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HomeMy WebLinkAbout082610_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua'i Police Commission Meeting Date: August 26, 2010 Location Mo'ikeha Building Meeting Room 2 A&B Start of Session: 9:10 a.m. End of Session: 11:25 a.m. Commissioner's Chair Alfredo Nebre Jr., Vice-Chair Charles Iona, Russell Grady, Thomas M. lannucci (arrived at 9:25 a.m.), Rowena Tachibana, present Ernest Kanekoa Jr. Also present: Chief of Police Darryl Perry, Assistant Chief Alejandre Quibilan, Lt. Kaleo Perez and Officer Chad Cataluna. Deputy County Attorney Jennifer Winn, Administrative Aide Cyndi Ayonon and Boards and Commissions Staff Mercedes Youn. Guests: Sue Kanoho President of the Aloha Visitor Society and Trisha Yamashita Executive Director. Member of the public Debra Morel. Excused Absent Commissioner James O'Connor SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:10 a.m. Approval of Agenda Commissioner Tachibana Chair Nebre called for the motion to approve the agenda. moved to approve the agenda; seconded by Commissioner Kanekoa and unanimously carried 5:0 Approval of Minutes Vice-Chair Iona moved to Regular minutes of July 23,2010 approve the Regular and Executive Session minutes of July 23, 2010. Executive meeting minutes of July 23, 2010; seconded Chair Nebre called for the motion for the approval of the meeting minutes. by Commissioner Tachibana and Chair Nebre asked if there was anyone in the public who wishes to testify on any of the items that are unanimously carried 5:0. listed on the agenda. Public Testimony Ms. Debra Morel began by saying that she was very happy that Chief Perry has decided to stay on as Police Chief. Ms. Morel stated that she has been approached by numerous community members who have expressed their feelings on the Chief's performance and of the good changes that he has brought to the community. These changes are invaluable, unprecedented and have impacted families positively and, with all confidence saved lives. As a probation officer, Ms. Morel accredited her knowledge to the judicial Kaua'i Police Commission Regular Session August 26, 2010 Page 2 SUBJECT DISCUSSION ACTION system, having worked as a social worker in tandem with several police units. Ms. Morel continued to say that communication plays a major role, and her dialogue with Chief Perry is invaluable and it benefits the community and for that reason she feels that there is no need for her to approach the Police Commission or the Mayor. In closing, Ms. Morel stated that she is remains hopeful that the Police Commission will take to heart all of the wonderful things that Chief Perry has done and is continuing to do for this community. Presentation by Sue Kanoho, President of Sue Kanoho and Trisha Yamashita, representing the Visitor Aloha Society, provided insight on the the Visitor Aloha organizations' purpose, mission and goals. As part of her presentation, Ms. Kanoho handed out Society of Kaua'i & informational brochures/pamphlets on tips for a safe vacation. The brochure also included a list of Trisha Yamashita, important contact numbers. The information is given to each visitor(victim) as a reference. Executive Director. The Visitor Aloha Society of Kauai (VASK) is a volunteer non-profit organization that works in partnership with the Kaua'i Police Department to provide assistance to victimized visitors. Their contact number is (808)482-0111. Recognition and Commendation Recognition Report Lt. Perez thanked the Commission for the opportunity to recognize Officer Chad Cataluna for the Officer of the month of August. In recognition of Officer Cataluna, Lt. Perez stated that on June 21, 2010, Officer Cataluna responded to a local resort for a report of two suspicious males on property. Two portable toilets were tipped over, one tossed into a nearby lagoon. The subjects denied tipping over the toilets, and the security officer's served them with no-trespassing warnings then released. Upon further investigation and checking around the resort property, other incidents and damages were discovered; burglary of a construction-office trailer, whereby the suspects entered through the window, took a fire extinguisher and sprayed it on the building and into the gas tank of a company vehicle parked outside. In addition, the suspects defecated on computer equipment inside the office trailer as well. Lt. Perez continued to say that Officer Cataluna followed-up on the cases and re-interviewed the two suspects, and ended up arresting both suspects for three felonies each; two counts of second-degree criminal property damage, and one count of second- degree burglary. Lt. Perez stated that Officer Cataluna did an excellent job of following up with the investigation and arresting the suspects. These cases could have gone unresolved; however, Officer Cataluna recognized the potential for solving the case. Officer Cataluna's persistence in conducting a thorough investigation produced good results. In addition, Lt. Perez stated that Officer Cataluna was also involved in another case, of which he investigated a theft of aluminum. Officer Cataluna's fine investigative skills enabled him to solve the case and make an arrest. Kaua'i Police Commission Regular Session August 26, 2010 Page 3 SUBJECT DISCUSSION ACTION In closing, Lt. Perez stated that Officer Cataluna has been a steady, consistent and conscientious officer who has been constantly productive in investigations, arrests and traffic enforcement. Chief Perry presented Officer Cataluna with a certificate of recognition, commending him for his outstanding and exemplary service to the community on behalf of the citizens of the County of Kaua'i, State of Hawai'i, and members of the Kaua'i Police Department. He stated that Officer's Cataluna's thorough investigation which resulted in the arrest of two individuals for criminal property damages and burglary and due diligence in conducting an exceptional interview and interrogation skills enabled him to get confessions from the suspects. His efforts are a true reflection of his dedication to his profession and commitment to keeping the community safe, said Chief Perry. Commendation Report There were (4) memorandums of commendation and thanks received involving (9) employees. These letters will be forwarded to the employees with the Chief's personal thanks, sent to the Mayor, and filed in each of the employees'jacket. The recipients' are as follows: Officer's Barry DeBlake, Aaron Bandmann, Damien Loo, Michael Marshall, Makana Riviera, Anthony Abalos, Shelley Rodrigues, David Banquel and Joel Miyashiro. Chief's Monthly& Quarterly Reports Reports include: Administrative and Technical Services Training Reports and Orders Fiscal and Budget Summary Patrol and Traffic Community Oriented Policing Reports for August 2010, the districts of Lfhu'e, Hanalei and Waimea. Investigative Report With regards, to the K-PAL Programs/Participants, Commissioner Grady stated that he was impressed with the amount of participants for the different activities, with basketball showing a total of 1200 kids. Commissioner Grady questioned the report on the White Collar cases, which shows (8) carry-over cases with zero percent cleared. Chief Perry reported that because of the nature of the crime, the investigation itself can take a certain amount of time because the numerous individuals and entities are involved. Kaua'i Police Commission Regular Session August 26, 2010 Page 4 SUBJECT DISCUSSION ACTION Administrative Notices Commissioner lannucci asked for a brief overview of the policy update for the department. Chief Perry reported that recently the department has changed its promotional assessment process as designed by the IACP to evaluate and rank promotional candidates. The promotional procedures will be consistent with the Hawai'i Revised Statues that govern promotions and the Rules and Regulations of the Department of Personnel Services. Personnel Orders General Orders Chief's announcements • Chief Perry reported that he met with Chief of Building Doug Haigh, regarding the drainage system for the cellblock restoration. During the construction period the department has been in close contact with the Sheriff's Department regarding the temporary use of their cellblock; • and the problem with the mold and mildew in the evidence room is moving forward and it should be completed by the end of this month. • The relocation of the Waimea sub-station to the old Waimea Dispensary should be completed within a year. Chief Perry noted that the site will be temporary/permanent for at least 5-10 years in the meantime the department is looking for a permanent location. • The relocation of Kapa'a sub-station, the department is looking at an area near the Kapa'a base yard. Lt. Michael Contrades is spearheading the project. • With regards to the CAD System, the department is working with the Purchasing Department to eliminate the glitches. No venue has been selected to date. • Since the new cell phone law took effect, the department has issued over 172 citations for cell phone use violation. Business KPC 2010-18 Discussion and deliberation on the year-end performance evaluation of the Police Chief on: • the process and methodology; • and FY 2009-2010 Chief of Police goals