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HomeMy WebLinkAbout032213_KPC_Open Session_Approved_1m(cz)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: I KAUAI POLICE COMMISSION Meeting Date March 22, 2013 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:00 a.m. End of Meeting: 11:11 a.m. Present Chair James R. O'Connor; Members: Bradley Chiba; Ernest Kanekoa, Jr.; Randall Francisco; Alfredo Nebre, Jr. Also present: Deputy County Attorney Jennifer Winn; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chiefs Roy Asher and Alejandre Quibilan; Lieutenant Trent Shimabukuro; Officers Anthony Abalos and Whitman McCallum; Mayor Bernard P. Carvalho Jr.; Managing Director Gary Heu; Budget and Purchasing Director Ernest Barreira Excused Commissioners Charles C.C. Iona and Donald Okami, Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:03 a.m. Approval of • Special Open Session Meeting Minutes of February 11, 2013 Minutes . Regular Open Session Minutes of February 22, 2013 Commissioner Kanekoa moved to Chair O'Connor called for a motion to approve both meeting minutes, as approve the meeting minutes of circulated. February 11th and 22nd, as circulated. Commissioner Nebre seconded. The motion carried 5:0 Budget Mayor Carvalho's presentation on the 2014 Fiscal Year budget was to provide the Presentation by Police Commission with a glimpse of some of the areas that needed to be Mayor Bernard scrutinized prior to submitting the proposed budget to the County Council on P. Carvalho, Jr. March 15th. He thanked the Commissioners for their hard work as citizen for FY 2013 -14 volunteers and indicated that emphasis was placed on how to best continue support for the men and women in the Kaua'i Police Department under the leadership of Police Chief Darryl Perry and Deputy Police Chief Michael Contrades despite the fiscal challenges. Mayor Carvalho stated that due to the fiscal challenges, discussions began early in September 2012 in order to lay the foundation to meet the requirements of the Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 2 SUBJECT DISCUSSION ACTION Kaua'i County Charter before presenting a proposal of the FY 2014 Budget to the County Council. He shared with the Commission that a team had been assembled that consisted of two Budget Analysts and both the Finance and Budget Directors, all who have worked diligently, internally, to find the best options on how to do more with less and find other opportunities to address the impacts of the economic downturn which began in 2009. Mr. Barreira stated that in preparing for the FY 2014 budget submittal, both the Finance Department and the budget team worked collaboratively with all of the County's departments in order to gain a clear understanding of the core services offered by those departments and how they could go about reducing expenditures without impairing the departments' abilities to meet the various demands for services that are placed upon them. Rather than making unilateral budget cuts, each department was analyzed individually and if expenditures and deductions were deemed warranted, it became the responsibility of the department head and not the budget team to make those reduction decisions. Mr. Barreira informed the Commissioners that in the past Kaua'i County has submitted budgets that have (at the close of the fiscal year) shown budgeted expenditures actually exceeding spending. He stated that during the economic downturn Kaua'i County has been able to weather the storm by utilizing its unassigned fund balance surplus that has accumulated over prior fiscal years to balance the last 3 years' budgets. Mr. Barriera stated that the practice of using the surplus rather than raising taxes to balance the budget has kept the County solid and reduced unnecessary burden to the taxpayers. However, the County no longer has a large unassigned surplus and the proposed budget for FY 2014 has exceeded what was currently projected for FY 2014 revenues. To address this imbalance the budget team focused their analysis on actual historical spending over fiscal years 2010 through 2012; this was done to assess what the fiscal year 2014 budget targets would be. Before considering any revenue Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 3 SUBJECT DISCUSSION ACTION enhancements, it was crucial to make sure that spending was under control and that each department's budget was a reflection of what was likely to be spent. Mr. Barreira indicated that each administrative department was asked to reduce non - essential travel as well as instituting a hiring freeze for vacant positions unless duly justified. He stated that these measures were critical for rolling into FY 2014 budget process and that the initial budget submittals for FY 2014 did not seem to deviate from past practices, which called for a second budget submittal in which all department heads were given a budget target amount based on their actual expenditures in FY 2012 plus ten percent to account for inflationary allowances. Mr. Barreira stated that the position openings that will occur in FY 2014 will have a required six months recruitment life. Reducing the FY 2014 budget to a level that would more closely mirror actual anticipated expenditures was an important step in submitting this year's balanced budget. In spite of all of these measures that were implored, the gap between the budgeted expenditures and the forecast revenues cannot be bridged with cost cutting measures alone; at least, not without a significant impact on the level of County services or a significant reduction in staffing. Mr. Barreira informed the Commissioners that on the legislative front there are numerous Bills circulating between the State House and the State Senate, one of which is an attempt to alter the Transient Accommodation Tax agreement between the State and the Counties and that proposal is to take one half of that revenue. While the Counties are fighting to retain its share of these monies there are no assurances that the Counties would prevail. Currently, the revenue from the TAT represents the County's second largest source of revenue at slightly over 13.4 million dollars each year. Collective Bargaining also looms in the very near future as all of the unions serving the County have already begun their negotiations. Without having any greater details of possible pay raises changes to employees' fringe benefits or the period of Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 4 SUBJECT DISCUSSION ACTION time the agreement may cover, it is difficult to quantify the potential financial impact to the County. Mr. Barriera stated that in the initial creation of the Budget team, the Mayor had a vision, which was to bring together qualified experts in the field of finance and government management and analysis to ensure that the budget process was driven by actual analysis and evaluation as opposed to assumptions that perhaps could not be factored on real numbers and real analysis. The budget process this year has been a collaborative effort in order to provide excellent service to the men and women in the County and most importantly the public that we serve. Mr. Heu stated that he didn't have any prepared remarks just some observations on this year's budget process relative to what he has seen in the past. He indicated that this was probably the ugliest budget that he has ever been a part of in terms of having to go to each department head to ask that they do their due diligence in submitting a departmental budget that truly reflect their exact expenditures. He stated that this move is a paradigm shift in terms of how the County has approached budgeting in the past. He explained that in past practices the previous year's budget was used as a base line with no more than a 2 percent increase or a 5 percent reduction. He further explained that this year the analysis was based on looking at the past three years of actual spending of each department and by going through some iterations, the administration felt that the numbers were appropriate with an understanding that within the course of the year the administration would probably have to go before Council to request for more funding. He shared with the Commission that a lot of the departments have expressed their willingness to honor the request although they were weary of cutting the numbers too close and that they may have to come back next year to make a request for additional funding. Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 5 SUBJECT DISCUSSION ACTION Commissioner Francisco asked what was the formula used in arriving at a calculus of 10 percent inflation as opposed to what is normally a 2 to 3 percent rate by the Hawai'i Council of Economists. Mr. Barreira stated that in conducting the three year analysis and in reviewing the actual spending patterns, it was originally proposed at 5 percent; however, the department heads felt that the proposed cut would be substantial in not only services being lost but potential personnel being lost as well. Therefore, a decision was reached to propose a 10 percent cut, which appeared to be a fair number, in order to give the department heads some flexibility to meet their mission to the public. Commissioner Francisco asked whether the inflation rate reflected the 3 previous years as an average or was a new model used. Mr. Barreira explained that the budget team has decided to go with a newer model however, it still needs some fine tuning and that the real measurement would be seen in the FY 2014 analysis, which would be conducted at the end of the next fiscal year. Commissioner Francisco stated that with the recent KPD recruitment the Council members have expressed their satisfaction however, as a reminder we must always align mission to budget and budget to reality. He expressed his continued support for Chief Perry and applauds both the Administration and the Council for their excellent deliberations that were both respectful and mindful. Commissioner Kanekoa expressed his appreciation to Chief Perry and his staff along with the Administration for their bold initiatives that were difficult but necessary, as they continue to address the impacts of the economic downturn. Additionally, Commissioner Kanekoa asked with the mid -year surplus, does Administration reforecast the budget and make the necessary changes at that time. Mr. Barreira stated that essentially the surplus at the end of this fiscal year will not Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 6 SUBJECT DISCUSSION ACTION be certified or useable until the Comprehensive Annual Report is completed and an external audit is defined, which does not happen until mid - December. Commissioner Francisco asked why it takes six months after the budget session ends to receive the surplus and if there is a way to expedite the process to cut the wait period from 6 months to 3 months. Mr. Barreira stated that the issue lies with the accountants and that he is unsure on the amount of time that could be chopped off. Chair O'Connor indicated that the Police Department clearly understands the need to reduce its budget but one must keep in mind that their commitment lies with the public, which is to protect and serve and ensure the community's health and welfare. Recognition Employees for the month of March: Officers Anthony Abalos, Whitman McCallum, and George Laccone. Lihue District Lieutenant Trent Shimabukuro recognized Officer McCallum for being instrumental in the apprehension and arrest of a suspect that was involved in an alleged assault. The investigation revealed that the subject had indeed committed the offense of third degree assault of a household family member. In addition, the suspect was charged with possession of an illegal weapon, drug paraphernalia, and methamphetamine which was found in the suspect's vehicle. Officer Anthony Abalos was recognized for his work during a routine traffic stop, when he noticed marijuana in a vehicle. Upon further investigation the suspect was also charged with possession of an illegal weapon, ammunition, drug paraphernalia, and methamphetamine and was subsequently arrested. Chief of Police Darryl Perry presented both of the officers with a Certificate of Recognition for their outstanding and exemplary service in the community. Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 7 SUBJECT DISCUSSION ACTION *File note — Officer George Laccone was not present at today's meeting due to an injury. Commendation There were three letters of commendation received involving eleven (11) personnel Report in the Kaua'i Police Department. Mr. Michael Iacolucci wrote in appreciation for the assistance he received by Officer Kennison Nagahisa, Eunice Apeles, and Kristal Nebre in the recovery of his personal property. Ms. Veronica Pardee commended both Acting Captain Dan Miyamoto and Ms. Kristin Long for coordinating the return of her lost wallet which she was able to retrieve prior to leaving the island. Deputy Chief of Police Michael Contrades commended Lt. Robert Gausepohl, Sgt. Roderick Green, Officers Gilbert Asuncion, Russell Himongala and Dustin Broad, and Patrol Services Senior Clerk Michael Lane, who along with himself volunteered in assisting in the Fun Run to raise funds for Baby Pa'a Lee. 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 Report Traffic Safety Unit 6. Community Oriented Policing District Reports 7. Personnel Order: 2013 -03 New Hire 8. Chief Announcements & Pertinent Updates Chief's announcements • Chief Perry addressed questions raised by the community as it relates to the crime mapping tip 411 initiative. He indicated that the crime mapping can be found on the County's website www.kauai.gov /police and that the Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 8 SUBJECT DISCUSSION ACTION information can be easily accessed by simply typing in the specific date and location in the appropriate blocks. • SRO Officers Barry DeBlake and Mark Stulpe attended a three (3) day Under Age Drinking Conference that was held on Oahu. The conference was sponsored by the Hawaii Cancer Research Center and the Pacific Institute of Research and evaluation. • Chief Perry shared with the Commission on how difficult and dangerous the job of a police officer can be. Last night, an individual who was detained in the cellblock attacked and bit an officer on his back and left hand, the other officer sustained hits to his head. Both officers were treated and released and are fine. • The recent purchase of new vehicles to replace the old vehicles with over 100,000 miles. • Good news for the North shore community, the Kaua'i Police Department arrested the juvenile who was instrumental in creating havoc out in the North shore by burglarizing and other mischievous activities. • Chief Perry extended his gratitude to the numerous individuals who participated in the GMO demonstration in Poipu in helping to make things run smoothly by conducting themselves in a professional manner. • Chief Perry thanked the Office of the Prosecuting Attorney and officers of the Kaua'i Police Department for their hard work and diligence which led to the conviction of Vicente Hilario. He also acknowledged former Prosecutor Shaylene Iseri- Carvalho, First Deputy Prosecutor Jake Delaphane and retired Officer Dan Fort who were there from the beginning. Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 9 SUBJECT DISCUSSION ACTION • The arrest of the individual who posted himself on YouTube while drinking and driving. • KPD Traffic Safety Unit Officers Shawn Hanna, Hansen Hsu, Mamie Fernandez, and Rolland Peahu under the leadership of Lt. Jon Takamura and Sgt. Jason Overmyer were recognized by MADD (Mother's Against Drunk Driving) Organization for their diligence in arresting individuals driving while under the influence of alcohol. • Chief Perry expressed his heartfelt sympathy to the family of Scotty Akina who went missing during an outing and was presumed lost. Sympathies were also extended to the families of former Police Commissioner Rowena Tachibana and former KPD Lt. Gary Matsumura both who had recently passed. Lastly, Chief Perry acknowledged the family of Jill Garnett who was involved in a traffic fatality. Commissioner Francisco thanked Chief Perry and his entire team for staying on top of things despite the fact that it has been very difficult for the whole community. He indicated that he looks forward to the next quarter, hopefully without any major incidents, and he thanked the men and women of the Kauai Police Department who remained steadfast and focused in light of the recent tragedies. Commissioner Francisco shared with the Commissioners that the Kauai Chamber of Commerce has completed its first Centennial Public Policy Forum on health. He indicated that he would like to invite the Kaua'i Police Department and the Office of the Prosecuting Attorney to its next public forum to focus on crime. Business KPC 2012 -52 Discussion on the logistics of the State of Hawaii Police Commissioners Conference hosted by the Kaua'i Police Commission in Ma 2y 013• On- oin Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 10 SUBJECT DISCUSSION ACTION Chair O'Connor informed the Commissioners that a total of thirty -eight (38) attendees have indicated their interest in attending the conference. He added that the sub - committee has received three hotel (3) proposals; however, one of the vendors has indicated a conflict in the dates and had to pull out. Chair O'Connor mentioned that they are still working on the list of potential guest speakers as well as a conference theme. He reminded the Commissioners that the conference is self sustaining and all registration fees will cover the meals as well as everything else affiliated with the conference. Commissioner Kanekoa mentioned that he would like to provide some suggestions on the theme but needed the weekend to think about it. He indicated that he would contact the members of the sub - committee via email with his suggestions. Commissioner Francisco mentioned that the Commission might want to get an update on certain legislative issues which have the potential to affect all the Police Departments throughout the State in their daily operations. Chief Perry agreed with Commissioner Francisco that there are certain issues being discussed at the legislative level that have the potential to affect the operations of the Police Departments. He indicated that the Police Departments are facing significant challenges with the legislators as it relates to Senate Bill 472, the de- criminalization of marijuana. He suggested that the Commission invite Mr. Keith Kamita to the conference to provide his insight about the issue. Chair O'Connor agreed. Commissioner Kanekoa moved to ratify all present and future actions taken by Chair O'Connor called for a motion to ratify all present actions taken by the the sub - committee in order to move subcommittee as well as future actions as it relates to all aspects of the conference. forward with the conference. Commissioner Chiba seconded the motion. Motion carried 5:0 Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 11 SUBJECT DISCUSSION ACTION KPC 2013 -03 Public announcement for the following Police Commission notarized complaint that was filed against an officer of the County. Complaint filed on January 22, 2013, alleged that the conduct of an officer of the County was unprofessional by use of excessive force and destruction of evidence. Based on the nature of the allegations contained in the complaint, the Commission has determined to refer the complaint to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2013 -002. KPC 2013 -04 Review of the Kaua'i Police Department's policies and procedures. On-going) Commissioner Kanekoa reported that both he and Vice -Chair Iona met with Deputy Chief of Police Michael Contrades to go over the policy and procedures. He indicated that another meeting has been set sometime next week to continue discussions on Workplace Violence and EEOC complaints. Chair O'Connor stated that he expects a report at the next meeting. Announcements Next meeting — Friday, April 26, 2013, at 9:00 a.m. in the Mo'ikeha Building Meeting Room 2A/2B followed by Executive Session. Executive At 10:15 a.m. Commissioner Chiba cited the Hawai'i Revised Statutes to bring the Session meeting into Executive Session. ES -33: Pursuant to the Hawai'i 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 Minutes - Open Session March 22, 2013 Page 12 SUBJECT DISCUSSION ACTION ES -010: Pursuant to the Hawai'i Revised Statutes 02 -4 and §92 -5 (a) 4), §92 -9 Commissioner Kanekoa moved to enter into Executive Session. Commissioner Nebre seconded the motion. The motion carried 5:0 At 10:17 a.m. the Commission entered into Executive Session (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 Count 'spowers, duties, privileges, immunities, and/or liabilities as they may relate to these items, and to deliberate and take such actions deemed appropriate: • Special Executive Session Meeting Minutes of February 11, 2013 • Regular Executive Session Meeting Minutes of February 22, 2013 Pursuant to the Hawai'i 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 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. The further purpose of this Executive Session is for the Commission to consult with its legal counsel on issues pertaining to o the Commission's and the Count 'spowers, duties, privileges, immunities, and /or liabilities as they may relate to these items, and to deliberate and take such actions deemed appropriate: • ES -011: Copy of a communication dated 2/17/13 from Gary W. Rodrigues to Chief of Police Darryl D. Perm • ES -012: Communication dated 2/20/13 to Chair James R. O'Connor as it relates to previous complaint KPC 2012 -28. Chair O'Connor called for a motion to bring the meeting into Executive Session. Kauai Police Commission Regular Meeting Minutes - Open Session March 22, 2013 Page 13 SUBJECT DISCUSSION ACTION Return to Open At 11:11 a.m. the Commission reconvened in Open Session Commissioner Kanekoa moved to ratify Session to ratify the actions taken by the Police the actions taken Chair O'Connor called for a motion to ratify the actions taken in Executive Session Commission for items ES -33, and ES- in Executive for items ES -33, and ES -010 through ES -012. 010 through ES -012. Session ES -33: (On- going) ES -010: Motion to approve the meeting minutes of February 11th and 22nd, as circulated carried 5:0 ES -011: Motion to receive item ES -011 for the record carried 5:0 ES -012: Motion to receive item ES -012 for the record carried 5:0 Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn. Commissioner Francisco seconded. The motion carried 5:0 At 11:11 a.m. the meeting adjourned. Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on April 26, 2013. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair