Loading...
HomeMy WebLinkAbout11-22-13 KPC Open Session Minutes_approved 1m(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date November 22, 2013 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:00 a.m. End of Meeting: 10:48 a.m. Present Chair James R.O' Connor; Vice -Chair Charles C.C. Iona; Members: Bradley Chiba, Ernest Kanekoa Jr., Randal Francisco, Donald Okami Sr., and 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; Acting Captain Robert Gauesphol; Sergeant Rodrick Green; Officer Stacy Perreira. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of October 25, 2013. Commissioner Nebre moved to approve the Minutes minutes as circulated. Commissioner Okami seconded. Motion carried 7:0 Officer Officer Stacy Perreira was recognized for volunteering her grant- writing Recognition for experience to apply for the Department of Justice Cops Grant to hire more the month of officers to service the community. With her grant - writing knowledge, November talent and skills, Officer Perreira was able to draft an excellent grant application and points awarded for her submittal far exceeded those of the Honolulu Police Department and many mainland agencies. Because of her efforts the Kauai Police Department was awarded a grant in the amount of $750,000 to hire six (6) new police officers and create a new beat in the Kawaihau District. The Police Department will be going before the County Council to request an acceptance of the grant and approval for the matching funds. Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 2 SUBJECT DISCUSSION ACTION Chief of Police Darryl Perry presented Officer Perreira with a Certificate of Outstanding Service to the Community. Sergeant Rodrick Green was recently awarded with the Humanitarian of the Year Award by the Hanalei Rotary Club. Sergeant Green has been a tremendous asset to the Police Department and has been doing an outstanding job in the Community Relations section. His positive attitude excels him in any endeavor and his remarkable stride to build a stronger bond with the community speaks for itself. Sergeant Green has conducted numerous presentations on anti - bullying, elder abuse, senior scam prevention, crime prevention and have raised funds for various community charitable organizations on Kauai. Acting Lieutenant Robert Gausephol received the Top Cop Award for his leadership, hard work and diligence in the department's hiring process that lead to the largest recruit class in the department's history. A/C Gausephol also was recognized by his peers for being a humble man who would be the first to give credit to other members in his bureau. Chief Perry presented him with a plaque from the Police Chiefs of the Hawaii Law Enforcement Security Coalition for his heroic efforts and numerous accomplishments as a law enforcement officer. Chief's Monthly 1. Administrative, Techincal Services & Training Reports /Orders Reports 2. Fiscal Report 3. Investigative Service Bureau 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief's announcements included the following: • Attended the International Association of Chief of Police Conference in Philadelphia; • Community meeting for the new Adolescent Drug Treatment and Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 3 SUBJECT DISCUSSION ACTION Healing Center selection site at the Llhu`e Neighborhood Center; • Meeting with SHOPO to discuss labor relations • Award Program and Luncheon hosted by M.A.D.D. (Mothers against Drunk Driving). Kauai Toyota presented awards to the following officers who are supervised by Assistant Chief Alejandre Quibilan: Captain Richard Rosa and Lieutenant Jon Takamura; • An arrest and attempted murder charges of an individual who shot at police officers in the Kauai Police Department. The officers are fine and are currently receiving counseling; • Chief Perry thanked the County Council for their approval of the Crimetel Intelligence Sharing Program. Chair O'Connor mentioned that a week ago there was an article in the newspaper about the Kapa`a substation at the Kapa`a Armory that is being used temporarily by the police officers. He noted that he was not sure whether the public knew about it or not or if there were any updates to build a permanent substation. Deputy Chief Contrades stated that the department has secured a 60 year lease for a site located on Kawaihau Road in the vicinity of the Mahelona Hospital. He explained that studies are being conducted to assess user needs and where the best possible location would be. He thanked Mayor Carvalho, Keith Suga, and Doug Haigh for being instrumental in pushing the project forward. He mentioned that he met with Mary Cronin from the U.S. Department of Justice Cops Grant to discuss possible facility funding. Commissioner Francisco pointed out that the Kapa`a district is set to become the largest business district on the island but over the past few years, there has been an increase in crime in the area. He stated that he is looking forward to seeing the project come to life because that part of the island has had more than its share of crime which he believes needs to be Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 4 SUBJECT DISCUSSION ACTION resolved and that the people deserve to have a greater presence of law enforcement in the area. Chief Perry added that the six (6) new officers will be an additional beat in the Kawaihau District. He stated that the department did a 25 year forecast plan that would put into effect an additional eleven (11) beats. The plan was based on costs for services, population growth and officer safety on how far it takes the officer to travel. Chair O'Connor asked if the completion of the substation is part of the accreditation requirements. Deputy Chief Contrades said yes and explained that requirements for the new substation will be met. He commented that the ten (10) beat structure that began in 1989 is the same today and that the only increase is the 83 % increase in calls for service which is part of the reason for overtime. He voiced his concerns that the 83% increase with a zero percent increase in personnel poses concerns and liability issues. Commissioner Okami stated that the issue falls in line with the new Intel System that the department is getting and whether its international or domestic terrorism crime evolves and the only way to combat it is to stay ahead of the game and stay within the constitutional parameters. He stated that all of the key players need to take a serious look at the manpower structure because playing catch -up will not work and not in the community's favor. Commissioner Francisco commented that by increasing the police force we will need to parallel it with the training budget including other technologies and software to support the department's expansion. Vice Chair Iona expressed his concerns that the budget for the Patrol Services Bureau for the 1St Quarter shows an encumbrance of 72% which Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 5 SUBJECT DISCUSSION ACTION does not include the recent security that was provided for the County Council meetings. He suggested that the Commissioners work closely with the Chief during the department's budget review process so that it can make the necessary recommendations to help the Police Department get the funding it needs. Business KPC 2013 -23 the following public announcement for notarized complaint KPC 2013 -012 that was filed by a member of the public was read into the record by Chair O'Connor. Complaint filed on September 9, 2013 alleges conduct of a police officer was unbecoming when the officer demonstrated aggressive behavior towards the complaint. Based on its findings, the Commission found that there was insufficient evidence to prove the allegations and therefore, the complaint was not sustained. The complaint was forwarded to the Office of the Chief of Police for further review and investigation if deemed necessary. This concluded the Commission's review of complaint KPC 2013 -012. KPC 2013 -24 Discussion and decision - making on the Chief's gun and uniform cleaning allowance, standard of conduct allowance, and subsidized car allowance as set forth by the Salary Commission in Resolution 2013 -1. Deputy County Attorney Winn explained to the Commissioners that under the County Charter, the Salary Commission has the ability to set the maximum salary and that the Police Commission would determine what the Chief's actual salary would be without exceeding the maximum salary amount. She further explained that the Salary Commission has amended Salary Resolution No. 2012 -1 whereas, the Director of Finance testified that the Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 6 SUBJECT DISCUSSION ACTION Police Chief and the Deputy Police Chief are receiving the same uniform and gun allowances that are afforded to the police officers under the SHOPO collective bargaining agreement. In addition, the Resolution also states that the Salary Commission finds it appropriate for the Police Chief and the Deputy Police Chief to receive the same allowances as their bargaining unit employees. Deputy County Attorney Winn stated that since the Salary Commission has amended the resolution, the Police Commission will need to approve it and make it part of the Chief's compensation. Vice Chair Iona moved to accept the maximum allowable limits as suggested by the Salary Commission in Resolution 2013 -1 for the positions of the Chief of Police and Deputy Chief of Police. Deputy County Attorney Winn advised Vice Chair to revise his motion because the Police Commission only has the authority over the Chief of Police. Vice Chair Iona stated that he would like to rescind his motion and rephrase his motion based on Ms. Winn's advice. Vice Chair moved to accept the maximum limits along with the allowances stipulated in Resolution 2013 -1 relating to Article 5. Uniform and Gun Allowance for Police Chief, and Article 6. Standard of Conduct Compensation for police Chief. Commissioner Kanekoa seconded the motion. Motion carried 7:0 Announcements Next meeting — Friday, December 27, 2013 at 9:00 a.m. at the Mo'ikeha Buildin , Meeting Room 2A /2B followed by Executive Session. Executive At 9:53 a.m. Vice Chair Iona cited the Hawaii Revised Statutes to bring Session the meeting into Executive Session. Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 7 SUBJECT DISCUSSION ACTION 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 -042: Pursuant to 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 action deemed appropriate: • Regular Executive Session minutes of October 25, 2013 Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4) and (8), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or 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 these items, and to deliberate and take action deemed appropriate: Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 8 SUBJECT DISCUSSION ACTION ES -035: KPC 2013 -011 Complaint filed on 9/17/13 alleges that an officer of the County engaged in activities which infer that the complainant was engaged in criminal conduct. (Deferred on 10/25/13) ES -037: KPC 2013 -013 Complaint filed on 9/23/13 alleges that officers of the County conducted a body search and placed handcuffs on the complainant without probable cause. (Deferred on 10/25/13) ES -038: Discussion and decision - making on the 2013 Performance Evaluation for the Chief of Police. (On-going) ES -043: Email dated 11/12/13 from the Office of the Mayor to the Police Commission regarding a non - notarized complaint alleges that officers in Kauai Police Department knowingly arrested the complainant without just cause. ES -044: Communication dated 11/7/13 from Chief of Police Darryl Perry to County Attorney Alfred Castillo Jr. regarding a request for information relating to complaints that were filed with the Equal Employment Office Commission by officers in the Kauai Police Department. ES -045: Pursuant to Hawaii Revised Statues §92 -4 and §92 -5 (a) (2) (4), the purpose of this Executive Session is to consult with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties, p rivile es, immunities, and liabilities as it may relate to the Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 9 SUBJECT DISCUSSION ACTION evaluation of the Chief's where consideration of matters affecting privacy will be involved. Chair O'Connor called for a motion to enter into Executive Session. Commissioner Okami moved to enter in Executive Session. Commissioner Kanekoa seconded the motion. Motion carried 7:0 At 9:57 a.m. the Commission entered into Executive Session. Return to Open At 10:48 a.m. the Commission reconvened in Open Session. Commissioner Kanekoa moved to ratify the Session to ratify actions taken by the Police Commission in the actions taken Chair O'Connor called for a motion to ratify the actions taken in Executive Executive Session for the following items: in Executive Session. Session ES -33: On -going ES -042: Motion carried 7:0 approve the minutes as circulated. ES -035: KPC 2013 -013: Motion carried 7:0 not to sustain the complaint. ES -037: KPC 2013 -013: Motion carried 7:0 not to sustain the complaint. ES -038: Discussion and decision - making on the 2013 Performance Evaluation for the Chief of Police (On- going) Kauai Police Commission Regular Meeting - Open Session November 22, 2013 Page 10 SUBJECT DISCUSSION ACTION ES -043: Motion carried 7:0 to receive the communication dated 11/13/13 for the record. ES -044: Motion carried 7:0 to receive the communication dated 11/7/13 for the record. ES -045: No action necessary. Motion carried 7:0 Adjournment Commissioner Kanekoa moved to adjourn the meeting. Commissioner Okami seconded the motion. Motion carried 7:0 At 10:48 a.m. the meeting adjourned. Submitted by: Mercedes Youn, Staff Support Clerk (X ) Approved as circulated on December 27, 2013 ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair