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
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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.
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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
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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.
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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
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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.