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HomeMy WebLinkAbout062510_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting- OPEN SESSION Board/Committee: Kaua'i Police Commission Meeting Date: June 25, 2010 Location Mo'ikeha Building— Meeting Room 2 A&B Start of session: 9:00 a.m. End of session: 10:21 a.m. Present Commissioner's: Alfredo Nebre Jr., Chair, Charles Iona Vice-Chair, Russell Grady, Thomas M. lannucci, Ernest Kanekoa Jr., and James O'Connor. Also present: Chief Darryl Perry, A/C Roy Asher, ACC Alejandre Quibilan, Lt. Kaleo Perez, Lt. Dan Miyamoto, Officer Jesse Guirao and Officer Daniel Milloy. Jennifer Winn Deputy County Attorney, Cyndi Ayonon Administrative Aide and Mercedes Youn Staff. Excused Commissioner Rowena Tachibana Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:00 a.m. Approval of Commissioner lannucci moved to approve the Agenda Notice of meeting and agenda for June 25, 2010. agenda; seconded by Commission Kanekoa Jr. and unanimous) carried 6:0. Approval of Commissioner O'Connor moved to approve the Minutes Regular meeting minutes for May 28, 2010. Regular meeting minutes & Executive meeting Executive Session minutes for May 28, 2010. minutes of May 28, 2010 as submitted; seconded by Commissioner Kanekoa Jr. and unanimously carried 6:0. Recognition and Commendation Officer Daniel Milloy was selected as the Officer of the month for June. Officer Milloy Report was accompanied by his family as he was presented with a certificate of outstanding service to the Community from Chief Darryl Perry. As part of the presentation Lt. Kaleo Perez commended Officer Milloy, who along with the Officer in Charge- Officer Shawn Hanna, for his recovery of a .22 caliber rifle, methamphetamine, paraphernalia, and live ammunition. On May 3, 2010, Officer Milloy made a traffic stop for a seatbelt violation and observed more violations including driving without a license, no insurance and false certificates. During the arrest of the violator, Officer Milloy observed an ammo box on the floor of the vehicle. Officer Milloy seized the vehicle and initiated a search warrant. The subsequent search turned up the items named above. Officer Milloy's diligence and persistence paid off, as another weapon, ammunition, and meth were taken off the street. For the month, Officer Milloy also issued 25 citations, including 13 moving and 2 seatbelt violations and made 4 felony and 1 misdemeanor arrests. Commendation Report for June 18, 2010. Kaua'i Police Commission Open Session June 25, 2010 Page 2 SUBJECT DISCUSSION ACTION There were 1 memorandum of commendation and thanks received involving 13 employees. The letters will be forwarded to the employees with Chief Perry's personal thanks, sent to the Mayor, and filed in each of the employee's personal jacket. The commendation came from Sgt. Kenneth Carvalho. Those receiving the commendation are as follows: Chief Darryl Perry Asst. Chief Roy Asher, Lt's. Daniel Fort and Jon Takamura, Detectives Paul Applegate, Bryson Ponce and Sandy Wakumoto. Officer's Norberto Garcia, Mark Ozaki, Lucas Hamberg and Darla Higa. Civilian Personal— Ms. Jodi Hookano and Ms. Jessica Fletcher. Chief's monthly and Quarterly Reports include: Reports Administrative and Technical services Training Reports/Orders Fiscal/Budget Summary Patrol Services Bureau &Traffic Report: Commissioner Grady inquired about the new Cellular Phone Law. Chief Perry stated that as of today the department has issued a total of 91 violations. Chief Perry also stated that the department has been receiving complaints that some the officers are using their cell phones. Chief Perry stated that a memorandum has been sent out and he has also spoken with the officers reminding them that the only time that they are allowed to use their personal cell phone is during an emergency, or if the officer does not have a hands free device. Any other use of the cell phone such as a personal call will be subject to a misconduct investigation. Community Oriented Policing Reports for the month of June—for the districts of Lihu'e, Hanalei and Waimea. Investigative Reports Administrative Notices Personnel Orders: 2016-6 Assignment General Orders: 2010-4 Procedures for Laboratory Services (Narcotics) Kaua'i Police Commission Open Session June 25, 2010 Page 3 SUBJECT DISCUSSION ACTION Chief Announcements': o (3) Officers have sent their letters of intent to retire. o Thanked the department's temporary Fiscal Officer Patricia Layosa. Her last day is on June 30, 2010. o Chief Perry went to Oahu in response to House Resolution 139. This resolution sets the foundation for a "Memorial for Fallen Officers". For more information go on the website www.hlemf.org o A Gala has been set for December 11, 2011, on Oahu to help raise money for a Memorial that will be placed at the State Capitol. A design contest for the memorial is open to the public. The public may go on to website. Contact person; Joan Aiu. Deadline is 7/20/2011. Communication KPC 2010-11 Communication dated 5/28/10, from Chair Thomas Whittemore of the Hawai'i County Police Commission, thanking the participates of the 2010 Hawai'i State Commissioners' Conference that was held on the Big Island from May 20-21, 2010. KPC 2010-12 Communication dated 6/04/10, from Mayor Bernard P. Carvalho Jr., regarding re-consideration and withdrawal of a previous request to reduce the salary of the Police Chief. Business KPC 2010-13 Public Announcements for the following complaints: • KPC 10-14 -The Police Commission has completed its review and deliberation of the aforementioned complaint alleging wrongful arrest and charge of theft. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint. The complaint will be forwarded to the office of the Chief for further review. This officially concludes the Commission's review of complaint KPC 10-14. • KPC 10-15—The Police Commission has completed its review and deliberation of the aforementioned complaint alleging a name of a minor was included in the most wanted list on the April 12th issue of the Garden Kaua'i Police Commission Open Session June 25, 2010 Page 4 SUBJECT DISCUSSION ACTION Island newspaper. Based on the information provided, the Commission found that there was sufficient evidence to uphold the complaint and agrees with the department to initiate an internal inquiry. This officially concludes the Commission's review of complaint KPC 10-15. Cont'd from o KPC 10-16—The Police Commission has completed its review and page 2 - deliberation of the aforementioned complaint alleging police misconduct, Business harassment and police ethics. Based on the information provided, the Commission found that there was insufficient evidence to uphold the complaint. This officially concludes the Commission's review of KPC 10-16. Announcements Chair Nebre announced that the next Police Commission meeting will be on July 23, 2010, beginning at 9:00 a.m. with Executive Session to follow. The meeting will be held at the Mo'ikeha Building in Meeting Room 2 A&B. Executive Session Vice-Chair Iona cites the Hawai'i Revised Statues (HRS) at 9:24 a.m. to bring the meeting into Executive Session to discuss items pursuant to Section §92-4 and §92- 5(a) ((2) & (4), to consider and evaluate charges brought against an officer or employee where consideration of matters affecting privacy will be involved; provided that if the individual concern requests an open meeting, an open meeting shall be held. The further purpose of this Executive Session is to allow the Commission to consult with its Attorney on questions and issues pertaining to the Commissions' powers, duties, privileges, immunities and liabilities as they may relate to these items, and to deliberate and make a decision the Commission deems appropriate: ES-10 KPC 10-14, notarized complaint against an on-duty police officer. (Closed) ES-11 KPC 10-15, notarized complaint against a person (s) of the Patrol Division. (Closed) ES-12 KPC 10-16, notarized complaint against an on duty police officer. (Closed) ES-14 Communication dated 5/20/10 to Chief Perry relating to Citizen complaint against a police officer filed with the Department. Commissioner lannucci moved to enter into ES-15 KPC 1017, new notarized complaint filed against a police officer. Executive Session; seconded by Commissioner (Received on 5/21/2010) Kanekoa Jr. and unanimously carried 6:0 Chair Nebre called a recess at 9:25 a.m. for caption equipment breakdown Kaua'i Police Commission Open Session June 25, 2010 Page 5 SUBJECT DISCUSSION ACTION Return to open session Chair Nebre called for the motion to return to open session at 10:20 a.m.; and to Commissioner lannucci moved to return to open ratify the actions taken by the Commission in Executive Session. session; and to ratify the actions taken by the Ratify the Commission in Executive Session; seconded by Vice- actions taken in Chair Iona and unanimously carried 6:0. Executive Session for items ES-10 through ES-15. Adjournment Vice-Chair Iona moved to adjourn; seconded by Chair Nebre called for the motion to adjourn at meeting at 10:21 a.m. Commissioner Grady and unanimously carried 6:0. Meeting adjourned at 10:21 a.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Charles Iona, Vice-Chair () Approved as is. (x) Approved with amendments to correct typographical errors. Approved on 07/23/2010.