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HomeMy WebLinkAbout12-27-13 KPC Open Session Minutes_approved1m(bd)(tt)COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: KAUAI POLICE COMMISSION Meeting Date December 27, 2013 Location Mo'ikeha Building, Meeting Room 2A /2B Start of Meeting: 9:01 a.m. End of Meeting: 11:01 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; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Assistant Chief Roy Asher; Captain Sherwin "Kaleo" Perez; Lieutenants Richard Rosa, Robert Gausephol; Police Officers Troy Sakaguchi and Colin Nesbitt. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair O'Connor called the meeting to order at 9:01 a.m. Approval of Regular Open Session Minutes of November 22, 2013 Commissioner Kanekoa moved to approve the Minutes meeting minutes of November 22, 2013 as circulated. Commissioner Okami seconded the motion. Motion carried 7:0 Special Open Session minutes of November 27, 2013 Commissioner Kanekoa moved to approve the special meeting minutes of November 27, 2013 as circulated. Commissioner Chiba seconded the motion. Motion carried 7:0 Employee Officer Troy Sakaguchi was recognized by Officer Colin Nesbitt for his Recognition for work in the apprehension of a repeat car burglar. With a rise of car break - the month of ins across the island during the months of September and October, Officer December Sakaguchi took the initiative to conduct additional research on the circumstances of each crime, which resulted in the arrest of a single suspect on six counts of unauthorized entry into a motor vehicle. Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 2 SUBJECT DISCUSSION ACTION Chief Perry presented Officer Sakaguchi with a certificate of outstanding exemplary services for his investigative skills that lead to the arrest of a suspect and the recovery of various stolen items. Commendation There were two letters of commendation received involving five employees Report in the Kauai Police Department. Assistant SAC Robin Dinlocker of the Drug Enforcement Administration/US Department of Justice wrote to commend and extend her ersonal gratitude to Sergeant Elliott Ke, Officer Arnold Cayabyab and Ms. ohnette Chun for their assistance and support during the 7th DEA National Drug Take -Back Initiative. Ms. Lisa Arin, Deputy Prosecuting Attorney wrote to express her gratitude and sincere respect for the professional work by Detective James Kurasaki and Sergeant Mark Ozaki in a case that resulted in the defendant receiving a enty ye ar prison term. Chiefs Monthly • Administrative, Technical Services & Training Reports /Orders Report • Fiscal Report • Investigative Bureau • Patrol Services Bureau and Traffic Reports • Community Oriented Policing Traffic Safety Unit and District Reports • Chief's Announcements and Pertinent Updates included the following: • December 23rd the Kauai Police Department held its annual "Shop with a Cop" event. Rose Carrillo of the Children's Justice Center and K -Mart Manager Garrett Ketchna assisted the officers who participated in the program. • Chief Perry announced the retirement of the following personnel in the Kauai Police Department: Captain Kaleo Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 3 SUBJECT DISCUSSION ACTION Perez, (28 years of service) Detective Vicki Fonoimoana, (25 years of service) and Police Officer Jerald J.Y. Kim, one month shy of twenty -eight years of service; Dispatchers Norma Christian (19 years of service); Bridget Rivera (22 years of service). • Special acknowledgement went to First Deputy County Attorney Amy Esaki for assisting the department with its legal matters. Ms. Esaki will be retiring at the end of the month. • Graduation Ceremony for the 84th Police Recruit Class will be held at 3:00 p.m. today at the Kauai Community College. • County Council has approved the Cops Grant. The money will be used to create a new beat in the Kawaihau district in fiscal year 2014 -15. • Chief Perry shared with the Commission that he received a phone call from an irate visitor complaining about the length of time it took the Police Department to complete its investigation regarding the recent two- vehicle accident in which one of the vehicles caught on fire. He pointed out to the community that this type of investigation takes a lot of time because the officers need to secure the area and treat it as a crime scene for a potential civil law suit. Vice Chair Iona extended his personal gratitude to retiring KPD Captain Kaleo Perez. He shared with the Commission that since moving to Kauai in 2007 Captain Perez has been nothing but helpful to him as well as the entire Westside community. Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 4 SUBJECT DISCUSSION ACTION In response to the unfavorable remarks made by a visitor targeting the actions of KPD, Commissioner Francisco stated that he wants all visitors to know that when it comes to situations like this they should be patient because a need may arise where they might need the assistance of KPD, and that most visitors do not know the extent of work that the Kauai Police De artment and the people of Kauai provides. Communications KPC 2013 -25 Copy of a communication dated December 6, 2013 from Lisa R. Arin, Deputy Prosecuting Attorney, to Darryl D. Perry, Chief of Police, thanking Lead Detective James Kurasaki and Investigating Officer Sgt. Mark Ozaki for their professional work that resulted in the defendant receiving a twenty (20) year prison term. Chair O'Connor called for a motion to receive item KPC 2013 -25. Vice Chair Iona moved to receive item KPC 2013 -25 for the record. Commissioner Kanekoa seconded the motion. Motion carried 7:0 Business KPC 2013 -26 Selection of 2014 Chair and Vice Chair Chair O'Connor opened the floor for nominations. Commissioner Kanekoa moved to nominate Vice Chair Iona to the position as Chair for 2014. Commissioner Okami seconded the motion. Motion carried 7:0 Vice Chair Iona stated that he would like to nominate Commissioner Nebre Vice Chair Iona moved to nominate to the position as Vice Chair to which Commissioner Kanekoa seconded the Commissioner Nebre to the position as Vice motion. Commissioner Kanekoa then stated that he would like to nominate Chair for 2014. Commissioner Kanekoa Commissioner Chiba to the position of Vice Chair to which Commissioner seconded the motion. Motion died due to a lack Nebre seconded the motion. of a vote. Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 5 SUBJECT DISCUSSION ACTION Commissioner Kanekoa moved to nominate Commissioner Chiba to the position of Vice Chair for 2014. Commissioner Nebre seconded the motion. Motion died due to a lack of a vote. Commissioner Francisco noted that he would rather the Commission have an open voting process. Deputy County Attorney Winn pointed out to the Commission that the rules do not provide specifics on how to avoid this type of situation. She suggested that the Chair call for the vote for each separate nomination otherwise, both nominees would share the title of co- chairs if the majority votes. Vice Chair Iona pointed out that having two co- vice chairs would be advantageous to the Commission. Commissioner Francisco asked for clarification on whether the rules would allow the Commission to have two co -vice chairs to which Deputy County Attorney Winn replied that the Commission's rules does not speak of it. Commissioner Francisco noted that he would not have a problem with having two -co -vice chairs. Deputy County Attorney Winn stated that at this point because there are two nominations on the floor the Commission should take a vote however, if the Commission wants to it could just make another motion to have two co -vice chairs for 2014. Commissioner Kanekoa moved to nominate Commissioners Chiba and Nebre to the position of Co -Vice Chairs for 2014. Commissioner Okami seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 6 SUBJECT DISCUSSION ACTION KPC 2013 -27 Approval of the 2014 Police Commission Meeting Schedule. Vice Chair Iona moved to approve the 2014 Police Commission schedule as circulated. Commissioner Nebre seconded the motion. Motion carried 7:0 KPC 2013 -28 Public announcement for the following notarized complaints that was filed by the members of the public: Chair O'Connor read the public announcement into the record. Complaint filed on September 17, 2013 alleges that an officer of the County engaged in activities that inferred that the complainant was engaged on criminal conduct. Based on the information received, the Commission found that there was insufficient evidence to prove the 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 -011. KPC 2013 -29 Discussion and decision - making to formulize the support of the Kauai Police Department's request to County Council for approval of the multi - ,grant in the amount of $750,000, and to notify the County of Kauai Police Commission's support and adoption of a five -year KPD Planning Process. Vice Chair Iona moved to ratify the Chair O'Connor stated that at a recent meeting, the County Council voted to Commission's support of the Kauai Police approve funding to match the multi -year grant in the amount of $750,000. Department's request to the County Council for He shared with the Commission that it was his understanding that the the acceptance and approval of the multi -year Commission agreed that it would support the request and therefore would grant in the amount of $750,000. Commissioner like the Commission to make a formal motion in support of the grant. Nebre seconded the motion. Motion carried 7:0 Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 7 SUBJECT DISCUSSION ACTION In addition, Chair O'Connor mentioned that Chair Furfaro brought to his attention that he would also like to see KPD adopt a five -year a multi -year plan with the support of the Police Commission. Chief Perry explained that when he was first appointed in October 2007 the department did not have a strategic plan and to create one he used a plan similar to the Honolulu Police Department to mirror the outcome desired that is exclusive to the department's vision and mission statement. However, due to the ramifications of the economic downturn his five -year strategic plan was greatly affected, but still in place. In regard to Council's approval of the COPS Grant he understands that there is a need for a new plan, and would like to bring in someone with expertise on strategic planning to assist the department not only for the next five -years but going forward to the next ten years and so forth. However, like any other plan the danger of having a strategic plan is that it locks you in, which can be very costly especially if no follow -up is implemented. Chief Perry stated that he would like the five - year plan to be dynamic and fluent enough to allow changes, but that can only happen with the help of a professional. He asked the Commission for its support in this endeavor and that the document would be a living document. Chair O'Connor noted that the strategic plan would help the department with its accreditation process. Vice Chair Iona commented that having a strategic plan in place is great, but the political side of it, whether purposeful or not, can derail some of the department's goals and he just wants the Chief to be aware of it. Commissioner Francisco thanked Chair O'Connor for bringing up the accreditation process because as the department begins to move forward he would like the plan to be organic and not set in stone simply because life is not like that. He suggested that the department incorporate things that are essential with the accreditation process, in -line with best practices and the Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 8 SUBJECT DISCUSSION ACTION budget. Chair O'Connor asked whether it would be appropriate for the Commission to make a motion in support of adopting a five -year planning process. Commissioner Francisco asked if it would be appropriate at one point for the Commission to go before the County Council to ask them if they would be providing the money for it simply because it was their idea, and more so because the current fiscal budget does not have the funds. Chair O'Connor stated that he believes the County Council is aware that the Police Department does not have the funds in its budget, but expects something in next fiscal year's budget. Chief Perry noted that they would make sure that the costs are included in their next fiscal year's budget for Council's approval. Vice Chair Iona moved to support and recommend the adoption of a five -year planning process in the Kauai Police Department. Commissioner Nebre seconded the motion. Motion carried 7:0 Announcements • Graduation Ceremony of the 84th Police Recruit Class will be held on Friday, December 27, 2013 at 3:00 p.m. at the Kauai Community College, Lihu`e, Kauai. • Next monthly meeting — Friday, January 24, 2014 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A /2B, followed by Executive Session Executive ES -33: Session 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 Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 9 SUBJECT DISCUSSION ACTION they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission (On- going) ES -038: Discussion and decision - making on the 2013 Performance Evaluation for the Chief of Police (On-going) ES -046: Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is to consider an EEOC complaint that was brought against a member of the Kauai Police Department referred by a letter dated 10/23/13, 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 item: (a) Communication dated November 27, 2013 from First Deputy County Attorney Amy I. Esaki to Mr. Daniel Hempey, relating to a EEOC complaint that was brought against a member of the Kauai Police Department referred by a letter dated October 23, 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 Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 10 SUBJECT DISCUSSION ACTION they may relate to these items, and to deliberate and take action deemed appropriate: ES -047: KPC 2013 -014 Complaint filed on November 8, 2013 alleging that the conduct of an officer of the County was unbecoming by being bias, unfair, and dereliction of duty. ES -048: Communication dated December 4, 2013 regarding a request for reconsideration of a decision relating to notarized complaint KPC 2013 -013 filed on September 17, 2013. ES -049: 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 items, and to deliberate and take action deemed appropriate: • Regular Executive Session meeting minutes of November 22, 2013 • Special Executive Session meeting minutes of November 27, 2013 Commissioner Kanekoa moved to enter into Chair O'Connor called for a motion to enter into Executive Session. Executive Session. Commissioner Nebre seconded the motion. Motion carried 7:0 At 9:52 a.rn. the Commission entered into Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Page 11 SUBJECT DISCUSSION ACTION Executive Session. Return to Open The Commission reconvened at 11:01 a.m. Chair O'Connor called for a Commissioner Kanekoa moved to ratify the Session motion to ratify the actions taken in Executive Session. actions taken by the Police Commission in Executive Session for the following items: Commissioner Chiba seconded the motion. ES -33: (On- going) ES -038: Motion carried 7:0 to receive item ES- 038 for the record. ES -046: Motion carried 7:0 to receive item ES- 046 for the record. ES -047: KPC 2013 -014: Motion carried 7:0 not to sustain the complaint. ES -049: Motion carried 7:0 to approve the meeting minutes of November 22, 2013 and November 27, 2013 as circulated. Motion carried 7:0 Adjournment Chair O'Connor called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn the meeting. Commissioner Chiba seconded the motion. Motion carried 7:0 At 11:01 a.m. the meeting adjourned. Kauai Police Commission Regular Meeting - Open Session December 27, 2013 Submitted by: Mercedes Youn, Staff Support Clerk ( x) Approved as circulated January 24, 2014. ( ) Approved as amended. See minutes of meeting. Page 12 Reviewed and Approved by: Charles C.C. Iona, Chair