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HomeMy WebLinkAbout122812_KPC OPEN SESSION_APPROVED_1m(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved on 1/28/12 Board/Committee: KAUAI POLICE COMMISSION Meeting Date December 28, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:01 a.m. End of Meeting: 12:53 p.m. Present Chair Ernest Kanekoa, Jr.; Vice-Chair James O'Connor; Members: Charles Iona, Alfredo Nebre, Jr., Bradley Chiba, Randall Francisco; and Donald Okami, Sr. Also present: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades. Public Testimony: Mr. Glenn Mickens Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:01 a.m. Public Glenn Mickens, member of the public, read his written testimony Testimony which is attached hereto. He thanked the Commission members for their voluntary work and the police officers for placing their lives on the line each day to protect the public. Mr. Mickens commended Chief Darryl Perry for his leadership in the Kauai Police Department. Mr.Mickens strongly stated his support in the Commission's effort in wanting to move forward with an appeal. He indicated that the duty of the Police Commission is to hire and fire the Police Chief which should go hand in hand with any disciplinary action taken against the Chief as the Charter intended it to be. Commissioner Francisco stated that one must not forget that the real power and authority comes from the public. He indicated that as President of the Kauai Chamber of Commerce he has approximately 80 chamber members who serve on various Boards and Commissions. He thanked Mr. Mickens for his testimony and acknowledged the Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 2 SUBJECT DISCUSSION ACTION other members of the public who are busy working and do not have the luxury to come to these meetings to testify. Chief Perry thanked Mr. Mickens for stepping up to the plate by coming to these meetings to give testimony. Chief Perry indicated that he agrees with Commissioner Francisco's statement that the people are the reason the Commission is moving forward with the appeal. Approval of ■ Special Open Session Minutes of November 14, 2012 Minutes ■ Regular Open Session Minutes of November 30, 2012 Chair Kanekoa called for a motion to approve the meeting minutes. Vice-Chair O'Connor moved to approve the meeting minutes of 11/14/12 as circulated. Commissioner Nebre seconded the motion. Motion carried 7:0 Vice-Chair O'Connor moved to approve the meeting minutes of 11/30/12 as circulated. Commissioner Okami seconded the motion. Commissioner Iona stated that today is bittersweet as Kauai Motion carried 7:0 prepares to bid a fond aloha to Senator Daniel Inouye. He stated that for many years Senator Inouye has been a strong supporter on the federal level for all local law enforcement agencies in which the Kauai Police Department has benefitted from. His leadership would not be forgotten. Employee Recognition Employees of the month for November: Lieutenant Paul Applegate and Sergeant Elliott"Kalani"Ke. (Deferred on 11/30/12) Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 3 SUBJECT DISCUSSION ACTION Deputy Chief of Police Michael Contrades recognized both officers for being an integral part in the success of the Citizens Police Academy. He stated that in addition to their normal assigned duties as investigators in the Internal Affairs Unit, both officers were tasked with the organization of class schedules, management of the new recruits, background checks for each applicant, drafting the necessary correspondence to academy hopefuls, and management of every weekly class. In October 2012, the Police Department graduated its first Citizens Police Academy class. Chief Perry commended both officers for their outstanding and exemplary service in making the Citizens Police Academy a success. He presented the officers with a Certificate of Appreciation in recognition of their professionalism and service in the community. ■ Employees of the month for December: Acting Assisting Chief Sherwin"Kaleo"Perez; Acting Captain Dan Miyamoto; Lieutenant Robert Gausephol; Sergeants Darla Abbatiello. Christopher Calio, and Roderick Green; Officer Alan Santella; Background Investigators Howell Kalehano, Paul Baumung, Eric Arroyo, and Karen Padilla; Background Clerk Sheri Nakashima; Department of Personnel Assistant Vivian Akina; and Fiscal Officer Daurice Arruda. ■ Certificates of Appreciation: Dr. David Corey, Psychologist; Polygraphist Brian Fujiuchi; Department of Human Resources Staff. Malcolm Fernandez, Thomas Takatsuki, Joyce Schuierer, Erin Takekuma, Kathy Tanita, Crystal Fujikawa, and Telissa A bulos. Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 4 SUBJECT DISCUSSION ACTION Deputy Chief of Police Michael Contrades recognized the employees of the month for December for being instrumental in the hiring of the new police officers. He indicated that in April 2012 they were given the challenge of hiring new police officers by the end of 2012. He explained that through their collective ingenuity, tenacity and team work in revamping the whole recruitment process to make it more streamline and timely, they were able to complete their mission. On December 31, 2012, the Kauai Police Department will start its largest recruitment class in the history of the Kauai Police Department. Deputy Chief Contrades also thanked the Department of Personnel Services, as well as other private contractors. He stated that without these individuals this process would have been much more of a