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HomeMy WebLinkAbout112910_REGULAR_MINUTES_APPROVED COUNTY OF KAUAI Minutes of the Meeting of the Kauai Police Commission Monday, November 29, 2010 at 9 :00 a.m. Board/Committee: Kaua'i Police Commission Meeting Date: November 29, 2010 Location Mo'ikeha Building— Meeting Room 2 A&B Session began at: 9:12 a.m. I Session ended at: 10:35 a.m. Present Chair Alfredo Nebre Jr., Vice-Chair Charles Iona, Russell Grady, Thomas M. lannucci, Rowena Tachibana, Ernest Kanekoa Jr., and James O'Connor(arrived at 9:10 a.m.) Also present: Chief Darryl Perry, Deputy Chief Mark Begley, Assistant Chief Roy Asher, Acting Assistant Chief Alejandre Quibilan, Acting Assistant Chief Scott Yagihara, Acting Captain Sherwin "Kaleo" Perez, Officer's Jonathan K. Bonachita, Colin Nesbitt and Christian Jenkins. Deputy County Attorney Jennifer Winn, Administrative Aide Cyndi Ayonon and Boards and Commissions Staff Mercedes Youn. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:12 a.m. Approval of Commissioner lannucci Agenda moved to approve the agenda; seconded by Commissioner Tachibana and unanimously carried 7:0. Approval of Commissioner Tachibana Minutes Regular and Executive Session meeting minutes of October 22, 2010. moved to approve the regular and executive meeting minutes of October 22, 2010; seconded by Commissioner Kanekoa and unanimously carried 7:0. Recognition and Officer's recognized were: Commendation Report October Officer of the month - Christian Jenkins Lt. Perez was please to announce that Officer Christian Jenkins is the Officer of the month for October. Since joining the Police Department on February 13, 2006, Officer Jenkins has executed an outstanding job performance, his dedication to his work resulted in 103 arrests and has issued over 600 citations mainly for cell phone violations, seatbelt and moving violations. In addition, Officer Jenkins issued over 102 documents, 54 of which was for bench warrants. Just recently, Officer Jenkins came upon an subject wanted for Kaua'i Police Commission Regular Meeting Minutes November 29, 2010 Page 2 SUBJECT DISCUSSION ACTION numerous bench warrants, (this individual has avoided apprehension for several weeks) upon, his encounter of the suspect a chase began, Officer Jenkins maintained his pursuit (never losing sight) and at the end and with the assistance of other officers, were able to apprehend the suspect. During his spare time Officer Jenkins volunteers at the Kapa'a Elementary School, assisting with various events and special projects. Originating from California, Officer Christian Jenkins is married to a local girl and has three (3) children. On behalf of the Kaua'i Police Department, citizens of Kaua'i and himself, Chief Perry presented Officer Christian Jenkins with a certificate of outstanding and exemplary service to the community. November Officer of the month - Colin Nesbitt On behalf of Sergeant Kenneth Cummings, Officer in Charge (OIC) Jonathan Bonachita read the recognition for Officer Colin Nesbitt. On November 5, 2010, Officer Nesbitt responded to call to assist Officer Marnie Fernandez with an attempted burglary case. Officer Fernandez investigation of the case revealed that the victim was startled when the perpetrator attempted to gain entry into the victim's vacation rental unit. After obtaining a good description of the suspect from the victim, Officer Fernandez and Nesbitt began their search for the suspect. Officer Nesbitt was the first to encounter the suspect but he got away, in his second encounter, Officer Nesbitt observed the suspect walking on Kapili Road (Po'ipu) a pursuit began and at the end apprehended the suspect. During the detainment, it was found that the suspect had prior felony convictions for burglary. On behalf of Officer Kenneth Cummings and himself, OIC Jonathan Bonachita thanked Officer Nesbitt for a job well done. Chief Perry presented Officer Colin Nesbitt with a certificate in recognition of his outstanding and exemplary service to the community on behalf of the citizens of the County of Kaua'i, members of the Kaua'i Police Department and himself, Chief Perry thanked Officer Nesbitt for his dedication and for being an instrumental part in the apprehension of the suspect. Commendation Report for November 24, 2010 There were two (2) memorandums of commendation and thanks received involving two (2) employees. The letters were forwarded to the employees with Chief Perry's personal thanks, sent to the Mayor, and filed in each employee's jacket. • On 11/15/10, Sergeant Paul Applegate was commended by Mr. Jerry Walker, Regional Chief and Executive Officer, West Kaua'i Medical Center, for his safety presentation to staff members and for assisting with the development of a safety plan for clinics that they operate. • On 11/15/10, Officer Darla Higa was commended by Mr. Jerry Walker, Regional Chief and Executive Officer, West Kaua'i Medical Center, for coordinating and accompanying Sgt. Applegate to the safety Chief's Monthly presentation, as well as, sharing her expertise, experience and knowledge. Kaua'i Police Commission Regular Meeting Minutes November 29, 2010 Page 3 SUBJECT DISCUSSION ACTION and Quarterly Reports Reports include: • Administrative and Technical Services and Training Report/Orders • Fiscal Report • Patrol and Traffic Report • Community Oriented Policing Reports for November 2010 for the districts of Lihu'e, Waimea and Hanalei • Investigative Services Report • Administrative Notices • Personnel Orders • General Orders • Chief's Announcements: Chief Perry was pleased to announce that he traveled to Washington D.0 to accept the Transportation Security Administration (TSA) Honorary Partnership Award on behalf of Mayor Carvalho Jr., Civil Defense and the Kauai Police Department. Chief Perry announced that in October he attended the Annual International Association Chief of Police (IACP) Conference, held in Florida. Chief Perry announced recently he sent the Commission a nationwide report on traffic fatalities. The report showed that 30,000 to 40,000 lives are lost annually on the highways, most of it due to driving under the influence of drugs and alcohol. Because of that Chief Perry stated that Lt. Mark Scribner will be conducting check-point throughout this holiday season in an effort to keep our community safe. Chief Perry reported that in 2007 there were 8 traffic fatalities, 2008 there were 11, 2009 there were 8, and in 2010 there were 10 so far. In light of the statistics, Chief Perry presented the Commission with his message to the community. A=ATTENTION (DON'T USE YOUR CELL PHONES, PAY CLOSE ATTENTION TO THE ROAD CONDITIONS, SCHOOL AND CONSTRUCTION ZONES AND SPEED LIMITS) B = BUCKLE UP (ALL USE YOUR SEATBELTS, AND MAKE SURE THAT YOUR KEIKI'S ARE IN A APPROVED CAR SEAT) C = COURTESY (BE COURTEOUS TO YOUR FELLOW DRIVER) D = DON'T DRINK OR USE DRUGS WHILE DRIVING Kaua'i Police Commission Regular Meeting Minutes November 29, 2010 Page 4 SUBJECT DISCUSSION ACTION Chief Perry announced that on November 30, 2010, at 9:00 a.m. the department will be conducting an inspection of the Waimea district at the Hanapepe Amory. Chief Perry announced that former Police Officer Maurice Caspillo had passed. The department will be providing the Honor Guard detail for the service. Chief Perry reported that for a period of 12 months, the Drug Enforcement Agency(DEA) placed a temporary control on "fake marijuana", For more information, please go to their website at: www.dea.gov or the department's website at: www.kauai.gov and click on Kaua'i Police Department. Chief Perry announced that Sgt. Paul Applegate was recently transferred to the AT&T Bureau and he will be working on getting the department's website updated on a weekly basis. Chief Perry announced that the Kaua'i Police Department will be participating in the Lights on Rice parade on Friday, December 3, 2010, and also at the Waimea Town Christmas parade held on Saturday, December 18, 2010. He invited the Commissioner's to walk with the department. Communications KPC 2010-26 Communication dated 10/12/10 from Sidney A. Havakawa Director, of the Hawaii Law Enforcement Memorial Foundation, regarding its 1St Annual Gala Benefit fundraiser on 12/11/10, at the Sheraton Waikiki Grand Ballroom. KPC 2010-27 Communication dated 10/26/10 from Chief Darryl Perry, regarding the Kaua'i Police Department 2009 Annual Report. Commissioner lannucci requested copies of the Annual Report for each Commissioner. KPC 2010-28 Copv of a communication dated 11/11/10 to Chief Darryl Perry, from Jerry Walker, Regional Chief Executive Officer of the West Kaua'i Medical Center, commending Officer Darla Higa for her assistance regarding several recent safety incidents at the Kaua'i Veterans Memorial Hospital. KPC 2010-29 Copy of a communication dated 11/12/10 to Chief Darryl Perry, from Jerry Walker, Regional Chief Director of the West Kaua'i Medical Center, commending Sergeant Paul Applegate for his assistance in the development of a safety plan for the Kaua'i Veterans Memorial Hospital. Kaua'i Police Commission Regular Meeting Minutes November 29, 2010 Page 5 SUBJECT DISCUSSION ACTION Business KPC 2010-30 Public announcement for notarized complaint KPC 10-35, filed against three (3)officer's of the Kaua'i Police Department. The Police Commission has completed its review and deliberation of the aforementioned complaint. The complaint alleges conduct unbecoming of an officer. Based on the information provided, it was found that there was insufficient evidence to uphold the complaint. The complaint will be 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 10-35. Announcement Next Meeting—Thursday, December 16, 2010. Regular session begins at 9:00 a.m. with Executive session to follow. Meeting will be held at the Mo'ikeha Building, Meeting Room 2 A&B. Executive Session At 9:50 a.m. Vice-Chair Iona cited the Hawai'i Revised Statues and motion to enter into executive session on matters pursuant to 95-5 (a) (b), subsections (2) (4), and (8). The purpose of this executive session is to consider charges brought against an officer or employee where consideration of matters affecting privacy will be involved; to consider information that by law or court order is confidential; and to consult counsel on Commission powers, duties, privileges, immunities, and liabilities. Seconded by Commissioner Tachibana and unanimously carried 7:0. ES-35 Communication dated 11/9/10, from the County Attorney's Office regarding an update on a legal status of the Prohibited Practice Complaint, State of Hawaii, Hawai'i Labor Relations Board, Case No. CE- 12-765. ES-46 KPC 10-34, new notarized complaint filed on 9/30/10, against the Kaua'i Police Department. (Deferred on 10/22/10) ES-48 KPC 10-36, new notarized complaint filed on 11/01/10, against two (2) officers of the Kaua'i Police Department. ES-49 KPC 10-37, new notarized complaint filed on 11/03/10, against an unknown officer of the Kaua'i Police Department. Chair Nebre called for a 10 minute caption break. Return to regular Commissioner lannucci session to ratify At 10:34 a.m. Chair Nebre called for the motion to ratify the actions taken in Executive Session. moved to ratify the actions the actions taken taken in Executive Session Kaua'i Police Commission Regular Meeting Minutes November 29, 2010 Page 6 SUBJECT DISCUSSION ACTION in executive for items ES-35, ES-46, session. ES-48 and ES-49; seconded by Commissioner Tachibana and unanimously carried 7:0. Adjournment Commissioner Tachibana At 10:35 a.m. Chair Nebre called for the motion to adjourn the meeting. moved to adjourn the meeting; seconded by Commissioner lannucci and unanimously carried 7:0. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Alfredo Nebre Jr., Chairperson (X) Approved as is. (Approved on 12/16/2010) ( ) Approved with amendments. See minutes of meeting.