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HomeMy WebLinkAbout102612_KPC_Minutes_Open Session_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date October 26, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:00 a.m. End of Meeting: 10:42 a.m. Present Chair Ernest Kanekoa, Jr.; Vice-Chair James O'Connor; Members: Alfredo Nebre, Jr.; Bradley Chiba; Randall Francisco; and Donald Okami, Sr. Also present: Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chiefs Alejandre Quibilan and Roy Asher; Lieutenants Paul Applegate Dan Miyamoto, and Karen Kapua; Sergeant Richard Rosa; Technical Sergeant Johnette Chun; Officer Damien McCallum; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami. Excused Commissioner Charles Iona 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 September 28, 2012 Vice-Chair O'Connor moved to approve. Minutes Commissioner Nebre seconded. Motion carried 6:0 Recognition Employee of the month for September, • Technical Sergeant Johnette Chun, member of the Hawaii Air National Guard, was recognized by Lieutenant Karen Kapua, for her valuable support that she provides in the Police Department. Ms. Chun assists the narcotics enforcement unit as a counterdrug support liaison and is instrumental in many facets of the unit and its operations. Employee of the month for October, • Officer Damien McCallum was recognized by Lieutenant Richard Rosa. Officer McCallum initiated a two-day police detail utilizing a squad of three officers to locate and arrest six individuals who were wanted on a total of 32 drug-related charges and one criminal Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 2 SUBJECT DISCUSSION ACTION contempt of court. In recognition of Officer McCallum's outstanding service to the community and the Kauai Police Department, Chief Perry presented him with a Certificate of exemplary service for the apprehension and arrest of these individuals. Recognition of Citizens Police Academy Graduate, • Royce Allianic, a student at the Kauai Community College in Puhi, was recognized by Lieutenant Paul Applegate, for successfully completing the first Citizens Police Academy class. Chief Perry presented Mr. Allianic with a Certificate of achievement. Chair Kanekoa gave his heart felt prayers out to Commissioner Iona who will be undergoing open heart surgery sometime next week. He encouraged the members if they have a chance to give Commissioner Iona a call because he would probably be happy to hear from them. Presentation • Council Chair Jay Furfaro on Loss Prevention and Public Safety Issues for Hanamaulu Beach Park Chiefs Monthly I. Administrative, Technical Services & Training Reports/Orders and Quarters 2. Fiscal Report Reports for 3. Investigative Services Bureau October 4. Patrol Services Bureau &Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports 7. Personnel Orders: 2012-11 and 2012-12 8. Chief's Announcements and Pertinent Updates • Chief Perry announced that the Police Department is in the process of completing its second Citizens Police Academy class. Chief Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 3 SUBJECT DISCUSSION ACTION Perry expressed his appreciation by thanking all the individuals responsible in making this program a success. • Senior citizens meetings were held throughout the various communities. The purpose of these meetings is to hear their concerns on different issues especially public safety issues. Chief Perry thanked the Commissioners who participated in these meetings. • Officer Troy Sakaguchi was selected as Kauai Police Department "Top Cop" of the year. This recognition stems from events from a year ago in Waimea where Officer Sakaguchi saved the lives of some people. A banquet was held on Oahu in honor of all of the "Top Cops"throughout the State. December Retirements • Audrey Silva, of the Department's Records Division will be retiring after 32 years of service with the Department. • Lieutenant Michael Gordon, served as the trainer in the Department, he will be retiring after 25 years of service. • Lieutenant Daniel Fort, of the Investigative Services Bureau, with 25 years of service. • 82nd Police Recruit Class will be graduating on Friday,November 2nd The ceremony will start at 6:00 p.m. with the doors opening at 5:30 p.m. The event will be held at the Kauai Beach Resort, Jasmine Ballroom. Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 4 SUBJECT DISCUSSION ACTION • The Police Department will step up on its enforcement by having roadblocks for the upcoming holiday season. Last year, there were seven fatalities with the most recent involving a moped rider. • Chief Perry wished Commissioner Iona and his family all the best for a speedy recovery. Commendation Report A letter of commendation dated 10/12/12 from Lt. Paul Applegate, who wrote to thank these individuals who provided various support for the 1St Citizens Police Academy Class. Their support included instruction, participation and/or scheduling. • Lieutenants: Robert Gausephol, Michael Gordon, Randolph Chong Tim, and Todd Tanaka • Detectives: James Miller, Kenneth Cummings, Vicki Fonoimoana, Bernard Purisima, and James Rodriguez • Sergeants: Elliot Ke, Mark Ozaki, Christopher Calio, Roderick Green, Jason Overmyer, and Darren Rose • Officers: Alan Santella, Arnold Cayabyab, Kapena Wilson, Shawn Hanna, Ray Takekawa, John Mullineaux, Michael Nii, Mark Stuple, Chad Cataluna, Bruce Nance, George Laccone, Jonathan Bonachita, Mamie Fernandez, Anthony Abalos, Darin Irimata, and Troy Sakaguchi • Kathleen Langstad, Scott Yamaguchi, Regina Kaulukukui, and Shei Nakashima Communications KPC 2012-42 Communication dated 09/26/12 from Chief of Police Darryl Perry, to Chair Kanekoa and Members of the Kauai Police Commission, regarding the 2"d Citizens Police Academy revised class schedule. Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 5 SUBJECT DISCUSSION ACTION Chief Perry informed the Commissioners that there are 10 new members and one of them is Theresa Koki from the Mayor's office. Chief Perry encouraged the Commissioners to attend at least one of the classes if their schedule permits. Business KPC 2012-43 Commissioner Chiba's recap of the 18th Annual 2012 National Association for Civilian Oversight of Law Enforcement Conference`Building Community Trust", held on October 14-18, 2012 at the Westin San Diego, San Diego, California. Commissioner Chiba reported that conference was setup in a way in which numerous classes were offered at the same time. He tired to pick the classes that were closely related to issues surrounding the Kauai Police Department. Each of the classes had its own keynote speaker and panelists who focused on a specific issue. One class in particular that he found most interesting was a class on how to assess an investigation. The class provided information on how to conduct a proper investigation by being non-biased, fact based and most importantly the investigation needs to be credible. Commissioner Chiba stated that the Kauai Police Commission should continue to send at least two attendees to the conference every year, because it offers an opportunity to meet other Commissioners and officials throu hout the nation. KPC 2012-44 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. ES-47: KPC 2012-24 Complaint filed on August 1, 2012, alleging that Officers of the County used excessive force, abused their authority, and conducted search without Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 6 SUBJECT DISCUSSION ACTION a valid search warrant. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint of abuse of authority, and conducted a search without a search warrant. The complaint has been forwarded to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2012-24. ES-49: KPC 2012-25 Complaint filed on August 23, 2012, alleges Conduct Unbecoming of an Officer when he refused to accept the complainant's written statement and by not giving the complainant the time to speak. Based on the information received, the Commission found that there was sufficient information to sustain the complaint and has forwarded the complaint to the Office of the Chief for further review. This officially concluded the Commission's review of complaint KPC 2012-25. Announcements Next meeting—9:00 a.m. on Friday,November 30, 2012 at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Executive Session At 10:06 a.m. Vice-Chair O'Connor cited the Hawaii Revised Statutes to bring the 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 Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 7 SUBJECT DISCUSSION ACTION ES-52 Regular Executive Session Minutes of September 28, 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 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 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: ES-46 Discussion and deliberation regarding hearing procedure for Report of Investigation on Issues in the Kauai Police Department for the County of Kauai dated June 28, 2012. (On-going) (a) Communication dated 10/2/12 from Chair Ernest Kanekoa, Jr., to Mr. Richard Nakamura. (b) Communication dated 10/5/12 from Mr. Richard Nakamura, to the Office of Boards and Commissions. Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 8 SUBJECT DISCUSSION ACTION ES-53 Report from Chief of Police Darryl Perry, to Chair Kanekoa, on the disposition of the Police Commission complaints filed by citizens, from January 1, 2012 to September 30, 2012. ES-54 Report from Chief of Police Darryl Perry, to Chair Kanekoa, on the disposition of the Kauai Police Department's Internal Investigations. from January 1, 2012 to September 30, 2012. ES-55 Report from Chief of Police Darryl Perry, to Chair Kanekoa, regarding an overview of internal investigations of the Police Commission and the Police Department, from January 1, 2012 to September 30, 2012. ES-56 Fax of an informal non-notarized complaint received on 09/27/12, regarding an incident in August 2012 in which the complainant felt that the officer's handling of the situation was done improperly, which resulted in the complainant's arrest. ES-57: KPC 2012-26 Complaint filed on 09/27/12 alleging that officers of the County harassed the complainant by their constant questioning and remarks during a traffic stop. Commissioner Okami moved to enter into Chair Kanekoa called for a motion to enter into Executive Session. Executive Session. Commissioner Chiba seconded the motion. Motion carried 6:0 Kauai Police Commission Regular meeting- Open Session October 26, 2012 Page 9 SUBJECT DISCUSSION ACTION At 10:10 a.m. the Commission entered into Executive Session. Return to Open At 10:42 a.m. the Commission reconvened in Open Session. Session to ratify the actions taken Chair Kanekoa called for a motion to ratify the actions taken by the Commissioner Okami moved to ratify the in Executive Commission in Executive Session. actions taken in Executive Session for items ES- Session 33, ES-46, and ES-52 through ES-57. Commissioner Finlay seconded the motion. Motion carried 6:0 Adjournment Chair Kanekoa called for a motion to adjourn the meeting. Commissioner Okami moved to adjourn. Vice-Chair O'Connor seconded the motion. Motion carried 6:0 The Commission adjourned the meeting at 10:42 a.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa, Jr., Chair (X)Approved as circulated on 11/30/12. ( ) Approved as amended. See minutes of meeting.