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Home My WebLink About01-24-14 KPC Approved minutes_Open Session(CZ) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : KAUAI POLICE COMMISSION Meeting Date January 24, 2014 Location Mo' ikeha Building, Meeting Room 2A/213 Start of Meeting: 9 : 01 a.m. End of Meeting : 11 : 11 a.m. Present Chair Charles C .C. Iona; Vice Co-Chair' s : Bradley Chiba and Alfredo Nebre Jr. ; Members : James R. O ' Connor, Ernest Kanekoa Jr. , Donald Okami Sr. Also present: Deputy County Attorneys Mauna Kea Trask and 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; Assistant Chief Roy Asher; Captain Richard Rosa; Sergeants Kennision Nagashisa and Jason Overmyer; Officers Richard Brown and Hanson Hsu. Excused Commissioner Randall Francisco Absent SUBJECT DISCUSSION ACTION Chair Iona called the meeting to order at 9 : 01 a.m. with six (6) Commissioners present to ascertain a quorum. Approval of Regular Open Session Minutes of December 27, 2013 . Co-Vice Chair Nebre moved to approve the Minutes meeting minutes as circulated. Commissioner O ' Connor seconded the motion; motion carried 6 : 0 Recognition for Reading the recognition for Officer of the month Joseph Himongala was Officer of the Sergeant Kennison Nagahisa. Sergeant Nagahisa stated that during the month for month of December, Officer Himongala received three commendations : January two for excellent work ethics regarding criminal investigations, and the other for traffic enforcement. Chief Perry presented Officer Himongala with a Certificate of Outstanding and Exemplary Services for his hard work and diligence in keeping the community safe. Recognition of Special Recognition went to following the Top Traffic Enforcers for 2013 : Kauai Police Commission Regular Meeting - Open Session January 24, 2014 Page 2 SUBJECT DISCUSSION ACTION the Top Traffic Enforcers for Officer Nelson Gabriel — Mobile electronic device prohibited while 2013 operating a motor vehicle; Officer Vernon Scribner — Seat belt and child restraints ; Officer Richard Brown — Speeding; Officer Hanson Hsu — OVUII and Top Citation Enforcer for 2013 Receiving the recognition on behalf of Officers Nelson Gabriel and Vernon Scribner were Captain Richard Rosa and Sergeant Jason Overmyer. Chief Perry presented each officer with a Certificate of Outstanding and Exemplary Services . Chiefs Monthly 1 . Administrative, Technical Services & Training Reports/Orders Reports 2 . Fiscal Report 3 . Investigative Services Bureau 4. Patrol Services & Traffic Reports 5 . Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief' s announcement and pertinent updates Chief Perry shared with the Commission that the 2014 legislative session is upon us and any bills that come their way will be shared with the Police Commission and placed online for the public to view. He stated that the Police Department will be working closely with the Administration on the FY 2014- 15 budgets . He noted that the budget will be tight and they have cut as much as they could to stay within the budgetary constraints. Business KPC 2013 -01 Discussion on the 2014 Goals and Objectives for the Kauai Police Department. Chair Iona called for a motion to receive item KPC 2014-01 for the record. Commissioner Kanekoa moved to receive the Kauai Police Commission Regular Meeting - Open Session January 24, 2014 Page 3 SUBJECT DISCUSSION ACTION item for the record. Co-Vice Chair Nebre seconded the motion; motion carried 6 : 0 KPC 2014-02 Public announcement for notarized complaint ES : 047 : KPC 2013 -014 that was filed by a member of the public . Chair Iona read the public announcement into the record. Complaint filed on November 8, 2013 alleges that the officer demonstrated an aggressive behavior towards the complainant. Based on its findings, the Commission found that there was insufficient information to prove the allegation 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 -014. Announcements Next monthly meeting is scheduled for Friday, February 28 , 2014, at 9 : 00 a.m. at the Mo' ikeha Building — Meeting Room 2A/2B, followed by Executive Session. Executive At 9 :27 a.m. Co-Vice Chair Chiba read the Hawaii Revised Statutes to Session items bring the meeting into Executive Session. ES-33 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-046 ES-046 : Pursuant to the Hawaii Revised Statutes §92-4, §92-5 (a) (2) and 4), the Kauai Police Commission Regular Meeting - Open Session January 24, 2014 Page 4 SUBJECT DISCUSSION ACTION 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 October 23 , 2013 , 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 (On-going ES-001 ES : 001 : Pursuant to the Hawaii Revised Statutes § 92-4, §92-5 (a) (4), §92-9 (a) ( 1 - 4) and (b), the purpose of the Executive Session is to 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 powers, duties, privileges, immunities, and/or liabilities as they may relate to this item: Regular Executive Session meeting minutes of December 27, 2013 ESAU * Pursuant to the Hawaii Revised Statutes § 92-4, §92-5 (a) (2) (4) and (8), KPC 2013-015 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 : ES-002 : KPC 2013 -015 Complaint filed on December 16, 2013 against an officer of the County alleging abuse of authority, lack of professionalism, excessive and Kauai Police Commission Regular Meeting - Open Session January 24, 2014 Page 5 SUBJECT DISCUSSION ACTION unnecessary use of force, serious misconduct and harassment. ES-003 : ES-003 : KPC 2013 -016 KPC 2013-016 Complaint filed on December 16, 2013 against an officer of the County alleging abuse of authority, lack of professionalism, excessive and unnecessary use of force, serious misconduct, and verbal harassment. ES-004 : ES-004 : KPC 2014-001 KPC 2014-001 Complaint filed on January 2, 2014 against an officer of the County alleging that the officer left a juvenile out on the street without checking to see if the mother was at home; the juvenile was able to get into the house at 10 : 00 p.m. ES-005 Quarterly Report from Chief of Police Darryl Perry regarding the disposition of notarized complaints that were filed by citizens with the Police Commission from January to December 31 , 2013 . Chair Iona called for a motion to enter into Executive Session. At 9 : 32 a.m. Commissioner Kanekoa moved to enter into Executive Session. Commissioner Okami seconded the motion; motion carried 6 : 0 . Return to Open At 11 : 10 a.m. the Commission reconvened in Open Session. Commissioner O ' Connor moved to ratify the Session to ratify actions taken in Executive Session for the the actions in following items : Executive Session ES-33 (On-going) ES-046: Motion carried 6 : 0 to accept letter of intent verifying the specifics of what actions will be taken. ES-001 : Motion carried 6 : 0 to approve the meeting minutes of December 27, 2013 as circulated. Kauai Police Commission Regular Meeting - Open Session January 24, 2014 Page 6 SUBJECT DISCUSSION ACTION ES-002 : KPC 2013 -015 : Motion carried 6 : 0 not to sustain the complaint. ES-003 : KPC 2013 -016 : Motion carried 6 : 0 not to sustain the complaint. ES-004 : KPC 2014-001 : Motion carried 6 : 0 to sustain the complaint. ES-005 : Motion carried 6 : 0 to received item ES-005 for the record. Adjournment Chair Iona called for a motion to adjourn the meeting. Commissioner O ' Connor moved to adjourn. Commissioner Okami seconded the motion; motion carried 6 : 0 At 11 : 10 a.m. the meeting adjourned. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles C .C . Iona, Chair (X) Approved as circulated on 2-28- 14 ( ) Approved as amended. See minutes of meeting.