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HomeMy WebLinkAbout02-28-14 KPC Minutes Open Session(CZ) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : KAUAI POLICE COMMISSION Meeting Date February 28, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 03 a.m. End of Meeting: 11 : 12 a.m. Present Chair Charles C .C . Iona; Vice-Chair Alfredo Nebre Jr. ; Members : Ernest Kanekoa, Randall Francisco, James R. O ' Connor, Donald Okami Sr. Also present: First Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Police Chief Darryl Perry; Deputy Chief Michael Contrades; Acting Lieutenant Bryson Ponce; and Detective Bernard Purisima. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order with six (6) Commissioners present to ascertain a quorum. Approval of Regular Open Session Minutes of January 24, 2014. Commissioner Okami moved to approve the Minutes minutes as circulated. Vice Chair Nebre seconded the motion. Motion carried 6 : 0 Officers of the Reading the recognition was Acting Lieutenant Bryson Ponce. Detectives Month for Bernard Purisima and Kenneth Cummings were recognized for their February superior performance in a Criminal Investigation of two high profile cases Detectives that involved a murder investigation and a bank robbery. In both cases, Kenneth each served as a central depository for numerous clues, information and Cummings and evidence gathered by other investigators assigned to the cases. It was their Bernard responsibility to decipher each item and set the course to either Purisima corroborate, discredit, and where warranted preserve for use in the multiple proceedings whether it be for search warrants, arrest warrants including all court proceedings that would follow. As a result of their efforts a timely arrest was made one within a week; the latter within twelve hours of the perpetrating crimes . Commissioner Francisco shared with the Commission that earlier this Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 2 SUBJECT DISCUSSION ACTION year, the Kauai Chamber of Commerce, in collaboration with the law enforcement community, held a press conference to collectively make a statement to the media that they are committed to start the new year right and every wrong, in due time, will be corrected. He commended the detectives for their investigative work and stressed how important it is to send a message that the community will not tolerate this type of behavior. Chair Iona stated that it is incumbent upon this body to give kudos where it' s meant to be given. He thanked the detectives for their hard work, and stated that the Commission will continue to pray for their safety as they continue to do their work to keep the community safe. Commendation The following hree (3) letters of commendation were received involving Report ten ( 10) employees in the Kauai Police Department. • The Honorable Florence Nakakuni, Attorney for the District of Hawai ` , wrote to commend Sergeant Darren Rose and Officers Eric Caspillo, Arnold Cayabyab, Charles Dubocage, Ginny Pia, Paris Resinto and Mark Stulpe for their outstanding support and dedication with an investigation and federal prosecution of an individual which resulted in a verdict of guilty in three (3) felony drug trafficking counts . • Mr. Robert Thompson wrote that after filing a complaint Officers Bill Burns and Bobby Thompson offered suggestions on what steps he could take to prevent any further occurrences. He expressed how grateful he was for their assistance and advice, which helped to resolve the situation. Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 3 SUBJECT DISCUSSION ACTION • Ms. Wendy Castillo of St. Theresa School wrote to thank Sergeant Mark Ozaki for arranging for an officer to participate in the St. Theresa' s Career Day, and Officer Mark Stulpe for taking the time to speak to students about his occupation as a police officer. In addition, Chief Perry shared with the Commission an email he received from Honolulu Police Chief Louis Kealoha, thanking him for sending the Kauai K-PAL boxing team to Oahu for the re-opening of the boxing program. Presentation by Prosecuting Attorney Justin Kollar provided the Commission with a the Office of the PowerPoint presentation reflecting information on the K-9 Narcotics Prosecuting Detection Unit, a vital component of the Police Department' s narcotics Attorney enforcement efforts in the County; property crimes; unsolved homicides; website initiatives; and social media initiatives. Chiefs Monthly 1 . Administrative, Technical Services & Training Reports/Orders Report 2 . Fiscal Report 3 , Investigative Services Bureau 4, Patrol Services Bureau & Traffic Reports 5 , Community Oriented Policing Traffic Safety Unit and District Reports 6, Chief' s Announcements and Pertinent Updates Chief Perry reported that the department is in its final phase of completing its budget for fiscal year 2014- 15 . Chair Iona asked if the department is looking at extreme cuts for the new fiscal year as in the previous year. Chief Perry stated that the department is looking at some reductions particularly in the area of overtime. He stated that the department had to cut its operational budget significantly and still has many unmet needs ; however, they understand the fiscal constraints the County is facing and is doing anything they can to stay within the parameters that were delegated Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 4 SUBJECT DISCUSSION ACTION to them. Business Invitation to the 2014 State of Hawaii Police Commissioners ' Conference KPC 2014-03 scheduled for April 24-25 , 2014, on the Big Island of Hawaii hosted by the County of Hawaii Police Commission. Commissioner Francisco asked how many members can attend the conference this year. Chair Iona replied at this time only two members can attend, but they are trying to find other means of getting more members to attend. He noted that throughout the year the Commission has the opportunity to attend different conferences, but the two most important the Commission has always felt it should attend is the annual State of Hawaii Police Commissioners ' Conference and the Hawaii State Law Enforcement Officers Association Conference. KPC 2014-04 Chair Iona read into the record the following public announcement for notarized complaints that were filed by the public : 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 unnecessary use of force, serious misconduct and verbal harassment. Based on its findings, the Commission found that there was insufficient information to prove the allegations in the complaint and therefore the complaint was not sustained. The complaint will be 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 -015 . Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 5 SUBJECT DISCUSSION ACTION ES-003 : KPC 2013 -016 Complaint filed on December 16, 2013 against an officer of the County alleging abuse of authority, lack of professionalism, excessive use and unnecessary use of force, serious misconduct and verbal harassment. Based on its findings, the Commission found that there was insufficient information to prove the allegations in the complaint and therefore the complaint was not sustained. The complaint will be 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 -016. ES-004 : KPC 2014-001 Complaint filed on January 2, 2014 alleging that an officer of the County left a juvenile out on the street without first checking to see if the mother was at home; he was able to get into the house at 10 : 00 p .m. Based on its findings, the Commission found that there was sufficient information to uphold the allegations in the complaint and the complaint was sustained. The complaint will be 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 2014-001 . Announcements Next regular monthly meeting is scheduled for Friday, March 28, 2014 at 9 : 00 a.m. at the Mo' ikeha Building, Meeting Room 2A/2B, followed by Executive Session. Executive At 9 :49 a.m. Vice Chair Nebre read the Hawaii Revised Statues 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 Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 6 SUBJECT DISCUSSION ACTION 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 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 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 this item. (On-going) ES-006 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 minutes of January 24, 2014 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 they may relate to these items, and to deliberate and Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 7 SUBJECT DISCUSSION ACTION take appropriate action deemed necessary: ES-007: KPC Complaint filed on December 23 , 2013 alleging that the Kauai Police 2013-017 Department failed to investigate and arrest the suspect who assaulted the complainant in an incident that occurred on December 5 , 2012 . ES-008 : KPC Complaint filed on January 14, 2014 against four (4) officers in the Kauai 2014-002 Police Department alleging wrongful death, not rendering immediate aid, improper protocol, and moving evidence. ES-009 : KPC Complaint filed on February 3 , 2014 alleging that the behavior of an 2014-003 officer of the County was unacceptable, inappropriate, lacked knowledge, threatening and intimidating, showed disregard for immediate damage and loss of potential future damage and loss to the property owner. ES-010 Copy of a communication dated January 22, 2014 from a member of the public to Police Chief Darryl Perry, alleging that an officer of the County wrote an unnecessary notation on the driver' s traffic citation. ES-011 Communication dated February 14, 2018 from Henry Barriga to Chair Charles Iona, regarding a request that legal representation be provided for him relating to Civil No . 13 -00202 Lynell Tokuda, et al vs. Chris Calio, et al. ES-012 Request from Sherwin Perez that legal representation be provided for him by the County of Kauai relating to Civil No. 13 -00202 Lynell Tokuda, et al vs. Chris Calio, et al. Enter into Chair Iona called for a motion to enter into Executive Session. At 9 : 53 a.m. Commissioner O ' Connor moved to Executive enter into Executive Session. Commissioner Session Okami seconded the motion. Motion carried 6 : 0 Return to Open Chair Iona called for a motion to ratify the actions taken in Executive Commissioner Okami moved to ratify the actions Session to ratify Session. taken in Executive Session for items ES-33 , ES- the actions taken 046, ES-006, ES-007, ES-008, ES-009, ES-010, in Executive ES-011 , and ES-012 . Commissioner Kanekoa Session seconded the motion. Motion carried 6 : 0 Kauai Police Commission Regular Meeting - Open Session February 28, 2014 Page 8 SUBJECT DISCUSSION ACTION ES-33 : On-going ES-046 : Motion to carried 6 : 0 to receive a communication dated 02-07- 14 for the record. ES-006 : Motion carried 6 : 0 to approve the minutes of January 24, 2014 as circulated. ES-007 : KPC 2013 - 17 : Motion carried 6 : 0 not to sustain the complaint. ES-008 : KPC 2014-002 : Motion carried 6 : 0 to defer. ES-009 : KPC 2014-003 : Motion carried 6: 0 to not sustain the complaint. ES-010 : Motion carried 6 : 0 to receive the communication for the record. ES-011 : Motion carried 6 : 0 to grant the request for legal representation relating to Civil No. 13 - 00202 . ES-012 : Motion carried 6 : 0 to grant the request for legal representation relating to Civil No. 13 - 00202 . Adjournment Chair Iona called for a motion to adjourn the meeting. Commissioner Kanekoa moved to adjourn the meeting. Commissioner Okami seconded he motion. Kauai Police Commission Regular Meeting - Open Session February 28 , 2014 Page 9 SUBJECT DISCUSSION ACTION Motion carried 6 : 0 At 11 : 12 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 March 28, 2014 ( ) Approved as amended. See minutes of meeting.