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HomeMy WebLinkAboutPC 082412_KPC_OPEN SESSION_APPROVED1m(tt)(PM) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: KAUAI POLICE COMMISSION Meeting Date August 24, 2012 Location Mo'ikeha Building—Meeting Room 2AB Start of Meeting: 9:04 a.m. End of Meeting: 12:50 p.m. Present Chair Ernest Kanekoa, Jr.; Vice-Chair James O' Connor; Members: Charles Iona; Alfredo Nebre, Jr.; Bradley Chiba; Donald Okami, Sr.; and Randall Francisco (Arrived at 11:16 a.m.) Also present: Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Lieutenant and Acting Captain Daniel Fort; Sergeant Mark Ozaki; Senior Clerk Jay Watanabe; Officer Scott Williamson; Deputy County Attorney Jennifer Winn; Board& Commissions Office Staff: Support Clerk Mercedes Youn; and Administrator Paula Morikami. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:04 a.m. Approval of • Regular Open Session Minutes of June 22, 2012 Minutes . Regular Open Session Minutes of June 28, 2012 • Special Open Session Minutes of July 13, 2012 • Special Open Session Minutes of July 23, 2012 • Special Open Session Minutes of August 3, 2012 Vice-Chair O'Connor moved to approve all of the minutes as circulated. Mr. Nebre seconded the motion. Motion carried 6:0 Recognition Officer of the month for June: Sergeant Mark Ozaki Lieutenant and Acting Captain Daniel Fort recognized Sergeant Ozaki for his dedication and commitment to the Kauai Police Sea Scouts Program. The program began in 2009 with the assistance of Commodore Richardson who helped to get the program off the ground. Sergeant Ozaki was able to obtain a 22 feet Sea Fox power boat and a 26 feet sailboat. As of 2012 the program has gro wn from 40 to 50 participates of which two (2) are deemed the Kauai Police Commission Regular Open Session August 24, 2012 Page 2 SUBJECT DISCUSSION ACTION highest-ranking sea scouts in the State of Hawaii. Sergeant Ozaki was also commended for his leadership and participation in running the other programs within the KPAL (Kauai Police Activities League)program such as wrestling, basketball, and flag football. Deputy Police Chief Michael Contrades commended Sergeant Ozaki and Chief Perry presented him with a certificate in recognition of his outstanding and exemplary service to the community, on behalf of the citizens of the County of Kauai, and members of the Kauai Police Department. Employee of the month for August: Senior Clerk Jay Watanabe, assigned to the Waimea District. Senior Clerk Jay Watanabe was recognized for his role in securing much needed equipment and furnishing for the Koloa and Waimea substations. In addition to his routine job duties, Mr. Watanabe's willingness to handle the task in procuring the equipment and furnishings is extremely appreciated. His efforts are a true reflection of his dedication and commitment to his work. Deputy Chief of Police Michael Contrades commended Mr. Watanabe and Chief Perry presented him with a certificate of outstanding and exemplary service in recognition of his valued assistance and support in the procurement of equipment and furnishing essential for the operations of the Waimea and Koloa substations. Commendation There were two (2) letters of commendation that were received for the month Reports for the of July. months of July and August On May 29, 2012, Ms. Katie Burleson of the American Red Cross wrote a letter in appreciation for the support received by Assistant Kauai Police Commission Regular Open Session August 24, 2012 Page 3 SUBJECT DISCUSSION ACTION Chief Alejandre Quibilan, Lieutenant Richard Rose, and Sergeant Sandy Wakumoto for their assistance with Relay for Life Event. • On June 15, 2012, Mr. Bob Hansmeier, Acting U.S. Federal Security Director for the Transportation Security Administration at the Lihue Airport, wrote to thank Lieutenants Trent Shimabukuro and Todd Tanaka, Sergeant Christian Jenkins, and Officers Davis Banquel, Randall Nero, and Wade Takemoto for their participation and support in the Vehicle Borne Improvised Explosive Device Full Scale Exec rise at the Lihue Airport. There was one letter of commendation received for the month of August. • On August 10, 2012, Travis and Ariel Clark wrote a letter in appreciation for the assistance they received from Assistant Chief Roy Asher, Detectives Vicki Fonoimoana and James Rodriguez; and Evidence Clerk Kristal Nebre with the recent return of their wedding rings which was reported stolen. Chiefs monthly 1. Administrative, Techincal Services and Training Reports. Reports for July 2. Fiscal Report and August 3. Investigative Services Bureau 4. Patrol Services Bureau and Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports 7. Administrative Notice: 2012-03; 2012-04; and 2012-05 8. Personnel Orders: 2012-08 and 2012-09 9. Chief's Announcements and Pertinent Updates The Commission acknowledged the receipt of the Chief's monthly reports for the months of July and August. Kauai Police Commission Regular Open Session August 24, 2012 Page 4 SUBJECT DISCUSSION ACTION Communications KPC 2012-21, Communication dated 06/06/12 from Council Chair JayFurfaro to Chair Ernest Kanekoa Jr.,requesting agenda time to provide an overview and effect of the Operating Budget for FY 2012-2013. (Deferred to 07/27/12) Chair Furfaro provided the Commission with materials relating to the Operating Budget for FY 2012/13. Chair Furfaro voiced his concern about the recruitment and the stabilization of the police workforce in the Police Department. He informed the Commission that in previous discussions there was talk about a strategic plan on the department's anticipated recruitments, and vacancies, with emphasis on what could be done to attract and retain police officers. Chair Furfaro explained that the Police Commission has a direct role in overseeing the operating budget for the Police Department and may make its recommendations to the Mayor. He encouraged the Commission to have dialogue with the Police Chief and talk about getting assistance from Human Resources to obtain special marketing funds for a retention program or a program for recruitment. Chair Furfaro stated to the Commission that despite the misleading information about missing money in the County, he pointed out that a person must first understand the principles of accounting. He used an example, when Council allots CIP money to the administration for a new police facility, and whether it's used for that reason, the Charter allows for the administration to manage those funds under the CIP and that it is no longer a matter of oversight for the Council. He further explained that the same is true for the Police Department's budget, that if during the year the administration sees that there is an opportunity to transfer money that Council has earmarked for the police Kauai Police Commission Regular Open Session August 24, 2012 Page 5 SUBJECT DISCUSSION ACTION department, they have the authority to do so. He pointed out that the Police Commission also has that authority to move money as they see fit in the forecast going forward. Chair Furfaro suggested to the Commission that they keep an open dialogue with the Police Chief on earmarking and transfer of funds. Chair Furfaro also suggested to the Commission that they be provided with regular financial quarterly reports. He encouraged the Commission to have discussions regarding strategic planning for recruitment and retention and to discuss with the Chief earmarking some of the funds towards that effort. Mr. Iona commented that he would definitely support those incentives going forward. He voiced his concern about the high cost of living on Kauai and that it may deter potential police officers from applying for a job. Mr. Lonnie Sykos, a member of the public, stated that he was interested in finding out what are the five (5)most important threats or opportunities that is are facing both the police department and the public. He pointed out that there was a need for better dialogue between the police and the community regarding ways to solve the issues such as speeding and burglaries. With regard to the recruitment and retention of officers, he felt that it was a two- edged sword living on Kauai because it would seem to be an ideal recruitment location with relatively low crime as compared to the mainland; however, the cost of living is high. He mentioned the recent meeting that was held on the north shore was well received by the community, and he thanked Chief Perry for doing a great job and the Police Commission for standing up for his civil rights. Ms. Winn advised Chief Perry to be careful on his response because some of the issues that Mr. Sykos brought up were not on the agenda. Kauai Police Commission Regular Open Session August 24, 2012 Page 6 SUBJECT DISCUSSION ACTION Chief Perry stated that in planning a strategy the department has looked at both internal and external factors, and one area in particular which is a major concern for him, is the crimes against property and domestic violence. Chief Perry explained that traffic enforcement is one of the most critical areas, and since he's been here, the department has averaged about 8 fatalities a year which involved drinking and driving. He further explained that the department is continuing its efforts to create additional beats throughout the island. However, the recruitment and retention on the internal side has kept the department from filling the police officer vacancies. Mr. Iona stated that he would support the idea of having open floor discussions with the Chief(if the budget permits) on implementing a recruitment and retention program in the police department to attract qualified individuals both male and female by offering housing. With no further discussion, Chair Kanekoa called for the motion to receive Mr. Iona moved to receive item KPC 2012-21. item KPC 2012-21. Mr. Nebre seconded the motion. Motion carried 6:0 KPC 2012-30, Communication dated 06/07/12 from Chief of Police Darryl Perry to Chair Kanekoa Jr., and Commission Members, concurring with the Commission's findings that there was sufficient evidence to prove the allegations related to notarized complaint KPC 2012-13. Mr. Iona moved to amend item KPC 2012-30 Chair Kanekoa called for the motion to amend the wording on the agenda; he to reflect that there was insufficient evidence to indicated that it should have said that there was insufficient evidence rather than prove the allegations for notarized complaint sufficient to prove the allegations for notarized complaint KPC 2012-13. KPC 2012-13. Mr. Nebre seconded the motion. Motion carried 6:0 Kauai Police Commission Regular Open Session August 24, 2012 Page 7 SUBJECT DISCUSSION ACTION KPC 2012-31, Communication dated 06/07/12 from Chief of Police Darryl Perry to Chair Kanekoa Jr., and Commission Members, concurring with the Commission's findings that there was sufficient evidence to prove the allegations related to notarized complaint KPC 2012-14. Chair Kanekoa called for the motion to amend the wording on the agenda; he indicated that it should have said that there was insufficient evidence rather than sufficient to prove the allegations for notarized complaint KPC 2012-14. Mr. Iona moved to amend item CCC 2012-31, to reflect that there was insufficient evidence to prove the allegations for notarized complaint KPC 2012-14. Mr. Nebre seconded the motion carried 6:0 KPC 2012-32, Communication dated 06/07/12 from Chief of Police Darryl Perry to Chair Kanekoa Jr., and Commission Members, concurring with the Commission's findings that there may be a preponderance of evidence to prove the allegations related to notarized complaint KPC 2012-15. Chair Kanekoa called for the motion to receive item KPC 2012-32. Mr. Iona moved to receive item KPC 2012-32. Mr. Nebre seconded the motion. Motion carried 6:0 KPC 2012-33 A Copy of the 2011 Honolulu Police Commission Annual Report. (On file with the Office of Boards and Commissions) Chair Kanekoa called for the motion to receive item KPC 2012-33. Mr. Iona moved to receive item KPC 2012-33. Mr. Nebre seconded the motion. Motion carried 6:0 Kauai Police Commission Regular Open Session August 24, 2012 Page 8 SUBJECT DISCUSSION ACTION KPC 2012-36, Letter of commendation dated 07/25/12 from Chief District Attorney Inspector for the County of Santa Cruz, to the Kauai Police Commission commending the Kauai Police Department. Mr. Iona moved to receive item KPC 2012-36. Chair Kanekoa called for the motion to receive item KPC 2012-36. Mr. Nebre seconded the motion. Motion carried 6:0 Business KPC 2012-34, Communication dated 06/12/12 from Honolulu Chief of Police Louis M. Kealoha, President of the Hawaii State Law Enforcement Officials Association,inviting the Kauai Police Commission to the 59'Annual HSLEOA Conference from September 20 — 21, 2012, at the Sheraton Waikiki Resort, Honolulu, Hawaii. Chair Kanekoa, Vice-Chair O'Connor, Commissioner Iona, Commissioner Nebre,and Commissioner Chiba have indicated their commitment to attend the 59th Annual HSLEOA Conference. KPC 2012-37, Invitation to the 18th Annual National Association for Civilian Oversight of Law Enforcement Conference `Building Community Trust" scheduled for October 14-18, 2012, in San Diego, California. KPC 2012-32, Communication dated 06/07/12 from Chief of Police Darryl Perry to Chair Kanekoa Jr., and Commission Members, concurring with the Commission's findings that there may be a preponderance of evidence to prove the allegations related to notarized complaint KPC 2012-15. Chair Kanekoa informed the Commissioners that a determination needs to be made today on who would be attending the conference. Kauai Police Commission Regular Open Session August 24, 2012 Page 9 SUBJECT DISCUSSION ACTION Vice-Chair O'Connor and Commissioner Chiba expressed their interest in attending the conference in October. KPC 2012-35 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. ES-36: KPC 2012-18 Complaint filed 05/11/12, alleges that an officer's conduct was unbecoming and unprofessional when he accused the complainant of lying and then threatened to have the complainant arrested. Based on the information received, the Commission found that there was sufficient evidence to sustain the complaint and has forwarded the complaint to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of KPC 2012-18. ES-37: KPC 2012-19 Complaint filed on 05/15/12, alleges that an officer's conduct was unprofessional by not allowing the complainant the opportunity to provide a statement after the complainant was involved in an altercation. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint as has forwarded the complaint to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2012-19. ES-38: KPC 2012-20 Complaint filed on 05/15/12, alleges that officers of the County were negligent by failing to allow the complainant the opportunity to provide a statement after the complainant was involved in an altercation. Based on the information received, the Commission found that there was insufficient evidence to sustain the complaint and had forwarded the complaint to the Kauai Police Commission Regular Open Session August 24, 2012 Page 10 SUBJECT DISCUSSION ACTION Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2012-20. ES-39: KPC 2012-21 Complaint filed on 05/17/12, alleges that an officer's conduct was unbecoming and unprofessional during an incident that involved a member of the public. Based on the information, the Commission found that there was insufficient evidence to sustain the complaint and has forwarded the complaint to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2012- 21. Announcements The next meeting is scheduled for September 28, 2012 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2 A/B followed by Executive Session. Executive At 9:52 a.m. Vice-Chair O'Connor cited the Hawaii Revised Statutes to Session 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: ES-42 Executive Session Minutes of June 22, 2012. Executive Session Minutes of June 28, 2012. Special Executive Session Minutes of July 13, 2012. Special Executive Session Minutes of July 16, 2012, continuance from July 13, 2012. Kauai Police Commission Regular Open Session August 24, 2012 Page 11 SUBJECT DISCUSSION ACTION Special Executive Session Minutes of July 23, 2012. Special Executive Session Minutes of August 3, 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-43 Chief of Police quarterly reports on the disposition and the internal investigation overview of the Police Commission complaints that was forwarded to the Police Department for further review and investigation if deemed necessary. ES-44: KPC 2012-22 Complaint filed on 05/17/12 alleging that during a traffic stop an officer of the County fabricated and falsified statements just to issue the complainant a traffic citation. Kauai Police Commission Regular Open Session August 24, 2012 Page 12 SUBJECT DISCUSSION ACTION ES-45: KPC 2012-23 Complaint filed on 06/14/12 alleging that an officer of the County denied the complainant due process when the complainant tried to obtain a status report on stolen property. 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. ES-47: KPC 2012-24 Complaint filed on 08/01/12 alleging that officers of the County used excessive force, abused authority, and did an invalid search without a search warrant. Mr. Iona moved to enter into Executive Chair Kanekoa called for the motion to enter into Executive Session. Session. Mr. Chiba seconded the motion. Motion carried 6:0 The Commission entered into Executive Session at 10:15 a.m. Return to Open The Commission reconvened in Open Session at 12:50 p.m. Session to ratify the actions taken Chair Kanekoa called for the motion to ratify the actions taken in Executive in Executive Session. Mr. Iona moved to ratify the Commission's Session actions taken in Executive Session for items ES-33, and ES-42 through ES-47. Adjournment Chair Kanekoa called for the motion to adjourn the meeting. At 12:50 p.m. Mr. Iona moved to adjourn the meeting. Mr. Chiba seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Open Session August 24, 2012 Page 13 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Ernest Kanekoa, Jr., Chair (X) Approved as circulated on September 28, 2012. ( ) Approved as amended. See minutes of meeting.