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HomeMy WebLinkAbout053113_KPC Open Session Approved_1m (CZ)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: I KAUAI POLICE COMMISSION Meeting Date May 31, 2013 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:03 a.m. End of Meeting: 11: 21 a.m. Present Chair James R. O'Connor; Vice -Chair Charles C.C. Iona; Members: Bradley Chiba, Randall Francisco, Ernest Kanekoa, Jr., Donald Okami, Sr., Alfredo Nebre, Jr. Also present: Chief Darryl Perry; Deputy Chief Michael Contrades; Assistant Chiefs Roy Asher and Alejandre Quibilan; Acting Assistant Chief Sherwin "Kaleo" Perez; Lieutenant Dan Miyamoto; Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:03 a.m. Approval of Regular Open Session Minutes of April 26, 2013 Commissioner Nebre moved to approve the Minutes meeting minutes as circulated. Commissioner Kanekoa seconded the motion. Motion carried 7:0 Commendation There were six letters of commendation and thanks received involving Report fifteen personnel in the Kauai Police Department. U.S. Marshal Gervin Miyamoto for the district of Hawaii wrote to commend Deputy Chief Michael Contrades, Lieutenants Paul Applegate and Karen Kapua, Acting Captain Chris Calio, Sergeants Elliott Ke and Ken Carvalho, and Officer Alan Santella, for their assistance in the planning and coordination of the Inter - County Criminal Unit Conference. Administrative Director of Transportation Security Sharlene Mata wrote in appreciation for Acting Lt. Scott Brede and Officer Tyson Relacion, for their assistance and support during the Visible Inter -Modal Prevent and Response Mission held at the Lihue Airport. Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 2 SUBJECT DISCUSSION ACTION James and Christina Lukco wrote in gratitude to Officer Christopher Cabrera for his caring and compassionate manner in assisting them following a traumatic situation. Ms. Debrey -Nowak wrote in gratitude to Officer Hanson Hsu for his kindness and professionalism that he showed toward a member of her family. Mr. Dennis Schoenwether wrote in appreciation to Officers Gilbert Asuncion, Joseph Himongala, and Makana Rivera for the opportunity to participate in the KPD ride along program. Mr. Wes Perreira of the Kauai Food Bank wrote in appreciation to Officer Wade Takemoto for his assistance during the 24th Annual Food Drive. Chief Perry recognized Kapaa High School Resource Officer Barry DeBlake, for being instrumental in gathering the necessary resources and for securing volunteers from the community to help clear an acre of grassy land near Kapaa High School that was once used as a hiding place for juveniles and drug users. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Orders Reports 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Traffic Safety Unit & District Reports 6. Administrative Notice: 2013 -07 Internal notice to fill vacancy 7. Personnel Order: 2013 -07 Assignment 8. Chief s Announcements & Pertinent Updates Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 3 SUBJECT DISCUSSION ACTION Commissioner Francisco pointed out that in the Budget Status Report for March 2013 the year -to -date expenditures for the Chief's Office is currently at 75 %. The Administrative & Technical Bureau at 56% and the Investigative Service Bureau at 39 %. He asked whether it was safe to assume that the department would be at the 100% mark by the end of the fiscal year. Chief Perry indicated that he anticipates the expenditures should be at the 100% mark by the end of the fiscal year. He noted that the department wanted to see if it could save some money towards the end and based on the department's expenditures and actual, which includes the anticipated overtime, the department should be right at the 100% mark. Commissioner Francisco stated that with the recent budget discussion one might question the projections versus the actual and with the new budget philosophy he felt that it was imperative that the police department come close as possible to its budget forecast. Vice Chair Iona pointed out that with the yearly basic officer certifications, he was concerned about the shortage of ammunition. He asked if the police department was adequately stocked to prevent any shortcomings. Chief Perry stated that in anticipation of the ammunition shortages, the police department ordered an adequate supply which was recently received. He assured the Commission that all of their trainings and qualifications would not be impacted by a shortage. Commissioner Okami expressed his concerns about the recent spike of burglaries in the Koloa area. Chief Perry stated that the police department has a list of individuals who they have identified as possible perpetrators. He indicated that the department is also working on a special project to address the problem and has sent its Community Policing Team to Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 4 SUBJECT DISCUSSION ACTION interview residents to get additional information. Chair O'Connor asked with the recent recruitment class, is the department close to a full complement of police officers on the sworn side? Acting Assistant Chief Kaleo Perez stated that the department's goal is to fill all vacancies and with the 84th recruitment class beginning on June 24th, the department would be closer to its full capacity. Vice Chair Iona stated that with the budget constraints he understands how difficult it can be to predict the numbers in a class. He asked whether the department can anticipate movement in the future to have a class as significant as the 83rd recruitment class or would the department fall back to having just a few. AAC Perez stated that the department will not see a class as significant in size as the 83rd in the near future. He explained that the reason for having a large recruitment class was to fill the police officer vacancies. Vice Chair Iona asked if the anticipated retirement of certain officers would open up more vacancies causing a shift of positions. AAC Perez stated that although there are a number of officers who can retire this year, he cannot confirm how many would actually retire by the end of the year. Commissioner Francisco pointed out that as the department moves forward with the accreditation process it was important that the department have a skilled workforce in order to meet its benchmarks. He shared with the Commission that he was surprised to learn that the cost to train a candidate amounted to $80,000 which in essence equals to $1.6 million for a class of 20. He reminded the Commission that the taxpayers are the ones who are fronting the money and that it's the department as well as the Commission's responsibility to ensure that the vacancies are filled with skilled and qualified individuals. Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 5 SUBJECT DISCUSSION ACTION Commissioner Chiba asked whether the promotion process would open up the door for senior officers to automatically move up to the positions that are now vacated. AAC Perez informed Commissioner Chiba that the department has a selection process and the final decision is left to the Office of the Chief. He explained that the openings do not necessarily mean that it would automatically be filled because it depends on the situation and the needs within the department Chief Perry announced the following events: • Promotion of the following officers in the Kauai Police Department to the ranks of Lieutenants and Sergeants. Detective's Scott Brede and James A. Rodriguez will be promoted to the rank of Lieutenant. Officers Charles V. Dubocage, Jesse J. Guirao, Kennision L. Nagahisa, Colin Nesbitt, and Ray M. Takekawa to the rank of Sergeant. A Promotional Ceremony will be held today at 3:00 p.m. at the Kauai Community College Cafeteria. • Graduation Day for Drug Court participants will be held today at The Honorable Judge Randall Valenciano Chambers. Commissioners Francisco and Iona expressed their heartfelt thanks to the Police Department, members of the sub - committee and the staff of the Office of Boards and Commissions for their support in making the 2013 Police Commissioner's Conference a success. Communications KPC 2013 -07 Communication dated May 7, 2013 from Council Chair Jay Furfaro and Members of the Kauai Police Commission, as it relates to the operations of the Kauai Police Department. Attachment: Copy of a written testimony dated May 1, 2013 from Gary W. Rodrigues as it relates Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 6 SUBJECT DISCUSSION ACTION to the 2013 Kauai Police Department's budget. Chair O'Connor called for a motion to receive item KPC 2013 -07. Commissioner Chiba moved to receive item KPC 2013 -07 for the record. Commissioner Kanekoa seconded the motion. Motion carried 7:0 Business A KPC 2013 -08 public announcement for the following Police olice Commission notarized complaints that were filed against officers of the County was read into the record. ES -017: KPC 2013 -003: Complaint filed on March 13, 2013, alleges that the conduct of an unidentified officer was unprofessional by mistreating the complainant during an arrest. Based on the findings in the report, the Commission found there was insufficient evidence to prove the allegations and therefore the complaint was not sustained. The complaint has been forwarded to the Office of the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2013 -003. ES -018: KPC 2013 -004: Complaint filed on March 21, 2013 alleges that while trying to obtain a status report of a theft case, the complainant was told by the officer that there was no status report. Due to lack of cooperation, the complainant was compelled to go over the officer's jurisdiction and contacted his superior officer. Based on the findings in the report, the Commission found there was insufficient evidence to prove the allegations and therefore the complaint was not sustained. The complaint has been forwarded to the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2013 -004. Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 7 SUBJECT DISCUSSION ACTION ES -019: KPC 2013 -005: Complaint filed on April 1, 2013, alleges that an officer of the County failed to serve court documents to a defendant which resulted in a continuance of a court hearing that could have been avoided. Based on the findings in the report, the Commission found that there was insufficient evidence to prove the allegations and therefore the complaint was not sustained. The complaint has been forwarded to the Chief for further review and investigation if deemed necessary. This officially concluded the Commission's review of complaint KPC 2013- 005. Announcements • Next meeting is scheduled for June 28, 2013 at 9:00 a.m. in the Mo'ikeha Building, Meeting Room 2A/2B. Executive Session to follow. • The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1, 2013. This is one of our sustainability goals. Staff will provide chilled water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Executive At 9:33 a.m. Vice Chair Iona cited the Hawaii Revised Statutes to bring the Session meeting into Executive Session. ES -33: Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to the powers, duties, privileges, immunities, and liabilities as they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission (On- going) Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 8 SUBJECT DISCUSSION ACTION ES -020: Pursuant to Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to the powers, duties, privileges, immunities, and liabilities as they may relate to a communication dated May 2, 2013 from Deputy Chief of Police Michael Contrades to Chair James R. O'Connor and Members of the Kauai Police Commission, regarding a request to conduct an Investigation for Departmental Transparency. ES -021: Pursuant to Hawai'i Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (1 -4) and (b), the purpose of this Executive Session is to receive and approve the following Executive Session minutes 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 items, and to deliberate and take such actions deemed appropriate: • Regular Executive Session Meeting Minutes of April 26, 2013 Pursuant to Hawai'i Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or an officer or 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; 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 items, and to deliberate and take such actions deemed appropriate: Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 9 SUBJECT DISCUSSION ACTION ES -022: KPC 2013 -006: Complaint filed on April 16, 2013 alleges that the conduct of an officer of the County was unprofessional by unnecessary use of force. ES -023: KPC 2013 -007: Complaint filed on April 19, 2013 alleges a conflict of interest on the part of the officer who wrote the police report that involved the complainant and two of the officer's family members. ES -024: KPC 2013 -008: Complaint filed on April 22, 2013 alleges that an officer of the County was disrespectful, rude and failed to obtain the complainant's statement of what occurred. Chair O'Connor called for a motion to enter in Executive Session. Commissioner Kanekoa moved to enter into Executive Session. Commissioner Okami seconded the motion. Motion carried 7:0 At 9:36 a.m. the Commission entered into Executive Session. Return to Open Meeting reconvened in Open Session at 11:21 a.m. Commissioner Kanekoa moved to ratify the Session to ratify actions taken by the Commission in Executive the actions of the Chair O'Connor called for a motion to ratify the Commission's actions Session for items ES -033, ES -020 through ES- Police taken in Executive Session. 024. Commissioner Okami seconded the motion. Commission Motion carried 6:0 taken on ES -33: On -going Executive Session ES -020: The Commission acknowledged the receipt of item ES -020 for the record. ES -021: Motion to approve the meeting minutes of April 26, 2013, as circulated carried 7:0 Kauai Police Commission Regular Meeting - Open Session May 31, 2013 Page 10 SUBJECT DISCUSSION ACTION ES -022: KPC 2013 -006: Motion not to sustain the complaint carried 6:0 with one Commissioner excused. ES -023: KPC 2013 -007: Motion to sustain the complaint carried 6:0 with one Commissioner recused. ES -024: KPC 2013 -008: Motion not to sustain the complaint carried 6:0 with one Commissioner excused. Adjournment Chair O'Connor called for a motion to adjourn the meeting. Vice Chair Iona moved to adjourn the meeting. Commissioner Okami seconded the motion. Motion carried 7:0 At 11:21 a.m. the meeting was adjourned. Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on June 28, 2013. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair