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HomeMy WebLinkAbout102513 KPC OPEN SESSION Minutes_Approved1m(bd)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date October 25, 2013 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:04 a.m. End of Meeting: 11:16 a.m. Present Chair James R. O'Connor; Vice -Chair Charles Iona; Members: Ernest Kanekoa, Jr., Donald Okami, Sr., Randy Francisco Also present: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Deputy Chief of Police Michael Contrades; Assistant Chiefs Roy Asher, Alejandre Quibilan; Acting Assistant Chief Sherwin "Kaleo" Perez; Acting Lieutenant Bryson Ponce Excused Commissioners Bradley Chiba and Alfredo Nebre, Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair O' Connor called the meeting to order at 9:04 a.m. Approval of Regular Open Session Minutes of September 27, 2013. Commissioner Kanekoa moved to approve the Minutes meeting minutes as circulated. Commissioner Okami seconded the motion. Motion carried 5:0 Chair O'Connor noted for the record, the absence of Chief Perry who is attending the International Association of Police Chief's Conference in Philadel hia. Employee Sergeant Ray Takekawa Officer of the month for October. Recognition for the Month of Sergeant Takekawa was nominated by Patrol Services Bureau Acting October Captain Richard Rosa. Reading the recognition was Assistant Chief Alejandre Quibilan. Sergeant Takekawa was recognized for his due diligence in an investigation that lead to the apprehension and arrest of an individual for failure to comply with the requirements of the State of Hawaii Sex Offender Registry with the State Attorney General's Office. De ut Chief Contrades honored Sergeant Takekawa by resentin him Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 2 SUBJECT DISCUSSION ACTION with a Certificate of outstanding and exemplary service for his investigative efforts which lead to the arrest of the unregistered sex offender. Sergeant Takekawa's actions are a true reflection of his dedication to his profession and commitment in keeping the community safe. Reading the nomination of Ms. Claire Ueno was Acting Lieutenant Bryson Ponce. Ms. Ueno's nomination stems from a cold case that involved the murder and kidnapping of Ms. Nancy Ellen Baugh. In 1979, Ms. Baugh was kidnapped from her home on Weke Road in Hanalei after her boyfriend was murdered. On March 30th 2012, human remains were found near the Waioli stream, less than a mile of where the murder occurred in 1979 but due to an overload of incoming cases, a year passed without any resolve. Because the bones were thought to be ancient it was secured in evidence however, Ms. Ueno, ever vigilant in her duties, continued to review all of the missing person cases and through her perseverance, dedication and collaboration with the Office of the Prosecuting Attorney and retired Detective Joe Adric was able to provide pertinent data that helped to verify the remains of Ms. Baugh and finally bring closure to the family. Deputy Chief Contrades honored Ms. Ueno by presenting her with a Certificate of exemplary service to the community on behalf of the citizens of the County of Kauai and members of the Kauai Police Department. Ms. Ueno's due diligence to identify the skeletal remains of Ms. Baugh is a true reflection of her dedication and commitment to her profession. Commissioner Francisco echoed the comments that were made by the presenters that it's all about striving for excellence, which he felt was the highest standards to come out of a government service . He stated that as a business person he would like to challenge the government to exceed their Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 3 SUBJECT DISCUSSION ACTION value proposition because he firmly believes that the taxpayers deserve more. He thanked Sergeant Takekawa and Ms. Ueno for their outstanding work performance. Vice Chair Iona expressed his personal gratitude by thanking the recipients for their showmanship of humbleness when being recognized for their accomplishments. Commendation There was one letter of commendation from Ms. Lisa Aki, Coordinator for Report the Special Olympics Hawaii, Kauai district. Ms. Aki wrote to thank Chief Perry for his support during the Special Olympics "COP ON TOP" fundraiser event. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Orders Reports 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau & Traffic Report 5. Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief's announcements and Pertinent Commissioner Francisco asked while still in the new fiscal year, what is anticipated in terms of the final budget for the fiscal year that ended in June and as the department begins to look toward the budget for next fiscal year what is the anticipated return. Deputy Chief Contrades asked if he is referring to the previous fiscal year and if so, the return roughly amounted to the tune of $700,000. Commissioner Francisco asked if he had an idea of what it represented. Deputy Chief Contrades replied that the return represented a range of things such as equipment and some salaries. Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 4 SUBJECT DISCUSSION ACTION Commissioner Francisco noted that as a Police Commission, part of its responsibility is not only to scrutinize the budget, but to support the Police Department with its budgetary needs especially as the new fiscal year approaches and the anticipation of the 5% reduction. Deputy Chief Contrades stated that one type of service that the Police Department cannot anticipate is the number of autopsies it would have to do within the year and what to budget for because anything remaining would have to go back into the General Fund. Commissioner Francisco pointed out to the Commission that in terms of the new business budget plan in which the Mayor had requested that all the departments stay on course that the Commission supports the Police Department by finding clear justification on why the department should retain its portion of unexpended funds. Vice Chair Iona asked if the Police Department has a contract for the use of a pathologist through Wilcox Hospital and whether the contract includes a set fee. Deputy Chief Contrades replied yes. Chair O' Connor asked the Deputy if he had other announcements to make. Deputy Chief Contrades announced that on Saturday, October 26th from 10 a.m. to 2 p.m. the Police Department is participating in the National Take Back Initiative. He encouraged everyone in the community who have any unused or expired medications to bring it into the Lihu`e Police Station. Communications KPC 2013 -20 Communication dated 9/30/13 from Prosecuting Attorney Justin Kollar to the Kauai Police Commission, thanking several members of the Kauai Police Department for their unselfish dedication of time and expertise to help recover the remains of Nancy Baugh. Vice Chair Iona moved to receive item KPC Chair O'Connor entertained a motion to receive item KPC 2013 -20 for the 2013 -20 for the record. Commissioner Kanekoa record. seconded. Motion carried 5:0 Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 5 SUBJECT DISCUSSION ACTION KPC 2013 -22 Copy of a communication dated 10/2/2013 from Chief of Police Darryl Perry to Mr. Lonnie Sykos, thanking him for his kind words of support and for sharing his concerns with the Chief. Mr. Lonnie Sykos stated that he is here this morning to see if there were questions from the Commission or the Police Department relative to some of the concerns that he raised in his letter and to ask if there was anything he could do as a citizen to help his local neighborhood police. He noted that his letter was not meant to criticize anyone, but as a statement of reality to make the public understand that we are all in this together. Vice Chair Iona thanked Mr. Sykos for coming before the Commission to share his concerns in a constructive way however, in terms of balancing the budget the Police Department can only rely on the appropriation of funds it receives during the budget review process in which he believes the County revenues are mostly generated from the tourism industry. He stated that as a Police Commissioner he wants only the best for the Police Department but realizes that there are other departments in the County that also feel that certain people should be paid at a higher level. He commented that there is no crystal ball that favors one department over the other, but one thing that he is assured of is that everyone can all agree that the safety of the community comes first. Commissioner Francisco thanked Mr. Sykos for providing a voice for the community through his letter because much too often he sees letters to the editor that are published in the Garden Island newspaper where he would rather hear comments made in a formal forum because he feels the minority voices really do matter. He also thanked Mr. Sykos for bringing some excellent perspectives and for taking the time to come to the meeting. Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 6 SUBJECT DISCUSSION ACTION Deputy Chief Contrades thanked Mr. Sykos on behalf of Chief Perry and the Kauai Police Department for his support and for taking the time to write his letter. He offered to talk to Mr. Sykos after the meeting about volunteerism or other mechanisms that could help the department in terms of the budget. Chair O'Connor thanked Mr. Sykos for sharing his concerns with the Commission; however some of the issues that were raised are not within the purview of the Police Commission. He stated that citizens' input and oversight is prevalent throughout the United States and that the Kauai Police Commission has a great system in place where the public can bring their complaints and actually be heard. With no further comments, Chair O'Connor called for a motion to receive item KPC 2013 -22 for the record. Vice -Chair Iona moved to receive item KPC 2013 -22 for the record. Commissioner Kanekoa seconded the motion. Motion carried 5:0 Announcements Next regular meeting is scheduled for Friday, November 22, 2013, at 9:00 a.m. at the Mo'ikeha Building, in Meeting Room 2A /2B. Executive Session to follow. Executive At 9:50 a.m. Vice -Chair Iona read the Hawaii Revised Statutes to bring Session 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 - Open Session October 25, 2013 Page 7 SUBJECT DISCUSSION ACTION ES -034: Pursuant to Hawaii Revised Statutes 02 -4, §92 -5 (a) (4), 92-9 (a) (1 -4) and (b), the purpose of this Executive Session is to receive and 922rove 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 this item, and to deliberate and take action deemed gppropriate: • Regular Executive Session minutes of September 27, 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 Count 'spowers, duties, privileges, immunities, and /or liabilities as they may relate to these items, and to deliberate and take action deemed gppropriate: 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 ES -036: KPC 2013 -12 Complaint filed on 9/23/13 alleges that an officer of the County's conduct was unbecoming, while being Questioned the officer displayed aggressive Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 8 SUBJECT DISCUSSION ACTION behavior towards the complainant ES -037: KPC 2013 -13 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 ES -038 Discussion and decision - making on the 2013 Performance Evaluation for the Chief of Police: a. Selection of potential Stakeholders ES -039 Communication dated 8/19/13 from Chief of Police Darryl Perry to Chair James R. O'Connor and Vice -Chair Charles Iona, regarding a complaint that was filed with the Inspector General with respect to misconduct allegations against senior officers in the Honolulu Local EEOC agency ES -040 Communication dated 9/23/13 from Chief of Police Darryl Perry to Chair James R. O'Connor, transmitting for the Commission's records copies of the Certificate of Compliance with Requirements for Employment of a Retirant ES -041 Disposition of notarized Police Commission complaints filed by the public from January to September 2013 Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 9 SUBJECT DISCUSSION ACTION Chair O'Connor called for a motion to take the meeting into Executive Commissioner Kanekoa moved to take the Session. meeting into Executive Session. Commissioner Okami seconded the motion. Motion carried 5:0 At 9:52 a.m. the Commission entered into Executive Session. Return to Open At 11:15 a.m. the Commission reconvened in Open Session. Chair Vice -Chair Iona moved to ratify the actions Session to ratify O'Connor called for a motion to ratify the actions taken in Executive taken for items ES -33 and ES -034 through ES- the actions taken Session for items ES -33 and ES -034 through ES -041. 041. Commissioner Okami seconded the in Executive motion. Motion carried 5:0 Session ES -33: (On- going) ES -034: Motion carried 5:0 to approve the Executive Session meeting minutes as circulated. ES -035: KPC 2013 -011: Motion carried 5:0 to defer item ES -035 to the next meeting in November. ES -036: KPC 2013 -012: Motion carried 5:0 not to sustain the complaint. ES -037: KPC 2013 -13: Motion carried 5:0 to defer item ES -037 to the next meeting in November. Kauai Police Commission Regular Meeting - Open Session October 25, 2013 Page 10 SUBJECT DISCUSSION ACTION ES -038: Motion carried 5:0 to accept the list of names selected as stakeholders. ES -039: Motion carried 5:0 to receive the communication dated 8/19/13 for the record. ES -040: Motion carried 5:0 to receive the communication dated 9/23/13 for the record. ES -041: Motion carried 5:0 to receive the report on the disposition of notarized complaints filed by the public from January to September 2013 for the record. Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn the meeting. Commissioner Okami seconded the motion. Motion carried 5:0 At 11:16 a.m. the meeting adjourned. Submitted by: Mercedes Youn, Staff Support Clerk (X) Approved as circulated on 11/22/13. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: James R. O'Connor, Chair