HomeMy WebLinkAbout093010_MEETING_PACKET Alfredo Nebre Jr. MEMBERS:
"4s
Chairman A161 Russell L Grady
Thomas M, lannucci
Rowena Tachibana
Ernest L, Kanekoa Jr.
Charles Iona James R,O'Connor
Vice-Chairman
OF
KA,UA'I POLICE COMMISSION
NOTICE AND AGENDA OF REGULAR MEETING
Thursday September 30, 2010
9:00 a.m.
Mo'ikeha Building
Meeting Room 2 A&B
4444 Rice Street, Lihue, Kauai 96766
CALL TO ORDER
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Regular Meeting minutes of August 26, 2010
Executive Session minutes of August 26, 2010
PRESENTATTION
• Justin Kollar, Deputy County Attorney providing an update on the Kaua'i Police
Department's Accreditation process.
RECOGNITION AND COMMENDATION REPORT
Officer of the month for September: Officer Aaron Relacion
CHIEF'S MONTHLY & QUARTERLY REPORTS
Administrative, Technical Services & Training Report/Order
Fiscal Report
Patrol Services Bureau& Traffic Report
Community Oriented Policing Report for September 2010 for the districts of Uhu'e,
Hanalei and Waimea
Investigative Service Bureau Report
Administrative'Notices
2010-05 Restricted use of the Kipa/Maluhia Range Flood Light
z:1
2010-06 Promotion Ceremony
Personnel Orders
2010-12 Promotion & Transfer
I � Page
General Orders
2010-5 Discipline Policy Governing the FBI NCIC System
2010-6 Oath of Office
2010-70VUII Procedures and Requirements of the Implied Consent Law
2010-8 Legal Documents: Recording and Service
2010-9 Rescinding G.O. 84-22, Roadblock,,"Checkpoint/Roadside Screening
Procedures.
Chief s Announcements
COMMUNICATION
KPC 2010-21 Communication dated 9/21/10 from Deborah A. Morel to Chairman Nebre
and Members of the Kaua'i Police Commission, thanking the Commission for
the time and consideration given, in her support of Chief Perry., and the entire
Police Department.
BUSINESS
KPC 2010-22 Recap from Chair Nebre on the 2010 NAC OLE Conference held on
September 20-23, 2010, in Seattle, Washington.
KPC 2010-23 Recap of the 2010 HSLEOA Conference held on September 23-24, 2010, at
the Kaua'i Marriott Resort.
KPC 2010- 24 Public Announcement for Kaua'i Police Commission notarized complaints
against Officer's of the Kaua'i Police Department:
o KPC 10-25
o KPC 10-32
ANNOUNCEMENTS
Next Meeting- Friday, October 22, 2010, Open Session to begin at 9:00 a.m.: Executive
Session to follow at the Mo'lkeha Building in Meeting Room 2 A&B.
EXECUTIVE SESSION
Pursuant to Hax,,,ai'i Revised Statutes §92-4 and §92-5(a) (2) (4), 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; and to consult
with its Attorney on questions and issues pertaining to the Commission's powers, duties,
privileges, immunities, and liabilities as they may relate to the following issues:
ES-34 Discussion and deliberation on the Chief s Employment Agreement.
P a a e
Kaua'i Police Commission Notice of Meeting and Agenda—Thursday, September 30, 2010
ES-39 Discussion and decision making for the year-end performance evaluation of the Chief.
due 10125/10.
5/10.
(a) Progress of the Chief's Goals and Objectives for 2010.
(b)''011 Goals and Objectives for the Chief.
(c) Review Stakeholders Input
ES-40 A copy of a communication dated 9/7/10 from the Police Chief. relating to Kaua'i Police
Commission complaint KPC 10-18.
ES-41 A copy of a communication dated 9/7110 from the Police Chief,relating to the Commission's
notarized complaint for KPC 10-19, 10-20, 10-21, 10-23, 10-24, and 10-26, 10-27.
ES-42 A copy of a communication dated 8117/10 from the Honolulu Police Commission regarding
an allegation made against two Kaua'i Police Officers.
ES-43 Communication dated 8/')0/10 from the Kaua'i Police Commission in response to an allegation
made against two Officers of the Kaua'i Police Department.
ES-44 KPC 10-33, new notarized complaint received on 9/20/10, made against three Officer's of the
Kaua'i Police Department.
Pursuant to H.R.S. §92-5 (a), the Commission may, when deemed necessary, hold an
Executive Session on any agenda item without written public notice if the Executive Session
was not anticipated in advance. Any such Executive Session shall be held Pursuant to H.R.S.
§92-4, and shall be limited to those items described in 92-5 (a).
RETURN TO OPEN SESSION
Ratifv the actions taken in Executive Session for items 34 and 39 through 44.
1 9
ADJOURNMENT
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least
24-hours prior to the meeting indicating:
1. Your name and if applicable,your position/title and organization you are
representing
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only.
4. If you are unable to submit your testimony at least 24 hours prior to the
meeting, please provide 10 copies of your written testimony at the meeting.
The length of time allocated to person (s)wishing to present verbal testimony may be
limited at the discretion of the chairperson or presiding member.
3 ! Pag--
Kaua'i Police Commission Notice of Meeting and Agenda—Thursday. September 30, 2010
Send written testimony to
K'aua'i Police Commission
The of Office Boards and Commissions
Attention: Commissions Support Clerk
4444 Rice Street, Suite 150
Lihue, Hawaii 96766
Phone: (808) 241-4920
Fax: (808) 241-5127
E-Mail: rnv un myov
SPECIAL ACCOMMODATIONS
If you need an alternate format or an auxiliary aid to participate, please contact the
Boards and Commissions Support Clerk at (808)241-4920 at least five (5)working days
prior to the meeting.
4 1 P a g e
Kauai Police Commission Notice of Meeting and Agenda—Thursday, September 3 0, 2010
JRIA R I@ A�jTjfl ji
COUNTY OF KAUAI rfojv&
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
all To Order 'ca�lFedt---he Chair Nebre
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
Approval of Minutes
Regular minutes of July 23,2010 Vice-Chair Iona moved to
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
_p ve
have x
----,
e ressed their feelings on the Chief's performance and of the_good changes has that to
_
Kauai Police Commission
Regular Session
August 26, 2010 Page 2
SUBJECT DISCUSSION ACTION
_ _ , . _ __-- _..._T
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
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.
resentation 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 Kauai & informational brochureslpamphlets 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 Kauai 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 investiiated a theft of aluminum. Officer Cataluna's fine
Kauai Police Commission
Regular Session
August 26, 2010 Page 3
SUBJECT
DISCUSSION ACTION
investigative skills enabled him to solve the case and make an arrest. 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 Kauai,
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.
_..._-e;-------
Chief°s Monthly & Reports includ
Quarterly Reports
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 Lihu'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.
Administrative Notices
Commissioner lannucci asked for a brief overview of the policy update for the department. Chief Perry
_ ._.jeported that recent the department has chaneq its romotional assessment�rocess as designed_by
Kaua'i Police Commission
Regular Session
August 26, 2010 Page 4
SUBJECT DISCUSSION
ACTION
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
hone use violation.
I f'Ss
KPC: 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
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 DPS is
using. With regards to the stakeholders selection process the Commission needs to go into Executive
Session to discuss the matter.
.... .......
Kaua'i Police Commission
Regular Session
August 26, 2010 Page 5
SUBJECT --_..DISCUSSION — ACTION__.
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 lannucci
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 lannucci 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 lannucci 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-
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.
Kauai Police Commission
Regular Session
August 26, 2010 Page 6
SUBJECT �.w _:_.___ _. _ __
DISCUSSION ACTION
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
10-26.
o KPC 10-27
Based on the evidence provided, the Commission has determined to receive the complaint. Pursuant to
the Kauai 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 Count Police Commission Rules and Guidelines for filing a complaint, all
____,Y _ _
Kauai Police Commission
Regular Session
August 26, 2010 Page 7
SUBJECT_µ DISCUSSION __..__. ACTION
n_ _.__. — -----__ _._ _ _. _..._ _
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 Kauai 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;
Alfredo Nebre Jr. attending the 2010 NACOLE Conference in Seattle Washington on September 20-23 seconded by Commissioner
2010. Tachibana and unanimously
earned 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 Nawai'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
to a state or federal law, or court order. And to allow the Commission to consult with its attorney
Kaua'i Police Commission
Regular Session
August 26, 2010 Page 8
SUBJECT DISCUSSION
ACTION
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 Hawaii, Hawaii 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.
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, b6`mmi_ss_i_o,_n_er,G_,—ra Grady
to adjourn the
meeting; seconded by
Commissioner Kanekoa
and unanimously carried
6:0
Kaua'iPolice Commission
Regular Session
August 28. 2U1O Page
SUBJECT DISCUSSION
Submitted by: Reviewed and Approved by:Mercedes Youn, Staff
( )
Approved as is,
( )
Approved with amendments, See minutes ofmeeting.
Administrative & Technical Bureau Report
September 2010
TRAINING(as of August 31,2010)
During the month of August 2010,there were two training assignments plus police recruit
training which involved 12 personnel for 216 instructor hours or 13336 student hours.
Month Assignments Personnel Instructor Hours Student hours
July 2010 2 12 216 1.336
Aug 2010 5 39 247 1467
Sep 2010
T'Qtr.Totals
Increase in Student Hours is due to training for the 81 s`Police Recruit Class.
CREME TRENDS(as of August 31, 2010)
There were 3,021 calls for service, compared to 2,998 the previous month, for an increase of 23
calls for service or+0.77%.
2,363 incidents were reported to the Records Management System, compared to 2,260 incidents
the previous month, for an increase of 103 incidents or+4.56%.
There were 284 adult bookings with 458 charges filed. There were also 89 juvenile detainments
with 119 charges filed.
There were 253 Part I crimes, compared to 237 the previous month, for an increase of 16 Part I
crimes or+-6.75%.
There were 655 Part H crimes, compared to 499 the previous month, for an increase of 156 Part
H crimes or+31.26%.
There were 180 Traffic Collisions, compared to 177 the previous month, for an increase of 3
Traffic Collisions, or+1.69%.
There were 187 new warrants issued in August 2010. 99 warrants were served, with the
remaining being recalled, cancelled or returned as non-service leaving 546 outstanding warrants.
Of the outstanding warrants, 66 of the warrants are felony warrants and 480 are misdemeanor
warrants.
Calls for Reported Adult Juvenile Part I Traffic
Month Service Incidents Booidn a Elankinag Part I art 11
Jul 2010 Cowxfffe�mnsws Opfff�fe4nsw Collisions
Aug 2010 2,998 2,260 296 23 237 499 177
3,021 2,363 284 89 253 655 180
Sep 2010
Qtr totals
PERSONNEL REPORT(as of AuLyust 31,2010)
130 of 148 authorized sworn positions were filled leaving 18 vacancies.
The vacant sworn positions are as follows:
I Police Assistant Chief /Administration
I Police Assistant Chief ATB
I Police Captain ISB
I Police Lieutenant ATB/Trninina
I Police Lieutenant ATB/R&D
I Police Lieutenant PSB/Administrative
3 Police Detectives ISB
I Police Sergf-ant ISB
I Police Serm-.ant ISBNice Section.(Asset Forfeiture)
5 Police Sergeants PSB/Platoon Assignment
I Police Ser geant PSB/Relief Sergeant
I Police Services Officer
NOTE: There are 3 PSO's who are in temporary position numbers will be moved to permanent
position numbers after promotions are made which will reduce the number of actual sworn
vacancies to 15.
49 of the 75 authorized civilian positions were filled leaving 26 vacancies.
The vacant civilian positions are as follows.
I Secretary Chief's Office C
I
5 Public Safety Worker I PSB/Cell Block
I Police Records Unit Supervisor ATB/Records
2 Police Records Clerk ATB/Records
I Personnel Clerk 11 ATB/Fiscal
I Account Clerk ATB/Fiscal
I Fleet Maintenance Coordinator ATB
I Radio Dispatcher 11 (General Funds) PSB/Communications
2 Radio Dispatcher I General Funds PSB/Communications
I Radio Dispatcher I (EMSS Funds)* PSB/Communications
10 School Crossing Guard(part-time) PSB/Traffic Safety Unit
* Positions are not funded by the General Fund
Authorized Actual Vacancies
July 2010
Sworn 148 130 18
Civilian 75 49 26
August 2010
Sworn 148 130 18
Civilian 75 49 26
September 2010
Sworn
Civilian
FISCAL REPORT
The Fiscal Report for August 2010 was not available as of this writing.
MONTHLY TRAINING REPORT
AUGUST 2010
The following training assignments were scheduled/conducted during the month of August
NO. TRAINING ORDER TRAINING DATES TRAINING ASSIGNMENT PERSONNEL HOURS TOTAL
1 10-053 08/02-07/10 2010 Summer Continuing Education for Forensic Professionals Program 1 48 48
2 10-059 8/11/2010 Notarizing Made Simple: State of Hawaii Notary Seminar 2 2.5 5
3 2010-060 8/19/2010 Special Services Team-August 11 8 88
4 2010-061 08/23-24/10 PPCT RE-CERTIFICATION TRAINING 6 16 96
5 2010-063 8/26/2010 FIR Basics for New Practitioners and Small Businesses 12 4.5 54
81st Police Recruit Class- 21 days x 8 hours=168 7 168 1176
39 247 1467
TOTAL ASSIGNMENTS: 5 PERSONNEL INSTRUCTOR STUDENT
I HOURS I HOURS
Crime Trends
August 2010
TRAFFIC ACCIDENTS CRIMES BY DISTRICTS
TotalHgnalgi taha_u Ll= o a Waimea
Current Traffic Accidents 180 23 57 68 19 13
July 2010 177 22 48 67 19 21
%CHANGE 4.55% 1875% 1.49% 0.00% -3810%
TRAFFIC ACCIDENTS
mkz Minor
121,21 Maior TC Non TC Minor TC Non TC
Current Traffic Accidents 180 40 7 73 60
July 2010 177 46 4 79 48
%CHANGE -13.04% 75.00% - 7.59% 25.00%
SUMMARY REPORT
Tbil M2nth !pis M-O-= This Month %C [,Mjj Month Last Month Last Month jb-g�le
,Reported Actual Rpj Cleared This Month Reported Agiggi Rpt Cleared Last Month
Part 1 280 253 82 32A1% 259 237 64 27,00%
Part 11 730 655 420 64.12% 593 499 349 69.94%
Traffic OffenseNiolation 44 37 36 97.30% 52 47 47 100,00%
Traffic Accidents 185 180 145 80.56% 181 177 150 8435%
Miscellaneous Report 1,376 1,238 1,289 104,12% 1440 1300 1310 10037%
TOTAL: 2,615 2,363 1,972 83.45% 2,525 2,260 1,920 84.96%
9/13/2010 8:14:23AM Page 2 of 2
D:\Projects\RMS\REPORTS\MONTHLY\CRIME TRENDS V6,rpt
2010 Bench Warrant Tracking
All Outstanding Warrants
i
Records Outstanding
Month Intake (Active) f=elony Misdemeanor
January 192 590 69 521
February 143 574 64 510
March 125 568 57 511
April 197 645 60 1 585
May 160 630 67 563
June 133 506 55 451
July, 180 540 70 470
August 187 546 66 480
September
October
November
December
Records Intake shows the total number of Warrants received for each month.
Outstanding shows the total number of Active Warrants currently in KPD Records
Management System.
KAUAI POLICE DEPARTMENT
Notes to Budget Summary
For the Period July 2O1O
The Budget Status Report for July 2010 is submitted for your review and perusal, The
department's total expenditures plus encumbrances to budget is 10%, 2% ahead of budget
projections. The department is ahead of budget projections dueto |a[geencunnbrancesfor
Collective Bargaining Unit 12 uniform and equipment allowance and Physicals that rolled over
from last fiscal year,the amounts are approximately$180,000 and $121,000 respectively.
This is the beginning of the fiscal year and the department is staying on top of purchases and
ahead of budget projections duatocontractsencunnbering funds that will be spent through the
year. Equipment purchase lists have recently been provided by Purchasing, therefore,
procurement will begin shortly. The county furlough program also began effective July I, 2U1D.
^
KAUAP(}UCEDEPARTKAENT
BUDGET SUMMARY
JULY 2010
EXPENDITURES ENCUMBRANCES BALANCE Y6ofBUDGET
BUREAU BUDGET TO DATE TO DATE 7/31{200 8%
Chief's Office $22.600.308.00 $1.857.516.80 $8.688.48 $20.734.121,72 8%
Administrative&Technical Bureau 1.510.11aOO 40.282.89 307.345.86 1.162.531.25 23%
Investigative Services Bureau 310.099.00 20.420.00 33.138.53 266.54047 1796
Patrol Services Bureau 405.840.00 1.418�02 93.981,18 310.439.82 24%
Police Commission 3298500 70000 37597 3188903 3Y&
TOTAL- GENERALFUND 10Y6
Asset Forfeiture Funds 4%
PATROL SERVICES BUREAU
MONTHLY ACTIVITY REPORT
August 2010
f----------------------------------------------
t
t
t ARRESTS 3610 t
t t
! A. FELONY 89 !
t t
r B. MISDEMEANOR 252 i
t C. DUI 19 t
i �
! t
4-----------------------------------------------
------------------------------------._-.......
t �
! LEGAL. SERVICE 288 i
t �
!.-.-..._._.- -.-._.-.-.-.-.-.-.-._._._._._._._�
Revised 05106!200
MONTHLY TRAFFIC REPORT
AUGUST 2010
TRAFFIC COLLISIONS CITATIONS
FATAL FATAL INJURY SEAT
DISTRICT COUNT T/CS T/CS MOVE PARK misc BELT TOTAL
LIHUE 0 0 5 206 37 296 68 607
WAIMEA 0 01 5 109 4 61 5 179
KOLOA 0 0 4 97, 14 82 9 202
KAWAIHAU 0 01 11 255 19 222 27 523
HANALEI 0 01 4 90 146 134 2 372
TOTAL 0 0 29 757 220 795 ill 1883
TOTAL YEAR 10 9 172 5899 1201 5097 1160 13357
MONTH PREV
YR 0 0 17 559, 162 498 69 1288
TO DATE
PREV YR 6 5 1801 3717 1262 4482 1241 107021
REC-IEIVEE)
3 1010
Community oriented Policing Rel
10,r. ,, EPAR-T INN
L jlTY OF AU�
Traffic Safet Unit -ot �' K
\t
I kr
TO: DARRYL PERRY, CHIEF OF POLICE
VIA: -MARK BEGLEY, DEPUTY CHIEF
ALEJA-,\1DRE QUIBILAN, ACTING ASST. CHIEF,PSB )kL,
SHER)NTINT PEREZ, ACTING CAPTAINI, PSB
FROM: MARK SCRIBNER, LIEUTENANT, TSU
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR AUGUST 2010
I. ENFORCEMENT EFFORTS
Parking IMisc . Seatbelt Moving Speeding 0VUII
Traffic Safety Up-it 1 76 45 75
31 0
Totals E--
1 76 45 75 31 0
The Traffic Safety Unit made and 5 misdemeanor arrests .
Ii. SPECIAL OPERATIONS
A. The Traffic Safety Unit conducted 4 Sobriety Check points
totaling 10 hours . There was 1 Pro Det . 3rd arrest, 1 open
container (passenger) arrest, 1 Contempt of Court arrest, 1
failure to Appear arrest, and a total of 58 citations were
issued.
B. The Traffic Safety Unit did a speed project at K51o;-:
School, set up the speed trailer and did enforcement in the
area.
III. MEETINGS
A. Lt. Scribner and Sgt . Gausepohl attended a DNTA collection
meeting on August 9`h, 2010 .
Page I of 2
B . Lt . Scribner and Sgt. Gausepohl attended a Kauali Marathon
coordinating meeting on August loth, 2010 .
C. Lt . Scribner attended the monthly Hawaii Traffic Records
Coordinating Committee Meeting on August 26`h, 2010 .
IV. TRAINING
A. Traffic Safety Unit trained Recruit Class August 2010 .
Submitted for your review and approval.
Mark Scribner K-100
Lieutenant TSU
09/05/10 1645 hrs.
Page 2 of 2
Community Oriented Policing Report
jr,
Lihue Distr ' t
TO DARRYL PERRY, CHIEF OF POLICE F
VIA MARK BEGLEY, DEPUTY CHIEF OF POLICE
ALE QUIBILAN,ACTING ASSISTANT CHIEF, PSB Al.
FROM SHERWIN K. PEREZ, LIEUTENANT, LIHUE, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR (AUGUST, 20101
I. ENFORCEMENT EFFORTS
A. Citations/OVUII
lPlatoon,/Sergeant Park Misc. Seatbelt moving
I/Sgt. Shimabukuro 25 83 15 52
II/OIC Cummings 20 149 2 79
III/OIC Kapua 7 98 27 96
jTotals 52 1 330 44 227
B. Arrest Log
Platoon/Sergeant FEL MIST? OVUII
I/Sgt. Shimabukuro 12 43 3
II/OIC Cummings 14 39 2 1
III/OIC Kapua 11 43 2
Totals 37 125 7
Llhule District (Beats 150, 156, and 450) handled 1275 cases for
the month out of 2615 for the entire island. This amounts to
49% of all cases, island wide.
ABANDONED/DERELECT VEHICLES: 17 vehicles posted abandoned or
derelict .
II. SPECIAL OPERATIONS AND PROJECT
"Kauali' s Most Wanted" Bench Warrant Program: 7 of the weekly
featured "most wanted" from July and previous months were
arrested in August. To date, 132 of the 211 featured weekly
most wanted were arrested; several have been reported to have
moved out of state, and some are incarcerated on Oahu and out
of state . July 21st marked the one-year anniversary of this
Page I of 4
program. Beginning in August, the program will be scaled back
to monthly postings instead of weekly.
ALL WARRANTS: For August, 2010 :
Bench Warrants served: 78
Arrest Warrants served: 1
Grand Jury Warrants served: 20
Total warrants served: 99
NAWILIWILI AND NIUMALU CHECKS:
Continued checks and monitoring made by on-duty officers during
the night at Nawiliwili and Niumalu areas, especially on
Thursday nights when the NCL Cruise Line is docked overnight .
NEIGHBORHOOD CHECKS:
Pua. Loke, Ulu Mahi, and Ulu Ko subdivisions have been checked
and monitored due to complaints made to the Mayor' s and Chief' s
office. No criminal activity observed or reported.
TRAFFIC ENFORCEMENT:
Special Project : August 2, 2010, post-shift traffic enforcement
project was set up by Platoon 3 at the Rice St. and Eiwa St.
intersection. A total of 21 citations were issued: 14 seat
belt, 2 electronic device, 4 miscellaneous, 1 moving.
III. MEETINGS
Acting A/C Quibilan, Lt . Perez, and IEU officers, Calio and
Santella attended the quarterly TSA meeting. Lt . Perez gave a
powerpoint presentation on incidents occurring at the L-'7hu' e
Airport.
TRAINING:
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
Sgt. Trent Shimabukuro is an assistant coach for the Kauali High
School varsity football team.
Officer Len Nitta: HYSA Soccer coach, Hanapepe
Officer David Banquel : coaching KPAL flag football ages 7-9
Page 2 of 4
Officer Karen Kapua: parent volunteer for the 4H Eastside
Comacherors, assisting youth participants in equine activities,
parent volunteer for Special Olympics .
Officer Hanson Hsu: volunteer coach for Special Olympics;
assists the participants in weight training
V. INDIVIDUAL PERFORMANCE
A. Officer Shawn Hanna issued 34 citations, including 14
moving and 5 seat belt violations, and had 4 felony and 12
misdemeanor arrests .
B. Officer Christian Jenkins issued 80 citations, including 21
moving and 3 seatbelt violations; made 6 felony, and 22
misdemeanor arrests .
C. Officer Chad Cataluna issued 60 citations, including 26
moving and 6 seat belt violations, and made 1 misdemeanor
arrest .
D. Officer Jesse Guirao issued 32 citations, including 7
moving and 3 seat belt violations, and made 4 misdemeanor
and 1 OVUII arrests .
E. Officer Joel Miyashiro issued 31 citations including 18
moving violations, and made 1 felony, 12 misdemeanor, and 1
OVUII arrests .
F. Officer Shelly Rodrigues issued 15 citations including 5
moving violations, and made 2 misdemeanor arrests .
G. Officer Jason Matsuoka issued 41 citations, including 11
moving violations, and made 8 felony and 9 misdemeanor and
1 OVUII arrests .
H. Officer Danny Creamer issued 32 citations including 15
moving violations, and made 1 felony, and 6 misdemeanor
arrests .
I . Officer David Banquel issued 30 citations, including 11
moving violations, and made 5 misdemeanor arrests .
J. Officer Daniel Milloy issued 20 citations, including 11
moving violations, and made 1 felony and 8 misdemeanor
arrests.
K. Officer Wade Takemoto issued 18 citations, including 6
moving violations, and made 3 felony and 4 misdemeanor
arrests.
L. Officer Shane Sokei issued 29 citations, including 18
moving violations, and made 3 felony and 6 misdemeanor
arrests .
M. Officer Randy Nero issued 54 citations, including 12 moving
violations, and made 2 misdemeanor arrests .
Page 3 of 4
N. Officer Scott Williamson issued 33 citations, including 18
moving and 4 seat belt violations, and made 6 felony, 10
misdemeanor, and 2 OVUII arrests.
O. Officer J.R. Himongala issued 35 citations, including 11
moving and 8 seat belt violations, and made 1 felony, 6
misdemeanor, and 2 OVUII arrests .
P. Officer Hanson Hsu issued 19 citations, including 9 moving
and 3 seat belt violations, and made 4 misdemeanor arrests.
Q. Officer Gilbert Asuncion issued 19 citations, including 4
moving violations, and made 7 misdemeanor arrests .
Submitted for your review and approval .
LT. SHEkW-WN K('_-hEREZ K-105
LIHUE DISTRICT COMMANDER PSB
09-13-10 1600 Hrs .
Page 4 of 4
Community Oriented Policing Report
1-11%
Waimea-Koloa District-
TO: DARRYL PERRY, CHIEF OF POLICE
VIA- MARK BEGLEY, DEPUTY CHIEF
ALEJANDRE QUIBILAN, ACTING ASSISTANT CHIEF, PSB
SHERWIN PEREZ, ACTING CAPTAIN, PSB I
FROM: VICKI FONOIMOANA, ACTING LIEUTENANT, WAIMEA, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT - JULY 2010
1: TRAFFIC ENFORCEMENT
Platoon/Sergeant Prkn Misc StbIt Mvina TOTAL OVUII
I /A/Sgt. McCallum 26 106 10 149 2 91 0
11 /A/Sgt. Mendiola 21 64 4 61 150 4
I I I / Sgt. Purisima 25 57 3 48 133 0
JTOTALS 72 227 17 1 258 574 4
11. SPECIAL OPERATIONS
For the month of July, speed enforcement was focused on Kekaha Rd. and 15
citations were issued.
Twelve cell phone citations were issued for the month.
On 07-04-10, Officers A. Abalos, K. Wilson, R. Cariaga and D. Miyao had
monitored the crowd and traffic during July 4 Celebration in Kekaha. No arrests
or citations were issued at the time.
On 07-03-10 and 07-04-10, from 2300 to 0100, Officers M. Stulpe, D. Irimata, B.
Nance, and K. Wilson monitored the Shipwrecks parking lot and surrounding
beach area for violations. One warrant arrest was made.
On 07-10-10, from 1500 to 1900, Officers M. Fernandez and K. Wilson monitored
the traffic violations and other offenses, with focus at the Shipwrecks Parking lot
and beach area. Ten citations were issued during this period. Four were for
parking violations and the remaining was for miscellaneous violations.
On 07-11-10, from 1500 to 1900, Officers J. Bonachita, K. Wilson, M. Fernandez,
C. Nesbit and W. Mccallum monitored the traffic violations and other offenses
with focus at the Shipwrecks Parking lot and beach area. Sixteen citations were
issued during this period. Seven were for parking violations and the remaining
was for miscellaneous, seatbelt and window tint violations.
Community Oriented Policing Report
Waimea Districts
On 07-17-10, Officers N. Gabriel, M. Stulpe, and A. Caberto, along with some
beat officers, monitored the crowd at the Sheraton Hoolaulea lea Event. No
major problems were encountered during the event. Gatherings that were
located, after the event let out, were dispersed as a proactive approach to
keeping the peace in the area.
Ill. MEETINGS
On 07-27-10, Sgt. V. Fonoimoana, on her own time, as a community member,
attended the E Ola Mau 0 Kekaha Community meeting discussing the Kekaha
Landfill Compensation Fund with members of the Community Action Committee
and related topic of a proposed process for submitting community projects. Sixty
community members attended and participated.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
Officer W. McCallum is coaching for the HanapepC- KPAL Flag Football Team.
Officer J. Bonachita is currently coaching for the Kauai High School JV football
program.
Sgt. Bernard Purisima has been volunteering at the Puhi Self Help Housing
performing construction work on homes.
Mr. J. Watanabe coaches for the Waimea High School Football Team.
V. INDIVIDUAL PERFORMANCE
Officers M. Nii, S. Vinzant and B. Nance are recognized for their outstanding
performance in traffic enforcement during the month of July. Officer M. Nii issued
57 traffic citations, 4 were for seatbelt violation, I for speeding, 25 were for other
moving violations, 4 for parking violations and 23 were for miscellaneous
violations. Officer S. Vinzant issued 41 traffic citations, 28 were for speeding
violations, and 16 were for other moving violations and one parking violation.
Officer B Nance issued 38 traffic citations and had two O.V.U.I.I. arrests.
