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HomeMy WebLinkAbout042613_KPC Open Session approved Minutes 1mCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date I April 26, 2012 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:04 a.m. End of Meeting: 11:03 a.m. Present Chair James R. O'Connor; Vice -Chair Charles C.C. Iona; Members: Bradley Chiba, Ernest Kanekoa Jr., Alfredo Nebre Jr., Randall Francisco, Donald Okami Sr. Also present: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Chief of Police Darryl Perry; Assistant Chief's Roy Asher and Alejandre Quibilan; Lieutenant Dan Miyamoto; Acting Captain Randolph Chong Tim; Captain Sherwin Kaleo Perez; Detective James Miller Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:04 a.m. Approval of Regular meeting minutes of March 22, 2013 Vice -Chair Iona moved to approve the meeting Minutes minutes as circulated. Commissioner Nebre seconded the motion. Motion carried 7:0 Recognition Employee of the month for April: Detective James J. Miller Detective James Miller was recognized by Acting Captain Randolph Chong Tim for his leadership in the investigation of a murder that took place in December 2010. A/C Chong Tim stated that with no prior investigative experience, Detective Miller continued to work many long days and nights pushing for the truth while facing many obstacles. In March 2013, the jury found the defendant guilty of murder in the first - degree and now faces a life sentence. Chief Perry presented Detective Miller with a Certificate of Recognition for his outstanding and exemplary service as the lead investigator in a murder investigation that resulted in a guilty conviction of the defendant. Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 2 SUBJECT DISCUSSION ACTION Commendation There was three letters of commendations received involving four Report personnel in the Kauai Police Department. Ms. Fern Rosenstiel of Ohana O' Kauai wrote in appreciation for the assistance they received in response to questions and concerns in preparation for a demonstration in Poipu. Mr. and Mrs. Glenn Akina wrote in gratitude for the effort, comfort and support that was received during a difficult time. Ms. Stephanie Angignoli wrote commending Acting Captain Dan Miyamoto and Mr. Yamaguchi for their diligence and expediency in which they handled their request. 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 and policing traffic safety unit & district reports 6. Administrative Notice: 2013 -03 Bail Schedule 7. Personnel Order: 2013 -06 Transfer & Employment Separation 8. Chief's announcements & Pertinent Updates • Kauai Police Department's 411 Tip Program gives the public the opportunity to view where crimes are taking place and that they can submit the information directly to KPD via the website. In addition, KPD has a website where the public can report a suspicious activity in confidence. • For the month of April KPD will be enforcing its distracted driving campaign Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 3 SUBJECT DISCUSSION ACTION • The month of April is the campaign for the National Prescription Drug Take Back. The public is encouraged to drop of any illegal drugs or prescription drugs on Saturday, April 27th from 10:00 a.m. to 2:00 p.m. at the Kauai Police Department. Communications KPC 2013 -06 Copy of a communication dated March 19, 2013 from Council Jay Furfaro to County Attorney Alfred Castillo Jr., regarding a request for a status report as to the hiring of a Deputy County Attorney for the Kauai Police Department. Ms. Winn had the pleasure of introducing Nicholas Courson as the new Deputy County attorney assigned to the Police Department. Mr. Courson shared with the Commission that he was born in Waimea and raised in Kalaheo until the age of ten, he moved to the mid -west where he received his education at Michigan State University and John Marshall Law School in Chicago where he lived and worked for eight years before moving to Oahu in April 2012. Mr. Courson stated how excited he was to be working for the Kauai County Attorney's office and his assignment to KPD. Commissioner Francisco thanked Mr. Courson for being part of the team but mostly because he has chosen to return to Kauai which only affirms the message that with college education goals can be achieved. Vice -Chair Iona asked Mr. Courson whether his previous work experience in Chicago dealt with any type of law enforcement issues. Mr. Courson stated that he was involved in a different kind of practice that dealt with the government but from the private side. Chair O'Connor pointed that one of top priorities of the Chief is the on- going process for accreditation in the Kauai Police Department. He noted Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 4 SUBJECT DISCUSSION ACTION that the Police Commission fully supports the department's efforts and is anticipating his full support as well. Chair O'Connor called for a motion to receive item KPC 2013 -06 for the Vice -Chair Iona moved to receive item KPC record. 2013 -06. Commissioner Kanekoa seconded the motion. Motion carried 7:0 Business KPC 2012 -52 Discussion on the logistics of the State of Hawaii Police Commissioners Conference hosted by the Kauai Police Commission in May 2013. (On- going) Commissioner Francisco stated that forty participates is confirmed to attend the State conference in May. He indicated that at its last meeting, the subcommittee was working on finalizing the conference theme and once that was settled they would be able to pinpoint the individuals to lead certain discussions. Commissioner Francisco informed the Commission that he had suggested including in the program a panel consisting of Commissioners that have attended a NACOLE conference. He explained that the session would be an open discussion on the types of issues that each County Commissions as well as other Commissions across the country face within their respective police departments and how to effectively address them. Commissioner Francisco stated that the accommodations for conference are confirmed at the Aston Aloha Beach Hotel and that he was informed by Staff that for those Commissioners who wanted to stay at the hotel for the duration of the conference that their rooms would not be covered. Commissioner Francisco informed the Commissioner's that the subcommittee is working on obtaining gifts items for each of the Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 5 SUBJECT DISCUSSION ACTION conference attendees and that he had secured a sponsor to cover a portion of the cost for the welcome reception and will work on securing others sponsors as well. He indicated that most of the organizations that he had contacted felt especially challenged because there are eleven fundraisers taking place in May. He suggested that the Commission allocate a portion of the funds in the budget to cover the reception cost. Chair O'Connor stated that because of budgetary constraints everything has scaled down. He thanked Commissioner Francisco for the report noting that it was not an easy task. He indicated that there was a spot open for one more guest speaker and that they are working diligently to fill that spot as soon as possible. KPC 2013 -04 Review of the Kauai Police Department's policies and procedures. (On-going) Vice Chair Iona reported that the subcommittee held several meetings with Deputy Chief Contrades in reviewing the policies and procedures in the Kauai Police Department. He stated that with the on -going accreditation process it was found that the policies and procedures that is currently in place is within law enforcement industry standards and that there was nothing to alter from what the other departments are doing. He indicated that majority of the policies is based on the size of the police department and in reviewing the policies they seemed pretty solid. Vice Chair Iona stated that as the department continues with the accreditation process there maybe changes made to further what the requirements of CALEA would be but as of now, he doesn't see anything that would cause him to have grave concerns or expediency to change the current policies and procedures. Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 6 SUBJECT DISCUSSION ACTION Commissioner Francisco asked Chief Perry if he had additional comments to as it relates to the policies and procedures as the department continues to undergo the accreditation process. Chief Perry commented that he agrees with Vice Chair Iona that the policies and procedures are in sync with County standards and based on his preliminary research, CALEA has certain requirements in which the Kauai Police Department is within compliance but it's a matter of having it reviewed by Deputy County Attorney Courson before they can move forward. He also indicated that based on his research he does not see any issues concerning the department's policies and procedures in terms of EEOC, hostile work environment, and discrimination. Commissioner Francisco asked whether there is a cycle that occurs with the accreditation process and whether that would become a standard practice. Chief Perry stated that the practice is based on an as needed basis and prioritizing changes along the way because the law enforcement industry is fluid and always changing. He indicated that KPD does not have a set timeframe or a system in place to review old policies but is looking into installing a new program that would bring up red flags to indicate that a review is needed and should the industry standards change, the department would be notified by CALEA to review those changes and be reconfirmed by the Deputy County Attorney. Commissioner Francisco acknowledged and extended his appreciation to Chief Perry and members of his senior staff for their attendance at the Kauai Chamber of Commerce Annual Law Seminar last fall. He mentioned that the Chief's presence shows his commitment and desire to ensure (especially in the field of employment law) that the department is current with its affairs even while faced with continuous challenges. Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 7 SUBJECT DISCUSSION ACTION Vice Chair Iona commented that if all things were made in heaven the police department could put out as many policies as it needs to address every issue but when it comes to law enforcement one cannot anticipate how things will happen and as time goes by issues can be brought to the forefront which would call for old policies to be deleted and new policies added. But right now, everything seems to be pretty solid and that he could foresee changes taking place further down the road. Chair O'Connor stated that it is anticipated that the subcommittee will have to meet at least a few more times with the department on this matter so rather than having this as an on -going agenda item he's been advised by counsel that it would not be necessary to keep this as an on -going item and that the Commission could wait for the final report from the subcommittee and place it on the agenda as a new item. Announcements Next meeting is scheduled for Friday, May 31, 2013, at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A /2B. Executive Session to follow. Executive At 9:45 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 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 -013 Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (4) and §92 -9 (a) (1 -4) and (b), the purpose of this Executive Session is to receive and a rove the following Executive Session minutes ad to consult with the Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 8 SUBJECT DISCUSSION ACTION Commission's attorney 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 appropriate: Regular Meeting Executive Session Minutes of March 22, 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 officer or employee 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 -014: Quarterly Reports on the disposition of notarized complaints that was filed with the Police Commission from January to March 31, 2013. ES -015: Communication dated March 15, 2013 from Chief Darryl Perry to Chair James R. O'Connor, requesting that legal representation be provided for an officer of the County pursuant to Police Commission Rule 6 -1 (f), Relating to Request for Legal Representation. Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 9 SUBJECT DISCUSSION ACTION ES -016: Copy of a communication dated march 18, 2013 from William W. Hadley to Assistant Chief Roy Asher, requesting that the Kauai Police Department provide pertinent information as it relates to a report of theft to the Office of the Prosecuting Attorney. ES -017: KPC 2013 -003 Complaint filed on March 13, 2013 alleges that the conduct of an officer of the County was unprofessional by mistreating the complaint during an arrest. ES -018: KPC 2013 -004 Complaint dated on March 21, 2013 alleges that while trying to obtain a status report on a theft case an officer of the County told the complainant that there was no status to report. ES -019: KPC 2013 -005 Complaint filed April 1, 2013 alleges that an officer of the County failed to serve court documents to a defendant that resulted in a continuance of a court hearing that could have been avoided. Chair O'Connor called for a motion to enter into Executive Session. Commissioner Okami moved to take the meeting into Executive Session. Commissioner Kanekoa seconded the motion. Motion carried 7:0 At 9:50 a.m. the meeting entered into Executive Session. Return to Open At 11:03 a.m. the meeting reconvened in Open Session. Vice -Chair Iona moved to ratify the actions Session to ratify taken in Executive Session for item ES -33, ES- the actions taken Chair O'Connor called for a motion to ratify the actions taken by the 013 through ES -019. Commissioner Chiba in Executive Commission in Executive Session. seconded the motion. Session Motion carried 7:0 Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 10 SUBJECT DISCUSSION ACTION ES -33: (On- going) ES -013: Motion to approve the meeting minutes of March 22, 2013, as circulated. Motion carried 7:0 ES -014: Motion to receive the communication for the record carried 7:0 ES -015: Motion to approve and grant legal counsel for an Officer in the Kauai Police Department for Civil No. 13 -1 -0049. Motion carried 7:0 ES -016: Motion to refer the matter to the Office of the Chief of Police for further review and investigation if deemed necessary. Motion carried 7:0 ES- 017 - KPC 2013 -003: Motion not to sustain complaint No. KPC 2013 -003 carried 7:0 ES- 018 - KPC 2013 -004: Motion not to sustain complaint No. KPC- 2013 -004 carried 7:0 ES- 019 - KPC 2013 -005: Motion not to sustain com laint No. KPC 2013 -005 carried 7:0 Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Chiba moved to adjourn the meeting. Commissioner Okami seconded the motion. Kauai Police Commission Regular Meeting - Open Session April 26, 2013 Page 11 SUBJECT DISCUSSION ACTION Motion carried 7:0 At 11:03 a.m. the meeting was adjourned. Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on May 31, 2013 ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair