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HomeMy WebLinkAbout022610_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting REGULAR MEETING—OPEN SESSION Board/Committee: POLICE COMMISSION I Meeting Date February 26, 2010 Location Lihu'e Civic Center— Mo'ikeha Building Meeting Room 2 A&B I Start of Session: 9:00 a.m. I End of Session: 11:50 a.m. Present Commission Members: Alfredo Nebre Jr., Chair, Charles Iona, Vice-Chair, Leon Gonsalves Sr., Russell L. Grady, Thomas M. lannucci, Ernest Kanekoa Jr. Also present: Police Chief Darryl Perry, Deputy Chief Mark Begley, Assistant Chief Roy Asher, Acting Assistant Chief Alejandre Quibilan, Acting Assistant Chief Scott Yagihara, Officer Clyde Caires, Deputy Attorney Mark Guyot, Boards and Commissions Staff Mercedes Youn, Administrative Specialist Pualani Borales, Administrative Assistant Gary Heu and Executive Assistant to the Mayor John Isobe. Guests: Mabel Fujiuchi, CEO- KEO Inc., Officer Darla Higa, Dawn Wooten, Rural Program Development Coordinator, Aja Lancaster, Explorer Cadet. Excused Rowena Tachibana Absent SUBJECT DISCUSSION ACTION Call To Order The meeting was called to order at 9:00 a.m. Approval of Notice of Meeting Agenda - February 26, 2010. Commissioner Gonsalves moved to Agenda approve the agenda, seconded by Commissioner lannucci, and unanimously carried, 6-0. Approval of Meeting minutes of January 22, 2010. Commissioner lannucci moved to Minutes approve the minutes, seconded by Commissioner Gonsalves and unanimously carried, 6-0 Public None Testimony Recognition Officer of the Month for February : Officer Clyde Caires Lt. Sherwin Perez- Lt. Perez thanked the Commission for the opportunity to honor Officer Clyde Caires. Officer Caires played a major role in the apprehension of three of four burglary suspects, who are considered by the department as the prime suspects in a rash of property crimes (white collar crimes)that included residential and commercial properties, stolen vehicles and forgery over a course of few months. On January 1, 2010, Officer Caires who at that time was off duty and with his family, when he saw one of the suspects in the parking lot at a retail establishment. Officer Caires notified dispatch, and then he called the on duty officer in charge at the time and relayed the information about the suspect's location. Officer Caires maintained a visual of the suspect and kept in contact with the officers while they were on their way to the location. The Officers were able to apprehend the suspect without any incident. On January 11, 2010, Officer Caires who was the officer in charge during the night shift received a call that the 2nd suspect was going to be at a certain location; Officer Caires devised a plan with the beat officers to apprehend the suspect. Four Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 2 SUBJECT DISCUSSION ACTION officers took vantage points around the location, and when the suspect arrived, the officers converged on the suspect however; the suspect was able to avoid apprehension. Later, Officer Caires along with the assistance of his fellow officers and help from a witness who informed him that the suspect was going to be picked up by an acquaintance at a nearby neighborhood. Officer Caires devised another plan involving the additional officers. The plan was well executed and resulted in the arrest of the suspect. Lt. Perez praised Officer Caires for his leadership and his ability to speak to witnesses and was impressed that Officer Caires was able to formulate a plan on a short notice. Lt. Perez also mentioned another incident involving Officer Caires, Officer Ken Cummings and Officer Nero all three officers were responsible for the arrest of the third suspect at his home. Chief Perry thanked Officer Caires and presented him with a certificate of recognition and outstanding exemplary service for his diligence in the apprehension of the three suspects and his dedication and commitment in keeping the community safe. Presentation Representative from the Kauai Economic Opportunity Inc. here to discuss mediation Chair Nebre stated that he is services as an alternative means to resolve complaints. abstaining himself from any deliberation and decision making Vice-Chair Iona introduced MaBel Fujiuchi CEO of the Kaua'i Economic Opportunity Inc.; Mrs. relating to this presentation as there Fujiuchi circulated an informational brochure about the mediation services program. Topics may be a possible conflict of interest. included: How can mediation help?Types of disputes, Cost, How to set up mediation? How to Chair Nebre turned the meeting over prepare for mediation and who are the mediators and their qualifications? to Vice- Chair Iona to conduct this portion of the meeting. Commissioner Grady thanked Ms. Fujiuchi for sharing the information with the Commission. Mr. Grady stated that it was he who brought this item to the attention of the Commission, since he attended the 2009 NACOLE conference. He thought that this concept would be a good idea for the commission to explore, adding that it may save the county a lot of money, and with the possible support of SHOPO and the Chief. Commissioner Gonsalves stated that the Commission's use of the mediation services would be basically for complaints relating to officer or employee misconduct and not possible criminal complaints. The Commission would have to sit with the Chief to discuss all of details, guidelines before we can move forward. Commissioner Kanekoa asked if the mediators are trained and what is their background. Ms. Fujiuchi stated that KEO goes through the Mediator Center of Hawai'i which follows the standards that are needed across the state. KEO also works closely with the Judiciary and the parties that Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 3 SUBJECT DISCUSSION ACTION may be involved in mediation services. Vice-Chair Iona commented that as a being former SHOPO member, he has always believed that mediation was a good thing and there is a lot of language involved and as Commissioner Gonsalves has stated, this Commission would really have to take a long hard look at this proposal as there may be a contract that represents the polices of the officers. He stated that he could see the value of it in the private sector. At this time, he stated that he was being the devil's advocate and stated that the Commission would have to take a good long look at it. Commissioner Gonsalves stated that this is something that the Commission should consider for future discussion. Commissioner lannucci also thanked Ms. Fujiuchi for the wonderful presentation, but in his own personal opinion, he feels that the current process (Investigator Services) seems to be working well and thinks that the Commission should stay the course. Dealing with SHOPO and a lot of individual officer's could be hard and as Commissioner Gonsalves once said, "if it ain't broke, don't fix it". Vice-Chair Iona stated that if there is no further discussion he would like to turn the meeting back to order with Chair Nebre presiding. • Officer Darla Higa—Police Explores Program is for career oriented young adults aged 16 through 20. Members are referred to as "Explorer" and, although the program is part of the Boy Scouts of America, the Explorer program is distinctively different from scouting. Explorer is a co-ed, young adult program developed and supervised by local Community organizations, businesses and individuals providing an opportunity for young adults to explore a particular career field. Officer Higa stated that she was selected to be the coordinator of the Police Department and was very happy to do it. Along Officer Higa was Explorer Cadet Aja Lancaster, a recent graduate from Waimea High School explained that she joined the program because she wants to become a police officer to protect the community and become a role model for kids and teenagers. She stated that this program is a great opportunity to for young adults who are serious about their career and to get a head start into law enforcement. Dawn Wooten, Program Coordinator for the Rural Program Development project on Kauai. The program is part of the Department of Labor and is supported by funds obtained by Senator Daniel Inouye for a 2 year period. The program will also be partnering with KCC's Rural Development project and KPD and is currently trying to fill the needs of the KPD on an ongoing contractual basis. The $45,000 grant provided for through Senator Inou e's assistance will help start the Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 4 SUBJECT DISCUSSION ACTION program. The funding will pay for the uniforms, equipment and supplies that the program needs. Ms. Wooten also stated that they have received a stipend and have been given permission to pay the students for the time worked at KPD. Part of their duties will consist of doing community service, learning tasks and activities that they will need to know to be able to pass the police exams. Vice-Chair Iona asked when a student gets to a certain level of the program, where will they be placed within the department, as they may be exposed to some sensitive materials. Are they required to fill out the volunteer forms and have background checks done on them? Officer Higa stated that the cadets will not be exposed to any sensitive materials and will be placed in an area where volunteers are allowed. Commissioner Grady asked if the program is separate from KCC. Officer Higa stated that she believes that the program is separate. Commissioner lannucci commented that he thinks that this is an outstanding program and with the support of the chief the program is becoming very successful. He applauds both the young men and women for stepping up and this kind of program can change the demeanor and reputation. He stated that these youth should aspire to become police officers—as an honor and a privilege. • Chair Nebre introduced Acting Assistant Chief Ale Quibilan who did a power point presentation on 2009 Patrol Services Bureau Activities and its 2010 Goals. Commendation There were (1) memorandum of commendation and thanks received involving 8 employees. These Report letters will be forwarded to the employees with the Chief's personal thanks, sent to the Mayor, and filed in each employee's personnel jacket. Recipients': Officer Darla Higa, Ms. Allison Ageno, Joni Arakaki, Emily Fabro, Jodi Hookano, Melanie Luis, Taytralyn Nuivo and Claire Ueno. The commendation was made by Lt. Dan Miyamoto, commending them for their assistance with providing Keiki ID at the Eastside Family Summit. Chair's Report Chair Nebre, Commissioner's lannucci, Iona and Grady expressed their thanks to Commissioner Gonsalves for serving as an integral part of the Commission, serving as a mentor for some and commended him for years of service on the Police Commission. Chief's monthly Reports include: and Quarterly Administrative and Technical, training orders, fiscal, patrol and traffic bureau services, community Reports oriented reports for February 2010, investigative services, administrative services, personnel orders, general orders and chief's announcements. Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 5 SUBJECT DISCUSSION ACTION Commissioner Grady asked Chief Perry where the revenue collected from the citations is deposited. Chief Perry said that all of the citation monies go to the state coffers. Mr. Grady also asked about the DARE program and what it entails. Chief Perry said that the program is intended to educate young people and to give them the skills to resist drugs. He stated that it also offers the individuals an opportunity to look at things from the Police Department's perspective. He stated that the program covers all elementary schools, middle school and the Police Department is looking into getting the parents on board. Commissioner Gonsalves stated that the DARE program in its formative years helped to develop the mindset of the kids to stay off drugs and to stay in school. He also commented that the department is not being funded for additional positions due to the budget constraints. Chief Perry stated that the department has submitted for eight new positions as part of the COPS Grant which is being funded through Senator Inouye and the Mayor who went to Washington D.C. and met with Senator Inouye. Referring to the budget for the department communications system, Vice-Chair Iona asked if the monies are being distributed amongst the different divisions and is the additional funding going to be taken from somewhere else. Chief Perry said that Deputy Chief Begley has been working hard on the RFP to get an entirely new CAD System. The current CAD system has been experiencing some short comings and breakdowns, so thus there is a request to the administration to get a redundant center. A process that we have been working on for well over a year. Chief Perry expressed that some of the consoles are over 14 years old and at any time they can break down. He added that one of the contingency plans is to have the dispatchers use portables and we should not be in this predicament. He said it places the community at a risk and they are the life line to the community. Vice-Chair Iona asked if there were other reasons for the breakdown other than the equipment being 14 years old. Chief Perry stated that in today's world you can purchase a computer this month and the next month, it's absolute. This problem should have been addressed a long time ago. Commissioner lannucci stated that the safety of the community should never fall into a depressed situation and public safety should always be our primary focus. He faults the past chief's and administration for allowing this situation to become what it is today. Commissioner lannucci thanked Chief Perry and the Deputy Chief for their hard work and diligence. Communication None Business 1. Discussion and deliberation to authorize Commission Leon Gonsalves Sr., to submit Legislature Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 6 SUBJECT DISCUSSION ACTION testimony relating to H.B. No. 2016 and S.B. No. 2177. Commissioner lannucci stated that he feels that this item should not have been placed on the meeting agenda. Adding that he doesn't see anything in Commissioner's Gonsalves testimony that says that a Police Commissioner is writing this testimony, he wrote the testimony as a citizen and a member of the police commission. He added that he felt that as a pastor or any citizen who holds a title one can use that title, there is nothing in the testimony indicating that Commissioner Gonsalves speaks for me or the body as a whole. Commissioner lannucci stated this is not within the Commission's scope of purview, to disapprove or approve individual letters. Whether Commissioner Gonsalves presents himself as an individual or a commissioner—"that's what he is". Now if Commissioner Gonsalves were writing on behalf of the Commission as a whole then by all means, it needs to be authorized. But to deny the fact that he's a Commissioner is ridiculous. It's like telling a doctor you cannot place the title Dr. next to your name when writing a letter. "Well that's what he is". Once again, Commissioner lannucci stated that this item was not properly placed on the agenda for the Commission's approval or disapproval. Commissioner lannucci stated that he is fine with Commissioner Gonsalves testimony to the Legislature. Chair Nebre called on Gary Heu, Administrative Assistant to the Mayor, to speak on behalf of H.B. No. 2016 and S.B. 2177. Mr. Heu was accompanied by John Isobe, Executive Assistant to the Mayor and Boards and Commissions Administrator. Mr. Heu stated that before they begin he would like welcome Commissioner Kanekoa and thank him for stepping up to the plate and agreeing to be a volunteer Commissioner. Both he and Mr. Isobe convey their thanks and gratitude to Commissioner Gonsalves for his many years of service that he has given to the county, not only as a police officer, and as an investigator working for the prosecutor's office, but as a Police Commissioner. Mr. Heu stated that both he and Mr. Isobe were present primarily because, he believes that the transmittal to the commission was seeking commissions' approval and he thinks that Commissioner lannucci just provided a perspective and his opinion on the approval or disapproval of this sort of communication. He stated that he will leave it up the Commission to weigh in on it. Mr. Heu thought perhaps this might be a good opportunity for them to, at least have a discussion with the commission as to this particular bill. Actually, there are a couple of companion bills that will do a similar type of thing relating to other department heads that are appointed by Boards and Commissions. As the Commission probably knows is a piece of Legislature that was submitted by the Hawai'i Council of Mayors (HCOM). HCOM is a fairly new organization, and he stated that Ma or Baptiste was part of the organization and when Mayor Carvalho and the Big Island Mayor Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 7 SUBJECT DISCUSSION ACTION Kenoi were elected and came on board, the organization has seen benefits in terms of them meeting on a regular basis. Although, they do not agree on everything, HCOM does offer a venue for them to take up issues of concerns to the Mayors. Whenever there is common interest and where they can seek out a common position they have done so. Mr. Heu added that this Legislation as well as in past years, HCOM has presented to the State Legislature this piece of Legislation, as seen by the Mayor's, is strictly a home rule type of bill (issue). It is basically, saying that each county has its own Charter and that the Charter is the ultimate authority of our government and the structure of how a police chief is appointed. Mr. Heu stated that the current County Charter does provide for the Police Commission to make that appointment. That respect, the county is consistent with the current State statue which is seen as another layer of authority. The counties should be allowed to make those types of determinations as stated in the Charter. Ultimately, this Commission knows, any change to the Charter has to clear many hurdles before it goes into effect. The ultimate hurdle is that it needs to be voted upon by the electorate which is the voters of this community. The Mayors of the other counties believe that the final authority, relative to the structure and function in county government should be in the hands of the citizens of that particular county. And that is what this bill does. Mr. Heu added that we don't need the state involved in setting the authority for the counties and that we should let the citizens of the County Of Kaua'i be the final voice in terms of the structure of government and how that government functions pursuant to the Charter. Mr. Heu opened the floor for questions from the Commission. In addition, Mr. Heu stated to the Commission that as a body they represent the County of Kaua'i and this measure was important enough to HCOM. This proposal has been agreed upon by the Mayors with support and that the only request to this body would be to take into consideration that this is something Mayor Carvalho obviously supports. And that the other Mayors of the other counties also support it so, he hopes that, as they deliberate and discuss whether or not this is an appropriate communication or piece of testimony to support. Chair Nebre calls upon the Commission if they have questions for Mr. Isobe. Commissioner lannucci stated that he understands what is being said, and that the Council of Mayors is comprised of the four Mayors and four counties. However, there is a million people in the state and the four of them got together and decided this is the direction they wanted to go and ultimately it does come down to a vote from the public. What he is concerned about is who drew up this piece of information that was given to the Commission, the last paragraph (which he won't discuss right now) bothers him. Commissioner lannucci stated that he thinks Mayor Carvalho is an outstanding Mayor and he hopes he wins and gets another term, and he is not worried about him, Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 8 SUBJECT DISCUSSION ACTION what concerns him is who comes after him. Who then has the authority to select a chief, the reason why you have a commission and the reason why we voted as citizens to bump the commission from five to seven members is so that there was a diverse cross cultural set of people on the board and that it wasn't ranged by a small group. The County has a nice seven member commission right now who represent the people or who should be a buffer of the people, who should be a buffer, to keep the politics out of the appointing of the public safety, police chief and who should be objective in that approach. The creators of our County Charter years ago thought it was wise to do that, because now we as a county can review the Charter once again as people and look at it and if the people want to change the Charter. It's some scary territory, and if we get a Mayor who is an old boy or a Mayor who is corrupt, and he has the chief in his back pocket, and the morale of the police department changes and all of the strides that were made in making the department what it is today (Better). We are finally getting out of the muck and finally moving forward. Let's just say Bernard doesn't win the next election, and some guy gets in there and say"hey, this guy is gone and he chooses who he wants and tells you guys to make sure this happens", then the Mayor is running the department. This kind of thing is happening in too many places and it's scary. Commissioner lannucci stated that he trusts Bernard and thinks that he has the mental capacity, capability and integrity to hire all of his department heads and he knows that it can be frustrating. "How do you become the Mayor of an island and not have full authority over the people that are under you technically? Commissioner lannucci suggested that because the Mayor cannot be at the Commission meetings because of his schedule, and he may have some concerns regarding the chief, and that's where the people come in and become the buffer from politicizing a position. "Why do you think the firemen on this island rose up and wanted Fire Commission, because, they finally have a chief they really love and didn't want to lose that gut at the next election". They wanted to preserve the integrity of the department. Although we are not perfect citizens -we are the buffers. Commissioner lannucci stated that this Bill scares him and referring back to the communication that the Commission received the last paragraph says that don't do this, but do this. Once that kind of thing happens to a Commission, we are no longer a representative and body of the people; we are then puppets of the administration. He thinks that the wording may be incorrect and it should have never been construed in that way. Commissioner lannucci stated again, that he is not worried about the current Mayor, his concern is about the future Mayor(s) down the road and how it will affect our island and our people, he adds that he understand the intent of all the Mayors, on wanting to have more control over the county and he does support the strengthening of the county's authority and self governance. But in regards to the public safety we have to be careful because the police department is the only armed authoritative unit on the island, and as long as I'm a Commissioner I will make sure public safety comes first. If there is a problem in the leadership and direction and the responsiveness of the Chief to the Mayor let the Commission be the buffer between the two entities. As for the testimony to the Legislature from Leon Gonsalves, he is submitting the testimony as a citizen -who holds a title of a Police Commissioner and there is no Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 9 SUBJECT DISCUSSION ACTION indication on the testimony stating that he is using the hat of a Police Commissioner of Kaua'i. It is up to each one of us as individuals to decide whether we want to submit testimony or not. And if the Commission decides strongly that we are in opposition of this Bill than we as a Commission will send a testimony as a body. Commissioner lannucci questions if this Bill is in the best interest of Kaua'i and he hopes that it does not pass. Commissioner Grady stated that he doesn't speak for the whole Commission, but as an individual member. He questions both Mr. Heu and Mr. Isobe should the Bill pass; Do you see the County Charter or Council changing the words and description that is already in place in the Charter? Mr. Heu stated that before he replies to Commissioner Grady's question, he would like to state that because there might be someone who just turned on the T.V. He wants to make sure that the Commission understood that as we are discussing the Bills that are currently before the legislature, we are not speaking at all to what may happen with any of the Count's Charter. All we are saying is that we would like for the County Charter to be the prevailing authority relative to structure and functioning to each County's government. The Bill changes nothing relative to the functioning and structure of the County government because, it is left to the Charter. Sometimes we tend to look to far ahead, and then make of kinds of assumptions as to what may or may not happen. In replying to Commissioner Grady's question, Mr. Heu stated that he thinks that the questions is little off course because it is not an agenda item, and it is hard to say what will or will not happen. Mr. Isobe stated that the Bills do not in any way change the County Charter. It merely indicates that the County Charters will prevail over the State Statues. There are certain department heads that are county department heads and county employees and there are certain department heads that the state dictates how these people are hired and removed. And all that the Mayors are asking is that the counties be allowed to determine how county personal are hired and removed. As Gary has indicated, there are similar Bills that impact three (3)cabinet level positions in the counties, and one of those positions is the Chief of Police. Mr. Isobe added that to Commissioner's lannucci' question on who drafted the communication that is before the Commission, it was he who drafted the communication. The intent of the draft is simply for home rule. To answer Commissioner Grady's question on whether there are Charter amendments being proposed, the Charter Review Commission is looking at several Charter proposed amendments that may or may not impact the appointment of various Commission appointed department heads and the Charter Commission may ask for input as they move forward. In fact, both Chief Perry and Chief Westerman had already offered their comments at a Charter Review meeting. Commissioner Gonsalves stated that historically the Charter states that the Police Commission shall appoint the Police Chief and he may be removed by the police commission only after being given a written statement of the charges against him and a hearing before the Commission. He's concern is that he does not want to see what was done in the past happen again. Like Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 10 SUBJECT DISCUSSION ACTION Commissioner lannucci has indicated, we are finally moving forward, let's not make any decisions that will affect how the process is being done today. Commissioner Gonsalves thanked both Mr. Heu and Mr. Isobe for making it clear to the Commission as to the intent of the Bills. He also recommended that in the future, the Administration should inform all of the Commission's on issues that are being considered because; it could possibly affect the duties of its members. Commissioner Gonsalves thanked Mr. Heu and Mr. Isobe for clarifying the matter. Vice Chair Iona stated that it's been his experience as a former police officer, that there are two documents the HRS's and the County Ordinance, and should there be violation, one can refer to HRS or the Ordinance. When one doesn't fit, you go with the other. His question pertaining to the Bill as it is being proposed is more of a clarification that the State laws currently requires that the Police Chief of the four counties be appointed by the Police Commission of each county. And like the Charter it requires the Police Chief be appointed and removed by the Police Commission. In this present state, as it is seen, which takes precedence—the HRS or the County Charter? Deputy County Attorney Marc Guyot stated that the HRS would take precedence, and that is why any changes that are made at the Legislature would require changes to the HRS first, allowing the counties the opportunity to decide in a fashion that they see fit. The Charter governs the functions of the County and the HRS gives the powers to the County. And certain areas give them the requirements that they must follow in general terms. The County Charter gives us the specifics of doing it. The proposed Bill does not necessarily give complete control to the Mayors, it would have to go to the Charter Review and a new amendment would come up for the public to vote on. Vice-Chair Iona stated that as explained by the Mr. Guyot, it makes it acceptable to someone's sensibilities that what we have here as opposed to the assumption that was flying out there. What Mr. Guyot said makes it clear. In regards to the issue Vice-Chair Iona stated he believes that Commissioner Gonsalves was simply expressing himself, however, he did not express his opinion, adding that there is no room for this kind of wrangling for this Commission, it is not our position. Referring back to Commissioner Gonsalves statement on timely communication, Mr. Heu stated that they could have certainly have done a better job of communicating with the affected Commissions relative to the introduction of the Bills. "A point well taken". Mr. Isobe stated that he will be sending information to the other two Commissions who are also affected by the proposed Bill. Chief Darryl Perry stated that according to Section 52 D, which mandates that the counties have a Police Commission that selects and removes the Police Chief. If that mandate is removed and it is left to the County to self govern on how to select and remove the Chief of Police, by either retaining Kaua'i Police Commission Regular Meeting-Open Session February 26, 2010. Page 11 SUBJECT DISCUSSION ACTION the Commission or have the Mayor do it or they could have an assistant do the selection and removal. The way it is right now, the County does not have a choice. His fear is that somewhere down the line things may change and it may worse for the worse. The Law Enforcement Department receives the authority to enforce the laws of the Attorney General and does the investigations, from parking citations up to the highest level of government, it is his fear because it has happened in the past, that the process may be compromised if you give one individual the power to select and remove the Chief and also to have the power over the department. 2. Kaua'i Police Commission public announcements for notarized complaints: KPC 09-06-The Police Commission has completed its review and deliberation of the aforementioned complaint filed against an Officer of the Kaua'i Police Department, the complaint alleges that the Officer was rude and obnoxious. Based on the findings from the information provided, the Commission has determined that there was insufficient information to uphold the complaint; the Commission has forwarded the complaint to the Office of the Chief for further review and or to investigate if deem necessary. This officially concludes the Commission's review of complaint KPC 09-06. KPC 10-01-The Police Commission has completed its review and deliberation of the aforementioned complaint filed against unknown employees of the Kaua'i Police Department, the complaint alleges that the while being arrested was not given the opportunity to explain the circumstances. Based on this findings from the information provided, the Commission has determined that there was insufficient information to uphold the complaint; the Commission has forwarded the complaint to the Office of the Chief for further review and or to investigate if deem necessary. This officially concludes the Commission's review of complaint KPC 10-01. KPC 10-02, The Police Commission has completed its review and deliberation of the afore mentioned complaint filed against the 911 operators of the Kaua'i Police Department, the complaint alleges that the operators terminated the complainants phone calls placed to the Suicide Prevention hotline. Based on its findings from the information provided, the Commission has determined that there was insufficient information to uphold the complaint; the Commission has forwarded the complaint to the Office of the Chief for further review and or to investigate if deem necessary. This officially concludes the Commission's review of complaint KPC 10-02. KPC 10-03,-The Police Commission has completed its review and deliberation of the afore mentioned complaint filed against unknown employees of the Kaua'i Police Department, the Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 12 SUBJECT DISCUSSION ACTION complaint alleges improper termination of the complainants 911 call or KPD's failure to provide complaint records of the complainants 911 call for use in trial. Based on its findings from the information provided, the Commission has determined that there was insufficient information to uphold the complaint; the Commission has forwarded the complaint to the Office of the Chief for further review and or to investigate if deem necessary. The officially concludes the Commission's review of complaint KPC 10-03. KPC 10-04,-The Police Commission has completed its review and deliberation of the aforementioned complaint filed against unknown employees of the Kaua'i Police Department, the complaint alleges that the complainant was denied to be informed of the reason for the arrest. Based on its findings from the information provided, the Commission has determined that there was insufficient information to uphold the complaint; the Commission has forwarded the complaint to the Office of the Chief for further review and or to investigate if deem necessary. This officially concludes the Commission review of complaint KPC 10-04. 3. Discussion on the possibility of terminating the televised Police Commission meetings on Hoike. Vice-Chair Iona stated that the Commission can discuss this item; however, he does not think that it is the Commissions position to discuss the possible termination of this service. Commissioner lannucci stated that the reason why this item was placed on the agenda, is because before the passing of Mayor Baptiste, it known that this is the only Commission that is being televised in the State. And because of the current budget restraints, this may be a good reason to save the county some money. Vice-Chair Iona stated that as he looked at the scope of the Commissions responsibility in the Charter and there is nothing in the Charter to indicate whether this Commission should or should not be televised. Should the Commission decide to continue to televise or not—it really doesn't matter to him, but why are we discussing this matter. Deputy County Attorney Mark Guyot stated that the rules of the Police Commission are silent- in regards to televising the meetings, the only thing that would apply in general would be that the Commission needs to comply with the Sunshine Laws and to provide accessibility like any other public function. There is nothing in the Police Commission rules regarding your ability to either instigate or terminate. Commissioner lannucci asked Mr. Isobe for his input. Mr. Isobe stated that as Commissioner Iona said, at this point in time, the Commission can make a recommendation and we would consider it. We are currently in the process of a new contract for the video streaming, and in the contract it Kaua'i Police Commission Regular Meeting —Open Session February 26, 2010. Page 13 SUBJECT DISCUSSION ACTION clearly provides for the Police Commission, Planning Commission and the County Council. Mr. Isobe stated that he would be happy to consider whatever the Commission recommends and/or suggests and does not want to necessarily offer an opinion. He added that it would take an amendment to the existing contract. Commissioner Gonsalves stated that prior to Mayor Baptiste passing, this matter was discussed and he left it up to the Commission to decide to continue televising or not to. 4. Discussion on the Hawai'i Police Commission conference that is scheduled for May 20-21, 2010, at the Waikoloa Marriott Resort, in Kona. • A motion was made by Vice- Chair Iona to defer discussions regarding the State Commission Conference to the next Commission meeting, seconded by Commissioner lannucci and unanimously carried, 6:0. Next Meeting Friday, March 19, 2010, open session to begin at 9:00 a.m., executive session to follow. New meeting location: Mo'ikeha Building— Meeting Room 2 A&B. Kaua'i Police Commission Regular Meeting—Open Session February 26, 2010. Page 14 SUBJECT DISCUSSION ACTION Executive Vice-Chair Iona cited the H.R.S. as follows: Session A motion to move into Executive Pursuant to the Hawaii Revised Statues §92-4, §92-5 (a) (2) (4), the purpose of this executive Session was made by Commissioner session is to approve the following executive session minutes and to consider the dismissal or Gonsalves Sr., seconded by Vice-Chair discipline of an officer or employee of charges brought against the officer or employee where, Iona and unanimously carried, 6:0. considerations of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. The further purpose of this executive Chair Nebre calls for a 10 minute session is to allow the Commission to consult with its Attorney on questions and issues pertaining to recess. the Commission and County's powers, duties, privileges, immunities and liabilities as they relate to these items. And to deliberate and take such action the Commission deems appropriate. Recess: 11:30 a.m. ES-1 Executive Session meeting minutes for January 22, 2010. ES-2 KPC 10-07, public complaint against an on-duty officer of the Kaua'i Police Dept. (Received on/filed on 02/01/2010) ES-3 KPC 10-1,KPC 10-2, KPC 10-03, KPC 10-04, public complaints against Department's 911 Operators and unknown officers of the Kaua'i Police Department. (CLOSED) Return to open Meeting reconvene: 11:50 a.m. A motion to ratify the actions taken in session to ratify Executive Session was made by police Commissioner lannucci, seconded by commission Vice-Chair Iona and unanimously matters carried, 6:0. Adjournment With no other business to discuss Chair Nebre entertains a motion to adjourn the meeting. On a motion by Vice-Chair Iona, seconded by Commissioner lannucci and unanimously carried 6:0. Meeting adjourned at 11:50 a.m. Submitted by: Reviewed and Approved by: Mercedes R. Youn, Staff Alfredo Nebre Jr., Chair (X ) Approved as is. ( ) Approved with amendments. See minutes of meeting.