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HomeMy WebLinkAboutJANUARY 22_2010_APPROVED JANUARY 22, 2010 REGULAR MEETING MINUTES OF KAUA'1 POLICE COMMISSION 9:00 A.M. COUNTY COUNCIL CHAMBERS 4396 RICE STREET, ROOM 205 LIHU'E, KAUAI 96766 Present: Alfredo Nebre Jr., Chair Charles Iona, Vice-Chair Leon Gonsalves Sr., Commissioner Russell Grady, Commissioner Thomas M. lannucci, Commissioner Rowena Tachibana, Commissioner Also Present: Darryl Perry, Police Chief Mark Begley, Deputy Police Chief Roy Asher, Assistant Chief Scott Yagihara, Acting Assistant Chief Michael Contrades, Lieutenant Mark Scribner, Lieutenant James Miller, Acting Sergeant Jason Overmyer, Officer Anthony Morita, Officer Jennifer Winn, Deputy County Attorney Mercedes Youn, Office of Boards and Commissions Staff Call to order: Chair Nebre Jr. called the meeting to order at 9:00 a.m. Approval of Agenda: Commissioner lannucci made a motion to approve the agenda; Commissioner Tachibana second this motion and it was unanimously carried. Public Testimony: None January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 1 Approval of minutes: Commissioner Gonsalves Sr., made motion to approve the meeting minutes of December 18, 2009, as submitted. Vice-Chair Iona seconded the motion and it was unanimously carried. Chair's Report: Chair Nebre wished the Commissioners a Happy New and he is looking forward to a having a good year. Recognition: Officer's for the month of January: Anthony Morita and Jason Overmyer. Lt. Michael Contrades read the recognition report for Officer Anthony Morita. Acting Sergeant James Miller read the recognition report for Officer Jason Overmyer. Chief Perry presented Officer's Morita and Miller with a certificate of recognition for their outstanding and exemplary service as an officer of the Kaua'i Police Department and their dedication and commitment in keeping the community safe. Commendations: There were (2) letters of commendations and thanks received by the department involving (2) employees. These letters were forwarded to the employees to the with Chief Perry's personal thanks, sent to the Mayor and filed in each employee's personal jacket. Recipients of letters were: Acting Sergeant James Miller— a letter was sent by Ms. Beverly Muraoka in gratitude for the courtesy extended by Officer Miller following a traffic stop. Officer Joel Miyashiro — a letter was sent by Ms. Rebecca "Becky" Burke commending Officer Miyashiro for his patience and kindness following a reported vehicle accident, Ms. Burke appreciated the manner in which the officer handled the situation. Special Commendation: In recognition of Dr. Martin Luther King's Holiday - Chief Perry presented a plaque to Officer Mark Ozaki commemorating him for being selected as the recipient of the "Peace Maker Award". The award was first presented on January 18th, 2010, to Officer Mark Ozaki (KPALorganization) by Ms. Anela Atkinson and Mr. Mark Jefferies. January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 2 Chief's monthly and quarterly reports: Reports included are as follows: Administrative and Technical • Training orders • Fiscal: Chief Perry reported that the department's budget is still on course. • Patrol Services Bureau and Traffic • Community oriented policing report for January 2010 for districts of Lru'e, Hanalei and Waimea. • Investigative Services • Administrative notices • Personnel orders: Commissioner Tachibana inquired about the recent vacancy of the department's Fleet Coordinator left by Mr. Michael Layosa. Chief Perry reported that Mr. Layosa is back on the job working on an 89 day contract and during the interim the department will be looking for a candidate to fill his position. Commissioner lannucci stated that because the department does not have an in- house maintenance personnel dedicated solely to the department, he suggested that in the future and with a better budget it would be good for the department to have its own fleet maintenance garage. Sharing the same sentiments as Commissioner lannucci, Commissioner Gonsalves stated that it would be good for department to have that service solely dedicated to the maintenance of the Fleet. • General orders • Chief Announcements: Chief Perry reported that the department is doing a great job, and with the help of the public the officers were able to arrest the individuals who responsible were for the burglaries occurring on the island. Chief Perry reassured that he knows of the recent traffic problems occurring on the Wailua Bridge and reported that the department is doing everything possible to help alleviate the flow of traffic. Chief Perry expressed his condolences to the Garcia family who recently loss a family member who was involved in a vehicle accident west of the Kahili Mountain Park. (This case is still under investigation) Chief Perry suggested a mandatory drug testing for all elected and appointed January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 3 Officials in the County of Kaua'i. Commissioner lannucci concurs with Chief Perry stating that he thinks the Police Commission members should do a drug test and a back ground check. Officer Darla Higa will be assisting with the KPD Explorer Program and will be giving a presentation at the next Police Commission meeting, an effort to promote the program. The department's Youth Services program in joint operation with the Cancer Research Center of Hawai'i and the Kaua'i Liquor Department has been doing compliance checks for underage drinking at certain business establishments on the island and out of the fifteen 15 establishments that were involved, seven (7) were establishments allowed the minor's to purchase alcohol resulting in eight (8) arrests. Chief Perry advised that all business establishments who serves liquor should be cognicent and to check ID's. Communications: None Business: 1. Discuss the possibility of implementing services of a Mediator to handle certain notarized public complaints. A comment was made by Commissioner lannucci saying that he is going back and forth with the mediation services idea, his concerns were focused on its costs compared to the cost of an investigator, how much time it will take and he feels that the Commission does not need one, as the model that the Commission has in place now is sufficient. Commissioner Tachibana asked if other counties have mediation services and that she would like to have more information about this service. Vice-Chair Iona stated that he agrees with Commissioner lannucci, that the Commission does not need this service; with his past experience working with mediation services it could present a problem for the Commission because when both parties come to an in-pass, the Commission will not be able to anything. Another thing to consider is when looking for a mediator he or she must have the ability to address the issues that would fall right in line with what the police department has. Another concern made by Commissioner lannucci is whether the mediator will be able to understand police procedures, techniques and the mind set of an officer, adding that the Police Commission is the balance between the officer (department) and the public. Commissioner Tachibana stated that she feels that the Commission would only send certain cases to the mediator. January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 4 Vice-Chair Iona stated that a lot of credit should go to the Chief and his staff because the policies that they have in place has an "Open Door", presence. 2. Discuss the recommendation proposed for the FY 2010/2011 Kaua'i Police Commission Budget. Commissioner lannucci commented that the Commission has definitely reduced its budget as requested by the Mayor, However, he would still like to see the $2000.00 dollars allotted for training go into the airfare or per diem account to help with the conferences. Chair Nebre stated that more funds were proposed to per diem account. Commissioner lannucci questioned the training account stating that the Commission has $2000.00 dollars in the account and has never touched it. Why can't the funds be allocated to the travel related accounts as needed? Deputy Mark Begley explained (inaudible) Commissioner Gonsalves inquired about the mileage account and had concerns about the investigator services account - asking what was the total expenditures for FY 2009. Chair Nebre said that the total expenditures for investigative services were $900.00 dollars. Referring to the proposed budget for the Investigative Services, Commissioner Gonsalves noticed that it went from $25,000 down to $17,000 he does not want the Commission to cut themselves short, because anything can happen. Commissioner lannucci stated that although in 2009 complaints have been reduced the Commission should not bring the proposed $17,000 dollars below $15,000 dollars, agreeing with Commissioner Gonsalves that you never know what can happen. Vice-Chair Iona questioned the increase in mileage account. Chair Nebre stated that the increase is due to the anticipation that certain Commissioner's may have to travel a longer distance to attend the meetings. Commissioner Gonsalves stated that the Commission would consider allotting each member a flat rate as it has done in the past versus the price per mile. Commissioner lannucci stated that he is okay with the way it is being done now. Next meeting: January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 5 Friday, February 26, 2010, starting at 9:00 a.m. with Executive Session to follow. New meeting location will be at the Civic Center - Mo'ikeha Building in Meeting Room 2 A&B. Commissioner lannucci cited the Hawai'i Revised Statues as follows: Executive Session Pursuant to the Hawai'i Revised Statues §92-4, §92-5 (a) (2) (4), the purpose of this Executive Session is to approve the following executive session minutes and to consider the dismissal, or discipline of an officer or employee of charges brought against the 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 of this executive session is to allow the Commission to consult with its Attorney on questions and issues pertaining to the Commission and County's powers, duties, privileges, immunities and liabilities as they may relate to these items. And to deliberate and take such action the Commission deems appropriate. ES-1 Executive session minutes of December 18, 2009. ES-2 Quarterly report from Chief Perry for the month of January on the disposition of Notarized complaints. ES-3 KPC 09-06, notarized complaint filed against a Police Officer. ES-4 KPC 10-01, notarized complaint filed against unknown employees of the Kaua'i Police Department. (Received on 01/05/2010) ES-5 KPC 10-02, notarized complaint filed against KPD 911 Operators. (Received on 01/05/2010) ES-6 KPC 10-03, notarized complaint filed against unknown employees of the Kaua'i Police Department. (Received on 01/05/2010) A motion to move into Executive Session was made by Vice-Chair Iona, seconded by Commissioner Tachibana, and carried unanimously. Recess at 9:46 a.m. Reconvene: 10:41 a.m. Regular Session A motion to return to regular session was made by Commissioner Gonsalves. The motion was seconded by Commissioner lannucci and carried unanimously. Ratify: A motion to ratify the actions taken in Executive Session was made by Commissioner Gonsalves and seconded by Commissioner Grady. Motion carried unanimously. January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 6 Adjourn: A motion to adjourn was made by Commissioner Tachibana and seconded by Commissioner lannucci. The motion was unanimously carried. Meeting adjourned at 10:42 a.m. Submitted by: Mercedes Youn, Staff Approved by: Alfredo Nebre Jr., Chair Date of approval: 02/26/2010 January 22, 2010 - Kaua'i Police Commission regular meeting minutes Page 7