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HomeMy WebLinkAbout022213_KPC_OPEN SESSION Minutes_Approved(cz)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: I KAUAI POLICE COMMISSION Meeting Date February 22, 2013 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:02 a.m. I End of Meeting: 11:55 a.m. Present Chair James R. O'Connor; Vice -Chair Charles Iona; Members: Ernest Kanekoa, Jr., Randall Francisco, Alfredo Nebre, Jr. Also Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chiefs Roy Asher, Alejandre Quibilan; Lieutenant Richard Rosa; Sergeant Jason Overmyer; Officers Shawn Hanna and George Laccone. Excused Commissioners Bradley Chiba and Donald Okami, Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called for public testimony. There was no public Chair O'Connor called the meeting to order at testimony. 9:02 a.m. Budget Presentation by Mayor Carvalho for Fiscal Year 2013/2014 Mayor's presentation rescheduled to March 22, 2013. Approval of Regular Open Session Meeting Minutes of January 25, 2013. Meeting Minutes Commissioner Iona moved to approve the meeting minutes as circulated. Commissioner Nebre seconded the motion. Motion carried 5:0 Recognition and Employees of the month for February: Officers Shawn Hanna and George Commendation Laccone. Reports Officer Hanna was recognized by Sergeant Jason Overmyer for his diligent work in the field of DUI (Driving Under the Influence) enforcement. During the month of December Officer Hanna located and arrested 20 individuals for OVUII (Operating a Vehicle while Intoxicated) which accounted for over 50% of all OVUII's for the month of December. While Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 2 SUBJECT DISCUSSION ACTION actively pursuing a Doctorate's Degree, Officer Hanna also worked on building a refresher curriculum in the field of software standard field sobriety testing to assist patrol officers to better observe indicators of impairment, as well as administer the field sobriety testing with more proficiency. Police Chief Darryl Perry presented Officer Hanna with a Certificate of Recognition for his outstanding and exemplary service to the community in making the roadways safer and protecting the welfare of both residents and visitors. Officer George Laccone was recognized by Lieutenant Richard Rosa for being instrumental in the capture and arrest of an individual wanted for promotion of illegal drugs. Officer Laccone prepared a search warrant that led to the recovery of drugs and drug paraphernalia resulting in further felony charges. Chief Perry presented Officer Laccone with a Certificate of Recognition for his perseverance in the assault that led to the identity and arrest of a suspect within 24 hours of the initial call; his efforts proved to be a true reflection of his dedication in keeping the community safe. Commissioner Francisco expressed his appreciation to both officers for their continued professionalism and dedication in keeping the community safe. Commissioner Iona stated that he found it truly a delight to see officers who really go above and beyond what is normally required. He indicated that the general public must be made aware that a lot of times police work is self - generated and not a reactionary thing. An officer must be proactive in staying one step ahead of all of the elements he or she faces on a day to Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 3 SUBJECT DISCUSSION ACTION day basis. Chief's Monthly Reports 1. Administrative, Technical Services & Training Reports /Order 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Service Bureau & Traffic Reports 5. Community Oriented Policing Report Traffic Safety Unit 6. Community Oriented Policing District Reports 7. Chief's Announcements and Pertinent Updates Chief's announcements • May 12 -18, 2013, is designated as National Police Week. Currently, tens of thousands of law enforcement officers from around the world participate in a number of planned events which honor those who have paid the ultimate sacrifice. Various activities are being planned such as a beach clean -up, Mayor and Council proclamation, a memorial remembrance assembly, appreciation luncheon at the Kauai Police Department Headquarters, a 5k fun run and walk, and an open house at the headquarters for the community. • Kauai Police Department has implemented a crime mapping tip 411 initiative that can be found on the County's website at www.kauai.gov the program provides the community with information on how many burglaries have occurred within a particular timeframe and where it occurred. Acknowledgements went to Deputy Chief of Police Michael Contrades for spear- heading the program and to Sergeant Roderick Green for initiating the program. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 4 SUBJECT DISCUSSION ACTION • The recently passed False Alarm Ordinance 931 requires that any person who has a residential, commercial or government alarm must register with the Kauai Police Department prior to activation or installation. Fire, auto and medical alarms are excluded. The non - transferable registration fee is $25 for the first year and $10 upon renewal. For more information and to register online go to the County's website at www.kauai.gov and click on Police. • The Waimea Town Celebration continues tonight; expect traffic delays and don't drink and drive. • Chief Perry and Deputy Chief Contrades attended the Mayor's community outreach meeting in Hanapepe on Thursday, February 19th Business KPC 2015 -52 Discussion on the logistics of the State of Hawaii Police Commissioners Conference hosted by the Kauai Police Commission. (On- oin Chair O'Connor informed the Commission that 5 members of the Hawaii County Police Commission have sent an e -mail expressing their intent to attend the conference. No word yet from the Honolulu Police Commission and Maui Police Commission. Commissioner Francisco pointed out that since the conference was held at the Grand Hyatt in Poipu in 2009, he would like to recommend to the Commission to hold this year's conference on the east Kauai area. He stated that once the Commission has some indication on the number of attendees, the Commission would be able to formulate some of the topics and overall discussion items. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 5 SUBJECT DISCUSSION ACTION Commissioner Iona pointed out that one of the concerns that was brought up at last year's conference was the importance of speakers. He indicated that the selection of keynote speaker(s) is important in that it would attract the other commissioners to want to attend but more importantly make them feel that it was worth the time and money. Chair O'Connor stated that he would be calling upon the Police Department to participate in the conference and that he would probably solicit ideas from Chief Perry on what type of topics to discuss. He reminded the Commissioners to be mindful of the budget and he hopes that the conference will be well- attended. KPC 2013 -03 Public announcements for the following notarized public complaints that were filed against officers of the County. ES -56: KPC 2012 -27 Complaint filed on October 19, 2013, alleging that an officer improperly handled a report of an assault that resulted in the complainant's wrongful arrest. Based on the information received, the Commission found that there was insufficient information to sustain the complaint, and therefore, 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 2012 -27. ES -61: KPC 2012 -29 Complaint filed on December 3, 2012, alleging that the conduct of the officer was unprofessional in the way he directed his remarks to the complainant in denying that he never saw the complainant's vehicle insurance papers. Based on the information received, the Commission found that there was insufficient evidence to sustain the material allegation Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 6 SUBJECT DISCUSSION ACTION of the complaint, 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 officially concluded the Commission's review of complaint KPC 2012 -29. ES -62: KPC 2012 -30 Complaint filed on December 10, 2012, alleging that officers did nothing while a violation was taking place. Based on the information received, the Commission found that there was insufficient evidence to sustain the material allegations of the complaint, 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 officially concluded the Commission's review of complaint KPC 2012 -30. ES -001: KPC 2013 -001 Complaint filed on December 20, 2012, alleging that officers did nothing to protect the complainant when a neighbor threatened the complainant and a member of the family. Based on the findings in the Police Report, the Commission found that there was insufficient evidence to prove the material 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 -001. KPC 2013 -04 Review of the Kauai Police Department's Policy and Procedures. Deputy County Attorney Winn noted that it was her understanding that the Commission wanted to take a more in -depth look into some of the policies and that the Commission was considering forming a permitted interaction group to do so. She explained that the group should be composed of 3 Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 7 SUBJECT DISCUSSION ACTION members and that the Commission could either volunteer or select the members. Once the members are established, the Commission would need to provide a scope of what the group is going to be authorized to do and that all findings and recommendations will need to be presented to the Commission as a whole for further discussion and decision - making on the matter at hand. Chair O'Connor indicated that this action is not unusual because the Commission is charged with various duties and responsibilities, and as far as he could recall, the Commission has not reviewed the Police Department's policies and procedures. He indicated that this action is not saying that something is lacking or that there need to be changes, it is just the Commission doing its due diligence and just reacquainting itself with the policies by asking the right questions and getting any suggestions from the department. Commissioner Iona indicated that he would like to volunteer to serve as a member of the interaction subcommittee. Deputy County Attorney Winn reiterated that any member of the Commission can volunteer to serve on the interaction subcommittee. She explained that once the members are established and voted upon another motion is needed to define the scope of the review and the scope of each member's authority. Chair O'Connor called for a motion to create a 3 member interaction Commissioner Iona moved to create a 3 member subcommittee. interaction subcommittee to review the Police Department's policies and procedures. Commissioner Kanekoa seconded the motion. Motion carried 5:0 Commissioners Kanekoa and Nebre indicated their desire to serve as members of the interactive subcommittee. Chair O'Connor called for a motion to approve the selection. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 8 SUBJECT DISCUSSION ACTION Commissioner Iona moved to approve Commissioners Kanekoa, Nebre, and himself to sit on the interaction subcommittee to review the policies and procedures of the Kauai Police Department, and report back to the Commission as a whole for further discussion. Commissioner Nebre seconded the motion. Motion carried 5:0 Chair O'Connor called for a motion to begin discussion on defining the Commissioner Iona moved that the Commission scope of the review process. begin its discussion at this meeting on defining the scope of the review process as it relates to the Police Department's policies and procedures. Commissioner Nebre seconded the motion Discussion Commissioner Iona explained to the Commissioners on what he believes is important in creating an interactive subcommittee to review the policies and procedures in the Police Department. He noted that one of the questions that have begged this Commission's attention is in the area of workplace violence and harassment in the workplace, which he believes should be one of the primary scopes of the subcommittee's task which is to meet with the department to go over the policies and procedures line by line. He pointed out that he wants the department to realize or understand that in no way is the subcommittee created to micromanage the department and that its main purpose is to get a better understanding so that the Commission would be prepared to answer inquires coming from the general public. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 9 SUBJECT DISCUSSION ACTION Commissioner Iona stated that because of the many variables he wanted to see whether there is a division in policies between the County and the Police Department, and to find out more about the process as it relates to the promotional aspect in the department. He shared with the Commission that he could say with certainty that he would not be asking for any policy changes because he believes it lies within the department and that he just wanted some hindsight into this whole process of what takes place. Commissioner Francisco mentioned that because the Police Department is moving forward with the accreditation process he felt that it would also be a good opportunity for the Chief to update the subcommittee on where it's at with regards to their policies and procedures because the department is already undergoing that internally. Chief Perry stated that as the department continues to move forward with the accreditation process, it is revisiting all of its policies and procedures to make sure that the department is in alignment with the County's policies and procedures that overlook all departments; particularly the policies that pertain to violence in the workplace and harassment in the workplace. He shared with the Commission that since the election of Justin Kollar to the Prosecutor's Office, the department has lost its legal advisor and has been without a replacement for the past three months. While the County Attorney has been very helpful in assigning those types of policies it still needs to be scrutinized and given a stamp of approval in order to move forward. He explained that some of the policies are in limbo which has placed the department behind schedule. Currently there are about two hundred policies that still need to be reviewed by the County Attorney and brought up to speed; some of which have to do with housekeeping. The content in the policies are still in place in other departments and being used as best practices. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 10 SUBJECT DISCUSSION ACTION Commissioner Iona suggested to Chief Perry that he enters into some type of dialogue with the administration to inquire about it because he believes some of the frustration that the department is faced with is having a County Attorney whose expertise is in another specialty field and not in law enforcement. He indicated that it would be beneficial for the Police Department to have someone proficient or whose expertise is in law enforcement to minimize a lot of these down - the -road frivolous suits that come up because of information that is given at the start. Chief Perry stated that both County Attorneys Jennifer Winn and Mauna Kea Trask have been very helpful but the department still needs to move forward its policies and procedures as quickly as possible. He noted that he understands that both attorneys have their plates full so having an attorney assigned to the Police Department would be very helpful because as of right now the department is behind in achieving its own set benchmarks. Deputy County Attorney Winn gave her perspective of the situation that the assignments from the Police Department are being assigned to few of the attorneys who do have prosecuting background such as herself and Mauna Kea Trask. Ms. Winn explained that the reason some of the assignments are being referred to other attorneys is because they are trying to get the work done faster, versus having just one attorney who already has various departments to handle. Ms. Winn further explained that since Justin Kollar became the new County Prosecutor, the County Attorney's Office is short one person and they still need to hire a replacement. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page I I SUBJECT DISCUSSION ACTION Commissioner Kanekoa asked whether it would be appropriate to get copies of the policies and procedures that are marked pending approval and the ones that have already been approved. Chief Perry responded that because there are two hundred policies he suggested that the subcommittee review the policies and procedure at the Police Department. He added that some of the policies are just formatting the General Orders into standards to be in compliance with the CALEA (Commission on Accreditation for Law Enforcement Agencies) standards, and that the information on the policies would not change, but there are some that the department are changing significantly. Based on the discussion, Chair O'Connor defined the scope of the review as follows: 1) Do a general review of acquaintance for the Commission's standpoint; 2) Go over the process of establishing the policies and procedures with the department; 3) Review the policies that may need to be added or tweaked to conform with the accreditation process; 4) Specific concentration on workplace violence and harassment in the workplace policies and procedures; and 5) Review promotional policy procedures. Commissioner Iona stated that because of the openness of this meeting he is pretty sure that there are individuals out in the general public that would view what was discussed as, "Well, you're the Commission you do what you have to do." However, the public needs to understand that there are certain rules in the Charter that the Police Commission operates under on what can and cannot be done by the Commission. Deputy County Attorney Winn informed Commissioner Iona that based on the discussion, procedurally, his motion is different. She advised Commissioner Iona to either amend his motion or withdraw it and make a motion articulated with what Chair O'Connor had stated. Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 12 SUBJECT DISCUSSION ACTION Ms. Winn clarified that the original motion was for the Commission to have a discussion about the scope of the review, and now through that discussion certain things have surfaced so the original motion would have to be amended with the changes. Commissioner Iona moved to amend his original motion to reflect that a definitive scope has been discussed for implementation by the interaction subcommittee Commissioner Nebre seconded. Motion carried 5:0 Deputy County Attorney Winn informed Chair O'Connor to call for another motion to approve the original motion as amended. Commissioner Iona moved to approve the original motion as amended. Commissioner Nebre seconded. Motion carried 5:0 Announcements Next meeting — March 22, 2013, at 9:00 a.m. in Meeting Room 2A/2B at the Mo'ikeha Building — Executive Session to follow. Executive At 10:03 a.m. Commissioner Iona 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) Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 13 SUBJECT DISCUSSION ACTION ES -46: Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a ) (2) and 4), the purpose of this Executive Session is for the Commission to consult with its attorney. any relate to the hire, evaluation, dismissal, or discipline of an officer or employee 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 its attorney on matters relating to a hearing procedure for Report of Investigation on Issues in the Kauai Police Department for the County dated June 28, 2012, where it involves consideration of powers, duties, privileges, immunities, and/or liabilities (On- going) (d) Communication dated February 12, 2013 from Richard Nakamura to Deputy County Attorney Jennifer Winn, regarding matters relating to a hearing procedure on Issues in the Kauai Police Department. ES -007: Pursuant to Hawai'i Revised Statute 02 -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 Executive Session Minutes of January 25, 2013 Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 14 SUBJECT DISCUSSION ACTION Pursuant to Hawai'i Revised Statutes §924, 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 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 CouM'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 -009: KPC 2013 -002: Notarized complaint filed on 1/22/13 alleges that an officer of the County used excessive force, conduct unprofessional, and destruction of evidence. Chair O'Connor called for a motion to enter into Executive Session. Commissioner Iona moved to enter into Executive Session. Commissioner Nebre seconded the motion. Motion carried 5:0 At 10:03 a.m. the Commission entered into Executive Session. Ratify the At 11:55 a.m. the Commission reconvened in Open Session. Commissioner Iona moved to ratify the actions actions taken in taken in Executive Session. Commissioner Executive Chair O'Connor called for a motion to ratify the Commission's actions Kanekoa seconded the motion. Session taken in Executive Session for items: ES -33, ES -46 (d), and ES -007, and Motion carried 5:0 ES -009. ES -33: On -going Kauai Police Commission Regular Meeting Minutes - Open Session February 22, 2013 Page 15 SUBJECT DISCUSSION ACTION ES -46 (d): Motion to receive item ES -46 (d) for the record carried 5:0 ES -007: Motion to approve the Executive Session minutes of January 25, 2013 as circulated carried 5:0 ES -009: Motion to refer the complaint to the Office of the Chief carried 5:0 Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn the meeting. Commissioner Iona seconded the motion. Motion carried 5:0 At 11:55 a.m. the meeting adjourned Submitted by: Mercedes Youn, Staff Support Clerk () Approved as circulated on March 22, 2013. () Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair