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HomeMy WebLinkAbout093010_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua'i Police Commission Meeting Date: September 30, 2010 Location Mo'ikeha Building—Meeting Room 2 A&B Start of Session: 9:00 a.m. I End of Session: 10:52 a.m. Commissioner's Chair Alfredo Nebre Jr., Vice-Chair Charles Iona, Russell Grady, Thomas M. lannucci, Rowena Tachibana, Ernest Kanekoa Jr., and present: James O'Connor. Also present: Deputy Chief Mark Begley, Assistant Chief Roy Asher, Acting Assistant Chief Alejandre Quibilan, Acting Assistant Chief Scott Yagihara, Deputy County Attorney Jennifer Winn, Administrative Aide Cyndi Ayonon and Mercedes Youn Boards and Commission Staff. Guest: Deputy County Attorney Justin Kollar Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:00 a.m. Approval of Commissioner Agenda Chair Nebre called for the motion to approve the agenda. Tachibana moved to approve the agenda; seconded by Commissioner Grady and unanimously carried 7:0. Approval of Minutes Regular Meeting Minutes of August 26, 2010 Vice-Chair Iona moved Executive Session Minutes of August 26, 2010. to approve the Regular and Executive meeting Chair Nebre called for the motion to approve the meeting minutes. minutes of August 26, 2010; seconded by Chair Nebre asked if there was anyone in the public who wishes to testify on any of the items that are listed on Commissioner Kanekoa the agenda. (Hearing none the meeting continued) and unanimously carried 7:0. Presentation by Justin Kollar, Deputy County Attorney Justin Kollar provided an update on the Kaua'i Police Department's Accreditation Deputy County process. Kaua'i Police Commission Open Session September 30, 2010 Page 2 SUBJECT DISCUSSION ACTION Attorney. In his presentation Mr. Kollar stated that the department is in phase I of the accreditation process, and with the recent promotion of Jon Takamura to Administrative Lieutenant, he will be facilitating the process and the liaison to the Commission on Accreditation for Law Enforcement Agencies (CALEA). Mr. Kollar provided a list of the benefits for achieving accreditation from CALEA: 1) Credibility; 2) Greater accountability within an agency; 3) Reduced risk and liability exposure; 4) Support from government officials; 5) Increase in community advocacy. Mr. Kollar further explained that CALEA's primary program is Law Enforcement Accreditation, and the key to this program is the Standards for Law Enforcement Agencies Manual. Mr. Kollar stated that there are currently, 463 standards that addresses nine major law enforcement subjects: 1) role responsibilities and relationships with other agencies; 2)organization, management and administration; 3) personnel structure; 4) personnel process; 5) law enforcement operations; 6)operations support; 7)traffic operations; 8)detainee and court- related services; and 9) auxiliary and technical services. Mr. Kollar stated that the Department is currently at the beginning of the self-assessment process, and that this phase is meant to have strict time limits. Adding that the department has not formally enrolled as of this date. Mr. Kollar explained that once the department is enrolled into one of CALEA's programs, it enters into the self- assessment phase and depending on the program; the department has either 36 or 24 months from the date the CALEA representative signs the Accreditation Agreement to complete the self-assessment. Once the department notifies CALEA of its completion of the self-assessment phase, the department will then schedule the initial on-site assessment. A team of CALEA-trained assessors will visit the department to determine its compliance with standards, views agency operations, conducts a public information session, and reports its findings to the Commission for final determination of Accreditation status. Mr. Kollar stated that this process is a long-term priority for Chief Perry, and as a small mid-size department, the obstacles faced are primarily staff related. As the Commission is well acquainted with the seemingly intractable staffing issues the department faces. In addition, initialing the Policy Development is time consuming and delicate work, which requires the cooperation from multiple agencies and Unions. Mr. Kollar credits the assistance of Deputy Chief Mark Begley and the Administrative Technical Bureau, as a truly management team committed to a Professional Law Enforcement Agency. Questions/comments Commissioner lannucci asked if the department would be reimbursed for fees incurred during the accreditation process. Deputy County Attorney Kollar stated that essentially, the department would recoup the benefits Kaua'i Police Commission Open Session September 30, 2010 Page 3 SUBJECT DISCUSSION ACTION through reduced liability insurance premiums, and other associated liability costs. Mr. Kollar further explained that there are some agency's that have been reimbursed of the annual fees paid to CALEA to maintain the accreditation. Commissioner lannucci asked whether Chief Perry is supporting the process. Mr. Kollar stated that Chief Perry is driving the process forward and has made it a major priority. Chair Nebre asked because the Kaua'i Police Department is not 100 percent staffed, will it affect the accreditation process for the department. Mr. Kollar