrades reported that July 11, 2012 is the start of a new initiative called the Citizens Police Academy. The CPA is an interactive program designed to educate the public about KPD policies and the criminal justice system. There is no cost to participate however,the participant must be a Kauai resident, at least 18 years of age, have a valid driver's license, and no prior felonies, petty misdemeanors over 5 years, DUI convictions, or domestic violence convictions. For more information, call (808) 241-1606 or visit www.kauai.gov/police Kauai Police Commission Regular Open Session June 22, 2012 Page 6 SUBJECT DISCUSSION ACTION Communications KPC 2012-21 Communication dated 06/06/12 from Council Chair Jay Furfaro to Chair Ernest Kanekoa Jr., requesting agenda time to provide an overview and effect of the Operating Budget for FY 2012-13. Chair Kanekoa informed the Commission that a request came from Chair Furfaro to Mr. Iona moved to defer. Mr. Okami defer this matter to the July 27, 2012 meeting. seconded the motion. Motion carried 7:0 KPC 2012-22 Communication dated 05/03/12 from Chief of Police Darryl Perry to Chair Ernest Kanekoa Jr., and Commission Members, concurring with the Commission's findings that there may be preponderance of evidence to prove the allegations related to complaint KPC 2012-08. The Commission acknowledged the receipt of the communication KPC 2012-23 Communication dated 05/09/12 from Chief of Police Darryl Perry to Chair Ernest Kanekoa Jr., and Commission Members, regarding the Kauai Police Department 2012 Annual Report. On file with the Office of Boards and Commissions. The Commission acknowledged the receipt of the communication. KPC 2012-24 Communications dated 05/31/12 from Chief of Police Darr l� Pen to Chair Ernest Kanekoa Jr., and Commission Members,regarding information on the Kauai Police Department Citizens AcademL. The Commission acknowledged the receipt of the communication. KPC 2012-25 Copy of a certificate that was presented to the Emergency Response Team Storm Disaster—March 2012 from the County Council. The Commission acknowledged the receipt of agenda item CCC 2012-25 Kauai Police Commission Regular Open Session June 22, 2012 Page 7 SUBJECT DISCUSSION ACTION Business KPC 2012-26 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. KPC 2012-13 Complaint filed on 03/12/12, alleges that officers of the County and their superiors are charged with suppression and oppression of the native Indigenous Aboriginal Hawaiian Human Rights, which is a violation of International Law. Based on the information received, the Commission has determined not to sustain the complaint and had 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 2012-13 KPC 2012-14 Complaint filed on 03/12/12, alleges that officers of the County illegally stole the complainant's vehicle license plates and registration from the complainants Hawaiian government registered vehicle. Based on the information received, the Commission has determined not 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 2012-14. KPC 2012-17 Complaint filed on 04/12/12, alleges that an officer of the County violated the County of Kauai Policy Against Discrimination and Harassment, 2010 Edition. Based on the nature of the complaint, the Commission has found that the complaint is not within the Police Commission's jurisdiction. 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 2012-17. Kauai Police Commission Regular Open Session June 22, 2012 Page 8 SUBJECT DISCUSSION ACTION KPC 2012-27 Recap of the 2012 Hawaii State Police Commissioners Conference that was held at the Maui Westin Kaanapali Beach Resort from May 25-25, 2012 on Maui. Overall the Commissioners felt that the conference was very informative and keynote speaker Kathryn Olson presentations on "Mediation—An Alternative Approach to Resolving Police Complaints" and"Police Oversight Models—One Size does not fit All"was well received. Announcements Next meeting—July 27, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B followed by Executive Session. Executive At 9:40 a.m. Mr. O'Connor cited the Hawaii Revised Statutes to bring the meeting Session into Executive Session. Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) (4), and 92-5 (a) (4), 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. To deliberate and take such action as appropriate. ES-34 Executive Session Minutes of May 18, 2012 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/or liabilities as they relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission. (On- going) Kauai Police Commission Regular Open Session June 22, 2012 Page 9 SUBJECT DISCUSSION ACTION Pursuant to the Hawaii 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 Commissions and the County's powers, duties,privileges, immunities, and/or liabilities as they relate to this items. To deliberate and take such action as appropriate: ES-35 Copy of a communication dated 05/21/12 from Eric Seitz, Attorney at Law, to Deputy Chief of Police Michael Contrades, in connection with a notice of Administrative Review Board hearing that involves an officer of the County. ES-36: KPC 2012-18 Complaint filed on 05/11/12 alleging that an officer of the County conduct was unbecoming and nd unprofessional by accusing the complainant of lying and threatened to have the complainant arrested. ES-37: KPC 2012-19 Complaint filed on 05/15/12 alleging that officers of the County conduct was unprofessional by not ig ving the complainant an opportunity to provide a statement after the complainant was involved in an altercation. ES-38: KPC 2012-20 Complaint filed on 05/12/12 alleging that officers of the County conduct were negligent for failure to ,give the complainant an opportunity provide a statement after being involved in an altercation. Kauai Police Commission Regular Open Session June 22, 2012 Page 10 SUBJECT DISCUSSION ACTION ES-39: KPC 2012-21 Complaint filed on 05/17/12 alleging that an officer of the County conduct was unbecoming and nd unprofessional during an incident which involved a member of the public. Chair Kanekoa called for the motion to enter into Executive Session. At 9:45 a.m. Mr. Iona moved to enter into Executive Session. Mr. Okami seconded the motion. Motion carried 7:0 Return to Open At 11:29 a.m. the meeting reconvened in Open Session. Session Chair Kanekoa called for the motion to ratify the actions taken in Executive Session for items ES-33 through ES-39. Mr. Iona moved to ratify the actions taken in Executive Sessions by the Police Commission for agenda items ES-33 through ES-39. Mr. O'Connor seconded the motion. Motion carried 7:0 Adjournment Chair Kanekoa called for the motion to adjourn. At 11:29 a.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(Approved on 08/24/12) ( ) Approved as amended. See minutes of meeting.