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HomeMy WebLinkAbout121610_REGULAR_MINUTES COUNTY OF KAUAI Minutes of the meeting of the Kauai Police Commission Thursday, December 16, 2010 Board/Committee: Kaua'i Police Commission Meeting Date: December 16, 2010 Location Mo'ikeha Building—Meeting Room 2 A&B Session began: 9:08 a.m. I Session ended : 10:25 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. Also present: Chief Darryl Perry, Assistant Chief Roy Asher, Acting Assistant Chief Scott Yagihara, Acting Assistant Chief Alejandre Quibilan, Lt. Michael Contrades and Officer Brian Silva. Deputy County Attorney Jennifer Winn and Boards and Commissions Staff Mercedes Youn. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Nebre called the meeting to order at 9:10 a.m. Approval of Commissioner Agenda lannucci made a motion to amend the agenda to take Recognition of Officer Brian Silva before the approval of the meeting minutes; seconded by Commissioner Tachibana and unanimously carried 7:0. Recognition December Officer of the month—Officer Brian Silva Officer Brian Silva a nine year veteran of the Kaua'i Police Department was commended by Lt. Michael Contrades for his investigative skills and tenacious nature in solving a burglary case that initially had no known suspect(s)or leads. A certificate of recognition and exemplary service was presented to Officer Brian Silva by Chief Darryl Perry. Approval of the Commissioner meeting minutes Regular meeting minutes of November 29, 2010. Tachibana moved to approve the Kaua'i Police Commission Regular Session December 16, 2010 Page 2 SUBJECT DISCUSSION ACTION meeting minutes as circulated; seconded by Commissioner lannucci and unanimously carried 7:0. Chief's Monthly and Quarterly Reports include: Reports • Administrative and Technical Services Commissioner Grady questioned whether the department has a specific individual assigned to the Bench Warrant Tracking. Chief Perry stated that no specific person is assigned; however, when the SRO's are not in school, they help out by serving the warrants, as well as the patrol officers. Commissioner Tachibana asked whether the department is looking into collaborating with the Sheriff's department or other agencies to serve the warrants. Chief Perry stated that we have tried, but it is the responsibility of the Police Department to serve the warrants. Commissioner lannucci asked whether there is an expiration date for warrants. Chief Perry stated that the time limit is about 6 months, (but needs to clarify it) adding that, should the time limit lapse; we would have to return the warrant and have another one re-issued by the courts. Commissioner O'Connor questioned whether the most wanted issue printed in the Garden Island newspaper has replaced police blotter. Chief Perry stated that the police blotter is still being printed in the Garden Island newspaper; however, the information is dated (3 weeks). Chief Perry informed the Commission, that today's meeting documents can be found on the County of Kauai' website, and that the department is in the process of updating and revising the Kaua'i Police Department's website, and with the help of Detective Paul Applegate, we are hopeful to have a link on our website that would allow the public to view the meeting documents, thus, making it easier for the public to access the meeting documents. • Training Reports and Orders • Fiscal Report • Patrol and Traffic Report • Community Oriented Policing Reports for the month of December for districts Lihu'e, Waimea and Hanalei • Investigative Services Report Kaua'i Police Commission Regular Session December 16, 2010 Page 3 SUBJECT DISCUSSION ACTION • Administrative Notices • Personnel Orders • General Orders At 9:20 a.m.Chair Nebre called for a 5 minute recess to allow Hoike to set up their video equipment. The meeting resumed at 9:25 a.m. Commendation Report for December 9, 2010. Officer Joseph Himongala was commended by Mr. Phillip Bien Pascual, for the opportunity to ride along. Officer Himongala professionalism and knowledge when dealing with the public was a rewarding experience. The letter will be forwarded to the employee with the Chief's personal thanks, sent to the Mayor, and filed in his personal jacket. Chief's announcements: • Lt. Michael Contrades was pleased to announce that the KPAL (Kaua'i Police Activities League, a non- profit organization) youth center is completed. With the help of so many community members, government employees and businesses, we were able to complete the renovation of an older building in Kapahi, and turn it into a youth center. An opening ceremony is also being planned for February to recognize the many individuals and businesses who gave their time, energy and generous monetary support. Lt. Contrades extended an invitation to the Police Commissioners to attend the event. • Chief Perry announced that he is reading two (2) books that he found very real because it happens here on Kaua'i. The first book is called Brave Heart, which depicts a series stories of Law Enforcement Officers who give of themselves and their families for the welfare of the community. The other book is called Sleights of Mind, which is basically about magicians and how they use the human visional limitations. Chief Perry explained that as he reads the book, it tells the reader that it is impossible for any human to multi task, by doing so one cannot focus 100% on each task, which leaves the possibility for error. He relates the book to that of an law enforcement officer, because as the officer drives his car, he is either talking on the radio and looking for violations, (multi-tasking) Because of that, Chief Perry felt that those are the kind of issues that the department needs to look at, because we do not want to set up our officers for failure. • Chief Perry announced that Captain Scott Yagihara is retiring at the end of the month. Captain Yagihara has been with the Kaua'i Police Department for over 25 years. He first joined the department on July 15, 1995. Along with the Chief, the Commission wished all the best for his future endeavors, with a special thanks for his many years of service in the department and the community. Kaua'i Police Commission Regular Session December 16, 2010 Page 4 SUBJECT DISCUSSION ACTION • Chief Perry announced that because of the Waimea Christmas parade happening on Saturday, December 16, 2011, in Waimea, road closures will begin at 5:45 p.m. Business Commissioner • KPC 2010-31 Nomination and selection of 2011 Officers for the Police Commission Grady moved to nominate Commissioner Charles Iona for the position of Chairman; seconded by Commissioner lannucci and unanimously carried 7:0. Commissioner Iona moved to nominate Commissioner Kanekoa for the position of Vice- Chairman; seconded by Commissioner lannucci and unanimously carried 7:0. • KPC 2010-32 Discussion and decision making on the proposed Kaua'i Police Commission 2011 Commissioner meeting schedule. lannucci moved to approve the 2011 meeting schedule as circulated; seconded by Commissioner Tachibana and unanimously Kaua'i Police Commission Regular Session December 16, 2010 Page 5 SUBJECT DISCUSSION ACTION carried 7:0. • KPC 2010-33 Public announcements for three (3) Kaua'i Police Commission notarized complaints filed against officers of the Kauai Police Department. • KPC No.10-34, The Police Commission has completed its review and deliberation of complaint KPC No. 10-34. The complaint alleges of a false arrest and failure of an officer to assist after reporting of being assaulted. 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 of Police for review and or to investigate as deemed necessary. This officially concludes the Commission's review of complaint KPC No. 10-34. • KPC No. 10-36, The Police Commission has completed its review and deliberation of complaint KPC 10- 36. The complaint alleges harassment by three (3)officers and wrongfully ticketed for a cell phone violation that was not committed. 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 of Police for further review and or to investigate as deemed necessary. This officially concludes the Commission's review of complaint KPC No. 10-36. • KPC No 10-37, The Police Commission has completed its review and deliberation of complaint KPC 10-37. The complaint alleges that the statements gathered by a police officer and a jail guard were false. 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 of Police for further review and or to investigate as deemed necessary. The officially concludes the Commission's review of complaint KPC No. 10-37. • KPC 2010-34 Discussion and decision making on a communication dated 11/08/10, from the Interagency Advisory Committee for the Children's Justice Center of Kaua'i, requesting assistance from the Kaua'i Police Commission regarding Committee's concerns. Motion For discussion purposes, Commissioner lannucci made a motion to send a communication to the Interagency Advisory Committee (if one has not already been sent) in response to a request for the Chair and/or members of the Police Commission attend a meeting, the letter should state that the matter at hand relates to the administrative of the department and therefore, falls out of the scope of the Police Commission duties and responsibilities; seconded by Commissioner Grady Kaua'i Police Commission Regular Session December 16, 2010 Page 6 SUBJECT DISCUSSION ACTION Discussion Referring to the letter, Commissioner lannucci stated that the proper protocol would be for the Interagency Advisory Committee, to attend a Police Commission meeting, to present their concerns, after the presentation, the Commission can then make a decision as deemed necessary. Commissioner lannucci stated that he felt that the letter is a complaint made towards the department, because they made assurances and a commitment to address the committee's concerns; however the progress has been inadequate, and they are now seeking assistance through the Police Commission. With all things considered, Commissioner lannucci stated that it seems to be an administrative matter and that he has confidence that Chief and his staff is working hard to address their concerns. Chair Nebre informed the Commissioners, that an e-mail was sent to the Program Director, inviting him and the members of the Committee to attend a Police Commission meeting, to present their concerns, of which they decline. With that being said, Commissioner lannucci withdrew his motion, and made a new motion to send a follow-up letter notifying the committee that it is out of the scope of Police Commission responsibilities and duties and any further correspondence should be made directly to the Chief of Police; seconded by Vice-Chair Iona and unanimously carried 7:0. Announcements Next Meeting- Friday, January 21, 2011, open session begins at 9:00 a.m. with executive session to follow, at the Mo'ikeha Building in meeting Room 2 A/B. Executive Session At 9:48 a.m. Vice-Chair Iona cited the Hawai'i Revised Statues to bring the meeting into executive session on matters pursuant to §95-5 (a) (b), subsections (2), and (4), to consider charges brought against an officer or employee where consideration of matters affecting privacy will be involved; and to consult counsel on Commission powers, duties, privileges, immunities, and liabilities. • ES-50 Executive session meeting minutes of November 29, 2010 • ES-51 KPC 10-38, new notarized complaint filed on 11/24/10, against two (2) Officers of the Kaua'i Police Department. Commissioner lannucci moved to enter into executive session; seconded by Commissioner Tachibana and by unanimous vote,the motion carried 7:0. Kaua'i Police Commission Regular Session December 16, 2010 Page 7 SUBJECT DISCUSSION ACTION After the motion, Chair Nebre called for 10 minute caption break. Return to Open Commissioner Session to ratify At 10:25 a.m. the Commission returned to open session to ratify the actions taken in executive session. Tachibana moved the actions taken in to ratify the actions executive session taken in Executive Session for items ES-50 and ES-51; seconded by Commissioner lannucci and unanimously carried 7:0. Adjournment Vice-Chair Iona Chair Nebre called for the motion to adjourn the meeting. moved to adjourn the meeting at 10:20 a.m.; seconded by Commissioner Tachibana and unanimously carried 7:0 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Charles Iona, Chairman ( X) Approved as is on 01/21/2011. ( ) Approved with amendments. See minutes of meeting.