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HomeMy WebLinkAbout062813_KPC OPEN SESSION approved(bd)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date June 28, 2013 Location Mo'ikeha Building — Meeting Room 2AB Start of Meeting: 9:05 a.m. End of Meeting: 10:45 a.m. Present Chair James O'Connor; Vice -Chair Charles Iona; Members: Bradley Chiba and Ernest Kanekoa, Jr. Also present: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chiefs Roy Asher and Alejandre Quibilan; Lieutenant Dan Miyamoto; Sergeant Jesse Guirao; and Officers Dustin Broad, Bruce Nance and Troy Sakaguchi Excused Commissioners Randall Francisco, Donald Okami, Sr. and Alfredo Nebre, Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:05 a.m. He noted that there were three Commissioners excused with four remaining to constitute a quorum. Approval of Regular Open Session Minutes of May 31, 2013 Vice Chair Iona moved to approve the minutes Minutes as circulated. Commissioner Kanekoa seconded the motion. Motion carried 4:0 Employee Officers of the month for June, Dustin Broad, Bruce Nance and Troy Recognition Sakaguchi. Sergeant Jesse Guirao stated that on the morning of May 12, 2013, Officers Broad, Nance and Sakaguchi in a coordinated effort were able to apprehend two male subjects responsible for the theft of copper from businesses in the Lihue area; in addition the arrest led to more charges for drug possession and drug paraphernalia. Sergeant Guirao commended all three officers for their dedication and exemplary service in keeping the community safe. Chief Perry presented all three officers with a Certificate in recognition for their outstanding and exemplary service and commitment to the Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 2 SUBJECT DISCUSSION ACTION community. He commended the officers for their joint efforts and keen observation which led to the arrest of the suspects and subsequently executing a search warrant for their vehicle that resulted in the recovery of drugs and drug paraphernalia. Commendation There were two letters of commendation and thanks received involving two Report personnel in the Kauai Police Department. Assistant Special Agent Robin Decker of the Drug Enforcement Association/Honolulu District Office wrote to commend and extend personal gratitude to Officer Eric Caspillo for his unselfish assistance and support during the Take Back Initiative campaign. United States Marshal Gervin Miyamoto, District of Hawai'i, wrote to commend Officer Paris Resinto for his outstanding dedication in assisting both the Marshals and Maui Police Department with the recent Warrants campaign. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Orders Reports 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services & Traffic Reports 5. Community Oriented Policing Traffic Safety Unit and District Reports 6. Personnel Orders 7. Chief's announcements and pertinent updates • Chief Perry announced the graduation ceremony for the 83rd Police Recruit Class at 3:00 p.m. on Friday, July 12, 2013, at the Kauai War Memorial Convention Hall. • 84th Police Recruit Class has five members • Investigation and interviews are on-going regarding the Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 3 SUBJECT DISCUSSION ACTION incident at the Polihale State Park. • Work continues to fix the Flagpole at the Department • Chief Perry attended the adolescent treatment and healing facility meeting at the Lihue Neighborhood Center Commissioner Chiba commented on the incident at the Polihale State Park. He encouraged the public to call the hotline that has been setup to report what they saw and not what they heard and that all calls will remain anonymous. While the investigation continues he asked the public to refrain from making comments about the Westside police officers being corrupt because these officers are out there, along with every other officer on the island, doing the job that they were sworn to do. He humbly asked the reporters from the Garden Island Newspaper to take the time to do the research to get the facts because he does not want inaccurate reporting to s lit the community apart because there are always two sides to a story. Business KPC 2013 -09 Invitation to the 2013 Hawaii State Law Enforcement Officials Association held on the island of Oahu at the Ala Moana Hotel on August 28 and 29, 2013. Vice Chair Iona commented that although he understands that there is a shortfall in the budget he felt that it was important to show good presence at the conference. He pointed out that at the 2012 HSLOEA conference none of the Honolulu Police Commissioners attended and that he does not want this Commission to be seen in that same light. He suggested that the Commission look into finding other ways on how to get the funds to allow more Commissioners to attend because he would like to show good presence; especially since a portion of the conference will be held at the Io'lani Place. Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 4 SUBJECT DISCUSSION ACTION KPC 2013 -10 Public announcements for the following Police Commission notarized complaints that were filed against officers of the County. ES -022: KPC 2013 -006: Complaint filed on April 16, 2013, alleges unnecessary action and roughness by an officer of the County. Based on its findings, the Commission found that there was insufficient evidence to prove the allegations of the complaint 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 -006. ES -023: KPC 2013 -007: Complaint filed on April 19, 2013, alleges a conflict of interest when an officer of the County wrote the police report for a two car accident that involved two members of his family. Based on its findings, the Commission found that there was sufficient information to prove the allegations and therefore, the complaint was sustained. The complaint has been forwarded to the Office of the Chief for further review and investigation if deemed necessary. ES -024: KPC 2013 -008: Complaint filed on April 22, 2013, alleges that an officer of the County was disrespectful and rude and failed to obtain the complainant's statement of what had occurred. Based on its findings, the Commission found that there was insufficient information 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 -008. Executive At 9:25 a.m. Vice Chair Iona cited the Hawaii Revised Statutes to bring the Session meeting into Executive Session. Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 5 SUBJECT DISCUSSION ACTION ES -33: Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the purpose of the 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) ES -025: Pursuant to the Hawaii 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 this item, and to deliberate and take such actions deemed necessary: • Executive Session meeting minutes of May 31, 2013 Pursuant to Hawaii 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 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 this item, and to deliberate and take such actions deemed necessary: ES -026: KPC 2013 -009: Complaint filed on May 30, 2013, alleges that the conduct of an officer of the County was unprofessional by harassing and making threats to the complainant. Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 6 SUBJECT DISCUSSION ACTION Chair O'Connor called for a motion to enter into Executive Session. Vice Chair Iona moved to enter into Executive Session. Commissioner Chiba seconded the motion. Motion carried 4:0 At 9:27 a.m. the Commission entered into Executive Session. Return to Open At 10:06 a.m. the meeting reconvened in Open Session. Session to ratify the actions taken Chair O'Connor stated that before he calls for a motion to adjourn the in Executive meeting, he suggested that the Commission continue its discussion on item Session KPC 2013 -09. He stated that due to the budget constraints only two members of the Police Commission can attend this year's HSLEOA conference on Oahu. He reminded the commissioners that it is imperative to select the two individuals today before the July 2nd deadline. He indicated that if others wanted to attend they would have to pay for the entire cost. Chair O'Connor stated that he felt that the Vice Chair should attend the conference. Vice Chair Iona stated that he had no problem in picking up his own tab because he would like to see more commissioners attend the conference. Commissioner Kanekoa said that he would like to attend and wondered if there was a way to transfer funds from another line item to cover the registration fees. Vice Chair Iona stated that the budget cuts came directly from the Administration through the Chief. Commissioner Kanekoa stated that as a former hotel General Manager it is normal to cover a shortfall in an account by transferring the funds from another account to cover the shortfall. Commissioner Chiba said it all comes to identifying which account has enough money to cover the shortfall but in this case time is running out because July 2nd is right around the corner. Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 7 SUBJECT DISCUSSION ACTION Vice Chair Iona suggested that the Chair through the Office of Boards and Commissions make a request to Chief Perry to see if there are funds available in the budget that could be utilized to cover the registration fees for the other three Commissioners. Commissioner Chiba said that it might be difficult because it's early in the new fiscal year. Staff asked who the other Commissioners that would like to attend the conference are. Vice Chair Iona said Commissioners Nebre and Kanekoa for sure. Commissioner Chiba stated that he would like to go but is unsure at this time whether he can attend the conference because of a prior commitment. Chair O'Connor stated that he would be willing to pay for his airfare if it meant opening up another slot for another Commissioner to attend. Vice Chair Iona stated that the request should include that the Commissioners are willing to cover their airfare and room expenses but not the registration fees. Staff acknowledged the Commission's request to send an inquiry to the Chief to see if it was possible to identify funds in the budget to cover the registration fees for the other three Commissioners to attend the conference. Chair O'Connor called for a motion to that effect. Chair O'Connor confirmed that the Chair and Vice Chair will be attending the 2013 HSLEOA Conference on Oahu. Vice Chair Iona moved to have Staff send an inquiry to Chief Perry to see if funds are available in the budget to cover the registration fees for the three Commissioners to attend the conference. Commissioner Kanekoa seconded the motion Motion carried 4:0 Kauai Police Commission Regular Meeting - Open Session June 28, 2013 Page 8 SUBJECT DISCUSSION ACTION Chair O'Connor called for a motion to ratify the actions taken in Executive Commissioner Kanekoa moved to ratify the Session for items ES -33 and ES -025 and ES -026. actions taken in Executive Session for items ES- 33, ES -025 and ES -026. Commissioner Chiba seconded the motion. Motion Carried 4:0. ES -33: On -going ES -025: Motion carried 4:0 to approve the minutes of May 32, 2013, as circulated ES -026: KPC 2013 -009: Motion carried 4:0 not to sustain the complaint. Adjournment Commissioner Kanekoa moved to adjourn the meeting. Vice Chair Iona seconded the motion. Motion carried 4:0 At 10:45 a.m. the meeting was adjourned. Submitted by: Mercedes Youn, Staff Support Clerk ( X) Approved as circulated on July 26, 2013 ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James O'Connor, Chair