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HomeMy WebLinkAbout06-27-14 KPC Open Session Minutes(CZ)(BD)(tt) approved 1 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date June 27, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 03 a.m. End of Meeting: 10 : 14 a.m. Present Vice-Chair Alfredo Nebre Jr. ; Members : Ernest Kanekoa Jr. , Mary Kay Hertog, James R. O ' Connor. Also present: Deputy County Attorney Stephen Hall; Board & Commissions Office Staff. Support Clerk Mercedes Youn, Administrator Paula Morikami; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Assistant Chief Roy Asher; Captain Robert Gausephol; Lieutenants Scott Brede and Scott Kaui; Sergeant Colin Nesbitt; Officer Damien Loo. Excused Chair Charles C.C . Iona; Commissioners Randall Francisco and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Nebre called the meeting to order at 9 : 03 a.m. Approval of Regular Open Session Minutes of May 23 , 2014 Commissioner Kanekoa moved to approve the Minutes minutes as circulated. Commissioner O ' Connor seconded the motion. Motion carried 4 : 0 Officers for the month of June Reading the recognition for Officer Hanson Hsu was Lieutenant Scott Brede; accepting the certificate of exemplary service on behalf of Officer Hsu, who was unable to attend the meeting, was Sergeant Colin Nesbitt. Officer Hsu was recognized for his hard work and due diligence resulting in the apprehension and arrest of the two suspects wanted for possession of illegal drugs and firearms . Reading the recognition for Officer Bill Burns was Lieutenant Scott Kaui; accepting the certificate of exemplary service on behalf of Officer Bill Burns, who was on the mainland and could not attend the meeting, was OIC Damien Loo . Officer Burns was recognized for his assistance in helping Officer Hansen Hsu with the arrest of two wanted individuals at the Kapa` a Shell Gas Station. During the arrest Officer Burns observed firearms in the suspect' s vehicle and executed a search warrant to search Kauai Police Commission Regular Open Session June 27, 2014 Page 2 SUBJECT DISCUSSION ACTION the vehicle resulting in the removal of the firearms, legal drugs and a large amount of money. In addition, Lieutenant Kaui commended Sergeant Colin Nesbitt for his help in assisting the officers with the search warrants . Commendation There was one letter of commendation received involving two police Report officers and one civilian personnel in the Kauai Police Department, On May 30, 2014 Special Agent Robin Dinlocker, Honolulu District Office, Drug Enforcement Administration U. S . Department of Justice, wrote to commend and extend her personal gratitude to Sergeant James Miller, Officer Arnold Cayabyab, and Ms. Johnette Chun for their assistance and support during the 8th DEA National Take-Back Initiative on April 26, 2014. Presentation on Vice Chair Nebre introduced Mr. Bob Warren, representative for a Citizens against community organization - Citizens against Thieves (CAT) . Mr. Warren Thieves (CAT) began by presenting an overview of the organization' s goal, which is to form an alliance with local officials, the police, and the criminal justice system to decrease theft on Kauai. Chiefs monthly reports 1 . Administrative, technical services and training reports/orders 2 . Fiscal Report 3 . Investigative Bureau Services 4. Patrol Services and Traffic Reports 5 . Community Oriented Policing Traffic Safety Unit and District Reports 6. Personnel Orders 7 . Chief' s announcements and pertinent updates Commissioner Hertog asked in view of last year' s budget and this year' s Kauai Police Commission Regular Open Session June 27, 2014 Page 3 SUBJECT DISCUSSION ACTION budget the Administrative and Technical Bureau shows a decrease of 25 percent, and the Patrol Services Bureau a decrease of 27 percent, is it due to the lack of personnel and the associated cost to fill positions in both divisions. Captain Gausephol explained that in the current fiscal year $ 100,000 was set aside to pay for physicals, which will not be reflected in the fiscal year 2015 budget. He further explained that the department will not be purchasing any new items in fiscal year 2015 as it did in fiscal year 2014 . Commissioner Hertog asked which bureau would the purchases fall under to which Captain Gauesphol replied the Administrative and Technical Bureau. Commissioner Hertog asked to clarify the 27 percent decline in the Patrol Services Bureau to which Captain Gausephol replied he does not have the information because it' s a different bureau. Commissioner Kanekoa asked if the cutbacks were due to the Mayor' s cuts for certain departments . Captain Gausephol replied although the cutbacks were due to the Mayor' s cutting a percentage of the department' s budget there were certain purchases the department would not have to incur any expenses for year after year. For example, in the new fiscal year the department will not have to pay for physicals, but will have to the following year. Vice Chair Nebre asked Chief Perry to explain the 27 percent decrease in the Patrol Services Bureau to which Chief Perry replied at the moment he does not have any information on the breakdown, but believes the decrease had to do with the department' s delay in purchasing equipment due to budgetary constraints . Kauai Police Commission Regular Open Session June 27, 2014 Page 4 SUBJECT DISCUSSION ACTION Commissioner Hertog noted that without trying to take things out of context she would like to personally thank Sergeants James Miller and Roderick Green for taking the time out of their busy schedules to take her on an orientation tour of the Kauai Police Department. Commissioner Hertog asked who does the certified training for the department' s K-9 Drug Detection Unit, and what percentage the dog has to have to pass. Assistant Chief Roy Asher replied back in the day, the department did its certification training with the assistance of the Honolulu Police Department and the dogs either passed or failed. Commissioner Hertog asked if there is a certain percentage in the number of aids the dogs need to hit to determine if they passed or failed. Assistant Chief Asher replied there is a percentage but unlike in the past, the Kauai Police Department now has its own certified trainer; a former police officer in the Honolulu Police Department who, ironically, he has trained with in the past. Commissioner Hertog asked what type of drugs are used to train the dogs to which Assistant Chief Asher replied marijuana, meth, cocaine, and heroin. Commissioner Hertog mentioned in the future if the department wants to increase its K-9 Unit the Department of Defense has a program where dogs can be adopted, but someone from the department will have to travel to Texas to pick-up the dogs . Commissioner Kanekoa asked because of the budget cutbacks how far it has pushed the department back, and how will it affect public safety. Chief Perry stated, in regard to the decrease in the department ' s overtime, when it comes to special projects they have to evaluate whether it can be done or not; prioritize and look for other alternatives to get the necessary funds that Kauai Police Commission Regular Open Session June 27, 2014 Page 5 SUBJECT DISCUSSION ACTION are needed. Deputy Chief Michael Contrades announced in an effort to remove the number of outstanding arrest warrants the department ran a special project throughout the island to serve outstanding warrants including bench warrants . He stated in total twenty-two individuals were arrested with twenty-eight warrants being cleared including a firearm that was seized. Business KPC Invitation to the 61st Hawaii State Law Enforcement Officials Association Commissioner Kanekoa moved to receive item 2014-07 Conference hosted by the Maui Police Department from September 24-25 KPC 2014-07 for the record. Commissioner 2014. O ' Connor seconded the motion. Motion carried 4 : 0 KPC 2014-08 ES : 019 : KPC 2014 : 006 Public Complaint filed on April 24, 2014 alleging that an officer of the County Announcements 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. Based on its findings, the Commission found that there was not enough information to uphold the allegations in the complaint. The complaint was 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 2014-006 . 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 created an unsafe and hostile environment. Based on its findings, the Commission found that there was not enough information to uphold the allegations in the complaint. The complaint was forwarded to the Office of the Chief for review if necessary. This officially concluded the Commission' s review of complaint KPC 2014-008 . Kauai Police Commission Regular Open Session June 27, 2014 Page 6 SUBJECT DISCUSSION ACTION KPC 2014-09 Copy of a communication from Chief of Police Darryl Perry to Michael Commissioner Kanekoa moved to receive item Machado Chair of the Kauai Salary Commission, regarding a request to KPC 2014-09 for the record. Commissioner correct pay inversion for the Chief of Police and Depuly Chief of Police. O ' Connor seconded the motion. Motion carried 4 : 0 Announcements Next meeting Friday, July 27, 2014, at 9 : 00 a.m. at the Mo`ikeha Building in Meeting Room 2A/2B, followed by executive session. Executive ES-33 : At 9 :44 a.m. Commissioner O ' Connor read the Session Pursuant to the Hawaii Revised Statutes § 92-4 and § 92-5 (a) (4), the Hawaii Revised Statutes to bring the meeting purpose of this Executive Session is for the Commission to consult with its into 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-,fig) ES-024 : Pursuant to Hawaii Revised Statutes 02-4 and 02-5 (a) and (4), and the Kauai County Charter Section 3 . 07 (E), the Office of the County AttorneX requests an Executive Session with the Police Commission, to update the Commission with a briefing on EEOC Charge Nos. 486-2013 -00066, 486- 2013 -00345 , 486-2013 -0047, 486-2013 -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. ES-025 : Kauai Police Commission Regular Open Session June 27, 2014 Page 7 SUBJECT DISCUSSION ACTION Pursuant to the Hawaii Revised Statutes _, 9 § 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 June 17, 2014, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open meeting, pen 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. ES-026 : Pursuant to the Hawaii Revised Statutes X92-4, X92-5 (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 May 23, 2014 Pursuant to the Hawaii Revised Statutes §92-4, § 92-5 (a) (2) (4), 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-020 : KPC 2014-007 Kauai Police Commission Regular Open Session June 27, 2014 Page 8 SUBJECT DISCUSSION ACTION 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 (Deferred on 5/23/14) ES-027 : KPC 2014-010 : Complaint filed on May 13 , 2014 alleging negligence, intimidation, unauthorized entry to a motor vehicle, and harassment by an officer of the County, ES-028 : KPC 2014-011 : Commissioner Kanekoa moved to take the Complaint filed on May 13 , 2014 alleging that an officer of the County meeting into executive session. Commissioner impeded the complainant from doing business b,, fig a false claim that O ' Connor seconded the motion. Motion carried his tow truck was illegal. 4 : 0 At 9 :49 a.m. the meeting moved into executive session. Return to Open Vice Chair Nebre called for a motion to ratify the actions taken in Commissioner Hertog moved to ratify the Session to ratify executive session. actions taken in executive session, the actions taken Commissioner Kanekoa seconded the motion, in executive Motion carried 4 : 0 session. ES-33 : On-going ES-024 : Motion carried 4 : 0 to defer item ES- 024 to the next meeting in July. ES-025 : Motion carried 4 : 0 to defer to item ES- 025 to the next meeting in July. Kauai Police Commission Regular Open Session June 27, 2014 Page 9 SUBJECT DISCUSSION ACTION ES- 026 : Motion carried 4 : 0 to approve the executive meeting minutes of May 23 , 2014 as circulated. ES-020 : KPC 2014 : 007 : Motion carried 4 : 0 to not uphold the allegations in the complaint based on the lack of information. ES-027 : KPC 2014-010 : Motion carried 4 : 0 to not uphold the allegations in the complaint based on the lack of information. ES-028 : KPC 2014-011 : Motion carried 4 : 0 to not uphold the allegations in the complaint based on the lack of information. Adjournment Commissioner O ' Connor moved to adjourn the meeting. Commissioner Kanekoa seconded the motion. Motion carried 4 : 0 At 10 : 14 a.m. the adjourned. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Alfredo Nebre Jr. , Vice Chair (x) Approved as circulated on July 25 , 2014. ( ) Approved as amended. See minutes of meeting.