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HomeMy WebLinkAbout05-23-14 KPC Open Session Minutes (CZ)(tt) approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date May 23, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 00 a.m. End of Meeting: 11 : 55 a.m. Present Chair Charles C .C . Iona; Members : Randall Francisco, Mary Kay Hertog, Ernest Kanekoa Jr. , James R. O ' Connor, Donald Okami Sr. Also present: Deputy County Attorney Stephen Hall; Board & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Lieutenant Jon Takamura, Sergeant Jason Overmyer; Captain Robert Gausepohl Excused Vice Chair Alfredo Nebre Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the start of the meeting Administrative Assistant to the County Clerk, Eddie Topenio officiated the Oath of Office to Commissioner Mary Kay Hertog. Chair Iona called the meeting to order at 9 : 00 a.m. Chair Iona stated for the record that Vice Chair Nebre will not be in attendance due to previous commitments. Approval of Regular Open Session Minutes of April 23 , 2012 Commissioner Kanekoa moved to approve the Minutes minutes as circulated. Commissioner O ' Connor seconded the motion. Motion carried 6 : 0 Chair Iona welcomed new Police Commissioner, Mary Kay Hertog. Commendation There were two letters of commendation received involving two officers in Report the Kauai Police Department. Mr. Wes Perreira of the Kauai Food Bank wrote to commend Officer Stacy Perreira and Officer Wade Takemoto for taking the time to assist with the 25th Annual Food Drive by collecting donations and providing leadership to a make the event a huge success. Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 2 SUBJECT DISCUSSION ACTION Presentation on Lieutenant Jon Takamura' s presentation was based on a study that was Traffic Fatality done on fatal traffic crashes by district. The report reflected a breakdown of Crashes Between various categories, origin, and causes involved in fatal traffic collisions. 2008 and 2013 (On File) Commissioner Hertog asked how many trained accident investigators does the department have, and where does one go to do the training. Lt. Takamura stated that there are four officers in the department that are either going through the training process, or have completed the training, which includes himself and Sgt. Overmyer. He noted that all of the trainings are state wide, are held on Oahu, and are grant funded. Commissioner Hertog asked if the majority of the traffic fatalities involve local residents versus tourists, and if she could have a breakdown of who caused the accident, and whether it was resolved. Lt. Takamura stated that he would get the information for her. Commissioner Okami thanked Lt. Takamura for a great presentation. He stated that when traffic accidents happen people need to understand the magnitude of doing an investigation and the officer' s ability to gather information, which can be very time consuming. Commissioner Francisco thanked Lt. Takamura for the timeliness of his presentation noting that graduation is right around the corner, and with Tom LaVenture of the Garden Island Newspaper here he hopes that the presentation will become a story in the newspaper as reminder to everyone NOT to drink and drive. Chief Perry stated that speed, alcohol, drugs, conditions of the roadways and distracted drivers are major causes of traffic fatalities. In response to Commissioner Hertog' s concerns on the amount of fatalities involving Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 3 SUBJECT DISCUSSION ACTION tourists, Chief Perry stated just this year alone the island has had four fatalities, two of which involved visitors. Chair Iona asked how many traffic collisions that he knows of are related to medical marijuana use, and if there are cases where the individual tried to get around it by claiming that he or she has the right to use it. He stated that even with a trained drug recognition expert it would still be hard to find a toxicologist to justify that marijuana was active in the individual ' s system at the time of the accident, which brings up a point that the department needs someone who can verify and measure the levels contributing to the impairment of the individual. Lt. Takamura stated he has never come in contact with anyone claiming that they have the right to use medical marijuana, but can see it becoming a huge issue in the future. Chiefs monthly 1 . Administrative, Technical Services & Training Reports/Orders reports Captain Robert Gausepohl reported that although the personnel status report showed nineteen vacancies, it included six police officer positions that were made possible by the COPS grant. He stated the report did not reflect nine new hires the department had on May 5th, which reduced vacancies from 19 to 10 . He stated that the nine new hires are currently in the police academy and the additional six positions would account for all but four actual vacancies the department did not have prior. He stated the department is working on hiring more officers; names have been referred, and they are in the process of doing background checks . Commissioner O ' Connor asked if the department is anticipating more people retiring at the end of the year. Captain Gausepohl stated that there are a few people in the department who plan to retire at the end of the year Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 4 SUBJECT DISCUSSION ACTION but from now till then, anything can happen. Commissioner Hertog asked if it is required for an officer to give ample notice before they plan to retire. Captain Gausepohl stated that currently there are a few people in the department who are eligible to retire, but have decided to stay on to which they are grateful. Chief Perry explained that a month' s notice is required for anyone who is planning to retire because the State of Hawaii Employee ' s Retirement System has to be notified in advance. Captain Gausepohl stated at the end of last year, the department had eight dispatcher vacancies, which proved to be overwhelming for the remaining dispatchers because they went from an eight hour work shift to a twelve hour work shift; however, the department was able to hire five new dispatchers resulting in only three vacancies . Commissioner Francisco thanked Captain Gausepohl for the report and expressed how grateful he was that the department was able to hire additional dispatchers to help alleviate the work load. 2 . Fiscal Report 3 . Investigative Bureau 4. Patrol Services Bureau and Traffic Reports 5 . Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief' s announcements and Pertinent Updates : • May 11 - 17 was National Police Week. The observance is a tribute to officers who have given their lives in the line of duty. • The Kauai Police Department held their promotional ceremony on Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 5 SUBJECT DISCUSSION ACTION May 22,d. Lieutenants Robert Gausepohl and Richard Rosa to Captain; Detective Bryson Ponce and Sergeant Elliott Ke to Lieutenant; Officers Anthony Abalos, Clyde Caries, Eric Caspillo, Chad Cataluna, Jason Matsuoka, Ginny Pia and Alan Santella to Sergeant/Detective. Chief Perry shared his speech on leadership that he gave at the promotional ceremony. Commissioner O ' Connor stated how proud he was of the Chief for staying well within the guidelines of being three quarters of the way into the 2014 budget. He asked if it was possible for him to do a presentation on the budget for fiscal year 2014- 15 at the next meeting. Chief Perry asked if he could do the presentation in July when everything is settled, and he would be able to provide a more comprehensive presentation. Commissioner Francisco thanked Commissioner O ' Connor for making the suggestion. He stated as a taxpayer the presentation would provide an analysis on how taxpayer dollars are being used effectively, and how the department has strived to reduce its overtime not for the sake of just reducing, but for the right reasons, especially because the department is being asked to reduce its budget by 5 %. Commissioner Hertog asked the Chief if he could explain in his presentation the strategy behind sustaining the temporary grants that have been awarded to the department to fund additional authorizations for more officer positions, and how the department can continue to maintain its recruiting efforts. Public • Complaint KPC 2014-004 was filed on April 3, 2014 alleging that announcements an officer of the County used excessive force, made a false arrest and did not offer the complainant medical treatment. Based on its Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 6 SUBJECT DISCUSSION ACTION findings, the Commission found that there was not enough information to uphold the complaint. The complaint was forwarded to the Chief for review. This officially concluded the Commission ' s review of complaint KPC 2014-004. Complaint KPC 2014-005 was 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; did not file a police report. This is the second week in a row that a KPD officer has coerced/forced the complainant' s son to visit his dad. Based on the findings, the Commission found that there was enough information to forward the complaint to the Office of the Chief. This officially concluded the Commission' s review of complaint KPC 2014-005 , Announcements Next meeting — Friday, June 27, 2014, at 9 : 00 a.m. at the Mo ' ikeha Building in Meeting Room 2A/2B . Executive Session to follow. Executive At 9 : 50 a.m. Chair Iona read the following Hawaii Revised Statutes into Session the record. 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-018 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 April 30, 2014 Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 7 SUBJECT DISCUSSION ACTION 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 : ES-019 KPC 2014-006 Complaint filed on April 24, 2014 alleges that an officer of the County failed to show up at the complainant' s home to take her grandchild' s statement after being told by the school' s principal and the officer that someone would come to her house. ES-020 KPC 2014-007 Complaint filed on April 29, 2014 alleging that the actions of an officer of the County was inappropriate and disrespectful by making a sexually explicit joke. ES-021 KPC 2014-008 Complaint filed on April 29, 2014 alleging that an officer of the County continued harassment towards the complainant and family, including employees in the Kauai Police Department, and has created an unsafe and hostile work environment. ES-022 Pursuant to the Hawaii Revised Statutes § 92-4, §92-5 (a) (4), the purpose of this Executive Session is for the Commission to receive and consider a copy of a letter dated April 28, 2014 regarding an EEOC complaint, 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. Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 8 SUBJECT DISCUSSION ACTION ES-023 Pursuant to the Hawaii Revised Statutes §92-4, § 92-5 (a) and (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to the powers, duties, privileges, immunities, and/or liabilities as they may relate to a letter dated April 22, 2014, pertaining to a notification of dismissal of two EEOC complaints and Notice of Rights Nos . 486-2012-00396 and 486-2013 -0083 that was filed by a member of the Kauai Police Department on December 12, 2012 . ES-024 Pursuant to Hawaii Revised Statutes § 92-4 and § 92-5 (a) and (4), and the Kauai County Charter Section 3 .07 (E), the Office of the County Attorney requests an Executive Session with the Police Commission, to provide the Commission with a briefing on EEOC Charge Nos. 486-2013 -00066, 486- 2013 -00345 , 486-2013 -0047, 496-2013 -00343 , 486-2013 -00005 , 486- 2013 -00342 concerning the County of Kauai, Kauai Police Department, and related matters . This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Police Commission and the County as they may relate to this agenda item. At 9 : 53 a.m. Commissioner O ' Connor moved to Chair Iona called for a motion to bring the meeting into executive session, bring the meeting into executive session. Commissioner Kanekoa seconded the motion. Motion carried 6 : 0 Return to Open The meeting reconvened at 11 : 55 a.m. Commissioner Kanekoa moved to ratify the Session to Ratify actions taken in Executive Session for the the Actions Chair Iona called for a motion to ratify the actions taken in executive following items : ES-33 , ES-018 through ES-24. taken in session. Commissioner O ' Connor seconded the motion. Executive Motion carried 6 : 0 Session Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 9 SUBJECT DISCUSSION ACTION ES-33 (On-going) ES-018 : Motion carried 6 : 0 to approve the executive session minutes as circulated. ES-019 : Motion carried 5 : 1 with one ( 1) recusal to NOT uphold the allegations in the complaint. ES-020 : Motion carried 6 : 0 to defer the complaint to the June meeting. ES-021 : Motion carried 6 : 0 to NOT uphold the complaint. ES-023 : Motion carried 6 : 0 to receive the communication dated April 28, 2014, for the record. ES-024 : Motion carried 6 : 0 to receive the communication dated April 22, 2014, for the record. ES-024 : The Commission was briefed by Deputy County Ian Jung regarding various EEOC complaints. Adjournment Chair Iona called for a motion to adjourn the meeting. At 11 : 55 a.m. Commissioner Kanekoa moved to adjourn the meeting. Commissioner O ' Connor seconded the motion. Motion carried 6 : 0 Kauai Police Commission Regular Meeting Open Session May 23 , 2014 Page 10 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Alfredo Nebre Jr. , Vice Chair (x) Approved as circulated on June 27, 2014 ( ) Approved as amended. See minutes of meeting.