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HomeMy WebLinkAbout052810_REGULAR_MINUTES_POLICE_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua'i Police Commission Meeting date: May 28, 2010 Location Mo'ikeha Building Meeting Rooms 2 A&B Start of session: End of session: 9:00 a.m. 10:45 a.m. Present Commissioner's: Alfredo Nebre Jr., Chair, Charles Iona Vice-Chair, Russell Grady, Thomas M. lannucci, Ernest Kanekoa Jr., Rowena Tachibana and James O'Connor. Also present: County Deputy Attorney Jennifer Winn, Chief Darryl Perry, Deputy Chief Mark Begley, A/C Roy Asher, ACC Alejandre Quibilan, Lt. Mark Scribner, Sgt. Vicki Fonoimoana, Lt. Dan Fort, Officer's Scott Williamson, James Miller, Jesse Guirao and Colin Nesbitt. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:00 a.m. Approval of Commissioner Tachibana moved Agenda Notice of meeting and agenda for May 28, 2010. to approve the agenda, seconded by Vice-Chair Iona and unanimous) carried 7:0 Approval of Commissioner O'Connor moved Minutes Regular meeting minutes for April 23, 2010. to approve the Regular and Executive Session minutes for April 23, 2010. Executive Session minutes as submitted, seconded by Commissioner Kanekoa Jr., and unanimous) carried 7:0 Introduction of the new SHOPO Chair Nebre introduced Officer Jesse Guirao, Kaua'i Chapter SHOPO Chairman - SHOPO (State of Kaua'i Chapter Hawai'i Organization of Police Officers) Representative Commissioner lannucci requested that Officer Guirao give an overview of the SHOPO Organization and his role as the Kaua'i Chapter Chairman. Officer Jesse Guirao began by acknowledging the other members of SHOPO Board who were not able to attend today's meeting. They are Vice-Chair James Rodriguez, Secretary Damain Loo and Treasurer Mark Ozaki. Officer Guirao explained that SHOPO is the labor union representing the police officers from each different county. SHOPO's mission is to promote the Professional ization and Specialization of the police Cont'd—from service, specifically to: Kaua'i Police Commission Open Session May 281h, 2010 Page 2 SUBJECT DISCUSSION ACTION page 1 o Improve the economic, social and civil status of the members of SHOPO; • Represent and act on behalf of its members in matters affecting and/or arising out of their employment relationships; • Improve efficiency in the police departments; • Serve as the exclusive bargaining representative for the membership of SHOPO on all collective bargaining with management as authorized by ACT 171, Session Laws of Hawai'i, 1970, State of Hawai'i • Achieve the purposes and objectives of SHOPO through legislation, legal and other appropriate means; and • Support any other purpose which would be beneficial to the collective membership of SHOPO. Commissioner lannucci stated that it is important that the Police Commission have a good relationship with SHOPO. Commissioner Grady asked where the SHOPO Office located is. Officer Guirao answered that the SHOPO Office is located in Liihu'e at 3146 Akahi Street. Commissioner Grady then asked how long Officer Guirao's term as the Kaua'i Chapter Chairman is. Officer Guirao replied that his term is for four (4) years and that the Chapter meetings are held once a month, unless there is an issue that needs to be addressed sooner he stated that the State Board meetings are held on the 3rd Friday of each month on O'ahu. Vice-Chair Iona asked under the State Board level, is your interaction with the other County Chairs equal? Officer Guirao said yes. Commissioner Tachibana asked if his position is compensated. Officer Guirao said no because it's voluntary position. As part of the conversation Chief Perry added that the department has a special relationship with SHOPO and they hold standing meetings on a regular basis. The goal of the department is to continue its service to the community and to help its officers because the job they hold can be very stressful and the department does not want to add to their stress level. Officer Guirao stated that he supports Chief Perry and will help him in every way that he can. He understands that the Chief's term is coming up again and informed the Commission that he will support the Chief in his next term adding that the Chief needs to continue his work with the department. Cont'd from The Commission members had no further questions for Officer Jesse Guirao. page 2 Kaua'i Police Commission Open Session May 281h, 2010 Page 3 SUBJECT DISCUSSION ACTION Recognition and o Recognition of Officers who received an award for outstanding OVUII enforcement from MAD Commendation (Mothers Against Drunk Driving) Report Chief Perry noted that the respective supervisors are here today to speak on behalf of the Officers. Speaking on behalf of Officer Jason Overmyer was Acting Sergeant James Miller. Acting Sgt. Miller stated that Officer Overmyer has many responsibilities, he is assigned as the departments lead Investigator for all fatal and serious injury traffic collision; Drug Recognition Expert in which he is the coordinator for all of the drug recognition events that are held on island; he is also an Instructor in the Standardized Field Sobriety Test that is responsible for the training of the new recruits. A/S Miller stated that with all of the responsibilities that Officer Overmyer over sees he still manages to make fifteen (15) DUI arrests. With respect to all of that, A/S Miller commended Officer Overmyer for his outstanding enforcement performance and is well deserving of the MADD award for OVUII enforcement. Speaking on behalf of Officer Colin Nesbitt was Sgt. Vicki Fonoimoana, Acting District Commander for the Waimea District. Sgt. Fonoimoana stated that she selected Officer Nesbitt for the Waimea District because of his outstanding performance relating to OVUII arrests. Officer Nesbitt was responsible for six (6) OVUII arrest last year and has issued five hundred (500)traffic citations, twenty-one (21) of which was for speeding violations, one hundred and twenty-nine (129)was for other related traffic moving violations and sixty-one (61)for seat belt violations. Sgt. Fonoimoana believes that Officer Nesbitt deserving of the award because he was a top contributor and performer for his district. Speaking on behalf of Officer Rolland Peahu was Rod Green, Acting Sergeant for the 1" Platoon Hanalei District. (Filling in for Lt. Michael Contrades) Acting Sergeant Green stated that by the year 2009, Officer Peahu made a total of two hundred (200) OVUII arrests. He also wrote a total of one-thousand eight-seven (1087)citations of which fifty-eight (58)was for seat belt violations and eighteen (18)for speeding violations. So far for this year, Officer Peahu has made three (3) OVUII arrests as well as issuing a total of six-hundred and thirty-five (635) citations. Remarkably, he issued three-hundred and nine (309)seat belt violations for this year alone, of which one-hundred and sixty (160)was moving violations and out of the hundred and sixty-two (162), twenty-one (21)was for speeding citations. In closing, A/Sgt. Green commended Officer Peahu Kaua'i Police Commission Open Session May 281h, 2010 Page 4 SUBJECT DISCUSSION ACTION Cont'd from for a job well job for his enforcement efforts and OVUII arrests. page 3 Speaking on behalf of Officer Scott Williamson was Officer Jesse Guirao. Officer Guirao commended Officer Williamson for his outstanding enforcement efforts and credits him for the high number of citations that he issued throughout the year, he is well deserving of MADD 2010 Law Enforcement Award. Adding to the recognition, Chief Perry commended the Officers who received the MADD Award, stating that the work that these officers perform truly saves lives on the highways, especially the lives of innocent people who are just driving along and getting hit by a drunk driver. Chief Perry gave recognition to the other Officers who are out in the community protecting the citizens of this island. o Commendation Report for May 21, 2010. There were five (5) memorandums of commendation and thanks received involving twenty (20) employees. These letters will be forwarded to the employee along with the Chief's personal thanks, sent to the Mayor, and filed in each employee's personal jacket. Officer's receiving commendation: AC Roy Asher, Acting AC's-Alejandre Quibilan, Mark Scribner, Lieutenant's Sherwin Perez, Michael Contrades, Acting Lieutenant Robert Gausepohl, Acting Sergeant James Miller, Detective's— Randolph Chong Tim, Bryson Ponce, and Officer's—James Rodriguez, Ray Takekawa and Jay Scribner. Also, Ms. Claire Ueno, Juvenile Counselor, Ms. Audrey Silva, Ms. Alison Ageno, Ms. Eunice Apeles and Ms. Joni Arakaki. Commendation letters were received by: • Mr. David M. Lam, JCFSB Administrator Fifth Judicial Circuit • Mr. Melvin Rapozo, Event Coordinator MS Walk 2010 • Mr. & Mrs. Norbert (Rosemary) Smith • Mr. Rowland Pilaria Chief's Monthly Reports include: & Quarterly Reports Administrative &Technical Services Training Report/Orders Cont'd from Fiscal/Budget Summary a e4 Patrol Services Bureau & Traffic Report Kaua'i Police Commission Open Session May 281h, 2010 Page 5 SUBJECT DISCUSSION ACTION Community Oriented Policing Reports for the month of May—for the Districts of Lfhu'e, Hanalei and Waimea Investigative Reports Administrative Notices Personnel Orders 0 2010-3 Hire & Resignation o 2010-4 Assignment 0 2010-5 Resignation, Retirement&Assignment General Orders o 2010-2 Extradition & NCIC Input for Outstanding Warrants Chief's Announcements o Chief Perry introduced Justin Kollar, Deputy County Attorney assigned to the Kaua'i Police Department. o Chief Perry announced that he along with four(4) of the departments civilian employees attended a one-day Disney Institute Seminar workshop. The seminar focused four(4) primary areas such as quality management training, safety issues, creativity and efficiency, with safety being the number one priority for the department and its employees. Business o KPC 2010-6 Recap of the 2010 Hawai'i State Commissioner's Conference held on the Big Island Kona from May 20-21, 2010. Kaua'i Police Commission Open Session May 281h, 2010 Page 6 SUBJECT DISCUSSION ACTION Commissioner Grady reported that the conference was a success and that he liked how they adjusted the time of the conference to start at 12 noon, allowing the outer island Commissioners to fly in the day of the conference—a real cost savings all around. As for the speakers they were basically from the Big Island with various backgrounds. Commissioner Grady commended Commissioner Kanekoa (who was a guest speaker)for a great presentation. Commissioner Kanekoa stated that he was glad that he got to meet and converse with the other Commissioner's about issues that the Police Commission face. Chair Nebre reported that one of the primary topics that were discussed at the conference related to the controversial Medicinal Marijuana issue. o KPC 2010-7 Discussion and deliberate on the Commissions' position relating to the Accreditation process for the Kaua'i Police Department. Chair Nebre stated that the reason why he requested that this item be placed on the agenda was to inform the Administration that the Commission is continuing its support of the department's quest to become an Accredited Agency. He then suggested that the Commission send a memo to the Administration reinforcing the Commissions commitment to follow through with the Accreditation process. Vice-Chair Iona asked what the status on the Accreditation process. Chief Perry reported that the department is moving forward, and that Acting AC Scott Yagihara is working on the peripheral. Currently the department is waiting for the promotions to be completed; and once that is done they will able to proceed in assigning an individual too specifically work full time on the Accreditation process, and with the help of legal advisor Justin Kollar who is busy updating the department's policy and procedures in preparation for the Accreditation Manager position. Chief Perry stated that promotion process should be completed by August or September of this year. Vice-Chair Iona asked about the timeframe and is the department looking to accredit each department one at a time or as a whole. Chief Perry said department as whole, as for the time frame the process should be completed by the year 2014 or by 2015. Commissioner O'Connor asked if the department is facing any budgetary issues right now. Chief Perry said no. Kaua'i Police Commission Open Session May 281h, 2010 Page 7 SUBJECT DISCUSSION ACTION With no further discussion, Chair Nebre called for a motion to send a memo to the Administration on behalf of the Kaua'i Police Department quest for Accreditation and to encourage the Administration to continue its support in the process. Discussion Commissioner lannucci stated that he doesn't feel that it is necessary for the Commission to send a memo, stating that it's pretty straight forward. Vice-Chair Iona stated that he thinks it would be worth it for the Commission to send the memo because would be kept on a record. He then said that the process may become a problem down the line because of certain criteria's that needs to be met and if the Administration feels otherwise it may just hinder the Accreditation process. Letting the Administration know that the Police Commission is in full support of the Accreditation process is the way to go. Commissioner lannucci disagrees stating that he thinks it's a waste of time and effort, although Commissioner Tachibana moved he is for the Accreditation process. He asks to call for the vote. that the Commission sends a memo to the Administration in At this time Chair Nebre called for the vote. support of the Police Department continued quest for Accreditation of the Department, seconded by Commissioner Kanekoa with 6 ayes from Commissioner's Grady, Iona, Kanekoa, O'Connor, Tachibana and Nebre; with (1) nay from Commissioner lannucci. The motion carried. 6:1. • KPC 2010-8 The Police Commission has completed its review of the following complaints and has issued a public announcement for KPC 10-08, KPC 10-09, KPC 10-10, KPC 10-11, KPC 10- 11, KPC 10-12 and KPC 10-13. • KPC 2010-9 Discussion and deliberation for possible approval of the Commissions revised Vice-Chair moved to accept the meeting schedule. revised 2010 Police Commission schedule, seconded by Commissioner Tachibana and Kaua'i Police Commission Open Session May 281h, 2010 Page 8 SUBJECT DISCUSSION ACTION unanimously carried 7:0. o KPC 2010-10 Discussion and deliberation on the Commissions' position relating to the requested from Mayor Bernard P. Carvalho Jr., to effectuate a decrease for the Police Chief's salary for FY 2011, pursuant to Section 29.03 of the County Charter. Vice-Chair Iona stated that he would like to make a motion to defer this item as the Commission has been informed that a revised communication will be coming forth from the Administration. Vice- Chair Iona moved to defer Chair Nebre called for the motion. this item pending the revised letter from the Administration, seconded by Commissioner lannucci and unanimously carried. 7:0 Announcements Chair Nebre announced that the next Commission meeting will be on June, 25, 2010. Open session to begin at 9:00 a.m. followed by Executive Session. Meeting will be held at the Mo'ikeha Building in Room 2 A and B. Executive Commissioner lannucci moved to Session Bringing the meeting into Executive Session Vice-Chair Iona cites the Hawai'i Revised Statues §92-4 enter into Executive Session, and §92-5(a) (2) (4). seconded by Commissioner Kanekoa and unanimously carried Chair Nebre called for a 10 minute recess and caption break. 7:0. Recess: 10:03 a.m. Return to Open Commissioner lannucci moved to Session Meeting reconvened at 10:44 a.m. return open session, seconded by Commissioner Tachibana and unanimous) carried 7:0. Ratify Commissioner lannucci moved to Chair Nebre called for the motion to ratify. ratify the actions taken in Kaua'i Police Commission Open Session May 28Th, 2010 Page 9 SUBJECT DISCUSSION ACTION Executive Session for items ES 8 through ES 13, seconded by Commissioner Tachibana and unanimous) carried 7:0. Adjournment Commissioner lannucci moved to Chair Nebre called for the motion to adjourn the meeting. adjourn the meeting, seconded by Commissioner Tachibana and unanimously carried 7:0 Meeting adjourned at 10:45 a.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Alfredo Nebre Jr., Chairman (x) Approved as is. Approved in 6/14/2010. ( ) Approved with amendments. See minutes of meeting.