The Commission was informed that the Chief's performance evaluation deadline is Thursday, October 28, 2010. Discussion Kaua'i Police Commission Regular Session August 26, 2010 Page 5 SUBJECT DISCUSSION ACTION Commissioner lannucci recalls that the process and methodology the Commission utilized went as far back with Mayor Bryan Baptiste and felt that the process should not be changed. The Commission has created its own evaluation form (with the okay from DPS) and the rating system is similar to what DIPS is using. With regards to the stakeholders selection process the Commission needs to go into Executive Session to discuss the matter. Chair Nebre asked for clarification from the Boards and Commission Administrator John Isobe, as it relates to the stakeholders evaluation process. Mr. Isobe stated that he is here today to answer questions and felt that Commissioner Iannucci explanation was appropriate. Commissioner Grady questioned if the selection of the stakeholders is just a recommendation and not mandatory. Mr. Isobe stated that the selection of the stakeholders is just a starting point for the Commission to consider, and that the intent is to provide the Commission with a cross section of people that we feel has direct interaction with the Police Department as well as being able to respond to some of the issues that are contained in the evaluation. Commissioner Iannucci asked if the process is the same for all Boards and Commissions and department heads. Mr. Isobe said yes, the policy and procedure is for the appointing authority of a Board, Commission or Department Head. KPC 2010-19 Discussion and deliberation on the selection of a topic to discuss at the Police Commissioner's roundtable discussion for the 2010 HSLEOA (Hawai'i State of Law Enforcement Officers Association) Conference. Commissioner Grady suggested that the Commission email the secretary with their suggestions. Commissioner Iannucci suggested having an open discussion, and that the topic could be general. Vice-Chair Iona asked Chief Perry if the agenda has been completed. Chief Perry stated that there is an agenda, however, it has not been finalized and that Assistant Chief Roy Asher is still working on it. Chief Perry stated that one of the main topics that will be discussed at the conference is the issue relating to the medical marijuana. Vice-Chair Iona stated that he would prefer that the topic be related to law enforcement issues. KPC 2010-20 Public announcement for notarized complaints as follows: o KPC 10-18 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 or to investigate if deemed necessary. This officially concludes the Commissions' review of complaint KPC 10- Kaua'i Police Commission Regular Session August 26, 2010 Page 6 SUBJECT DISCUSSION ACTION 18. o KPC 10-19 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 or to investigate if deemed necessary. This officially concludes the Commissions' review of complaint KPC 10-19. o KPC 10-20 Based on the evidence 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 or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-20. o KPC 10-21 Based on the evidence provided, the Commission found that there was insufficient evidence to uphold the Deemed necessary. The complaint will be forwarded to the Office of the Chief for further review or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10- 21. o KPC 10-23 Based on the evidence 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 or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-23. o KPC 10-24 Based on the evidence 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 or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-24. o KPC 10-26 Based on the evidence 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 or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC Kaua'i Police Commission Regular Session August 26, 2010 Page 7 SUBJECT DISCUSSION ACTION 10-26. o KPC 10-27 Based on the evidence provided, the Commission has determined to receive the complaint. Pursuant to the Kaua'i County Police Commission Rules and Guidelines for filing a complaint, all complaints must be filed within thirty calendar days from occurrence, unless the Commission finds good cause for an extension of time. This officially concludes the Commission's review of complaint KPC 10-27. o KPC 10-28 Based on the evidence provided, the Commission has determined not to receive the complaint. Pursuant to the Kaua'i County Police Commission Rules and Guidelines for filing a complaint, all complaints must be filed within thirty calendar days from occurrence, unless the Commission finds good cause for an extension of time. This officially concludes the Commission's review of complaint KPC 10-28. o KPC 10-29 Based on the evidence provided, the Commission has determined not to receive the complaint. Pursuant to the Kaua'i County Police Commission Rules and Guidelines for filing a complaint, all complaints must be filed within thirty calendar days from occurrence, unless the Commission finds good cause for an extension of time. This officially concludes the Commission review of complaint KPC 10-29. o KPC 10-30 Based on the evidence 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 or to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-30. o KPC 10-31. Based on the information provided, the Commission determined not to receive the complaint. Pursuant to the Kaua'i County Police Commission Rules and Guidelines for filing a complaint, all complaints must be filed within the thirty calendar days from occurrence, unless the Commission finds good cause for an extension of time. This officially concludes the Commission's review of complaint KPC 10-31. Communication KPC 2010-17 Communication dated 08/10/10 from the Kaua'i Police Commission to the National Commissioner lannucci Association for Civilian Oversight of Law Enforcement relating to proxy vote authorization for Chairman moved to receive;seconded Kaua'i Police Commission Regular Session August 26, 2010 Page 8 SUBJECT DISCUSSION ACTION Alfredo Nebre Jr., attending the 2010 NACOLE Conference in Seattle, Washington on September 20-23, by Commissioner 2010. Tachibana and unanimously carried 5:0. Announcements Next Meeting-Thursday, September 30, 2010. Open Session to begin at 9:00 a.m. with Executive Session to follow, in Meeting Room 2 A&B at the Mo'ikeha Building. Executive Session Vice-Chair Iona cited the Hawai'i Revised Statues at 10:05 a.m. bringing the meeting into Executive Session on matters pursuant to Section §92-4 and §92-5 (a) (2) (4)and (8). The purpose of this Executive Session is 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 concerned requests an open meeting; an open meeting shall be held. The further purpose is to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law, or court order. And to allow the Commission to consult with its attorney on questions and issues pertaining to the Commission's and the County's powers, duties, privileges, immunities and liabilities as they may relate to these items, and to make a decision the Commission deems appropriate. • ES-32 Request from a member of the public to discuss a matter relating to the handling of past complaints filed against officers of the Kaua'i Police Department. • ES-33 Discussion and deliberation on selecting stakeholders to evaluate the performance of the Chief. • ES-34 Discussion and deliberation relating to the Chief's Employment Agreement. • ES-35 Discussion and deliberation and legal update from the County Attorney's Office regarding a Notice to Respondents of Prohibited Practice Complaint; Prohibited Practice Complaint from the State of Hawai'i, Hawai'i Labor Relations Board, Case No. CE-12-765. • ES-36 Copy of a Notice dated 07/27/10 from the Administrative Review Board Hearing for KPD- IA, Case No. 08-28, to Chief Perry. Vice-Chair Iona moved to • ES-37 Copy of a Notice dated 07/27/10 from the Administrative Review Board Hearing for KPD- enter into Executive IA, Case No. 08-32, to Chief Perry. Session; seconded by • ES-25 KPC 25, Notarized complaint filed on 06/24/10, against an on-duty police officer. (Deferred Commissioner Tachibana on 07/23/10) and unanimously carried • ES-38 KPC 10-32, New notarized complaint filed against an on-duty police officer, (Received on 6:0. 08/04/10) Chair Nebre called for a 10 Chair Nebre called for the motion to enter into Executive Session. minute caption break at 10:10 a.m. Kaua'i Police Commission Regular Session August 26, 2010 Page 9 SUBJECT DISCUSSION ACTION Return to Open Commissioner lannucci Session to ratify the Chair Nebre called for the motion to ratify the actions taken in Executive Session. moved to ratify the actions actions taken in taken in Executive Session Executive Session for items ES-25 and ES-32 for items ES-25 and through ES-38; seconded ES-32 through ES-38. by Commissioner Kanekoa and unanimously carried 6:0. Adjournment Chair Nebre called for the motion to adjourn the meeting. Commissioner Grady moved to adjourn the meeting; seconded by Commissioner Kanekoa and unanimously carried 6:0 Meeting adjourned at 11:25 a.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Alfredo Nebre Jr., Chair (X) Approved as is. Approved on 9/30/10 ( ) Approved with amendments. See minutes of meeting.