Vicki Fonoimoana K-207
Acting Lieutenant Waimea District
08-16-10 0800 hours
Community Oriented Policing eport
Waimea Districts
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MARK BEGLEY, DEPUTY CHIEF
ALEJANDRE QUIBILAN, ACTING ASSISTANT CHIEF, PSB ALN-
SHERWIN PEREZ, ACTING CAPTAIN, PSB -ivf
FROM: VICKI FONOIMOANA, ACTING LIEUTENANT, WAIMEA, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT -AUGUST 2010
TRAFFIC ENFORCEMENT
Platoon/Sergeant Prkng Misc Stblt MvinR TOTAL OVUII
I /A/Sgt. McCallum - 6 72 4 84 166 0
II /A/Sgt. Mendiola I 3 32 2 80 117 5
III / Sgt. Purisima 4 33 2 24 63 0
ITOTALS 1 13 137 8 LJ_8 8 3 4 5 6 6 -5
11. SPECIAL OPERATIONS
Seven Cell Phone citations were issued within the month.
Officer's B. Nance, A. Purisima and D. Mendiola were three of many officers that
conducted crossing guard duty at the K61oa School for the month. Officer B.
Nance issued seven speeding in school zone citations while at the post. Officer
A. Purisima issued two speeding in school zone citations while at the post.
Officer D. Mendiola issued one speeding in school zone citation while at the post.
Due to public complaints, speed enforcement was strategically conducted on all
of Kekaha Rd., Kekaha; Puuwai Rd., Kal5heo, between Lae Rd. and Kalawai
Park entrance, on Papalina Rd., Kal5heo, between Kai Ikena Rd. and the
Kukuiolono Golf Course Entrance. One speeding citation and one traffic crime
citation was issued on Kekaha Rd. One speeding citation and two miscellaneous
citations were issued on Puuwai Rd. No citations were issued on Papalina Rd.
during the monitoring period.
Ill. MEETINGS
On 08-04-10, Sgt. V. Fonoimoana, on her own time, attended an E Ola Mau 0
Kekaha Community Meeting for an on-going discussion and preparation of a
project process to be implemented for submitting community based projects for
approval of funding. Forty community members attended to include fourteen new
members.
Community Oriented Policing Report
Waimea Districts
On 08-16-10, Sgt. V. Fonoimoana, on her own time, attended an CAC Meeting
for an on-going discussion of the use and distribution of funding from the Kekaha
Landfill Compensation Fund. Local politicians, members of the community and
the CAC members were present.
On 08-07-10, Officer K. Wilson attended the Kal�heo Neighborhood Watch
Meeting at the Kal5heo Neighborhood Center.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
On 08-20-10, Sgt. V. Fonoimoana participated with other members of the 'Ohana
Blue KPRA Committee to organize the set-up and the take-down for the Family
Fun Day event.
Officer N. Gabriel assisted with coaching in the L►hu'e Youth Football
Association.
Officer W. McCallum, during his free time, coaches for the HanapCipc. KPAL Flag
Football Team.
Officer P. Banquel coaches for the L-ihu'e POP Warner Football League.
Officer J. Bonachita is currently coaching for the Kauai High School JV football
program.
Sgt. B. Purisima has been volunteering at the Puhi Self Help Housing performing
construction work on homes.
Mr. J. Watanabe coaches for the Waimea High School Football Team.
V. INDIVIDUAL PERFORMANCE
Officer M. Fernandez issued twelve citations, affected eight arrests and served
six legal service documents.
Officer K. Wilson issued sixteen citations, affected four arrests, which include a
self-initiated arrest for Pro Dang Drug 3rd and drug paraphernalia.
Officer A. Abalos issued eighteen citations, affected six arrests and served seven
legal service documents.
Officer M. Stulpe issued forty-six citations. Thirty-five of the citations were for
speeding. He affected five arrests, one status offense detainment and served 2
legal service documents.
Community Oriented Policing Report
Waimea Districts
Officer S. Vinzant issued 35 citations. Nineteen of the citations were for
speeding. He affected one warrant arrest and served two legal service
documents. He is also the primary OIC for his squad.
Officer K Renaud issued thirty-seven citations. Six of the citations were for
speeding. He affected four arrests, one status offense detainment and served
two legal service documents.
Officer F. Niau issued twenty-nine citations. Two were for speeding. He affected
six arrests and served six legal service documents.
Officer's A. Caberto, N. Gabriel and D. frimata are recognized for their OVUM
arrests affected for the month. Officer A. Caberto with two OVUM arrests, Officer
N. Gabriel with one OVUM arrest and Officer D. Irimata with two OVUM arrests.
All officers are commended for their outstanding service for the month of August.
VICKI Fonoimoana K-207
Acting Lieutenant Waimea-Kdloa District
09-07-10 1630 hours
KAUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE I NO,
ADMINISTRATIVE NOTICE 08/30/10 08/30/10 2010-05
REFERENCE RECINDS:
INDEX AS:
RESTRICTED USE OF THE KIPU/NIALUHIA RANGE FLOOD LIGHTS
The Hawaiian races of the Family Procellaridae, the 'Ua'u or Dark Rumped Petrel (Pterodroma
phaeopygia sandwichensis, and the 'A'o or Newells Manx Shearwater(Puffinus auricularis
newelli), are Federally listed as Threatened(Newells Shearwater) and Endangered (Hawaiian
Petrel) Species. Both are recognized as being, indigenous to the Hawaiian Islands.
In 1983, A recovery plan was conducted by the U.S. Fish and Wildlife Service which cited that
of the various threats to both species, Street and resort lights especially in coastal regions,
disorient fledglings causing them to eventually fall to the ground exhausted or increase their
chance of colliding with an artificial structure (ie. Fallout). On Kaua'i, approximately 1,500
fledglings are recovered annually from fallouts, with an unknown number never found.
In order to assist in the preservation of both species, and ensure compliance with the Endangered
Species Act, Sections 7 and 10 with respect to avoiding, minimizing and mitigating take of listed
seabird resulting from lighting, powerlines, communication towers, wind turbines and other
structures, the County of Kaua'i will restrict the use of unshielded spot lights at facilities around
the island during both species fledgling period. (October-November)
The use of the flood lights at the K71pd/Maluhia Range will not be permitted from September 15
through December 15. This restriction shall be followed on a yearly basis and shall commence
as of 2010.
APPROVE�:�
A PE Y
P4
OL C'
H11 4F POL CE
e" _'31 -Atl I e
KAUAI 1AUAI POLICE DEPARTMENT
DATE OF ISSUE EFFECTIVE DATE NO.
ADMINISTRATIVE NOTICE 9/15/10 9115/10 2010-06
REFERENCE RESCINDS:
INDEX AS,
PROMOTION CEREMONY
The following officers will be honored at a Promotion Ceremony to be held in the open area of
Ka Hale 0 Mak6i 0 Kau6i (south end) on Monday, September 27, 2010 at 3:30 p.m. All
personnel are invited to be present for the Promotion Ceremony.
Attire: Class "A" for sworn personnel and business attire for civilian personnel.
OFFICERS PROMOTED TO THE RANK OF POLICE SERGEANT:
Officer Kenneth Cummings
Officer Roderick Green
Officer Karen Kapua
Officer James Miller
Officer James Rodriguez
Officer Darren Rose
Officer Shane Sokei
OFFICERS PROMOTED TO THE RANK OF POLICE LIEUTENANT:
Sergeant Michael Gordon
Sergeant Scott Kaui
Sergeant Richard Rosa
bA'
ChC,RYL D. PERRY
Ch f of Police
Distribution "A"
KAUAI POLICE DEPARTMENT
PERSONNEL ORDER DATE OF ISSUE EFFECTIVE DATE NO.
8/23/2010 As Noted 2010-12
REFERENCE RESCINDS:
INDEX AS:
PROMOTION & TRANSFER
PROMOTION
Effective Sunday, September 26, 2010, the following officers will be promoted to the rank of Police
Lieutenant.
Sergeant Michael Gordon
Sergeant Scott Maui
Sergeant Richard Rosa
Effective Sunday, September 26, 2010, the following officers will be promoted to the rank of Police
Sergeant.
Officer Kenneth Cummings
Officer Roderick Green
Officer Karen Kapua
Officer James Miller
Officer James Rodriguez
Officer Darren Rose
Officer Shane Sokei
The above- mentioned officers will be assigned to the Administrative& Technical Bureau, Training
Section and shall report to A/Lieutenant Ezra Kanoho for Supervisory Training Regimen In Preparation
& Education of Sergeants(STA-I.P.E.S.)
TRANSFER
The following transfers are effective Sunday, September 26, 2010:
NAME FROM TO
Lt. Michael Gordon Chief s Office Administrative&Technical Bureau
Lt. Richard Rosa Investigative Services Bureau Patrol Services Bureau
Lt. Jon Takamura Investigative Services Bureau Patrol Services Bureau
Lt. 11 Abadilla Administrative&Technical Bureau Investigative Services Bureau
CONFIDENTL4,L—FOR INTERNAL USE ONLY
KPD 200
TRANSFER(Continued)
The following transfers are effective Sunday, October 3, 2010:
NAME FROM TO
Det. Carl Oliver Investigative Services Bureau Patrol Services Bureau
Det. Todd Tanaka Investigative Services Bureau Patrol Services Bureau
Det, Sandy Wakumoto Investigative Services Bureau Patrol Services Bureau
Det. Bernard Purisima Patrol Services Bureau Investigative Services Bureau
Sat. Kenneth Cummings Administrative& Technical Bureau Patrol Services Bureau
So. Roderick Green Administrative& Technical Bureau Patrol Services Bureau
Sgt. Karen Kapua Administrative& Technical Bureau Patrol Services Bureau
Sgt. James Miller Administrative& Technical Bureau Investigative Services Bureau
t'. 9
Sgt. James Rodriguez Administrative& Technical Bureau Investigative Services Bureau
Sgt. Darren Rose Administrative& Technical Bureau Investigative Services Bureau
Sgt. Shane Sokei Administrative& Technical Bureau Investigative Services Bureau
'
D rb Pe rry
C 'of of Polite
Distribution"A"
CON FEDENTLAL—FOR INTERNAL USE ONLY
KPD 200
KAUAI POLICE DEPARTMENT
GENERAL ORDER DATE OF ISSUE EFFECTIVE DATE NO.
