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HomeMy WebLinkAbout113012_KPC OPEN SESSION_APPROVED 1m(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date November 30, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:02 a.m. End of Meeting: 12:03 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 Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami. Public testimony: Mr. Glenn Mickens; Mr. Ken Taylor; Mr. Joe Rosa; and Assistant Chiefs Roy Asher and Alejandre Quibilan. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:02 a.m. Public • Glenn Mickens,member of the public,read his written testimony as it Testimony relates to item ES-33,which is attached hereto. He stated that he had serious concerns about the issue related to the Declaratory Ruling in which the Judge denied the Police Commission's motion for a Summary Judgment to determine the powers of the Mayor and the powers of the Police Commission. He thanked the Police Commission for the work that they do for the people of Kauai and encouraged them to appeal the 5th Circuit Court decision and get a ruling that will keep the powers where they were meant to be. • Ken Tam member of the public, voiced his concerns about the Judge's ruling as it relates to the powers of the Police Commission. He indicated that he was not happy with the ruling because he felt that the power to discipline the Chief of Police should be within the purview of the Police Commission. He stated his support of the Commission should they decide to take the issue to a next level. Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 2 SUBJECT DISCUSSION ACTION • Joe Rosa,member of the public,voiced his concerns that the Judge's ruling, which gives the power to suspend the Chief of Police to the Mayor, should have never happened. He stated that the Labor law states that no one can be fired, suspended or dismissed without just cause. He indicated that the matter should have gone through the proper channel by the way of Union Stewardship and not be handled by the Administration. Commissioner Francisco acknowledged the gentlemen for taking the time to attend public meetings to voice their views on various issues of interest. He stated that although he understood their concerns about the Statewide implications regarding the Declaratory Ruling that his duty today is to stay focused on Kauai. Additionally,Commissioner Francisco shared with the Commission a book on the biography of Justice Edward Nakamura;the book is about Hawaii's social and labor history in that there are two sides to every story and what we hear and read sometimes is not always true, and that other components are false. Commissioner Iona expressed his thankfulness to both gentlemen for their sincere comments and concern on his recent surgery. He echoed Commissioner Francisco's comments regarding their interest in public issues by attending various County Council meetings as well as Commission meetings. Approval of Regular Open Session Minutes of October 26, 2012 Minutes Special Open Session Minutes of October 30, 2012 Commissioner Nebre moved to approve the minutes of 10/26/12 as circulated. Vice-Chair Chair Kanekoa called for a motion to approve the minutes. O'Connor seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 3 SUBJECT DISCUSSION ACTION Commissioner Nebre moved to approve the minutes of 10/30/12 as circulated. Vice-Chair seconded the motion. Motion carried 7:0 Recognition and Employees of the month for November: Commendation • Lieutenant Paul Applegate Reports • Sergeant Elliott Ke Chair Kanekoa informed the Commission that both officers are on the mainland attending a training seminar and suggested the Commission defer this matter to the December meeting. Assistant Chief Alejandre Quibilan reported on behalf of Chief Perry who is off island that there were three (3) letters of commendation involving six (6)personnel in the Kauai Police Department. • Sergeant Scott Brede and Officer Chito Garduque were commended by Glenn and Doreen Tanaka for their assistance in helping Cub Scouts (Bear Den) Pack 133 complete a requirement in the police field. • Lieutenant Dan Fort was commended by Ms. Julie Ebato, Administrator for the Crime Prevention & Justice Division Department of the Attorney General, for his assistance in planning the Law Enforcement Response to Violence against Women Statewide training. • Assistant Chief Roy Asher and Detectives Bryson Ponce and James Miller were commended by Chief Darryl Perry for their professionalism, dedication and diligence with respect to an investigation. Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 4 SUBJECT DISCUSSION ACTION Chief s Monthly and Quarterly 1. Administrative, Techincal 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's Announcements and Pertinent Updates Commissioner Randall Francisco commented that it is always positive to hear news about what the front line employees are doing. He stated that although he does not know the officers personally he wanted to show his appreciation by thanking them for their outstanding service in the community especially as the holiday season approaches. Assistant Chief Quibilan reported that during this holiday season the Kauai Police Department will be stepping up its traffic enforcement efforts by having routine DUI(Driving Under the Influence) check points. He reminded the public that for their safety as well as the safety of others to make good decisions and not drink and drive. Assistant Chief Quibilan reported that the Kauai Police Department will be assisting Council Services with traffic enforcement and security during the Inauguration Ceremonies at the War Memorial Convention Hall on December 3rd. And on December 7th the Kauai Police Department will be participating in the Lights on Rice Christmas Parade and the Waimea Lighted Christmas parade on December 22nd. He invited the Commissioners to join them and walk in the parade with the KPD Ohana. Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 5 SUBJECT DISCUSSION ACTION Communications KPC 2012-45: Copy of Chief Darr 1� Pegj's speech presented at the graduation ceremony of the 82"d Kauai Police Department Recruit class on November 2nd at the Kauai Beach Resort, Jasmine Ballroom. Chair Kanekoa called for a motion to receive item KPC 2012-45. Commissioner Okami moved to receive item KPC 2012-45. Commissioner Iona seconded the motion. Motion carried 7:0 KPC 2012-46: 2012-13 Kauai Police Commission Certificate of Membership of the National Association for Civilian Oversight of Law Enforcement. Chair Kanekoa called for a motion to receive item KPC 2012-46. Commissioner Chiba moved to receive item KPC 2012-46. Vice-Chair O'Connor seconded the motion. Motion carried 7:0 Business KPC 2012-47: Public announcements for a Police Commission notarized complaint filed against an officer of the County. ES-57: KPC 2012-26 Complaint filed on 9/27/12 alleging that officers of the County harassed the complainant by their constant questioning during a traffic stop. Based on the information received, the Commission found that there was insufficient evidence to sustain the allegation of harassment. The complaint will be forwarded to the Office of the Chief of Police for further review and investigation if deemed necessary. This officially concluded Commissioner Iona moved to receive item KPC the Commission's review of complaint KPC 2012-26. 2012-26. Commissioner Nebre seconded the motion. Chair Kanekoa called for a motion to receive item KPC 2012-26. Motion carried 7:0 Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 6 SUBJECT DISCUSSION ACTION Announcements Next meeting is scheduled for Friday, December 28, 2012 at 9:00 a.m. or shortly thereafter at the Mo'ikeha Building, Meeting Room 2A/2B— Executive Session to follow. Executive At 9:30 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 §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) ES-58: 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: • Regular Executive Session Minutes of October 26, 2012 • Special Executive Session Minutes of October 30, 2012 ES-46: Pursuant to the 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 as they relate to the hire, evaluation, dismissal, or discipline of an officer or employee of charges brought against the officer Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 7 SUBJECT DISCUSSION ACTION 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 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 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, and to deliberate and take such action deemed appropriate: ES-56: KPC 2012-27 Notarized complaint filed on 10/19/12 alleging that an officer of the County improperly handled a report of an assault that resulted in the complainant's wrongful arrest ES-59: KPC 2012-28 Notarized complaint filed on 10/19/12 alleging that an officer of the County was unprofessional by using intimidation tactics, abused authority, and made threatening remarks Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 8 SUBJECT DISCUSSION ACTION Chair Kanekoa called for a motion to bring the meeting into Executive At 9:33 a.m. Vice-Chair O'Connor moved to Session. enter into Executive Session. Commissioner Chiba seconded the motion. Motion carried 7:0 Return to Open At 9:50 a.m. the Commission reconvened in Open Session to allow for Session. additional public testimony. • Assistant Chief Roy Asher stated that as a senior member in the Kauai Police Department he has worked under many Chiefs and Mayors. With the issue at hand regarding the Declaratory Ruling and how the Commission wants to further proceed on this issue would have a major impact on the Police Department, as well as the other departments within the State. He stated that with all due respect to the Mayor, he felt that there should be a separation between the Police Department and the Mayor and that the Police Commission should have the sole authority to discipline the Chief of Police. A/C Asher further stated that he and A/C Quibilan were subjected to a leave of absence which was a result of an influence to the Chief. He explained that it was a deviation from what the norm is as far as the policy and procedures in the Kauai Police Department. He voiced his concerns that the move was a dangerous one on something that occurred ten(10)months ago for a complaint that was initiated by an alleged complaint that occurred six (6) months prior. A/C Asher stated that he felt being placed on leave of absence was not warranted, which still has not yet been resolved, and which by no means is the fault of the Chief or the Police Department. He said that it is dangerous if they have that kind of outside influence in the Kauai Police Department because that is what the Police Commission is for. A/C Asher asked that the Commissioners consider what he has told them and that he Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 9 SUBJECT DISCUSSION ACTION would like the opportunity to give his side of the story. He indicated that if the Commissioners had further questions he would be happy to answer them. • Assistant Chief Alejandre Quibilan, of the Kauai Police Department, stated that although he did not plan on saying anything at this point, he felt that he should say his piece. A/C Quibilan echoed A/C Asher's comments that the issue has not yet been resolved. A/C Quibilan stated that he is here to serve the Chief of Police, the Mayor, and the people of this community, which he has done for thirty(30) years. He said that he has taken the military view on how to do his job by not questioning his superior and do what is asked of him. A/C Quibilan stated based on what he had to go through in the last ten(10)months being placed on leave and returning back to work. He indicated that he had informed the Mayor and Managing Director that he had returned back to work and will continue to perform his duties as a police officer which is to serve the County until he is ready to retire. A/C Quibilan stated that whatever people say about him is their opinion. He explained that as an Assistant Chief he has to make tough decisions where it affects the employees; sometimes they are not satisfied with his decision but it is in the best interest for the County. A/C Quibilan addressed the Mayor that he will continue to serve the County under his authority and assured him when issues arise as always he would be the first one in EOC (Equal Opportunity Compliance). Commissioner Francisco commented that as the President and CEO (Chief Executive Officer) of the Kauai Chamber of Commerce, what's critical in leadership is to know your job and know how to do it. He stated that he doesn't want to be remembered on what he Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 10 SUBJECT DISCUSSION ACTION had accomplished but rather be remembered for being fair by listening to both sides so that at the end of the day only the facts remain. He said that he would more then take their comments to heart because the Commission knows what the issues are and that he looks forward to the factual deliberations. Commissioner Okami thanked both A/C's for their testimony and commended them for standing up and doing their job honorably. With regard to the current issues, he stated that he would like to see the Department, County, and the community grow and be better for all of this. Commissioner Iona stated that everyone knows that silence is golden but sometimes silence is not golden. He stated that he appreciates both of them for having the courage to come before the Police Commission to shed some light on how they felt about the issue at hand. Mayor Carvalho thanked both officers for sharing their thoughts and feelings on what they are going through. As Mayor of the County he has the responsibility to the people of Kauai and is willing to work with everyone for the best interest of the people. Commissioner Chiba moved to return back into Chair Kanekoa called for a motion to return back into Executive Session Executive Session. Vice-Chair O'Connor seconded the motion. Motion carried 7:0 At 10:01 a.m. the Commission returned back into Executive Session. Kauai Police Commission Regular Meeting Minutes - Open Session November 30, 2012 Page 11 SUBJECT DISCUSSION ACTION Return to Open At 12:03 p.m. the Commission reconvened in Open Session. Session Ratify the Chair Kanekoa called for a motion to ratify the actions taken on Executive Vice-Chair O'Connor moved to ratify the actions actions taken in Session. taken by the Commission for items ES-33, ES- Executive 46, ES-56, and ES-58 through ES-59. Session Commissioner Okami seconded the motion. Motion carried 7:0 Adjournment Chair Kanekoa called for a motion to adjourn the meeting. At 12:04 p.m. Commissioner Iona moved to adjourn the meeting. Commissioner Okami seconded the motion. Motion carried 7:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa, Chair (X) Approved as circulated on 12/28/12 ( ) Approved as amended. See minutes of meeting.