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HomeMy WebLinkAbout092812_KPC Open Session_ APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date September 28, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:00 a.m. End of Meeting: 12:00 p.m. Present Chair Ernest Kanekoa, Jr.; Vice-Chair James O' Connor; Members: Charles Iona; Alfredo Nebre, Jr.; Randall Francisco; Donald Okami, Sr. Also Deputy County Attorney Jennifer Winn; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Commissioner Bradley Chiba Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of August 24, 2012. Minutes Vice Chair O'Connor moved to approve the minutes as circulated. Mr. Francisco seconded the motion. Motion carried 6:0 Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports for 2. Fiscal Report September 3. Investigative Services Bureau Report 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing Report Districts Reports 7. Personnel Orders: 2012-12 8. Chief's Announcements and Pertinent Updates Assistant Chief Alejandre Quibilan represented Chief of Police Darryl Perry, who was off island attending the 2012 National Chief of Police Conference in San Diego, California. Assistant Chief Quibilan announced that the recognition and Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 2 SUBJECT DISCUSSION ACTION commendation reports for the employee/officer of the month would be pushed back to the meeting in October. Communications KPC 2012-38 Copy of a communication dated 09/04/12 from Malcolm Fernandez Director of Personnel Services, to Chair Robert Crowell and Members of the Salary Commission, regarding performance evaluations and salary increases for executive appointees. Commissioner Iona expressed his concern that the Chief's salary increase did not go into effective on July 1, 2012 date as indicated in Salary Resolution2012-2 but, instead it became effective on August 1, 2012. He pointed out that the Salary Commission adopted the resolution on April 23rd but the Police Commission did not get the opportunity to vote for the salary increase until June 28t`at a special meeting and because of that it would have been impossible for the Police Commission to meet the deadline of 30 days. Commissioner Iona questioned whether the routing of the resolution played a part in the time lapse from the time the resolution was first adopted by the Salary Commission on April 23rd and when it was approved by Council. He explained that upon adoption of the Resolution by the Salary Commission, the County Council has up to 60 days to either make changes or approve it in its entirety. In this case, the County Council had approved the salary increase as adopted by the Salary Commission. Ms. Winn explained that the Resolution 2012-2 was adopted by the Salary Commission on April 23, 2012. Commissioner Iona asked when the Resolution went before the County Council. Ms. Winn stated that she was unsure of the date, and explained that generally after the Salary Commission issues the resolution, the County Council has up to 60 days either make changes to it and if they don't it becomes law after the 60 days. Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 3 SUBJECT DISCUSSION ACTION Commissioner Francisco asked for clarification on the timeline, because there seemed to be a gray area between the times the Salary Commission adopted the resolution which was on April 23rd and when it was approved by the County Council. He expressed his concern that there seemed to be a wide gap between the April 23rd date and that the time when the Commission received the resolution which was on June 28th at its special meeting. Commissioner Francisco indicated that since April was the initial date, and then 60 days after that would take it to the end of June. He asked why the salary increase did not take on July 1, 2012. Ms. Winn explained that a section of Resolution 2012-2 states that the salaries of certain administrative officers whose job is primarily with public safety,was amended to increase the maximum salaries effective July 1, 2012. She further explained that although this is true, the issue is in the second part of Resolution 2012-2 which states "except as expressly amended". She further explained that Resolution 2012-1 would still remain in effect and that it provides the parameters of how the salary increases are actually given. Ms. Winn stated that the Chief of Police and Deputy Chief of Police, along with the Fire Chiefs all have the possibility of a maximum raise as of July 1, 2012. She explained that according to the Administrative Policies & Procedures of the Department of Personnel Services, certain requirements must be met before the salary increases can become in effect and that is where she felt that the time delay occurred. Ms. Winn assured the Commission that they acted as soon as they could but, it still wasn't enough time for the 30 days. Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 4 SUBJECT DISCUSSION ACTION KPC 2012-39 Copy of a communication dated 09/07/12 from Chief of Police DarrMl Pen, to Malcolm Fernandez Director of Personnel Services, regarding salary increase for executive appointee Deputy Chief of Police Michael Contrades. Chair Kanekoa inquired on the status of the Deputy Chief of Police salary increase. Mr. Iona stated that the Deputy's salary increase would take effect on September 7, 2012. Business KPC 2012-40 Commissioners' recap of the 2012 Hawaii State Law Enforcement Officers Association Conference held on September 20-21, 2012 at the Sheraton Waikiki Resort, Honolulu Hawaii. Chair Kanekoa and Commissioner Iona reported on the various agenda items that were presented; one particular item that they found interesting was the presentation by retired police officer Chris Bucay, on computer investigations and forensics. Commissioner Francisco commented that he would often hear from the Chambers business members who are conducting background and security checks on its employees, and although he felt that it was important, he thought his own experience found that it had some flaws because not all of the information that appears on the report is true. Vice-Chair O'Connor stated that the Commission should be very proud of the Kauai Police Department and the representation from the Police Commission. He felt that everyone did great and were well received and that Kauai was prominent in all of the discussions. Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 5 SUBJECT DISCUSSION ACTION KPC 2012-41 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County It was noted by Staff that numbers ES-36 and ES-37 should have read as ES-44 and ES-45. ES-36: KPC 2012-22 Complaint filed on 06/14/12 alleges that an officer of the County fabricated and falsified statements just to issue the complainant a traffic citation. 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 of Police for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-22. ES-37: KPC 2012-23 Complaint filed on 06/14/12 alleges that an officer of the County denied the complainant's right to due process when the complainant tried to obtain a status Report regarding stolen property. 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 of Police for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2012-23. Announcements Next meeting: October 26, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A/2B followed by Executive Session. Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 6 SUBJECT DISCUSSION ACTION Executive At 9:23 a.m. Vice Chair O'Connor cited the Hawaii Revised Statutes to Session bring the meeting into Executive Session. Pursuant to the Hawaii Revised Statutes §92-4, 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 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-48 Regular Executive Session Minutes of August 24, 2012 ES-33 Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) (2) and(4), the purpose of this Executive Session is for the Commission to consult with its attorney on issues 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. (On-going) Pursuant to 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 officer or employee of the County where consideration of matter affecting privacy will be involved, provided that if the individual concerned requests an open meeting and 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 September 28, 2012 Page 7 SUBJECT DISCUSSION ACTION ES-46 Discussion and deliberation regarding hearing procedure for Report of an Investigation on Issues in the Kauai Police Department for the County of Kauai dated June 28, 2012. (On-going) ES-47: KPC 2012-24 Complaint filed on 8/01/12 alleges that officers of the County used extensive force, abused authority, and conducted an invalid search without a search warrant. (Deferred on 8/24/12) ES-49: KPC 2012-25 Complaint filed on 8/23/12 alleging that an officer conduct was unprofessional when the officer refused to accept the complainant's written statement and did not allow the complainant to speak. ES-50 Discussion and decision-making on the 2012 performance evaluation for the Chief of Police. (a) Status of the Kauai Police Department Goals for 2012 (b) Department of Personnel Services Administrative Policies & Procedures (c) Selection of potential Stakeholders (d) Draft letter to Stakeholders (e) Stakeholders Input Form for the Chief of Police ES-51 Communication dated 9/13/12 from Attorney Daniel Hempey, Esq. to the Kauai Police Commission regarding a request for preservation of evidence. Kauai Police Commission Regular Open Session Minutes September 28, 2012 Page 8 SUBJECT DISCUSSION ACTION Chair Kanekoa called for a motion to enter into Executive Session. Vice-Chair O'Connor moved to enter into Executive Session. Mr. Iona seconded the motion. Motion carried 6:0 At 9:25 a.m. the Commission entered into Executive Session. Return to Open At 12:00 p.m. the Commission reconvened into Open Session. Session to Ratify the Actions Chair Kanekoa called for a motion to ratify the actions taken in Executive taken in Session. Mr. Iona moved to ratify the actions taken in Executive Executive Session for items: ES-33, ES-46, ES- Session 47, ES-48, ES-49, ES-50, and ES-51. Adjournment At 12:00 p.m. Chair Kanekoa called for a motion to adjourn the meeting. Mr. Iona moved to adjourn. Mr. Nebre 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 October 26, 2012. ( ) Approved as amended. See minutes of meeting.