4/2512010 linmediately 2010-5
REFERENCE RESCINDS:
CALEA Standard 82.1.7
INDEX AS:
DISCIPLINE POLICY GOVERNING THE FBI NCIC SYSTEM
L PURPOSE:
The purpose of this policy is to ensure compliance with the FBI CHS Security Policy. This
includes having in place procedures for safeguarding information, securing access to that
information, and enforcing policies, rules and regulations governing the use of the NCIC system.
The FBI CHS Security Policy states under Standards for Discipline: "Operators shall access FBI
CHS systems only for those purposes for which they are authorized. Each criminal justice
agency authorized to receive FBI CHS Division records information access must have a written
policy for discipline of FBI CHS Division policy violators."
H. RESPONSIBILITIES:
A. The Records Section supervisor or designee will be designated to serve as the Terminal
Agency Coordinator(TAQ and Information Security Officer(ISO). This person will be
responsible for implementing and administering this agency's security policy and for
ensuring compliance with the FBI CHS Security Policy.
B. The individuals who install and maintain the equipment and programs needed to access
FBI CHS data must be fingerprinted within 30 days of employment to ensure compliance
with FBI CHS Security Policy. These individuals may be information technology
specialists employed by this agency or private vendors contracted to provide the
necessary services and technology.
C. All employees who come in contact with FBI CHS information must be appropriately
screened, trained and supervised to ensure compliance with FBI CHS Security Policy and
Procedures.
M. PROCEDURES:
A. The base document for this Policy is the FBI CHS Security Policy.
& This Agency acknowledges the authority and responsibilities of the NCIC CJIS Systems
Agency(CSA), the designated CHS Systems Officer(CSO) and the designated CHS
Information Security Officer(ISO)to administer and enforce regulations and policy
pertaining to the use of FBI CHS information.
GENERAL ORDER#2010-5 Page 2
DISCIPLINE POLICY GOVERNING THE FBI NCIC SYSTEM
C. All personnel in contact with FBI CHS information will have appropriate background
investigations including FBI review of fingerprints.
D. All telecommunications equipment, computers and programs used to access FBI CHS
information will be safeguarded and secured in areas where only authorized individuals
may come in contact with them.
E. All employees of this Agency who are authorized access to FBI CJIS information will be
responsible for safeguarding it and ensuring its proper disposition when no longer
needed.
F. The FBI CJIS Security Policy requires that all personnel who access terminal areas go
through a background screening process. This includes custodial workers, support staff
and/or contractors. If they have not gone through this process, authorized personnel must
escort the individual(s) at all times while they are in the terminal area.
IV. STANDARDS OF DISCIPLINE:
A. This policy sets the standards of discipline for misuse of the FBI CJIS NCIC computer
system. This system will only be used for authorized purposes. All personnel are
responsible for following the NCIC policies set forth in the NCIC Operating Manual and
the FBI CJIS Security Policy. Anytime an operator is unclear on these policies, it will be
their responsibility to contact the TAC or their immediate supervisor for clarification.
B. Misuse of the system will include, but shall not be limited to the following:
I Computer security violations resulting in the disclosure of sensitive or classified
information to unauthorized individuals or the accessing of NCIC information
inappropriately and/or for unauthorized purposes.
2. Any activity that results in unauthorized modification or destruction of system
data, loss of computer system processing capability, or loss by theft of any
computer media including: memory, optical or magnetic storage medium,
hardcopy printouts, etc.
C. Misuse will result in disciplinary action. Extent of the disciplinary action will be
dependent on the specific situation taking into consideration any extenuating
circumstances and may result in severe initial disciplinary action up to and including
termination.
D. Misuse of the system may result in criminal charges by federal, state or local authorities
in addition to the administrative discipline set forth above. (Reference Hawaii Revised
Statutes §846-16)
GENERAL ORDER#2010-5 Page 3
DISCIPLINE POLICY GOVERNING THE FBI NCIC SYSTEM
V. CERTIFICATION
The undersigned by their signature attest to an understanding of the contents of this Policy and
further indicate that their agency Tn compliance,
vj
I v
, Information Technology Specialist §10ature Date
Terminal Agency Coordinator/ Sign ture Date
Information Security Officer
Agency and Title
9 Signat re, Date
Date of FBI CJIS Security Policy Implementation: August 16, 2010
EMPLOYEES OF THE KAUAI POLICE DEPARTMENT SHALL ADHERE TO THE PROVISIONS
OF THIS DIRECTIVE.
AP RO
Darrv1 D e Date
r.
Chief of Polico
KAUAI POLICE DEPARTMENT
GENERAL ORDER DATE OF ISSUE EFFECTIVE DATE 1 NO.
I i
August 13,2010 Immediateky 2010-6
REFERENCE RESCINDS:
CALEA Standard 1.1.1 G.O.2008-15
INDEX AS:
OATH OF OFFICE
L PURPOSE :
The purpose of this policy is to require each new Police Officer and Public Safety Worker
employed by the Kauai Police Department to take an Oath of Office prior to assuming sworn
status.
H. POLICY:
It is the policy of the Kauai Police Department that all Police Officers and Public Safety Workers
take and abide by the Kauai Police Department's Oath of Office.
III. AUTHORITY:
A. Hawaii Constitution, Article XVI, Section 4, General and Miscellaneous Provisions, Oath
of Office states in part that"All eligible public officers, before entering upon the duties of
their respective offices, shall take and subscribe to the following oath or affirmation: I do
solemnly swear(or affirm)that I will support and defend the Constitution of the United
States and the Constitution of the State of Hawaii, and that I will faithfully discharge my
duties as ....... ........ to best of my ability." As used in this section, "eligible public
officers" means the governor, the lieutenant governor, the members of both houses of the
legislature, the members of the board of education, the members of the national guard,
State or county employees who possess police powers, district court judges, and all those
whose appointment requires the consent of the senate.
IV. DEFINITIONS:
A. "Police Officer" includes all sworn law enforcement personnel employed by the
department possessing police powers including, but not limited to, persons bearing the
following civil service job titles: Detective, Police Captain, Police Inspector, Police
Lieutenant, Police Officer 1, Police Officer 11,Police Patrol Commander, Police Sergeant
and Police Services Officer,
B. "Public Safety Worker" includes sworn personnel under civil service job titles Public
Safety Worker I and Public Safety Worker 11.
GENERAL ORDER#2010-6 Page 2
OATH OF OFFICE
V. PROCEDURE:
A. Prior to assuming sworn status, all personnel who have successfully completed the Police
Recruit Academy of who are laterally-hired police officers shall be required to take an
Oath of Office.
& Prior to assuming sworn status, all personnel who have successfully completed the Public
Safety Worker Academy or who are hired for the position shall be required to take an
Oath of Office.
C. A newly selected Chief of Police and Deputy Chief of Police shall also be required to
take an Oath of Office.
D. The Oath will be administered by a Circuit or District Judge of the Fifth Judicial Circuit.
E. The Oath of Office Form, maintained at the Training Section, will be used to administer
the Oath. The judge administering the Oath will sign the form. A copy of the completed
Oath of Office Form will become a permanent record in the employee's personnel file.
EMPLOYEES OF THE KAUAI POLICE DEPARTMENT SHALL ADHERE TO THE PROVISIONS
OF THIS DIRECTIVE.
it P:1
D lb. Nrry U Date
C Uef of Potce
ATTACHMENTS: OATH OF OFFICE FORM Police Officer
OATH OF OFFICE FORM Public Safety Worker
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COUNTY OF KAUAI �f ;
STATE OF HAWAI'I ��` `
40 of dO.IffiVe
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', l do solemnly swear (or affirm) that I will faithfully supgort and defend the r x
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Constitution of the United States and the Constitution of the State of Hawaii,°
and that I will faithfully discharge my duties as a Public Safety Worker in the
Police Department of the County of Kaua'i, State of Hawaii, and any and all �°
duties devolving upon me in connection with such office to the best of my ability.
gl
Subscribed and sworn to before me this xxth day of V , f
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Judge, Fifth Circuit/District Court
State of Hawaii
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KAUAI POLICE DEPARTMENT
GENERAL ORDER DATE OF ISSUE EFFECTIVE DATE NO.
8124/2010 Immediately 2010-7
REFERENCE RESCINDS:
G.O.83-03
INDEX AS:
OVUH PROCEDURES AND REQUIREMENTS OF THE IMPLIED CONSENT LAW
I. PURPOSE :
To establish policy guidelines, practices and procedures concerning:
A. Enforcement of the Hawaii Operating a Vehicle Under the Influence of an Intoxicant
(OVUII)laws.
B. Enforcement of Hawai'i's Implied Consent Laws.
H. POLICY:
It is the policy of the Kaua'i Police Department to strictly and without exception enforce
Hawai'i's OVUII laws. It is KPD policy to achieve and maintain consistency and proficiency in
detecting and apprehending impaired drivers. It is KPD policy to train and equip all personnel
with the necessary tools and experience to successfully and professionally investigate and arrest
in such a manner as to ensure successful conviction,
III. STATUTORY AUTHORITY:
A. O.V.U.LL (HRS Section 291E-61)
B. Evidence of Intoxication (HRS Section 291E-3)
C. Implied Consent (HRS Section 291E-11)
D. Operating a vehicle after consuming a measurable amount of alcohol; persons
under the age of twenty-one(HRS Section 291E-64)
IV. PROCEDURES—OBSERVATION AND ARREST:
A. INITIAL OBSERVATIONS
After an officer has reasonable belief and articulable facts to believe a person has either
been driving or is in actual physical control of a vehicle while under the influence of an
General Order#2010-7 Page 2
OVUH PROCEDURES AND REQUIREMENTS OF THE IMPLIED CONSENT LAW
Intoxicant the officer shall initiate a traffic stop on the vehicle and make contact with the
operator.
Such facts include(but are not limited to)observations of the vehicle exceeding the
posted speed limit, weaving, failing to signal for turns, improperly crossing lane lines,
failure to heed stop signs or signals, etc.
