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HomeMy WebLinkAbout07-25-14 KPC Minutes(cz)(bd)(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date July 25, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 00 a.m. End of Meeting: 12 : 07 p.m. Present Chair Charles C . C. Iona (Left the meeting at 9 : 18 a.m.); Vice-Chair Alfredo Nebre Jr. ; Members : Mary Kay Hertog, Ernest Kanekoa Jr. , Donald Okami Sr. , James R. O ' Connor Also present: Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Lieutenant Scott Brede; Sergeant Colin Nesbitt; and Officers Macy Telles, Avelino Ruvalcaba and Creighton Tamagawa; and Council Chair Jay Furfaro. Excused Commissioner Randall Francisco Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9 : 00 a.m. with six (6) member present to ascertain a quorum. Approval of Regular Open Session Minutes of June 27, 2014. Commissioner O ' Connor moved to approve the Minutes minutes as circulated. Commissioner Okami seconded the motion. Motion carried 6 : 0 Officers of the Reading the recognition for the Officers of the month was Lieutenant Scott month for July Brede. Sergeant Colin Nesbitt and Officers Avelino Ruvalcaba, Creighton Tamagawa, and Macy Telles were recognized for their investigative work following a rash of burglaries to businesses in the Li-hu ` e area. The officers were able to work with the victims and detectives from the Investigative Services Bureau to identify and apprehend the suspect, who is believed to be responsible for over 25 burglaries and fraudulent use of a credit card. Chief Perry presented the officers with a certificate of exemplary service for their commitment and dedication to the community. At 9 : 18 a.m. Chair Iona called for a recess and asked to be excused from the meeting. Vice Chair Nebre took over and the meeting reconvened at Kauai Police Commission Regular Open Session July 25 , 2014 Page 2 SUBJECT DISCUSSION ACTION 9 :40 a.m. Presentation by Council Chair Furfaro made a presentation (On file) to the Commissioners Council Chair reflecting the County' s real property tax revenue and tax relief measures, Jay Furfaro data showing yearly revenue comparisons, KPD ' s immediate, short and long term goals, history of KPD ' s base staffing since 1989, annual calls for service, a four (4) year draft staffing guideline relating to COPS (Community Oriented Policing Services) Grant in the amount of $750,000, and a copy of a draft resolution requesting support for a new police district and increased police beats. Commissioner Okami stated the Police Department has been struggling for years to reach full staffing capacity. He stated the model that is currently being used is so antiquated that since 1989 there clearly are not enough beats to cover the department' s basic needs to accomplish what they need. He stated he is he glad to see that the County is now trying to adjust its short comings and to quote an old friend of his "it ' s not all about the money, but it ' s all about the money". He referred to the Kapa` a substation where the officers have to work out of a small trailer, which he feels shows no dedication and support on the part of the County. He stated the County needs to provide a structure built to the specific needs of the officer in order to make their job more efficient and proficient to show the eastside community that the Administration and Council are 100% behind the police department because public safety should be a top priority. Council Chair Furfaro stated being on the Council for the past twelve ( 12) years he has not seen any strong lobbying from the Police Commission; one of the reasons he is here today is to encourage the Commission to start lobbying. He stated as volunteers he appreciates their work, but they need to communicate a clear method, strategy and position to the legislative body (Council) by way of a resolution, that the Police Commission requests Kauai Police Commission Regular Open Session July 25, 2014 Page 3 SUBJECT DISCUSSION ACTION that future County budgets include sufficient funding to enable the Kauai Police Department to achieve its goals of creating a new district on Kauai, and additional beats. He shared with the Commission that it is his understanding that Mayor Carvalho and Managing Director Nadine Nakamura see the need to come up with a five (5) year strategy plan. Commissioner Kanekoa pointed out that it would cost the County more to retrofit the Kapa` a Armory to bring it up to fit the officer' s needs versus building a new structure; not to mention that the Kapa` a Armory substation is located in a tsunami inundation zone. Chief Perry stated the assessment included a recommendation that the County use the Mahelona site because it met all of the requirements. He explained the reason why the Police Department moved out of the Kapa` a substation was because the building was unpermitted and the location was in a tsunami zone. He stated the current substation is also in a tsunami inundation zone, which is a good reason to relocate the Kapa` a substation to the Mahelona site. He stated the County was able to secure a 50 year lease with the State for a dollar a year for 1 . 5 acres of land, which is more than enough to construct a building to fit the department' s needs. He stated he understands that the cost to build a new building is a major hurdle, which is why they need to do research to find other funding resources in the form of a grant. Council Chair Furfaro stated the Commissioners need to take a stronger position on the pros and cons of either site, and do it urgently because as Chief Perry pointed out there will be major hurdles to overcome to secure funding. Commissioner Kanekoa stated he would support the resolution but would like to wait until Chair Iona is present before making a decision. Kauai Police Commission Regular Open Session July 25, 2014 Page 4 SUBJECT DISCUSSION ACTION Commissioner Hertog asked if a cost benefit analysis was done to build a new brick and mortar versus retrofitting. Chief Perry replied a study was done on three potential sites : 1 ) Kapa` a Middle School; 2) Kapa` a Armory; and 3) Mahelona. He noted that based on the cost assessment based on the department' s needs the number one choice was the Mahelona site. Council Chair Furfaro thanked the Commissioners for their volunteerism and commitment to stewardship of the County. He stated the County has a fine Police Department and he is willing to help where ever he can. He asked that the Commission advocate on behalf of the Police Department regarding his recommendation for a five (5) year strategic plan noting that there are many challenges they will have to face to increase staffing. He noted how important it is for the Council to continue to lobby the State for the County' s share of the TAT in order to secure the necessary financial resources to support the process. Budget Deputy Chief of Police Michael Contrades and Officer Stacy Perreira made Presentation by a presentation on the Police Department' s 2015 fiscal year budget starting Deputy Chief of with its operational, general, and criminal asset fund budgets, goals, Police Michael successes and achievements for the past fiscal year, authorized and civilian Contrades & vacancies, hiring efforts, COPS hiring grant — project goal, proposed beats Officer Stacy for the Kawaihau district, and projected breakdown of funding from 2014 — Perreira 2018 . Commissioner Hertog asked what the primary reason for disqualification of relative to background checks . Deputy Contrades stated there are a myriad of reasons and not specific to just one. Commissioner Hertog asked if there is one in particular. Deputy Contrades replied the overlying reasons are integrity, previous work history, interviews with friends and family and everyone the candidate has been associated with in the past that can Kauai Police Commission Regular Open Session July 25, 2014 Page 5 SUBJECT DISCUSSION ACTION provide some history. Commissioner Hertog asked if the background checks are done prior to the start of the police academy to which Deputy Contrades replied each candidate must past the background check to get to the academy. Commissioner Hertog asked if the amount of manpower is based on the population, and whether there are post factors, or a mathematical equation as to what an officer is required to fill while on beat. Deputy Contrades stated the amount of manpower is based on population, amount of calls for service, as well as national ratios and standards . He stated he does not like to compare KPD with other departments, but unlike the Honolulu Police Department who has a lot of specialized areas including a follow-up detail, the officers in the Kauai Police Department are tasked with a lot more responsibilities and duties . Vice Chair Nebre asked if the number of vacancies in the Police Department include retirements. Deputy Contrades stated the number of vacancies are current and does not include any upcoming retirements. Vice Chair Nebre asked if the entire fleet of subsidized vehicles are slated to go to patrol. Deputy Contrades stated this year there will be a mix in which eight of the subsidized vehicles are now going to patrol, which means that the vehicles that were supposed to go to subsidized officers will be pushed down to the line officers. Vice Chair Nebre asked whether filling every position in the department will affect the department' s accreditation. Deputy Contrades stated it would not affect the accreditation; however, it would affect the department' s ability to use the COPS Grants to hire more officers, which is the reason they are working hard to fill certain vacancies because one of the requirements is to have a full staff before moving on to fill those positions. Chief Perry mentioned at the Commission' s next meeting he would like to make a presentation on a proposal to secure funding for body cameras. He Kauai Police Commission Regular Open Session July 25, 2014 Page 6 SUBJECT DISCUSSION ACTION stated the purpose is to help the officers accurately record an incident, and at the same time help in the complaint area to show the public that KPD is doing the right thing. Chief' s monthly 1 . Administrative and 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 Districting Reports 6. Personnel Order 7 . Chief' s announcements and pertinent updates . Chief Perry made the following announcements : • Cell phone fine has increased to $297 .00 • Construction zone fine has increased to $307 .00 • KPD is continuing its efforts to warn anyone who owns a vehicle whose tires are extending outside of the fender well are required to put mud guards or face paying a fine of $72 .00 Business KPC 2014- 10 Communication dated June 24, 2014 from Barbara Belle PLA Coordinator for the University of Hawaii Community Colleges System Office to the Kauai Police Commission, regarding a program called "Prior Learning Commissioner Kanekoa moved to receive item Assessment". The program measures significant life or work experiences KPC 2014- 10 for the record. Commissioner through assessment for the candidates to achieve a college degree in a Okami seconded the motion. Motion carried 5 : 0 short length of time. KPC 2014- 11 Public announcements for the following notarized complaints that were filed by members of the public against officers in the Kauai Police Department. Kauai Police Commission Regular Open Session July 25, 2014 Page 7 SUBJECT DISCUSSION ACTION • KPC 2014-007 Complaint filed on April 29, 2014, alleging that the conduct of an officer of the County was inappropriate and disrespectful when he made a joke that was sexually explicit. 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 2014-007 . KPC 2014-010 Complaint filed on May 13 , 2014, alleging negligence, intimidation, unauthorized entry into a motor vehicle, and harassment on the part of two officers in the Kauai Police Department. Based on its findings, the Commission found that there was not enough information to support 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 2014-010 . • KPC 2014-011 Complaint filed on May 13, 2014, alleging that an officer of the County impeded the complainant' s right to do business by filing a false claim that his two trucks were illegal. Based on its findings, the Commission found that there was not enough information to support 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 2014-011 . Announcements Next meeting: Friday, August 22, 2014, at 9 : 00 a.m. at the Mo' ikeha Building in Meeting Room 2A/2B . Kauai Police Commission Regular Open Session July 25, 2014 Page 8 SUBJECT DISCUSSION ACTION Executive Pursuant to the Hawaii Revised Statutes § 92-4 and § 92-5 (a) (4), the At 10 :26 a.m. Commissioner Kanekoa cited the Session purpose of this Executive Session is for the Commission to consult with its Hawaii Revised Statues to bring the meeting ES-33 attorney as to the powers, duties, privileges, immunities, and liabilities as into executive session. they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission (On-going) 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 update the Commission on EEOC Charge Nos. 486-2013 -00066, 486-2013 -00345 , 486-2013 -00475 486-2013 -003439 486-2013 -000059 486-2013 -003425 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 (Deferred on 6/27/ 14) ES-025 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 June 17, 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 (Deferred on 6/27/ 14) ES-029 Pursuant to the Hawaii Revised Statutes §92-4, §92-5 (a) (4), §92-9 (a) (1 - 4) and (b), the purpose of this Executive Session is for the Commission to approve the Executive Session minutes of June 27, 2014, 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 Kauai Police Commission Regular Open Session July 25, 2014 Page 9 SUBJECT DISCUSSION ACTION may relate to this item. ES-030 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 : Non-notarized complaint received on June 4, 2014, filed against two officers in the Kauai Police Department. The complaint alleges that the officers did not take appropriate action against the individual who harassed and threatened the complainant and his family during an outing. ES-031 : Notarized complaint filed on June 13 , 2014, alleging that an officer of the KPC 2014-012 County made an unauthorized entry into the complainant ' s motor vehicle, altered tickets, retaliated, and did not provide the complainant with an affidavit prior to the court date. ES-032 : Notarized complaint filed on June 17, 2014, alleging that an officer of the KPC 2014-013 County threatened and harassed the complainant during a traffic stop for a seatbelt violation. ES-033 : Notarized complaint filed on June 9, 2014, alleging that an officer of the KPC 2014-014 County threatened to arrest the complainant and tried to offer legal advice without knowing the facts relating to the incident and the law. ES-034 Pursuant to the Hawaii Revised Statutes §92-4, § 92-5 (a) (4) and (8), the At 10 : 32 a.m. Commissioner O ' Connor moved purpose of this Executive Session is to receive copies of memoranda to enter into executive session. Commissioner regarding an EEOC complaint brought against a member of the Kauai Hertog second the motion. Motion carried 5 : 0 Police Department; and to consult with the Commission' s legal counsel on issues pertaining to the Commission' s and the County' s powers, duties, Kauai Police Commission Regular Open Session July 25 , 2014 Page 10 SUBJECT DISCUSSION ACTION privileges, immunities, and/or liabilities as they may relate to these items . Return to Open Commissioner Kanekoa moved to ratify the Session to ratify actions taken in executive session. the actions taken Commissioner O ' Connor seconded the motion. in executive Motion carried 5 : 0 session ES : 33 (On-going) ES-031 : KPC 2014-012 (Deferred) ES-032 : KPC 2014-013 Motion carried 5 : 0 to not uphold the allegations in the complaint. ES-033 : KPC 2014-014 (Deferred) ES-034 : Motion carried 5 : 0 to receive for the record. Adjournment Commissioner Kanekoa moved to adjourn the meeting. Commissioner O ' Connor seconded the motion. Motion carried 5 : 0 At 12 : 07 p.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 August 22, 2014 . ( ) Approved as amended. See minutes of meeting.