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Home My WebLink About072613 KPC Open Session Approved Minutes_bd_ttCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date July 26, 2013 Location Mo'ikeha Building — Meeting Room 2AB Start of Meeting: 9:02 a.m. End of Meeting: 10:15 a.m. Present Chair James R. O'Connor; Members: Bradley Chiba, Ernest Kanekoa, Jr., Donald Okami, Sr., Alfredo Nebre, 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; Acting Captain Dan Miyamoto; Acting Assistant Captain Sherwin Kaleo Perez; Lieutenant Paul Applegate Excused Commissioners Charles Iona and Randall Francisco Absent SUBJECT DISCUSSION ACTION Call To Order Chair called the meeting to order at 9:02 a.m. Approval of Regular Open Session Minutes of June 28, 2013 Commissioner Okami moved to approve the Minutes minutes as circulated. Commissioner Nebre seconded the motion. Motion carried 5:0 Employee Recognition Officer of the month for July: Officer Michael Nii, Jr. Chair O'Connor called for a motion to defer this item to the meeting in Commissioner Okami moved to defer this item August. He noted that Officer Nii was unable to attend the meeting due to to the meeting in August. Commissioner Chiba his recently assigned work commitments. seconded the motion. Motion carried 5:0 Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Page 2 SUBJECT DISCUSSION ACTION Commendation There was one letter of commendation and thanks received involving three Report personnel in the Kauai Police Department. Ms. Pam Dohrman wrote to express her sincere gratitude to Acting Lt. Bryson Ponce, Detectives Kenneth Cummings and Shane Sokei for their expertise and support that they extended to her family during the search for her in Kokee. Chief's 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 and District Reports 6. Personnel orders 7. Chief's announcements and pertinent updates • Chief Perry announced that he had an opportunity to accompany Hawaii County Police Chief Harry Kubojiri, Maui Police Chief Gary Yabuta and HIDTA (Hawaii High Intensity Drug Trafficking Agency) Director Larry Burnett to Washington D.C. to speak to the Hawaii Delegation in an effort to prevent federal funding from being cut to local counties. He explained that HIDTA helps Federal, State, and local law enforcement agencies by sharing intelligence and resources to help execute effective enforcement operations in areas that has been determined to be significant for illegal drug production, manufacturing, importation, or distribution. • Orientation will be held today for KPD's newest chaplains Thomas Contrades, Kevin Cram, Steven Franks, Alpha Goto and former Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Page 3 SUBJECT DISCUSSION ACTION Police Commissioner Thomas Iannucci. • Chief Perry announced the retirement of Acting Captain Dan Miyamoto. A/C Miyamoto was hired on January 5, 1987, and has been with the police department for 26 years. A Certificate of Service was presented to A/C Miyamoto for his commitment and his years of dedicated service to the people of Kauai. A/C Mi amoto's last day of work will commence on July 31, 2013. Communication KPC 2013 -11 Communication dated July 9, 2013, from Big Island Police Commission Chair Leroy J. Victorine to Chair James R. O'Connor, thanking the Kauai Police Commission for hosting the 2013 State of Hawaii Police Commissioners Conference. Chair O'Connor called for a motion to receive item KPC 2013 -11. Commissioner Chiba moved to receive item KPC 2013 -11 for the record. Commissioner Okami seconded the motion. Motion carried 5:0 Business KPC 2013 -12 Public announcement for the following Police Commission notarized complaint that was filed against an officer of the County ES -026: KPC 2013 -009 Complaint filed on May 30, 2013, alleges that an officer of the County harassed and made threatening remarks to the complainant. Based on its findings, the Commission found that the officer was acting within normal procedures and the complaint was not sustained. The complaint was 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 -009. Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Page 4 SUBJECT DISCUSSION ACTION Announcements Next meeting: Friday, August 23, 2013, at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A /2B, followed by Executive Session. Executive At 9:16 a.m. Commissioner Kanekoa cited the Hawaii Revised Statutes to Session bring the 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) ES -027: 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 Meeting Executive Session Minutes of June 28, 2013 ES -028: Pursuant to Hawaii Revised Statutes §92 -4 and §92 -5 (a) (2) and (4), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or officer of the County relating to a com laint filed against the employee or officer and to consult with the Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Page 5 SUBJECT DISCUSSION ACTION 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 action taken, resolution or further steps required concerning a Report of Investigation on Issues in the Kauai Police Department for the County of Kauai dated June 28, 2012. 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: ES -029: Quarterly Reports from Chief Darryl Perry to Chair James O'Connor on the Disposition of notarized public complaints KPC 2013 -01 through KPC 2013 -010. ES -030: KPC 2013 -010 Complaint filed on June 24, 2013 alleges that an officer of the County has been disregarding the law and refused to accept the discharge of sureties as required by HRS Sections 804 -14 and 804 -41. Commissioner Chiba moved to enter into Executive Session. Commissioner Okami Chair O'Connor called for a motion to enter into Executive Session. seconded the motion. Motion carried 5:0 Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Page 6 SUBJECT DISCUSSION ACTION Return to Open The Commission reconvened in Open Session at 10:15 a.m. Commissioner Okami moved to ratify the Session to ratify Chair O'Connor called for a motion to ratify the actions taken in Executive Commission's actions taken in Executive the actions taken Session. Session for items: ES -33, ES -027 through ES- in Executive 030. Session ES -33. On -going ES -027: Motion carried 5:0 to approve the Executive Session meeting minutes as circulated. ES:028: Verbal report; no action taken ES -029: Motion carried 5:0 to received item ES -029 for the record. ES -030: KPC 2013 -010: Motion carried 5:0 not to sustain the complaint. Adjournment Commissioner Okami moved to adjourn the meeting. Commissioner Kanekoa seconded the motion. Motion carried 5:0 At 10:15 a.m. the meeting was adjourned. Kauai Police Commission Regular Meeting - Open Session July 26, 2013 Submitted by: Mercedes Youn, Staff Support Clerk ( X) Approved as circulated on August 23, 2013 ( ) Approved as amended. See minutes of Page 7 meeting. Reviewed and Approved by: James R. O'Connor, Chair