B. STANDARDIZED FIELD SOBRIETY TEST
C. If upon making contact with the driver, the officer has specific facts (including but not
limited to an odor of an alcoholic beverage on the breath, red, bloodshot, glassy or watery
eyes, slurred speech, delayed or erratic reaction time, fumbling with documents) leading
him or her to suspect that the operator of the vehicle may be under the influence of an
intoxicant, the officer shall ask the operator to perform the Standardized Field Sobriety
Test(SFST). If the subject declines to participate in the SFST, the officer may inform the
operator that persisting in refusal will lead to arrest. If the operator will not participate in
the SFST after being requested to do so, the officer may arrest the motorist.
The officer shall complete KPD 530 to document the operator's performance or non-
performance of the SFST. Said form shall be completed as promptly as is feasible and
shall completely and accurately record the operator's performance.
If the officer observes sufficient clues in the SFST such that he or she concludes the
operator is under the influence of an intoxicant, the officer shall arrest the operator for
OVUII.
D. IMPLIED CONSENT
The arresting officer shall read KPD 0703 (Implied Consent/Wilson Fix) to the arrestee
verbatim and ask the arrestee to initial by the choice of test(s)or refusal to submit to a
test. The arrestee will then be asked to sign the form.
If the arrestee refuses to submit to testing, the officer shall read KPD 560 (Implied
ConsentiLong Form)to the arrestee and again ask the arrestee to initial by the choice of
test(s)or refusal to submit to a test. The arrestee will then be asked to sign the form.
If the arrestee refuses to submit to testing, none shall be given, except as required in HRS
291E-21 (Mandatory Blood Draw, GO 2010-1 or current)
If the arrestee is uncooperative, states that they will not take a test, or refuses to listen to
the officer, the officer shall nonetheless read the entire KPD 560 to the arrestee whenever
possible, considering the circumstances and demeanor of the arrestee.
E. CHEMICAL TEST
General Order#2010-7 Page 3
O PROCEDURES AND REQUIREMENTS OF THE IMPLIED CONSENT LAW
I Breath Test
Shall be administered only by an officer trained in the operation of the Intoxilyzer
8000 (or current instrument).
An observation period of at least twenty(20) minutes shall be required
immediately prior to the breath test. The officer shall maintain constant visual
contact with the arrestee during the observation period. During this time the
arrestee shall not eat, drink, belch or vomit. If any of these incidents occur, the
observation period shall start over. The officer need not inform the arrestee of the
length of the observation period. If the arrestee purposely (within the officer's
judgment)belches, or burps repeatedly in an effort to defeat the observation
period, or otherwise engages in conduct demonstrating to the officer an attempt to
defeat the observation period or test instrument itself, the officer shall interpret
said actions as a refusal of testing.
Officers operating the Intoxilyzer 8000 shall comply with Special Order P-2008-
02 (or current).
Cell phones and other electronic devices shall not be brought into the Intoxilyzer
room.
2. Blood Test
An arrestee requesting a blood test shall be taken to the Emergency Room of
Wilcox Memorial Hospital or Kaua'i Veterans Memorial Hospital for the blood
draw. The officer shall complete KPD Forms 536 (Kaua'i Police Department
Request for blood alcohol/drugs content) and 559 (Application by Kaua'i Police
Department officer requirement to recover a blood specimen for testing of
intoxicants and Administrative Driver's License Revocation Office(ADLRO)
Form 025/026 (Sworn statements RE: blood test for alcohol related
offense/Sworn statements RE: blood/urine test for drug related offense).
The officer shall then return the arrestee to the police station and complete the
booking process.
3. Request for Both Tests
An arrestee requesting both breath and blood tests shall be administered each test
in the manner set forth above,
4. Ignition Interlock
Forms promulgated by the ADLRO pertaining to ignition interlock devices shall
be given to arrestees along with any other ADLRO documentation required under
this General Order.
General Order#2010-7 Page 4
OVUH PROCEDURES AND REQUIREMENTS OF THE IMPLIED CONSENT LAW
5. Preliminary Alcohol Screening (PAS) Devices
The use of a preliminary alcohol screening device shall not replace a breath,
blood, or urine test required under this General Order. The analysis from the use
of a PAS device shall only be used in determining probable cause for the arrest.
(Reference: HRS 291 E-I I(f))
F COLLISION(S)
Non-Injury
Upon arrival at a non-injury traffic collision, an officer who has reasonable
suspicion to suspect that a motorist involved in the collision is possibly under the
influence of alcohol or a drug shall follow all above procedures, including SFST
or refusal, arrest, and breath/blood testing or refusal.
2. Collision Involving Injury
Refer to General Order 2010-1 or current.
G. CITATIONS
In all OVUH cases, companion citations shall only be issued for non-criminal (civil
traffic) offenses. Any non-criminal citations issued will be completed on the appropriate
5DTI citations. Crimes typically charged on 5DTC citations shall be considered
additional charges and entered in RMS as appropriate sub-reports to the master OVUII
report.
H PERSONS UNDER THE AGE OF 21 ARRESTED PURSUANT TO HRS 291E-64
Any individual over the age of 18 arrested pursuant to HRS 291E-64(the OVUII-Under
21 ("zero tolerance) law) shall be treated as any other adult. Any detained juveniles will
be treated in accordance with current General Orders concerning detainment of juvenile
suspects. Persons less than 18 years of age requesting blood tests require parental
permission prior to the blood draw.
EMPLOYEES OF THE KAUAI POLICE DEPARTMENT SHALL ADHERE TO THE
PROVISIONS OF THIS DIRECTIVE.
APPROVED:
Darryib. Iterry Date
Chief of Police
KAUAI POLICE DEPARTMENT
GENERAL ORDER DATE OF ISSUE EFFECTIVE DATE NO.
8/27/2010 Immediately 2010-8
REFERENCE RESCINDS:
CALEA Standard 74,1.1,74,1.2,74,1,3,74,1 1,74,11,74.3,2 G.O.92-11
INDEX AS:
LEGAL DOCUMENTS: RECORDING AND SERVICE
1. PURPOSE :
To establish procedures for the receiving, recording, and servicing of criminal and civil legal
documents,
H. POLICY:
No legal document, process, order or injunction shall be processed through any KPD facility nor
accepted for service by any police officer or civilian employee other than in accordance with the
procedures set forth herein.
M. RECEIVING LEGAL DOCUMENTS:
A. All legal documents shall be processed through Records Section of the Administrative&
Technical Bureau prior to service attempts.
B. Legal documents shall be accepted by Records Section during normal working hours
only, except when prior arrangements have been made or the A& T Bureau Commander
so dictates.
IV. RECORDING LEGAL DOCUMENTS:
A. Any judicial writ, order, process or decree turned over to the Police Department for
service shall be received by, recorded by, and routed through Records Section.
B. In recording each item of legal process, the following information shall be recorded:
1. Date and time received;
Z. Type of legal process, civil or criminal;
3. Nature of document;
4. Source of document-,
S. Name of plaintiff/complainant or name of defendant/respondent;
6. Officer or sector assigned for service;
7. Date of assignment;
& Court docket number-, and
General Order# 2010-8 Page 2
LEGAL DOCUMENTS: RECORDING AND SERVICE
9. Date service due(if applicable).
C. Records Section shall maintain a complete and accurate record of receipts, distributions,
follow-ups and returns of all legal documents processed through the Department.
D. Records Section shall ensure that hardcopy warrants and legal process are entered into
RMS and cross-indexed with the applicable name(s).
E. All warrants shall be accessible to KPD personnel for service at all times.
F. EXCEPTION to the above procedure shall be observed in the handling of search
warrants.
I The bureau commander of the officer to whom such search warrants are entrusted
shall be responsible for their safekeeping.
G. General information:
1. No arrest warrant shall be executed nor summons served after two(2)years from
the date of issuance, unless otherwise authorized in writing by a judge.
Documents unserved following this period shall be returned to the issuing court as
unserved.
2. No search warrant shall be executed after one(1)week from the date of issuance.
1 Unless authorized by a judge, no search or arrest warrant shall be served between
the hours of 2200 through 0700 on premises not open to the public.
4. Warrants of arrest and bench warrants issued by the Family Court are valid as
specified on the document.
V. EXECUTION/SERVICE OR NON-SERVICE OF LEGAL DOCUMENT
A. Whenever any legal instrument is executed or served on an individual at the individual's
place of employment, the serving officer shall first inform the establishment's
personnel/management office of the officer's intent to serve a legal instrument.
Whenever possible, the business establishment shall be allowed to summon the individual
prior to the service of the legal document. However, the serving officer must be mindful
that the objective is an expedient service of the legal instrument and the safety of the
serving officer.
B. Upon the service of any legal document, the serving officer shall hand the person named
on the document a gWy of such document (this does not apply to service of bench
warrants and arrest warrants).
General Order#2010-8 Page 3
LEGAL DOCUMENTS: RECORDING AND SERVICE
I The officer serving or executing or attempting to serve or execute the legal
process documents shall record the following information on the Service Control
Form:
a. Date and time service was executed/attempted;
b. Name of officer(s) executing/attempting service;
C. Name of person on whom legal process was served/executed;
d, Method of service/reason for non-service; and
e. Address of service attempt,
C. In the event service is not effected, the officer shall complete the Police Officer Return,
attach it to the"Service of Legal Instrument Attempt" and return the document through
proper channels.
D. All service-related forms shall be maintained by Records Section pursuant to standard
operating procedures.
E. Geographic and time limitations on warrants.
I Warrants shall be served in strict observance with any territorial or time
limitations or requirements appearing thereon.
F. Execution of arrest warrants.
I. Arrest warrants shall be executed only by sworn law enforcement officers in
accordance with KPD procedures concerning arrest.
G. Summons in lieu of arrest.
I. Summons in lieu of arrest shall not be used as a substitute for arrest pursuant to a
valid arrest warrant.
H. No officer shall attempt to serve or execute any legal process or warrant under
circumstances which the officer believes to be unsafe or dangerous.
I. Prior to serving or executing any warrant or process at a residence, officer(s) shall loudly
knock and announce their presence, identify themselves as police, and state the fact that
they have a warrant. Officer(s) shall wait a reasonable period of time before forcibly
entering the residence unless the warrant specifies otherwise.
J. Beat officers shall not transfer any legal document to another beat officer.
I If it is essential that a legal document be transferred from one beat to another, the
document shall be returned to the clerk for reassignment to the new beat.
General Order#2010-8 Page 4
LEGAL DOCUMENTS- RECORDING AND SERVICE
1 The officer making the transfer shall enter to whom the transfer was made on the
document control form with date and time.
K. Upon completion of tour of duty, all officers shall return both served and un-served legal
documents to their respective Sergeant or individual responsible for their control within
their respective bureaus.
I The Sergeant or responsible individual shall ensure completeness in served
documents and shall forward the documents to the bureau clerk responsible for
document control.
L. The bureau clerk shall then transmit both served and un-served documents to Records
Section after having made internal control entries.
M. Records Section shall make proper entries into KPD databases and logs and ensure
distribution of legal documents to the respective courts or agencies.
N. Armed Services
1. Warrants, subpoenas, penal summons, or other process to be served on members
of the armed services shall be coordinated by civil authorities through the
appropriate provost marshal's office, base legal officer, or command.
1 To expedite the service of legal documents at the Pacific Missile Range Facility,
officers shall proceed directly to the base police station.
3. KPD personnel shall seek assistance from base personnel in obtaining permission
from the commanding officer for service of the legal document.
IV. WARRANT PROCEDURES
A. Maintaining warrant and wanted persons files.
I Criteria for entering, verifying and removing notices in NCIC shall be
governed by General Order 2010-2 or current.
2. Criteria for receiving information from other jurisdictions shall be governed by
General Order 2010-2 or current as well as General Order addressing Outside
Assist Arrest.
1 Records Section shall ensure that all bench warrants and warrants of arrest have
proper notations of the corresponding report numbers and when new numbers are
to be assigned.
4. Processing of warrants shall be as stated in Section III of this General Order.
General Order#2010-8 Page 5
LEGAL DOCUMENTS: RECORDING AND SERVICE
5. Warrant files shall be maintained in a manner such that live warrants are
accessible for service by police personnel at all times.
6. Inter-District Transfer of Warrants:
a. Whenever it becomes necessary to transfer a warrant to another district
due to a change in the defendant's address or other legitimate reasons, a
Service of Legal Instrument Attempt Form shall be completed and the
necessary changes recorded on said form.
I. The copy of the warrant with the form attached shall be forwarded
to the responsible bureau clerk.
1 The address change and the district to which the Warrant was sent
shall be noted on the bureau control log.
b. The Service of Legal Instrument Attempt Form shall remain attached to
the copy of the warrant.
B. Service
1. Upon arrest, the duplicate copy of the warrant shall be given to the defendant and
the original attached to the arrest report.
2. If the defendant is arrested as the result of a field inquiry and a copy of the
warrant is not immediately available or on hand, a copy of the warrant shall be
shown to and presented to the defendant when he/she is brought in for booking.
3. Should the copy of the warrant be located in a district other than which the
defendant was arrested or with another officer, the copy of the warrant shall be
transferred to the booking district as soon as possible and shown to and presented
to the defendant.
4. Officers executing warrants shall take note of the court that issued the warrant.
5. The Service of Legal Instrument Attempt form together with the arrest report and
original of the warrant of arrest shall then be forwarded to Records Section for
processing and filing.
6. When bail is posted for a warrant issued by the Courts, the court date shall be set
in compliance with instructions set forth on the Warrant.
7. Bail receipt and arrest report forms shall clearly indicate the correct court and date
and time of appearance.
8. Service of Legal Instrument Attempt Form
General Order#2010-8 Page 6
LEGAL DOCUMENTS: RECORDING AND SERVICE
a. All notations of attempts made to locate and to serve the warrant shall be
made on said form.
b. The last entry on said form shall always be what occurred prior to the
return of the warrant to Records Section,
I, If an arrest is made, the name and badge number of the arresting
officer, date,time and place of arrest shall be recorded.
2. If unable to locate, then notations as to the outcome of inquiries
shall be recorded as required by paragraph I above.
C. Court Order Concerning Custody of Children, Decree of Divorce
I. A police officer shall not seek to enforce the provisions of any court order
concerning the custody of children, decree of divorce, etc., which fail to
specifically instruct or authorize an officer to do so, unless the officer has grounds
to believe that a criminal offense is transpiring, has transpired, or is about to
transpire.
2. Pursuant to Section 52-32(10), Hawaii Revised Statutes as amended by Act 193,
Session Laws of Hawai'i, 1980, all officers shall enforce any restraining order
issued by any Hawaii Family Court to cease and desist from any further spouse
abuse or trespass.
3. An officer may accompany an individual supported by a court order without
authorization for police action, only for the purpose of ensuring the preservation
of law and order.
4. Should any breach of peace or violation of any law occur in his/her presence over
which the officer has official jurisdiction, such officer shall act in accordance with
regular police procedure.
V. ELECTRONIC BENCH WARRANTS (e-BENCH WARRANTS)
A. This section shall govern the service of warrants through the Judiciary's e-Bench Warrant
system, The provisions of this General Order addressing paper warrants shall not apply
to recording and service of e-Bench Warrants.
I Officers serving e-Bench Warrants shall be responsible for serving the original
warrant upon the arrestee at the time of booking,
2. If the arrestee is being booked at the KPD L-ihu'e Detention Facility, Detention
Facility personnel shall be responsible for printing the original warrant and
providing it to the arresting officer to serve. If the arrestee is being booked at
General Order# 2010-8 Page 7
LEGAL DOCUMENTS: RECORDING AND SERVICE
another location, the arresting officer shall be responsible for printing and serving
the original warrant from the e-Bench Warrant system.
3. The arresting officer shall be responsible for promptly entering service
information in the e-Bench Warrant System.
4. The A& T Bureau Commander or designee shall be responsible for the
administration of the e-Bench Warrant System and shall promulgate
supplementary procedures as necessary during the judiciary's transition to e-
Bench Warrants and away from paper warrants.
VI. COURT APPEARANCE
A. Police Officers
I Distribution of Subpoenas
a. Records Section shall be responsible for the distribution of all subpoenas
to the various bureaus.
b. Subpoenas from the armed services or other governmental agencies to be
served on police personnel shall be routed through the respective bureau
of the personnel concerned.
C. The original copy of all Circuit, District and Family court subpoenas
served upon officers shall be signed by the serving officer in the
appropriate space provided and endorsed by the officer on the lower right
comer of the original.
d. Subpoenas shall be served on officers without delay, regardless of the
officer's employment status or planned activities.
e. Following service with a subpoena from the Kaua'i Office of the
Prosecuting Attorney(OPA), personnel shall telephone or e-mail the
appropriate Deputy Prosecuting Attorney as soon as practicable and
inform the Deputy of the following:
1. That a subpoena has been received;
2. What court the subpoena is for;
3. Name of the defendant and report number; and
4. When and in what manner any meetings may be scheduled
General Order# 2010-8 Page 8
LEGAL DOCUMENTS: RECORDING AND SERVICE
between KPD personnel and the Deputy Prosecuting Attorney in
advance of the court appearance date.
f Officers shall appear in court without firearms, in attire which is consistent
with standards established in the General Order dealing with dress code.
I. A Uniform shall not be worn when an officer is appearing as a
defendant in a case.
2. Sick or Injured
a. Whenever a subpoena is not served because of confinement of the officer
due to illness or injury, such fact shall be recorded on the subpoena by the
serving officer.
B. Notification System Relating to the Availability of Police Officers for Court Appearance
I. Annual vacation schedules shall be submitted to the courts and OPA by all bureau
commanders when possible.
a. Changes in vacation schedules shall be made known to necessary
agencies.
2. All police officers shall apprise their bureau commanders of any anticipated
change of personal status that may interfere with court appearance in order to
ensure that proper and timely notifications are made.
EMPLOYEES OF THE KAUAI POLICE DEPARTMENT SHALL ADHERE TO THE PROVISIONS
OF THIS DIRECTIVE.
APPROVED-
D U
1 P rry Date
Chzef of Po ice
KAUAI POLICE DEPARTMENT
GENERAL ORDER DATE OF ISSUE EFFECTIVE DATE NO.
91912014 Immediately 2010-9
REFERENCE RESCINDS:
CALEA Standard G.O.84-22
INDEX AS:
RESCINDING G.O. 84-22, "Roadblock/Checkpoint/Roadside Screening Procedures"
General Order 84-22, "Roadblock/Checkpoint/Roadside Screening Procedures" is hereby rescinded.
EMPLOYEES OF THE KAUAI POLICE DEPARTMENT SHALL ADHERE TO THE PROVISIONS
OF THIS DIRECTIVE.
E
AIPTRO ED-
Daryl Perry Date
Chief of Police
IMM
Ovlp,
De6o,rafi,4.Moref
5405'Kumofe Street
I�gpaa,Mawaii 96746
Kaudi Police Commission
Choi au A ffre d Ne her
c,lo Office of Boards andCommissions
4444 Dice Street,Suite 150
Lihue,Ylawaii 96766
September 21,2010
(Dear Chairma n A(fredNe bre
It is in confidence I write this letter, andas K-RD Chief of-Police Darryfftny enters another term senjing our
community and/eading KTUD. Iwant to thank yon, Vice-Cfiair Charfes Iona,andthe five Commissioners,for
the opportunity to speak 6efore the'Pofice Commivsion,and at the qliursday,August 26 meeting,
Ifiankyoufor fistening to me as a community member,andacknow(edging concerns andappeaf. I fiefieve
our community is entering a challenging cycle.I confute this not from the experience of a police officer, but
from someone who has been assigned to the front line as an investr�ator, andat times being requiredresponse to
some particular6,dangerous scenes,afong side of police officers. And,I conclude this as a community member
who sees some of the struggles citizens are met with in these current times—struggles which are many.
I believe there is a needfor preparation,and the .PD requires being given every opportunity to perform duties
to theftffest andsupported to the utmost 6yfeffow agencies, whife keeping community members and offers
equaffysafe. We are most fortunate to have the wise feadership of Chief�arryfPerry andefforts ofaff KkDD
officers.
Too often, in my fine ofworkasa socialworker,have 1heard 'Let KtPDhandfe it,"or"That's KTD`sjob,"or
"Coff XPD.'I must be candidandstate these unfair and6uckpassing expressions appear to have bit
parroting epidemic proportions.This is unsettfing. T-his attitude needs to change, all departments andagency
pudtheirfairrveight,andaff agencies work together coffa6orativefy to "watch each other's back."
his unfair attitude of throwing potentliffy dangerous criminaf matters into the community—incidents at times
spiraling into front fine responses, weff may place community members, officers,andany otherfirst responders
in danger's way,andstrains any police depart ments'manpower, morafe and budget.Such an attitude of
pushing responsibility onto officers, fikefy par tiaffy because officers are visible and in uniforin is wrong and
presents potentiaf dangers. This must end
At times, the strain andrveariness on K"Ofjicersfaces is apparent. I believe the unfair doubfe-duq, I am
witnessing,if understanda66i straining the health of some officers,Afongside,The office of 7he ftosecuting
,4ttorney, P,4 Shoy'Iene Iseti-Carvafho spea6 to attortuys often burning the midnj ht oil;working 70-So hour
weeks in an attempt to get out from behind the 8 6aff itisunfortunate(y required that made crystal clear
to some staff ofother departments and agencies is that KPD is not the 31arriot Resort,and these staff are not
on holiday—they are on duty just as K Officers andq&OfJice of The Trasecuting Otto nuy--a department
appearing struggling to get ahead.
It is my hope that this issue may he addi-essed6y this,11ofice Comuthsion,and WayorBernardCarvaffto,Jr.,as
weff 4 ttention is needed,and speculate needed snore so in the coming days as our community copes with an
unprecedentedeconomic crisis, violent andweapons relatedcrimes are on the rise,andefforts in motion to
attempt decriminalization of marijuana, and the establishment of marijuana dispensaries in our
GO
sh"
community--such efforts being exactly the very dangerousgateway to covert interstatelinternationat'organized
crime anddruggang efforts--endangering our isfandcommunity,
The
Mission Statement of the K_auai Poffice Department re aA '11he empfoyees of the K-.PD, in full
understanding of the 'Afoha Spirit,"are committed to enhancing the quality of life in our community." I
woufd6e in revira,of some of the goals of Chief Danyf Perry andKPD,andas Chifftrry was sworn in on
Octoher 1, 2007. Indeed, the order was tafi however, thi,order has been met in a number of instances, andthe
story continues.
ChiefDarryfftny recognizedthe needfor the community to head to gain trust andconlidence in KTD. There
was not a turning away front this sometimes uncomfortafife but ctiticafissue. Instead(this issue was met
fieadon with refia6fe integrity. XPD ChieftTerry spoke to needs of transparency, taking responsibility, being
accessible,and professional I fiel'wve these objectives have been met. I conclude this from my experience of
first hand conversation in our community to a cautions hope that maybe things rvouffactuaffy change and
community trust in K,,,,PD would he restored our community has been given an opportunity to heal I hefw-ve
this is precisely (vha t has transpired;a ndftom present day attic s.
,The issue of internalaffairs and department morafe, too, were serious issues at hand Giese issues were
addressedandremedwdandcontinue forward(fficer moraf unprovednoticeable. Officers tehabo speaktvith
great respect to their appreciation of Chiefftny's efforts,andsincere concern for aff of his officers. These
officers have confidence in their commander in chief. in my o6servations, I fikenedit to thorough 6redrace
horses bolting out of the gates at the xentuckyDer6y. Capable anddedicatedofficers were given opportunity
to meet their potentiaf whik serving the pu6fic,and under the skiffedreadership of Chief 1Darry(ftrry.
Beats have been expanded If I am reading correctly, upon Chief Darryf Perry taking leadership, KPD was in
needof adding 28 more officer positions. Afifiough the island population grew more than 60%in almost 30
years, israndwide beats only grew from 8-10. KPD was under tensile manpower pressure. As0fju(y2010,
there only remains 6 vacancies,
Accreditation ly the Commission on,4ccreditationfor Law Enforcement is in motion.justifiabry, new essential
equipment continues to be o6tainedincluding computer operations,patrofcarftet,safety gear,andTASER,in
the continuum of force.Additionaftraining isprovidedfor the officers as more viofent crimes such as
hostage-taking,active shooter incidents andterrorism are on the rise. Officer recruitment continues.
-4 noticeable change in the community landscape was shaped beginning in October 2007 More patrof cars were
visible, traffic fatafities andserious traffic coftisions were reducedin the "Staw Down Campaign,"andseat6eft
enforcement.Tivotaffy,a speedreductionftom 50 mph to 40 mph was enforredin the wry dangerous stretch of
Kuhio Yliqkway in front of the Waialua Gotf Course.
Vpon the initiative of these programs many stretches of highway looked like a K-Mart Store during blue fiqfit
specials 17his was very reassuring On one day, my family woufdo6serve the very same K(PD Detective twice
stopping a driver cfearfy exceeding the speed1unit. on this second traffic step, the detective appe aced to be off
duty. We began to refer to this detective—who i 6e[w' w is Detecti (ivera--as "The XoadWarrior.' Sobriety
checkpoints have been establu'hed(I have been stuppedat two such checkpoints), traffic flow controfat
community events,such as high schooffoot6affgames,have been put in place, to only name afen,traffw
o6jectives The fa cape has changed
On December 10, 2009, K,PD was a-tvardedthe Nationaf TS,4 Flo noraryA warded eftogram's Partnership
Award In September 2009, K"initiative of a crystalmethamphetamine inwstrqation,which invofved
county-state fiederaQfta netted 11 pounds of methamphetamine worth$500,000, 35 individuals were
arrested in this Operation "-RoundVT,'and loo charges pressed:
MA
0 0
XPD was named the 2008 agency of the year by 1+'sterrt States information network. Efforts were
recognised 6y the E, OCOETT There are many other on-going efforts to batting productiot4 trafficking
anddi'strifiution of iffegaldrugs in our community.I could not resist but to telephone afiiend, andformer
colleague in,41askg, who is anAlaska State Trooper assigned to the Vicel%arrotics Vnit, that he had better
,step it up'i(Alaska isgoirW to keep up ttith Kauai on such efforts.
K)PD is invokedin mart community efforts, has estafifisheda rerationship it�ith our focalmedia, andremains
as transparent as possible. YTD has involvement with bringing to the community organizedefforts to
eigfiborhoodfl,atch initiatives,Speciaf Ofympics,andotheryouth programs incfudzing KP,4L andSchoof
P,esource Officers, to name ajesv.
The d t, v of `Jfost,141anted'haw
In September 2010,a story in " Garden IslandNews'wout be coveredtfiat 60%
been arresteddie to KPD partnership with the newspaper andcommunity members. Andfinaffy, there is
sensifife consideration fieinggiven to a FT1-D' Puftic information officer,as it is best such sensitive andpohce
refatedaunouncements come from this appropriate department, consideredandissued6y way of the Chief of
j1 olive.
Most certainty, many, many other efforts have not been noted Yfosrever,I have every confidence that it goes
without saying that the efforts of our fine XP-D Chief of Police oarryfftrg, andaff KPD(fficers, is
undenuifife. Does anyone needto ask, ":have lives been saved?" I 6efieve not Ifie only question perhaps to ask
is, "Ifo-tv many lives have been saved?"
I thankyou, in ad-ranee,for the time andconsideration ghen to tend to n fetter of support on 6efia6(of KP-D
Chief-Danyl,Peny,and aff ourfine K Officers, We are a most fortunate and fifessedcommunity.
Sincere regards, Cc. County of Kauai, KT0 Chief of Police DargrPerry
County of Kauai YayorBernardCarvalfio,Jr.
County of Kauai, aP,4 TA Shayfene Iseri-Cart-alho
De6orah,4.31oref
Alfredo Nebre Jr. 0 9q MEMBERS:
Chairman Russell Gradv
P Thomas M. lannucci
Charles Iona Rowena Tachibana
Vice Chair Ernest Kanekoa Jr.
James R. O'Connor
KAUAI POLICE COMMISSION
COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
I-Thu'e, Hawaii 96766
August 26, 2010
PUBLIC ANNOUNCEMENT
Complaint No. KPC 10-25
The Police Commission has completed its review and deliberation of the
aforementioned complaint. The Complaint alleges that the Officer harassed the
complainant in an attempt to discourage the complainant from filing a police report and
complaint. The complainant also alleges that the Officer attempted to intimidate the
complainant by discouraging him not to utilize police services.
Based on the information provided, the Commission found that there was
insufficient evidence to uphold the complaint. The complaint has been forwarded to
the Office of the Chief for further review or to investigate if deemed necessary. This
officially concludes the Commission review of complaint KPC 10-25.
Alfredo Nebre Jr.
Chairman, Kaua'i Police Commission
ki6azow
Alfredo Nebre Jr. 1008 MEMBERS:
Chairman
Russell Grader
Thomas M. lannucci
Charles Iona Rowena Tachibana
Vice Chair Ernest Kanekoa Jr.
James R. O'Connor
KAUAI POLICE COMMISSION
COUNTY OF KAUAI
C/o Office of the Mayor
4444 Rice Street, Suite 150
LThu'e,. Hawaii 96766
August 26, 2010
PUBLIC ANNOUNCEMENT
Complaint No. KPC 10-32
The Police Commission has completed its review and deliberation of the
aforementioned complaint. The Complaint alleges that an on duty Officer was biased
and not fair with the decision making relating to a domestic case.
Based on the information provided, the Commission found that there was
insufficient evidence to uphold the complaint. The complaint has been forwarded to
the Office of the Chief for review and or to investigate if deemed necessary. This
officially concludes the Commission review of complaint KPC 10-32.
Alfredo Nebre Jr.
Chairman, Kaua'i Police Commission
10