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HomeMy WebLinkAbout11-27-13 Special Executive Police Commission Meeting Open Session_draft 1m(tt)KAUA'I POLICE COMMISSION SPECIAL EXECUTIVE SESSION MEETING OPEN SESSION MINUTES November 27, 2013 8:30 a.m. The Special Executive Session Meeting of the Kauai Police Commission, was called to order by Chair James R. O'Connor at 8:32 a.m. in the Mo'ikeha Building in Meeting Room 2A /2B. The following Commissioners were present: James R. O'Connor, Chair Charles C.C. Iona, Vice Chair Bradley Chiba Randall Francisco (Arrived at 8:40 a.m.) Ernest Kanekoa Jr. Donald Okami Sr. Alfredo Nebre Jr. Also present: Deputy County Attorney Mauna Kea Trask; Boards and Commissions Staff: Mercedes Youn, Support Clerk; Administrative Aide Teresa Tamura -Amoy; and Administrator Paula Morikami; Managing Director Nadine Nakamura; and First Deputy County Attorney Amy Esaki. CALL TO ORDER: Chair O'Connor: Good morning, I would like to call the Special Executive Session Meeting of the Kauai Police Commission to order on this Wednesday, November 27th. I would like to ask Vice Chair Iona to please read us into the Executive Session. Vice Chair Iona: Good morning everyone. ES -046 Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is to consider an EEOC complaint that was brought against a member of the Kauai Police Department referred by a letter dated 10/23/13, 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; and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to these item. Chair O'Connor: Do we have a document that needs to be read by the Commissioners at some point in time. Mr. Trask: At first a motion to go into Executive Session would be appropriate at this time. Also, when the Commission goes into Executive Session, Managing Director Nakamura and Boards and Commissions Administrator Paula Morikami are present as a resource for the Commission for the Executive Session discussion. Because of the Sunshine Law it would be appropriate for the Commission to move to allow them to enter into the Commission's Executive Session for discussion purposes. As you know, because of the posting language it is only for the attorney's but if the Commission deems it appropriate you could bring them in because it would be helpful. Vice Chair Iona: Chair. Chair O'Connor: Yes. Commissioner Kanekoa: I would like make a motion to enter into Executive Session. Commissioner Nebre: Seconded. Chair O'Connor: Moved and seconded to go into Executive Session, all those in favor signify by saying aye, opposed nay, motion carried. On a motion made by Commissioner Kanekoa and seconded by Commissioner Nebre to move into Executive Session, the motion carried unanimously by voice vote (6:0). Vice Chair Iona: Question, I think before we move into Executive Session, do we make a motion now, to invite Managing Director Nadine Nakamura, First Deputy County Attorney Amy Esaki and Boards and Commissions Administrator Paula Morikami into the Executive Session. Chair O'Connor: Yes. Vice Chair Iona: I would like to make a motion to allow the First Deputy County Attorney, Managing Director and Boards and Commissions Administrator into the Executive Session. Commissioner Nebre: Seconded. Chair O'Connor: Moved and seconded to allow the First Deputy County, Managing Director and the Boards and Commissions Administrator into the Executive Session, all those in favor signify by saying aye, opposed nay, motion carried. On a motion made by Vice Chair Iona and seconded by Commissioner Nebre to allow the First Deputy County Attorney, Managing Director, and Boards and Commissions Administrator into the Executive Session, the motion carried unanimously by voice vote (6:0) At 8:36 a.m. the Commission entered into Executive Session. At 10:18 a.m. the Commission reconvened. RETURN TO OPEN SESSION TO RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION FOR ITEM ES -046 On a motion made by Commissioner Kanekoa and seconded by Commissioner Nebre to ratify the actions taken in Executive Session for item ES -046, the motion carried unanimously by voice vote (7:0) ADJOURNMENT On a motion made by Vice Chair Iona and seconded by Commissioner Kanekoa to adjourn the meeting, the motion carried unanimously by voice vote (7:0) At 10:18 a.m. the meeting adjourned. Submitted by: Mercedes Youn, Support Clerk Approved by: Chair James R. O'Connor ( X) Approved as circulated on: December 27, 2013 ( ) Approved as amended on: see meeting minutes of: