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HomeMy WebLinkAbout04-30-14 KPC Open Session(CZ)(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date April 30, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 :02 a.m. End of Meeting: 10 :40a.m. Present Chair Charles C .C . Iona; Vice-Chair Alfredo Nebre Jr. ; Members : Randall Francisco and James R. O ' Connor Also present: Deputy County Attorney Stephen Hall; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Assistant Chief Roy Asher; Lieutenant Richard Rosa. Excused Commissioners Ernest Kanekoa Jr. and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order with four members present to ascertain a quorum. Approval of Regular Open Session Minutes of March 28, 2014. Vice Chair Nebre moved to approve the meeting Minutes minutes as circulated. Commissioner O ' Connor seconded. Motion carried 4 : 0 Commendation Assistant Chief Asher reported the following letters of commendation were Report received. Letter dated April 9, 2014 from Christopher and Henrietta Keller and John and Margaretta Bertram commending Officer Bill Burns for taking the time to assist them after they experienced car trouble. Officer Burn' s moral support and extra effort to see that they safely reached their destination was greatly appreciated. Letter dated April 16, 2014 from Ms. Michelle Panoke, Administrative Supervisor for the Kauai Food Bank, expressing her gratitude for Officer Stacey Perreira for assisting with traffic control at the Chamber of Commerce after hours event. Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 2 SUBJECT DISCUSSION ACTION Chief' s Monthly 1 . Administrative, Technical Services & Training Reports/Orders Reports 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 Commissioner Francisco stated that the Asset Forfeiture Report reflected a balance of $380,000 of a budget of $415 ,000 . He asked whether the funds that are not expended are carried over into the next year to which Commissioner O ' Connor replied no . Commissioner Francisco asked if the department has plans to utilize the remaining 91 % in the next four (4) months to which Assistant Chief Asher replied it is a decision for the Chief and the Deputy Chief to make. He added that the remaining 91 % cannot be used to run the department' s day to day operations because there are certain criteria on what the funds can be used for. Commissioner Francisco stated that if more cuts are made to the County' s budget he would urge the Police Department to take a proactive and realistic approach when it comes to the department' s expenditure plan. He requested that a plan be put forward by the next meeting. Chair Iona asked if the department is having a hard time filing the vacant nine (9) part time school crossing guard positions and whether it is a requirement or a necessity to have these positions. Assistant Chief Asher stated that the positions are hard to fill because it only pays for two hours of work. Chair Iona asked whether the positions are being filled by sworn personnel or left unattended to which Assistant Chief Asher replied the positions are left unattended unless the school has a special occasion planned. Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 3 SUBJECT DISCUSSION ACTION Chair Iona stated that he noticed a good number of outstanding warrants which he believes is probably due to staffing issues . He asked if the department has Special Ops to augment the warrants. Lieutenant Richard Rosa stated that the Police Department is utilizing what they call "the fast team", which targets high risk/high bail warrants ; so far they have been pretty successful. He stated that the department is using extra line officers solely dedicated to legal service and traffic enforcement. He added although there is a decrease in the amount of warrants including the amount of legal documents that need to be served the department had to cut back due to budget shortfall, and are now doing these services on straight time. Chair Iona asked Lieutenant Rosa if he could provide the Commission with a report reflecting the amount of the high risk warrants that the fast team was able to close in terms of catching the individual(s) responsible without giving out too much details . He explained the reason he wants the information made public is to show the people that the Police Department is committed to public safety even though it has a limited amount of funds . Assistant Chief Asher asked if he wants a recap or a power point of what was accomplished to which Chair Iona replied he wants the report included in the Commission' s meeting packet. Lieutenant Rosa noted that a report has been generated, and that he will forward the report to Assistant Chief Asher for release. Chair Iona pointed out that the Chief' s Office reflects a large budget, he asked if it was to pay for the department' s electricity usage to which Assistant Chief Asher replied yes. Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 4 SUBJECT DISCUSSION ACTION Chair Iona stated that he was also concerned about the budget the Criminal Investigative Department and the Investigative Services Bureau has to work with because he felt was it was too little. He noted that he would like to recommend an increase for these departments because of the type of work the job entails . He stated that he is not happy with the department' s budget and does not want anyone to think that the Commission has given up because he wants to hen peck certain line items in the budget because crime has no respect for a person, place, and time. Commissioner Francisco stated that he personally wants to commend the Police Department and Deputy Chief Contrades for his outstanding presentation at the County Council on being more proactive without circumventing public safety for the overtime. He stated that the report clearly illustrates where the overtime is occurring in the department. He noted that it is important for the public to understand that the media' s report in the newspaper about the overtime does not collaborate because without a story behind the data to substantiate the information things are then blown out of proportion. Commissioner Francisco stated for the record that he honestly feels as a Police Commissioner he has taken aggressive steps to address the overtime issue. He stated that it should continue until the other issues are resolved and any efforts to diminish the overtime must be brought forward rather than be discounted because he can see that aspect of the budget going to a new level that will eventually increase the budget in terms of the new police officers . Commissioner Francisco stated that he wants to remind the County Council, as they gleefully agreed to set money aside to increase the beats, to get real. Although it was great for the Council to feel strongly about hiring more officers to increase the beats he did not appreciate the fact that Officer Stacy Perreira, along with the department, was put in a spot just to Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 5 SUBJECT DISCUSSION ACTION get an approval to accept the funds when the department already received the go ahead from the Council to apply for the grant. He also stated that he wanted the public to be aware that Officer Perreira made history as having the most outstanding grant in the country. Chair Iona commented that overtime is an asset and is needed in any job . He stated that overtime occurs when an officer is assigned to take on a new task; when overtime diminishes that' s when the abuse occurs. He stated that in all of the indications the Commission has seen in the past, relative to overtime, the Kauai Police Department has never once abused its privileges, which is the reason he feels confident enough to ask for the overtime for certain divisions in the department. Business KPC 2014-06 Recap of the 2014 State of Hawaii Commissioners ' Conference Chair Iona shared with the Commission that he along with Commissioner Kanekoa attended the conference. He stated that conference was the best he has ever attended and that the topics really delved into the history of the Police Commission, its origin, and why it was formed. He stated that the topics provided practical and useful information; one in particular that he found interesting related to recruitment and how each Police Department recruits its officers. He noted that based on the information this Police Commission needs to stay on top of the County Council so that it can get more things for the Kauai Police Department. Announcements Next regular monthly meeting — Friday, May 23 , 2014 at the Mo' ikeha Building, Meeting Room 2A/2B, followed by Executive Session. Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 6 SUBJECT DISCUSSION ACTION 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 they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission (On-going) ES-014 : Pursuant to the Hawaii Revised Statutes §92-4, § 92-5 (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 March 28, 2014 ES-015 : Pursuant to the Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4), the purpose of this Executive Session is to consider a complaint that was brought against a member of the Kauai Police Department referred by a letter dated April 2, 2014, 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 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 Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 7 SUBJECT DISCUSSION ACTION 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 : ES-016 : KPC 2014-004 Complaint filed on April 2, 2014 alleging that an officer of the County coerced the complainant' s minor son to visit his father by threatening to arrest the complainant; officer did not file a police report; this is second week in a row KPD has coerced/forced the complainant' s son to visit dad. ES-017 : KPC 2014-005 Commissioner O ' Connor moved to enter into Complaint filed on April 3 , 2014 alleging that an officer of the County Executive Session. Commissioner Francisco used excessive force, made a false arrest, and did not offer medical seconded. Motion carried 4 : 0 treatment. At 9 :28 a.m. the Commission entered into Executive Session. Return to Open The Commission reconvened in Open Session at 10 : 39 a.m. Commissioner Francisco moved to ratify the Session to ratify actions taken in Executive Session for the the actions taken Chair Iona called for a motion to ratify the actions taken in Executive following items : ES-33 and ES-014 through ES- in Executive Session. 017 . Commissioner O ' Connor seconded. Session Motion carried 4 : 0 ES- 33 (On-going) ES-014 : Motion carried 4 : 0 to approve the executive session meeting minutes as circulated. ES-016 : Motion carried 4 : 0 to forward the complaint to the Office of the Chief. Kauai Police Commission Regular meeting - Open Session April 30, 2014 Page 8 SUBJECT DISCUSSION ACTION ES-017 : Motion carried 4 : 0 to NOT forward the complaint to the Office of the Chief. Adjournment Chair Iona called for a motion to adjourn the meeting. Vice Chair Nebre moved to adjourn the meeting. Commissioner O ' Connor seconded. Motion carried 4 : 0 At 10 :40 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 May 23 , 2014. ( ) Approved as amended. See minutes of meeting.