challenge. Chief Perry recognized Deputy Chief Michael Contrades for his outstanding leadership in making the recruit process a success. Commissioner Francisco acknowledged all of the individuals who were an intricate part in accomplishing this important benchmark for the Police Department. He stressed the importance of supporting the Police Department to ensure that funding is available for continued recruitment. Commissioner Iona echoed Commissioner Francisco's sentiments. He pointed out that there has always been a question about recruitment at the County Council level as to why it was so low. He thanked the department for its outstanding job on behalf of the Police Commission. Commendation There were one memorandum of commendation dated 11/29/12 from James and Susan Fain, thanking Officers Christian Jenkins, Aaron Bandmann and Clayton Okamoto for their professionalism and exemplary response to an ongoing situation. Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 5 SUBJECT DISCUSSION ACTION Introduction of Prosecutor Justin Kollar said that his administration is committed to newly elected cooperation and partnership with the Police Department. He explained that Prosecuting his deputies will be working with the new police recruits and give them a Attorney Justin clear understanding of the Hawaii Penal Code. He said that recent Kollar challenges in logistics, personnel, and resources have been overcome with the assistance of the Police Department. He indicated that his office will be restarting its weekly meetings with Detectives in the Police Department to help staff bring cases to court more quickly and to aid with investigations. Mr. Kollar proudly introduced several of his Deputy Prosecuting Attorneys. He stated that the mission of the Office of the Prosecuting Attorney is to promote fair, impartial and expeditious pursuit of justice in every case, and to ensure safer communities and promote integrity within their profession and to temper justice with compassion and to do their work in an open, transparent and accountable way. Chiefs Monthly 1. Administrative, Technical Services & Training Reports/Orders Reports 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 7. Chief Announcements Chief Perry alerted the public of a recent"Nigerian Scam" in which the con artist works over the phone targeting the elderly and the vulnerable that are on a financially difficult situation. He informed the Commission about a video link which offers voice and transcript samples of how a scam artist operates. Chief Perry sadly announced that a recent accident claimed the life of a motorcyclist. He stated that this fatality became the eighth of the year for Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 6 SUBJECT DISCUSSION ACTION Kauai. He advised the public to drive safely, wear their seatbelts, and not to use their cell phone while driving. Chief Perry stated that there has been a rash of copper thefts in which the perpetrators stole $8000 worth of copper. He recommended that the public and private businesses take the necessary precautions and report any suspicious activity to the police. Chief Perry sadly announced the recent Newtown, Connecticut massacre at the Sandy Hook Elementary School. He informed the viewing public that the Kauai Police Department has a website available which will link you to a YouTube video instructing people on what actions to take should an event like this happen on Kauai. Communications KPC 2012-48 Communication dated 11/27/12 from James and Susan Fain to Chief Darryl Perry, thanking Sergeant Christian Jenkins; Officers Aaron Bandmann and Clayton Okamoto for helping them with an on-going dispute with a neighbor. Commissioner Iona moved to receive. Chair Kanekoa called for a motion to receive item KPC 2012-48. Commissioner Nebre seconded the motion. Motion carried 7:0 KPC 2012-49 Copy of a news release dated 12/11/12 regarding the names of the newly elected Officers of the Honolulu Police Commission. Chair Kanekoa called for a motion to receive item KPC 2012-49. Commissioner Iona moved to receive. Vice- Chair O'Connor seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 7 SUBJECT DISCUSSION ACTION Business KPC 2012-50 Approval of the 2013 Kauai Police Commission Meeting Schedule. Chair Kanekoa called for a motion to approve the 2013 Meeting Schedule Commissioner Iona move to approve the 2013 as circulated. Police Commission meeting schedule as circulated. Commissioner Okami seconded the motion. Motion carried 7:0 KPC 2012-51 Election of Chair and Vice-Chair for 2013 Chair Kanekoa opened the floor for nominations for 2013 Police Commissioner Iona moved to nominate Vice- Commission Officers. Chair O'Connor as Chair. Commissioner Nebre seconded the motion. Motion carried 7:0 Commissioner Iona Nebre moved to nominate Commissioner Iona as Vice-Chair. Vice-Chair O'Connor seconded the motion. Motion carried 7:0 KPC 2012-52 Discussion on the logistics of the State of Hawaii Police Commissioners Conference hosted by the Kauai Police Commission on May 2013. Deputy County Attorney Jennifer advised the Commission to select three (3) Commission members to form a Permitted Interaction Group. She explained that two to three members of the Commission may discuss between themselves matters relating to official Commission business and the findings and recommendations must be presented to the Commission at its next scheduled meeting. Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 8 SUBJECT DISCUSSION ACTION Chair Kanekoa asked if there were any members who would like to volunteer to serve on the committee. Ms. Winn stated that it would be Commissioner Iona moved to nominate better for the Commission that they vote to confirm the members. Commissioners O'Connor, Francisco, and Nebre to form a Permitted Interaction Group. Commissioner Chiba seconded the motion. Motion carried 7:0 KPC 2012-53 Public announcement for a Police Commission notarized complaint that was filed against an officer of the County. Complaint filed on 10/19/12 alleges that an officer of the County improperly handled a report of an assault which resulted in the complainant's wrongful arrest. Based on the information received, the Commission found that there was insufficient information 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 concluded the Commission's review of complaint KPC 2012-27. Announcements Next meeting is scheduled for Friday, January 25, 2013 at 9:00 a.m. or shortly thereafter at the Mo'ikeha Building, Meeting Room 2A/2B— Executive Session to follow. Executive At 9:57 a.m. Vice-Chair O'Connor cited the Hawaii Revised Statutes to Session bring the meeting into Executive Session. ES-33 Pursuant to the Hawaii Revised Statutes §924 and 9a (2) and(4), the purpose of this Executive Session is for the Commission to consult with its attorney, any relate to the powers, duties, privileges, immunities, and liabilities relating to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission. (On-going) Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 9 SUBJECT DISCUSSION ACTION ES-46: Pursuant to the Hawaii Revised Statutes §92-4 and 9a (2) and(4), the purpose of this Executive Session is for the Commission to consult with its attorney, any relate to the hire, evaluation, dismissal, or discipline of an officer or employee of charges ght against the officer or employee, where consideration of matters 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 its attorney on matters relating to a hearing procedure for Report of Investigation on Issues in the Kauai Police Department for the County dated June 28, 2012, where it involves consideration of powers, duties, privileges, immunities, and/or liabilities (On-going) Pursuant to Hawai'i Revised Statute W24, 92-5 (a) (4), 92-9 (a) (1-4) (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 Count's powers, duties, privileges, immunities, and/or liabilities as they may relate to these items, and to deliberate and take such action deemed appropriate: ES-60 • Special Executive Session Minutes of November 14, 2012 • Regular Executive Session Minutes of November 30, 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 an officer or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 10 SUBJECT DISCUSSION ACTION 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 these items, and to deliberate and take such actions deemed appropriate: ES-59: KPC 2012-28 Notarized complaint filed on 10/19/12 alleging that an officer of the Coup . was unprofessional by using intimidation tactics, abused authoritL and made threatening remarks. (Deferred on 11/30/12) ES-61: KPC 2012-29 Notarized complaint filed on 12/3/12 alleging that an officer of the County was unprofessional by the way he directed his remarks to the complainant in denying that he had never seen the complainant's car insurance papers. ES-62: KPC 2012-30 Notarized complaint filed on 12/10/12 alleging that officers of the County did nothing while a violation was occurring_ ES-63 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 their powers, duties,privileges, immunities, and liabilities as they may relate to a communication from the Hawaii Department of Labor and Industrial Relations dated December 7, 2012, addressed to the County Attorney's office. At 10:02 a.m. the Commission entered into Executive Session. Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 11 SUBJECT DISCUSSION ACTION Return to Open At 12:53 p.m. the Commission reconvened in Open Session. Session to ratify the actions taken Vice-Chair O'Connor called for a motion to ratify the actions taken in Commissioner Iona moved to ratify the in Executive Executive Session for items ES-33, ES-46, and ES-59 through 63. Commission's actions taken in Executive Session Session. Commissioner Nebre seconded the motion. Motion carried 6:0 ES- 33 and ES-46: On-going ES-59: Motion not to sustain the complaint carried 5:0; with two (2) Commissioners recusing themselves. ES-60: Motion to approve carried 7:0 ES-61: Motion to defer carried 5:0; with two (2) Commissioners recusing themselves. ES-62: Motion to defer carried 5:0; with one Commissioner recusing himself and one Commissioner who left the meeting due to a prior commitment. ES-63: 1) Motion to take an informal action carried with (4) ayes and(1)nay; with one Commissioner recusing himself and the other who left the meeting due to a prior commitment; 2) Motion to receive all three (3) communications as submitted carried 5:0 with one Commissioner recusing himself and one Commissioner who left the meeting due to a prior commitment. Kauai Police Commission Regular Meeting Minutes - Open Session December 28, 2012 Page 12 SUBJECT DISCUSSION ACTION Adjournment Vice-Chair O'Connor called for a motion to adjourn the meeting. At 12:53 p.m. Commissioner Iona moved to adjourn the meeting. Commissioner Nebre seconded the motion. Motion carried 6:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk James O'Connor, Chair Elect (X) Approved as circulated on January 25, 2013. ( ) Approved as amended. See minutes of meeting.