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.
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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
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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.
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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:
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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.
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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