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HomeMy WebLinkAbout03-28-14 KPC Open Session_1mapproved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : KAUAI POLICE COMMISSION Meeting Date March 28, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 :01 a.m. End of Meeting: 9 : 58 a.m. Present Chair Charles C .C . Iona ; Members : Ernest Kanekoa Jr, Randall Francisco, James O ' Connor; Donald Okami Sr. Also Deputy County Attorney Jennifer Win; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrative Aide Teresa Tamura; Deputy County Attorney Steve Hall; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Excused Vice Chair Alfredo Nebre Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order with five (5) Commissioner' s present to ascertain a quorum. Approval of Regular Open Session Minutes of February 28, 2014. Minutes Officer of the Reading the recognition report for Detective Kenneth Cummings was month for Acting Lieutenant Bryson Ponce. February (Deferred on Detective Cummings was recognized for being instrumental in February 28, coordinating the investigation of a robbery that occurred at the Kapa` a 2014) Bank of Hawaii in late January. Under his leadership and quick action by is follow police officers the suspect was arrested in a timely manner and is now awaiting trial for First Degree Robbery. Chief Perry presented Detective Cummings with a Certificate of Outstanding and Exemplary service for his role in capturing the individual responsible for robbing the bank. Commissioner Francisco thanked Detective Cummings, on behalf of the business community for his diligence and leadership that led to the arrest of the bank robbery suspect. Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 2 SUBJECT DISCUSSION ACTION Chair Iona stated that the community now realizes that Kauai has many silent hero ' s that forms the Blue Army. In what he believes was an abnormal situation, Detective Cummings along with his fellow police officers diligently pounded the beat resulting in the apprehension of the individual responsible for the crime . Chair Iona expressed his heartfelt appreciation to Detective Cummings on behalf of the Police Commission for a job well done. Chiefs Monthly 1 . Administrative, Technical and Training Reports Report 2 . Fiscal Report 3 , Investigative Services Bureau 4. Patrol Services and Traffic Reports 5 , Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief' s Announcements and Pertinent Updates Commissioner O ' Connor said that he recently read article in the newspaper that the County is going to be reimbursed for the cost of having extra police personnel present during the GMO demonstrations. He asked Chief Perry if the reimbursement would be reflected back into the department ' s budget as a credit for the Patrol Division. Chief Perry stated that to date no one has contacted the Police Department but if it holds true the department would need to go through Council to accept the money which he believes will be reflected back into the Patrol Division' s budget. Commissioner Francisco mentioned that he saw a notice in the Garden Island Newspaper regarding fiscal year 2014- 15 budget call-backs. He stated that as a Commissioner he would like to show his support by being Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 3 SUBJECT DISCUSSION ACTION readily available when it comes time to advocate for the department' s budget incentives . Chair Iona stated that he would like to encourage his fellow Commissioner' s to support the Police Department by attending the budget session on April 8, 2014. He mentioned that members of the community have expressed their concerns to him about any budget shortfall in the Police Department that could lead to cutbacks in police services. Chief Perry stated that he understands that the County and the State are facing fiscal issues and will do everything he can to work within the department' s fiscal constraints, but if the budget is reduced any further it would definitely have an impact on police services. He shared with the Commission that the department is looking at technology as a means to be more efficient; they have even scrutinized their scheduling and made some adjustments where needed. Chief Perry shared with the Commission that the department made a request for a money bill in the amount of $500,000 in response to the collective bargaining agreement, but the request had to be subsequently rescinded because the Police Department received a replenishment in their budget from the Administration. Chief Perry stated that during the budget review with the Administration, the Mayor expressed his concerns about KPD ' s substantive overtime expenditures in personnel cost is larger compared to the other counties. Chief Perry stated that the information may have been misunderstood because it' s like comparing apples to oranges . He went on to explain that the Kauai Police Department has one hundred and fifty-five sworn officers Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 4 SUBJECT DISCUSSION ACTION compared to the Honolulu Police Department with twenty-two hundred sworn officers mainly because they have been increasing their staffing for the past twenty-five years. He stated that it is no secret the Kauai Police Department has had no increases in beat expansions for quite some time and the call for services has gone up from twenty thousand to forty thousand resulting in an increase in demand for police services not just for the Kauai Police Department but for public service safety in general . Chief Perry stated that the latest attempt to get more officers for a beat expansion came through the Cops Grant which required matching funds. He added that although the Council approved to match the funds it was a struggle to push it through. He stated that when concerns surfaced about the KPD ' s overtime budget being substantive larger than the other counties the department took it upon itself to address the concerns by reaching out to the other counties . He stated that he spoke to Big Island Police Chief Harry Kubojri and was told that his presentation to the County Council included a financial and statistical formula on population ratios and that the County Council approved ten (10) new positions because they realized that there was a need for additional positions. Chief Perry stated that KPD will continue to push for additional positions because the department is under staffed compared to the other counties . Commissioner Kanekoa asked if the Commission' s training budget for FY 2014- 15 was taken out or reduced. Chief Perry replied that training budget for the Commission has been reduced but the department will work with Commission to ensure that the training continues. Chair Iona stated that the Police Commission will always be an advocate for the Police Department and it will try to get as much as it can for the department to operate properly. He stated that although Kauai has the Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 5 SUBJECT DISCUSSION ACTION smallest population ratio in the State one thing that must be considered is the amount of visitors it receives . He stated that he understands the Administration' s concerns regarding overtime expenditures in personnel cost, and is grateful to the Chief for pointing out how important it is to calculate population ratios to show the relationship of one population to another. He stated that as a small police department when a crime is committed whether big or small it will continue to expand which why he felt the time to address the overtime expenditures should happen now and not be allowed to remain status quo . Commissioner Francisco reiterated to the public as a reminder that both he and former Chair O ' Connor attended a Council meeting to support the Chief in regards to having successfully obtained federal funding for eight (8) police officer positions. He shared with the Commission that as a business person one of his pitch lines that he uses "is learning to do more with less" however true one cannot cut corners to the point where there isn't any more to cut. He stated that he wanted to reaffirm to the Council and the Mayor that their leadership also has provided very important benchmarks one of which was filling the vacant positions in the police department and securing the Cops Grant. Commissioner Okami stated that the Kauai Police Department spent decades trying to fill these vacant positions and when it finally got close no one considered the breakdown of the population including factors such as tourism, crime and population increases versus the amount of police officers. He noted that the County should not wait until something dramatic happens and then say "oh we should have looked at these factors". Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 6 SUBJECT DISCUSSION ACTION Chair Iona asked about the status of traffic fatalities on Kauai. Chief Perry replied that Lieutenant Jon Takamura will be presenting a report on traffic fatalities that happened six years ago at the next meeting. The report will include a breakdown on contributing factors; areas where enforcement; why it is important to focus on driving under the influence; and distracted drivers . Chief Perry made the following announcements : • April 15th is the start of the Yd Police Citizens Academy with twenty-three participants; • May 51h the department will be stating its 85th recruit class; • April 13th to 19th is National Telecommunications Week; • Deputy Chief Michael Contrades and Assistant Chief Roy Asher are both attending the National Academy FBI Conference on the Big Island of Hawaii; • Assistant Chief Alejandre Quibilan has been reassigned as Commander of the Investigative Services Bureau; and • Assistant Chief Roy Asher has been reassigned as Commander of the Patrol Division Public ES-007 : KPC 2013 -017 Announcements Complaint filed on December 23 , 2013 alleges that the Kauai Police Department and the Office of the Prosecuting Attorney failed to investigate and arrest the suspect who assaulted the complainant in an incident that occurred on December 5 , 2012 . Based on the findings, the Commission found that there was insufficient evidence to uphold the allegations in the complaint and 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 -017 . Kauai Police Commission Regular Meeting - Open Session March 28, 2014 Page 7 SUBJECT DISCUSSION ACTION ES-009 : KPC 2014-003 Complaint filed on February 3 , 2014 alleging that the behavior of an officer of the County was unacceptable, inappropriate, lacked knowledge of the law, threatening and intimidating, showed disregard for immediate damage and potential future damage and loss to the property. Based on the findings, the Commission found that there was insufficient evidence to uphold the complaint and 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 2014-003 . Executive ES-33 At 9 : 33 a.m. Chair Iona read the Hawaii Session Pursuant to the Hawaii Revised Statutes §92-4 and § 92-5 (a) (4), the Revised Statutes to bring the meeting into purpose if this Executive Session is for the Commission to consult with its Executive Session. 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-013 Pursuant to the Hawaii Revised Statutes § 92-4, §92-5 and (a) (4), § 92-9 (a) (1 -4) and (b), the purpose is for the Commission to approve the following Executive Session minutes and to consult with its attorney 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: Regular Executive Session meeting minutes of February 28 , 2014 . Return to Open At 9 : 58 a.m. the meeting reconvened in open session. Chair Iona called for ES-33 : On-going Session to ratify the motion to ratify the actions taken by the Commission in Executive the actions taken Session. ES-013 : Motion carried 5 : 0 to approve the in Executive meeting minutes as circulated. Session Kauai Police Commission Regular Meeting - Open Session March 28 , 2014 Page 8 SUBJECT DISCUSSION ACTION Adjournment Chair Iona called for the motion to adjourn. At 9 : 58 a.m. Commissioner Kanekoa moved to adjourn the meeting. Commissioner O ' Connor seconded the motion. Motion carried 5 : 0 Submitted by: Reviewed and Approved by: Mercedes Youn, Commission Support Clerk Charles C .C . Iona, Chair (x) Approved as circulated on April 30, 2014. ( ) Approved as amended. See minutes of meeting.