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HomeMy WebLinkAbout092713_KPC_ApprovedMinutes Open Session_1m(bd)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date September 27, 2013 Location Mo'ikeha Building — Meeting Room 2AB Start of Meeting: 9:03 a.m. End of Meeting: 11:52 a.m. Present Chair James R. O'Connor; Vice -Chair Charles C.C. Iona; Members: Bradley Chiba, Ernest Kanekoa, Jr., Randall Francisco, Donald Okami, Sr., and Alfredo Nebre, Jr. Also present: Deputy County Attorney Jennifer Winn; Boards & 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 Chief Alejandre Quibilan; Acting Assistant Chief Sherwin "Kaleo" Perez; Acting Captain Richard Rosa; Lieutenant /Acting Captain Randolph Chong Tim; Lieutenant Todd Tanaka; Acting Lieutenant Bryson Ponce; Officers Michael Nii, Jr. and Makana Rivera Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:03 a.m. Approval of Regular Open Session Minutes of August 23, 2013. Commissioner Kanekoa moved to approve the Minutes minutes as circulated. Commissioner Nebre seconded the motion. Motion carried 7:0 Employee of the Officer of the month for July: Officer Michael Nii, Jr. month recognition Officer Nii was recognized for being instrumental in the training of the 83rd Police Recruitment Class. Lt. Tanaka stated that Officer Nii was tasked with the planning and implementation of three segments of the training course that included defense block instruction, scenario based training and control tactics. Lt. Tanaka stated that having an officer who displays leadership characteristics plays a big part in the department's succession plan and that Officer Nii's capabilities show just that. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 2 SUBJECT DISCUSSION ACTION During the training Officer Nii was able to see certain aspects of each recruit that cannot be blanketed because each individual is different. Chief Darryl Perry presented Officer Nii with a Certificate of outstanding and exemplary service in providing valuable instruction to the 83rd recruitment class. Officer Nii's effectiveness and professionalism was highly instrumental in developing and preparing the recruits for their assignments as police officers. Officer of the month for September: Officer Makana Rivera Acting Lieutenant Bryson Ponce stated that while on duty on May 28, 2013, Officer Makana Rivera observed a male suspect walking on the roadway wearing a hood and gloves carrying items of interest. A quick check revealed that no items were reported missing and the suspect were allowed to leave. However, Officer Makana's keen sense kicked in and he decided to take a photograph of the male suspect and the items he was carrying. Later that morning, a report of a break in was reported in the area; an investigation was done and with the help of the photograph the Detectives working the case was able to arrest the suspect on four counts of unauthorized entry into a motor vehicle along with other charges. Chief Darryl Perry presented Officer Makana with a Certificate of outstanding and exemplary service for his due diligence in responding to a UEUV complaint and for his professionalism and commitment in keeping the community safe. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 3 SUBJECT DISCUSSION ACTION Commissioner Francisco commended the officers for their commitment in keeping the crime level low. He shared with the Commission that as a former Dean for continuing education workforce development at the University of Hawaii, he can appreciate the logistics involved in the training program because every aspect reflects the department's unique training methods. Commissioner Francisco commended Officer Rivera for his myopic view of the situation. He stated that Officer Makana has demonstrated that he has a faceted view for being able to look at things beyond what most individuals are accustomed to, and his keen sense of hindsight will serve as an asset in solving other types of crimes. Commissioner Okami shared with the Commission that he had the opportunity to work with the officers on a professional level in the community. He stated that the officers have displayed true professionalism on many occasions, and that he can proudly say how glad he is to have these officers on the police force. Vice Chair Iona commented that it is indeed a true testament of the officer's actions when you see their fellow officers and family members in the audience showing their support. He thanked the officers for their professionalism and dedication in keeping the community safe. Commendation There was one letter of commendation from the third grade level Report teachers at Wilcox Elementary School, who wrote to thank Officers Barry DeBlake, Andrew Muraoka, John Mullineaux and Michael Nii, Jr. for taking the time to speak to 150 of their students on the subject of laws and rules. Presentation by The Powerpoint Presentation reflected the ISB organizational chart; Lieutenant /Acting ISB Bureau goals, a breakdown of General Detectives Case Load and Captain Randolph Special Focus Case Load from January through June 2013, Detective Chong Tim, on an Search warrants from January through August 2013, SRO Projects, Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 4 SUBJECT DISCUSSION ACTION overview of KPAL Activities including ISB highlights reflecting the SARI /SANE operations of the Nurse Program, missing persons report, sex assault cases, drowning, Department's homicide, death related reports, and theft cases, and the recovering Investigative efforts of Nancy Baugh. Services Bureau for the first half of Commissioner Francisco stated that today's presentation suggests to calendar year 2013 him that Kauai is at a high level of professionalism and that the pride and leadership is alive in the Kauai Police Department. He stated that the Commission must continue to support the department's budgetary concerns by approaching the County Council and the Administration to let them know that this is part of the reason why certain budget items must remain intact, but in doing so he expects the department to be prepared to demonstrate its criteria as to why they need to have the 5 percent cut restored. Chair O'Connor thanked Acting Captain Chong Tim for an outstanding presentation. He noted that it is his hope that the citizens of Kauai gain a new appreciation not just for the ISB (Investigative Services Bureau) but for the entire Police Department. Chief's Monthly 1. Administrative, Techincal 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. Administrative Orders 7. Personnel Orders 8. Chief's announcements and pertinent updates Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 5 SUBJECT DISCUSSION ACTION Chief Perry announced that the department has received good news from the Office of Community Oriented Policing Services Acting Director Joshua Aderhiemer, who wrote to inform him that the grant application for six (6) positions under the 2013 Cops Hiring Grant Program was approved. The grant of $750,000 will be awarded over a span of three years; Chief Perry noted that although it is great news, the department still needed to approach the County Council to request for additional funding to match the Grant. Business KPC 2013 -16 Communication dated September 11, 2013 from Chief of Police Darryl Perry to Chair James R. O'Connor, regarding a request that the Police Commission explore the possibilities to off -set the current and future pay discrepancies. Chair O'Connor noted that the Commission was given a copy of Salary Resolution 2013 -1 that was distributed by Staff prior to the meeting. He thanked the Salary Commission for addressing the inconsistencies in the previous resolution that was not replicated in the current budget. He called for a motion to receive items KPC 2013 -16 including Salary Commissioner Okami moved to receive both Resolution 2013, for the record. items for the record. Commissioner Kanekoa seconded the motion Motion carried 7:0 Vice Chair Iona asked for a clarification on whether it was appropriate for the Commission to discuss the matter after a motion was made and voted upon to receive the items. Ms. Winn replied that the Commission may continue its discussion relative to the items. Vice Chair Iona explained that he wanted to have more discussion on the matter because after reading the communication from the Chief and having just reviewed Salary Resolution 2013 -1 he found a few issues that he would like to address regarding Articles 5 and 6 including the Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 6 SUBJECT DISCUSSION ACTION Chief's communication. He pointed out that although Articles 5 and 6 does address the Allowances and the Standard of Conduct Pay it does not address the salaries of the Police Chief and the Deputy Police Chief. He stated that based on the Chiefs' current salaries it is highly unlikely that the parity of their salaries would be of equal status to the City and County of Honolulu and Maui County. He noted that relative to the large disparity of Chief's salaries a question was raised on the size of the Kauai Police Department and island's population. He pointed out when a crime is committed it does not matter if it happens on a small island or in a big metropolitan area, a crime is a crime. He stated that the language referring to the pay freeze for the top level positions will affect the salaries of the Police Chief and the Deputy Police Chief. Chair O'Connor stated that he agrees with Vice Chair Iona that Resolution 2013 -1 only addresses a partial solution of what was conveyed in Chief Perry's communication. He stated that the language that indicates that the County is not anticipating an increase in revenues for next year and is requesting to forego all salary increases was, in his opinion, more of a comment to the findings. Commissioner Kanekoa asked prior to the approval of Resolution 2013 -1, if the Chair had an opportunity to attend the Salary Commission meeting. Chair O'Connor stated that although he did not attend the meeting it does not foreclose further discussion on the matter and that the Commission would have an opportunity during the next budget review process. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 7 SUBJECT DISCUSSION ACTION Chief Perry noted that the Police Department has already started its budget review process but he is unsure how to address the Salary Commission for this term or the next. Chief Perry explained that one of the reasons he sent the communication was portrayed in today's presentation, which showed a variety of things that the Kauai Police Department is performing as an agency regardless of how small the department may be. The other reason was to bring to the attention of the Commission the issue about the disparities, which will create an inversion. He pointed out that there are line people in the department that are making more than their superiors, and voiced his concerns that when the time comes to fill the vacancy of the Police Chief's position there might not be qualified candidates willing to step up to the plate because of pay. He gave an example that Deputy Chief Contrades took a $25,000 reduction in pay for his position. He stated that as the department moves forward, if this type of endeavor continues the chances of finding top notch candidates for the Chief and the Deputy Chief's position will be hard. Chief Perry stated that he will probably be ready for retirement in about a year or so, and that his concerns were meant as a recommendation that the Commission will make it a long term plan for the organization. He stated he felt that issue is important and that the County needs to step up to the plate and find the means so that it can retain top notch candidates for the Chief position. He noted that the agencies on the island of Oahu and Maui use S.H.O.P.O as a guideline in that when the police officers receive a pay increase the excluded managerial positions are included, which is then bumped up to the Chiefs. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 8 SUBJECT DISCUSSION ACTION Commissioner Kanekoa stated that he agrees that the County needs to step to the plate by offering a pay increase for the Chief's positions because the disparity came in on a keel. Vice -Chair Iona stated that when he and Commissioner Kanekoa approached the Salary Commission, one of the questions that were raised related to the S.H.O.P.O negotiations. He stated that he informed the Salary Commission that the Police Commission does not have control over these negotiations because it is done at the bargaining unit level for the police officers. Vice Chair Iona also stated that he brought it to the attention of the Salary Commission that by establishing the gap in the right way everything would move progressively in the right direction, which would help to maintain the gap. But by freezing the salaries at the top level and allowing the bottom level to excel it will cause the inversion to occur, and that the bottom numbers are already starting to elevate exceeding the top numbers. Commissioner Kanekoa noted that he realizes that a motion has already been made and voted on to receive the communication; he asked if he could make another motion to have either the Chair or the Vice Chair approach the Salary Commission. Vice Chair Iona explained that he wanted to discuss the matter further because the Commission made a motion to receive Resolution 2013 -1 because it addresses the Allowances and Standard of Conduct Pay. However, he felt that salary freeze was a separate issue and that he would like to suggest that the Commission as a whole, agree with a motion to send the Chair to inquire with the Salary Commission and the Mayor's Office on what their intent is relative to the pay freeze. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 9 SUBJECT DISCUSSION ACTION Chair O'Connor called for the motion. Vice Chair Iona moved to send Chair O'Connor to inquire with the Salary Commission and the Mayor's Office, relative to what their purpose or plan is regarding the pay freeze for the top level positions indicated in Resolution 2013 -1. Commissioner Okami seconded the motion. Commissioner Okami asked if the $25,000 loss in pay included the overtime pay, or was it due to his movement into the Deputy Chief's position. Chief Perry explained that although the loss in pay is partially due to overtime the Deputy Chief's position does call for a certain amount of overtime in which he does not get paid. But in the Captain's position the Deputy was compensated, but the overtime was not carried over to his current position and that's where the majority of the pay deficiency occurred. Chief Perry stated that the issue is really about fairness and creating a reasonable separation between the ranks. Commissioner Francisco commented that while the Director of Finance has gone through his own budget process one must remember that a lot of the guiding philosophy behind the initial budget plan was based on actual as well as the current economic environment. He stated that everyone knows that the economy is improving, which gives a little leeway as taxes continue to improve. He felt that the County has an array of opportunities to increase revenues in terms of fee increases and budget savings. He stated that the people of Kauai deserves the best, and that someday they can look back and honestly say that they got the best by paying market price. He noted that with the leadership of the department, the people of Kauai will certainly get the best in terms of commitment, service and a desire to do well for the community. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 10 SUBJECT DISCUSSION ACTION Commissioner Kanekoa commented that although the salaries have not improved, none of the Chiefs have shirked their responsibilities; in fact conditions have improved and they are moving forward without the compensation. He noted that is something that the Commission should think about because the department is moving forward. With no further discussion, Chair O'Connor called for the vote. Motion carried 7:0 KPC 2013 -17 Discussion on medical leave protocol and its effect on the Police Department's budget Commissioner Kanekoa said the reason he brought this issue up is because he wanted to educate himself on the medical leave protocol for employees who are on extended medical leave. He asked whether the County has a protocol where it can request a second opinion from another doctor in regard to the employee's health status, and how long a person can be on medical leave, and what agency is responsible for doing periodic checks on the employee. Ms. Winn stated that each case is different and that medical leave for work related matters versus non -work related matters does make a difference. She explained that for non -work related matters the employee would use their sick leave, but if it's for work related the County pays the employee two- thirds of their normal salary up to a cap depending on what the employee makes. She added that the employee can also use their vacation or sick leave to make up the difference. Ms. Winn explained that in a normal case, the County would get information from its own doctor and before anything is done, the doctor will have to either review the records or see the person in order to make an assessment in which the County would decide whether the case is Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 11 SUBJECT DISCUSSION ACTION compensable or not. She stated that if there is a disagreement between the individual and the County, the case will be taken to a board specifically designed to review these types of issues. Ms. Winn stated that it is the County's goal to return the employee to work as soon as medically possible, but in determining that both doctors would have to agree; if not then the County would again take it back to the board for them to determine if the person is medically able to return back to work or not. She stated that generally, until someone is deemed unable to return medically, by law, the County is required to keep the position open. She stated that the agencies who are primarily involved with these types of cases are Risk Management, which at this point is being done by First Insurance and the HR Department. Ms. Winn stated that cases that have the potential in becoming a disaster will prompt the County Attorney's Office to get involved. Ms. Winn stated that for budget purposes generally one would look at the prior years to see if there were any known large claims, and use that information to determine the budget for that particular fiscal year. Chief Perry stated that the challenges that the department is facing is filling in the positions where an employee is out for an extended period in time with other employees. He stated that currently there are issues that are still not resolved which created a long negative impact in the organization. He stated that the HR Department is working diligently to address the issues, but it takes time because they must be allowed to do their due diligence. But still in the meantime, it does create internal problems because the department cannot fill these positions, and in some cases the vacancies have lasted well over a year and sometimes longer. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 12 SUBJECT DISCUSSION ACTION Chief Perry stated that the department is trying to do its best with what it's got and is committed to work with the appropriate agencies. Commissioner Kanekoa asked when the employee's vacation and sick leave have been utilized is there an emergency fund that kicks in. Ms. Winn stated that the question was beyond her knowledge; however it is her understanding that a cap is required but it is usually more of a cap per week, and it all depends on the individual's position and how much they make. In general, the County will pay two - thirds of the employee's salary and if the sick leave or vacation time runs out the County will continue to pay the two- thirds but not the full salary. Chair O'Connor stated that Commissioner Kanekoa also asked if there was a built in periodic review to which Ms. Winn replied yes. KPC 2013 -18 Discussion on how the Police Department is dealing with the expenditures for overtime in performing the investigation and or other issues pertaining to police services that would affect the department's budget. Deputy Chief of Police Michael Contrades made a presentation on the department's current budget covering the first two months of overtime expenditures, mitigation efforts, and a forecast and outlook. D/C Contrades stated that the Mayor and his Administration have been very supportive and understanding, and that the department is working with them to try to figure out how the department is going to deal with its budgetary issues. He stated that the department does understand that under the current fiscal climate there is only so much money to go around, and as officers and a police department, they do not believe that they are special in the sense that they should get preferential Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 13 SUBJECT DISCUSSION ACTION treatment. KPC 2013 -19 Recap from Chair O'Connor and Vice Chair Iona on the 2013 Hawaii State Law Enforcement Conference that was held on Oahu on August 28 & 29 Vice Chair Iona stated that this was one of the best law enforcement conferences that he has ever attended and that one of his favorite highlights was when he met Mr. Isaac Hoopi'i. Mr. Hoopi'i received the highest non - military award for saving the lives of eighteen (18) individuals when an American Airline flew into the Pentagon on 9/11. Mr. Hoopi'i lives in the State of Virginia and is a graduate of Waianae High School on Oahu. Chair O'Connor stated that this was the first conference that he has attended in which the caliber was high. He stated that for first time the Kauai Police Commission was underrepresented. He also noted that it was the best time for interaction with other Commissioners around the State. Announcements Next meeting: Friday, October 25, 2013, at 9:00 a.m. at the Mo'ikeha Building, in Meeting Room 2A/213. Followed by Executive Session Executive Session ES -33 Pursuant to the Hawaii Revised Statutes §92 -4 and 02-5 (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- oin ES -033 Pursuant to the Hawaii Revised Statutes §92 -4, 02 -5 (a) (4), At 11:25 a.m. Vice Chair Iona read the Hawaii the purpose of this Executive Session is to receive and approve the Revised Statutes for items ES -33 and ES -033 Executive Session minutes and to consult with the Commission's legal into the record. counsel on issue pertaining to the Commission's and the Count 's Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Page 14 SUBJECT DISCUSSION ACTION powers, duties, privileges, immunities, and /or liabilities as they may relate to this item, and to deliberate and take action deemed aqppropriate: • Regular Executive Session minutes of August 23, 2013 Commissioner Nebre moved to enter into Executive Session. Commissioner Chiba Chair O'Connor called for a motion to enter into Executive Session. seconded the motion. Motion carried 7:0 At 11:26 a.m. the Commission entered into Executive Session. Return to Open Chair O'Connor called for the motion to ratify the Commission's At 11:52 a.m. the Commission reconvened in Session to actions taken in Executive Session. Open Session. ratify the Commission's Commissioner Kanekoa moved to ratify the actions actions taken in Executive Session for items: ES- 33 and ES -033. Commissioner Nebre seconded the motion. Motion carried 7:0 ES -33. On -going ES -033: Motion carried 7:0 to approve the Executive Session minutes as circulated. Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn. Vice Chair Iona seconded the motion. Motion carried 7:0 At 11:52 a.m. the meeting adjourned. Kauai Police Commission Regular Meeting - Open Session September 27, 2013 Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on October 25, 2013. ( ) Approved as amended. See minutes of meeting. Page 15 Reviewed and Approved by: James R. O'Commor, Chair