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.
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Regular Meeting - Open Session
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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
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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
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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
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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".
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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 .
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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
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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.