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HomeMy WebLinkAbout062812_SPECIAL MEETING_OPEN_Approved1m bd tt COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date June 28, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:05 A.M. End of Meeting: 9:28 A.M. Present Chair Ernest Kanekoa Jr; Vice-Chair James O'Connor; Members: Charles Iona; Donald Okami Sr.; and Bradley Chiba(arrived at 9:20 a.m.) Also Deputy County Attorney Jennifer Winn; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Commissioner Randall Francisco Absent SUBJECT DISCUSSION ACTION Call To Order With four(4) members present and quorum ascertained, Chair Kanekoa called the meeting to order at 9:05 a.m. Business KPC 2012-28 Discussion and decision-making on whether to approve a salary increase for the Chief of Police and Deputy Chief of Police, as voted won by the County Council under Salary Resolution 2012-2, which takes effect on July 1, 2012. Mr. Iona moved to accept the increase salary for the Chief of Police and Deputy Chief of Police. Mr. O'Connor seconded the motion. Ms. Winn pointed out that although the agenda item states whether to approve the salary increase for the Police Chief and the Deputy Police Chief, the Police Commission only has the authority over the Police Chief and can only set the salary for the Police Chief and not the Deputy Police Chief. Ms. Winn further indicated that Resolution 2012-2 as developed by the Salary Commission gives the ceiling for the Police Chief's salary of $114,490 to be effective July 1, 2012, which is the maximum that this Kauai Police Commission Special Meeting- Open Session June 28, 2012 Page 2 SUBJECT DISCUSSION ACTION appointing authority can grant the Police Chief. Ms. Winn also pointed out that in the original Resolution 2012-1 subsection (d) Requirements for salary increase the salary increase for any non-elected officer or employee occupying and continuing in a position listed in this resolution is contingent on the Director of Personnel's receipt of the following: 1) A memo from the officer's or employee's appointing authority at least thirty(30) days prior to the increase certifying that appointee's performance has been evaluated pursuant to procedures established by the Director of Personnel. 2) A copy of the officer's or employee's completed performance evaluation evidencing that the appointee has met or exceeded job requirements for the appraisal period. 3) Based on the evaluation results, the appointing authority's recommendation on whether a proposed increase should be granted. The appointing authority may recommend an increase for an officer or employee occupying a position at a figure below the proposed salary increase provided for this resolution. Ms. Winn informed the Commission that Staff has confirmed that the Chief's performance evaluation was completed in October 2011 and that no evaluation is needed at this point. Ms. Winn indicated that if the Police Commission votes to approve the Chief's salary increase, the Director of Personnel would need to receive the approval letter thirty(30) days prior to the increase to become effective August 1, 2012. Kauai Police Commission Special Meeting- Open Session June 28, 2012 Page 3 SUBJECT DISCUSSION ACTION Based on the information provided by Ms. Winn, Chair Kanekoa called for Mr. Iona withdrew his original motion. Mr. the withdrawal of the original motion. O'Connor withdrew his second. Chair Kanekoa called for the new motion. Based on the information provided by Deputy County Attorney Winn, Mr. Iona moved to approve the maximum salary cap of$114,490 as indicated in Resolution 2012-2 for the Chief of Police. Mr. Okami seconded the motion Motion carried 4:0 Mr. Iona moved to expedite the process for the salary increase for the Chief of Police to become effective August 1, 2012. Mr. Okami seconded the motion. Motion carried 4:0 Chair Kanekoa requested that Ms.Winn draft a letter to the Director of Personnel Services to inform him of the Police Commission's recommendation that the proposed salary increase to $114,490 for the Chief of Police be granted. In regard to the salary of the Deputy Chief of Police, Mr. Iona questioned whether it would be appropriate to make a motion that would give the Chief of Police the authority to increase his salary. Ms. Winn indicated that it would not be necessary because the Chief of Police already has that authority. Kauai Police Commission Special Meeting- Open Session June 28, 2012 Page 4 SUBJECT DISCUSSION ACTION KPC 2012-29 Discussion and decision-making on whether to change the Performance Evaluation period for the Chief of Police to a calendar. Mr. Iona questioned whether it would be appropriate to change the performance evaluation period for the Police Chief to a calendar year or leave it as it currently stands. Ms. Winn pointed out that the Chief's performance evaluation period should done at the time of the budgetary process because the Mayor needs to submit his budget to the County Council by May 15th and that he needs to know whether or not raises have to be factored into the budget. Mr. Iona moved to change the Chief of Police's performance evaluation period to align with the calendar year. Mr. O'Connor seconded the motion. At 9:20 a.m. Mr. Chiba entered the meeting. After further discussion, the Commission determined not to change the Chief's performance evaluation period, and would leave it as recommended by the Director of Personnel Services that all performance evaluations be completed before the October 30th deadline. Mr. Iona withdrew his original motion. Mr. O'Connor withdrew his second. Mr. Iona moved that the Police Commission keep the Chief of Police's performance evaluation period the same for proper submittal to the Director of Personnel Services and for budgetary purposes. Mr. O'Connor seconded. Motion carried 5:0 Kauai Police Commission Special Meeting- Open Session June 28, 2012 Page 5 SUBJECT DISCUSSION ACTION Announcements Next regular 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 9:18 am. Mr. O'Connor cited the Hawaii Revised Statutes to bring the Session meeting into Executive Session: ES-40 Pursuant to the Hawaii Revised Statutes §92-4 and 9 (a) (2) and(4), the purpose of this Executive Session is for the Commission to review and discuss communication dated 06/22/12 from Deputy County Attorney Guyot to Chief of Police Darryl D. Perry, regarding a matter relating to workers compensation claims, and the notice of the proposed Administrative Review Board hearing for an officer of the County. The purpose for this Executive Session is for the Commission to consult with its attorney on its powers, duties, privileges immunities, and liabilities as they may relate to this agenda item and to take action the Commission deemed necessary. Chair Kanekoa called for the motion to enter into Executive Session. At 9:18 a.m. Mr. O'Connor moved to enter into Executive Session. Mr. Okami seconded the motion. Motion carried 5:0 Return to Open At 9:28 a.m. the meeting reconvened in Open Session. Session to ratify the actions taken Chair Kanekoa called for the motion to ratify the actions taken in Mr. Okami moved to ratify the actions taken by in Executive Executive Session. the Police Commission in Executive Session. Session Mr. Chiba seconded the motion. Motion carried 5:0 Kauai Police Commission Special Meeting- Open Session June 28, 2012 Page 6 SUBJECT DISCUSSION ACTION Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 9:28 a.m. Mr. O'Connor moved to adjourn. Mr. Chiba seconded the motion. Motion carried 5:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa, Chair ( ) Approved as circulated(Approved on 08/24/12) ( ) Approved as amended. See minutes of meeting.