said no, because it is not a requirement of CALEA that the department be 100 percent staffed, although that would be a great benefit for the department. Commissioner Grady questioned whether the annual cost of four to five thousand dollars is a set amount. Mr. Kollar explained that the amount is an approximate cost, and that it will probably increase, noting that the cost does include the man hours and labor that goes into the process. Commissioner Grady questioned whether a timeframe has been established? Mr. Kollar stated that during the on-site assessment, CALEA will determine whether or not the facilities meet its standards, if not CALEA will decline to accredit the department at that time. Mr. Kollar also noted that the time to ask the pertinent questions is during the self-assessment process. Vice-Chair Iona asked Mr. Kollar, whether the size of the Kaua'i Police Department, based on the standards of CALEA, have floating variables that are indicated in the manual, which distinguishes between the size of a department and the financial constraints that a department of this size faces, as opposed to a larger agency like the Honolulu Police Department. Vice-Chair Iona then asked whether the Kaua'i Police Department has a good chance of achieving the accreditation as opposed to holding a steadfast rule whereas, Kauai doesn't stand a chance of being accredited. Mr. Kollar explained that the standards are not the same for every department. The Kaua'i Police Department will not be held up to the same standards and requirements as the Honolulu Police Department, but be mindful that CALEA will not allow the Kaua'i Police Department to cut corners and be less professional, however, they would be flexible to the facilities when required. Mr. Kollar stated that the goal of the Kaua'i Police Department is to get all 463 mandatory requirements, BUT if we can get the ones that are mandatory while maintaining as a professional operation in other areas, is an option that is open to us. Vice-Chair Iona asked if there is such a thing as a partial accreditation. Mr. Kollar clarified that CALEA does not offer partial accreditation, we either get accredited or we don't. Commissioner O'Connor asked if the department has a target date on the official enrollment. Mr. Kollar stated that due to the amount of variables that may affect the size of the department, a target date seems unrealistic at this point. Kaua'i Police Commission Open Session September 30, 2010 Page 4 SUBJECT DISCUSSION ACTION Recognition and Officer of the month for September: Officer Aaron Relacion Commendation Report Deputy Chief Mark Begley reported that Officer Relacion was attending certification training and will not be available; he then requested to the Commission to postpone this item until the Commission's meeting in October. Commissioner lannucci suggested inviting the Officer of the Year to the Commission's meeting next month to be recognized. D/C Begley noted that Sergeant Karen Kapua was selected as the 2010 HSLEOA Officer of the Year, which was announced at conference held at the Kaua'i Marriott Resort. Commendation Report There was (1) memorandum of commendation and thanks received involving Detective Carl Oliver, from Ms. Joyce Nishimura, Ms. Arlene Yamada and Mr. Wayne Okimoto, thanking Detective Oliver for assisting their family with an important matter. The letter was forwarded to the employee with the Chief's personal thanks, sent to the Mayor, and filed in the employees' personal jacket. Chief's monthly Reports include: and quarterly reports Administrative and Technical Services, Training Report and Orders Fiscal Report Patrol and Traffic Community Oriented Policing Reports for September 2010, for the districts of Lru'e and Waimea-Koloa. Referring to the LiYhu'e District COP Report, under Neighborhood Checks. Commissioner Grady asked what kind complaints were reported. Acting Assistant Chief Alejandre Quibilan reported that there has been a rash of burglaries occurring in the Pua Loke, Ulu Mahi and Ulu Ko subdivisions and the department set-up an enforcement task force to monitor the area. Commissioner lannucci asked D/C Begley for an update on the proposed sub-stations for the Waimea and Kapa'a districts. D/C Begley reported that Lt. Mike Contrades is leading the efforts in Kapa'a, and with the help of the Administration we are trying to secure a location near the Mahelona Hospital (which is on State property). D/C Begley noted that assisting with the process is Solette Perry. Kaua'i Police Commission Open Session September 30, 2010 Page 5 SUBJECT DISCUSSION ACTION With regards to the Waimea Sub-Station, D/C Begley called upon Acting Assistant Chief Quibilan to give a brief update. AAC Quibilan reported that the Old Waimea Dispensary remains the target location, and the department is working with Easter Seals and the Mayor's Office to secure a portion of the building for use as the sub-station. ACC Quibilan stated that after satisfying the requirements through a grant process, the Easter Seals Society was granted the use of the building, and through communication with the department, has offered the use of a portion of the building for the sub-station. ACC Quibilan stated that the renovation of the building will be done by Easter Seals, and the County will responsible for the interior work. ACC Quibilan stated that there is no set timeframe, and just recently Lt. Richard Rosa has been assigned to lead the efforts and he is tasked to work with Easter Seals on setting a timeframe for the completion of the project. Vice-Chair Iona stated that there are concerns within the community regarding the removal of the lead and asbestos materials from the interior portion of the building, asking if any consideration is being taken with regards to retrofitting the interior portions of the building. ACC Quibilan said not to his knowledge, noting that the department is totally depending on Easter Seals who has taken the lead on the refurbishing of the building and to address health issues and other concerns. Investigative Administrative Personnel Orders General Orders Chief's announcements Deputy Chief Begley announced that on Saturday, October 2, 2010, the Kaua'i Police Explorers will be having a car wash at the Kukui Grove Shopping from 9:00 a.m. till 2:00 p.m., to raise money for various events and training. Communication KPC 2010-21 Communication dated 9/21/10 from Deborah A. Morel to Chair Nebre and Members of the Kaua'i Commissioner Police Commission, thanking the Commission for the time and consideration given, in her support of Chief Tachibana moved to Perry, and the entire Police Department. receive, seconded by Vice-Chair Iona and unanimously carried 7:0. Business KPC 2010-22 Recap from Chair Nebre on the 2010 NACOLE Conference held in Seattle, Washington on Kaua'i Police Commission Open Session September 30, 2010 Page 6 SUBJECT DISCUSSION ACTION September 20-23, 2010. Chair Nebre handed out his summary of the NACOLE conference to the members KPC 2010-23 Recap of the 2010 HSLEOA(Hawai'i State of Law Enforcement Officials Association) held on September 23-24, 2010 at the Kaua'i Marriott Resort. The Commissioner's commended Assistant Chief Roy Asher and the department staff for putting together an excellent conference, the speakers and topics discussed was very informative. KPC 2010-24 Public announcements for Kaua'i Police Commission notarized complaints against Officers of the Kaua'i Police Department: • KPC 10-25 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 and to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-25. • KPC 10-32 Based on the information provided, the Commission found that there was insufficient evidence to uphold this complaint. The complaint has been forwarded to the Office of the Chief for further review and to investigate if deemed necessary. This officially concludes the Commission's review of complaint KPC 10-32. Announcement Next Meeting— Friday, October 22, 2010, Open Session to begin at 9:00 a.m. Executive Session to follow. Meeting will be held at the Mo'ikeha Building in meeting room 2 A&B. Executive Session Vice-Chair Iona cited the Hawai'i Revised Statues at 9:50 a.m. bring 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 am 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 allow the Commission to consult with its Attorney on questions and issues pertaining to the Commission powers, duties, privileges, immunities, and or liabilities as they may relate to the following issues: • ES-34 Discussion and deliberation relating to the Chief's Employment Agreement. • ES-Discussion and decision making for the year-end performance evaluation of the Chief. Deadline is 10/25/10. Kaua'i Police Commission Open Session September 30, 2010 Page 7 SUBJECT DISCUSSION ACTION a) Progress of the Chief's Goals and Objectives for 2010. b)2011 Goals and Objectives for the Chief c) Review Stakeholders Input • ES-40 a copy of a communication dated 9/17/10 from Chief of Police, relating to Kauai Police Commission complaint KPB 10-18. • ES-41 a copy of a communication dated 9/7/10 from Chief of Police, relating to Kaua'i Police Commission complaints KPC 10019, 10-20, 10-21, 10-23, 10-24 and 10-26, 10-27. • ES-42 a copy of a communication dated 8/17/10 from Honolulu Police Commission regarding an allegation made against two Officers of the Kaua'i Police Department. • ES-43 Communication dated 8/30/10 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, against three Officers of the Kaua'i Police Department. Vice-Chair Iona moved Chair Nebre called for the motion to enter into Executive Session. to enter into Executive Session; seconded by Commissioner lannucci and unanimously carried 7:0. Chair Nebre called for a 10 minute caption break at 9:51 a.m. Return to Open Session to ratify Chair Nebre called for the motion to ratify the actions taken in Executive Session. Commissioner Kanekoa the actions taken moved to ratify the in Executive actions taken in Session for items: Executive Session for Kaua'i Police Commission Open Session September 30, 2010 Page 8 SUBJECT DISCUSSION ACTION ES-34 and ES-39 items: Es-34 and ES- through ES-44. 39 through ES-44; seconded by Commissioner Tachibana and unanimously carried 7:0. Adjournment Commissioner Kanekoa Chair Nebre called for the motion to adjourn the meeting. moved to adjourn the meeting; seconded by Commissioner Tachibana and unanimously carried 7:0. Meeting adjourned at 10:52 a.m. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Alfredo Nebre Jr., Chair ( X ) Approved as is. (Approved on 10/22/10) ( ) Approved with amendments. See minutes of meeting.