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HomeMy WebLinkAbout08-22-14 KPC Open Session Minutes(cz)(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date August 22, 2014 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 02 a.m. End of Meeting: 12 : 07 p.m. Present Chair Charles C . C . Iona; Members : Randall Francisco, Mary Kay Hertog, and James R. O ' Connor Also present: Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Youn, Administrative Aide Teresa Tamura; Chief of Police Darryl Perry; Acting Captain James Rodriguez; Acting Lieutenant Anthony Morita; Sergeants Colin Nesbitt and Kennison Nagahisa; Officer Stacy Perreira, Acting Weapons Registration Clerk Jeaneth Panoy, Police Records Clerk Analyst Joni Arakaki. Excused Commissioners Alfredo Nebre Jr. , Ernest Kanekoa Jr. , and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9 : 02 a.m. with four (4) Commissioners present to ascertain a quorum. Chair Iona asked if there was any public testimony on the items listed on the agenda, noting none, Chair Iona offered his personal thanks to Chief of Police Darryl Perry, Deputy Chief of Police Michael Contrades, and Acting Captain James Rodriguez for their support during a medical emergency in which he had to be taken to the hospital for care. Additionally, Chair Iona extended special gratitude to Captain Richard Rosa and Lieutenant Clyde Brede for driving him to the hospital. Approval of Regular Open Session Minutes of July 25 , 2014. Commissioner O ' Connor moved to approve the Minutes minutes as circulated. Commissioner Hertog seconded. Motion carried 4 : 0 Officers and Reading the recognition for officers and employees of the month for Employees of the August was Sergeant Colin Nesbitt. Acting Lieutenant Anthony Morita, month for Sergeant Kennnison Nagahisa, Acting Weapons Registration Clerk Jeaneth August Panoy, and Acting Police Records Unit Supervisor Eunice Apeles were honored for their role in locating more than 50 unregistered firearms in the Kauai Police Commission Regular Open Session August 22, 2014 Page 2 SUBJECT DISCUSSION ACTION suspect' s home. Accepting for Acting Police Records Unit Supervisor Eunice Apeles was Police Records Analyst Joni Arakaki. In the month of June, there were concerns about an individual who wanted to register two assault weapons with KPD . With the information provided a search warrant was obtained, which resulted in the recovery of more than 50 unregistered firearms in the suspect' s home. In recognition for their outstanding work, Chief Perry presented each honoree with a Certificate of Exemplary Service for their hard work and diligence in the recovery of unregistered firearms, and the arrest of the suspect. Chair Iona and Commissioner Hertog expressed their gratitude to the honorees for a job well done. Commissioner Francisco echoed their comments on behalf of the business community. Commendation There was one letter of commendation received involving six (6) personnel Report in the Kauai Police Department. Special Agent in Charge (SAC) Mr. Kenneth Hines of the Seattle Field Office, Department of Treasury, Internal Revenue Service wrote to commend and extend his gratitude to Lieutenant Elliott Ke, Sergeant Anthony Abalos, and Officers Bruce Nance, Michael Nii, and Brian Silva for their assistance and support during an enforcement action on Kauai. PowerPoint Chief Perry stated with the civil unrest unfolding in the city of Ferguson Presentation on over police actions he felt that this initiative to secure body cameras will be Body Cameras positive for the community, and the officers in the Kauai Police Department. Officer Stacy Perreira and Acting Captain James Rodriguez addressed the Commission on an initiative to secure body cameras for officers in the Kauai Police Department. The PowerPoint presentation (On file) reflected a comprehensive view of the Axon Flex body worn camera, its benefits, Kauai Police Commission Regular Open Session August 22, 2014 Page 3 SUBJECT DISCUSSION ACTION case studies, and financial data showing the cost for a three year period. Commissioner Hertog asked how many other departments in the State of Hawaii use body cameras to which Chief Perry replied the Kauai Police Department will be the first in the State to implement the use of body cameras. Commissioner Francisco asked if the cost for the system was included in the upcoming budget. Chief Perry stated the specifics are being worked on, and the department is looking at obtaining the body cameras as soon as possible by using the funds, if allowed, from forfeiture criminal enterprises. Commissioner Francisco asked with the expected reduction in the number of complaints what type of metrics will be used to determine the project' s success and effectiveness. Chief Perry stated the body cameras will be assigned to a controlled group of officers who will be evaluated accordingly. Commissioner Francisco expressed his support noting that this type of video technology will help to dispel any misunderstanding, miscommunication, and misperception that may come from the public. Commissioner Hertog asked how easy it will be for the officer to disable the camera. Chief Perry stated there is always a possibility that the camera could be disabled during a confrontation; as such the department is looking at having several officers on the scene because if one officer goes down the other officer will still be able to record. Officer Perreira stated tests have been conducted using various methods to provide the stakeholders with information about the quality of the product, and to her knowledge there has been no information about the camera being accidentally or purposely disabled. Commissioner Hertog asked if an officer can disable the camera himself. Officer Perreira stated that is it possible by a tap of the button. Kauai Police Commission Regular Open Session August 22, 2014 Page 4 SUBJECT DISCUSSION ACTION Commissioner Hertog asked if there will a departmental policy to direct the officers not to disable the body camera to which Chief Perry replied absolutely. Chair Iona voiced his concerns that numbers reflecting the population of the area seen in the video seem to be a little misleading; so much that he does not want the public to think because the numbers are similar to Kauai only 54 officers are needed. Officer Perreira stated those were initial numbers that was based on a test group, but since have been extended department wide in terms of patrol and traffic . Officer Perreira stated the department wants to purchase 127 units, which will include backup cameras in the event something breaks. She stated the initial cost for 127 units @ $499 per unit amounts to $63 ,000. In addition, the department will also need to purchase 13 docking stations to store the evidence @ $599 per unit. Commissioner Francisco asked about the camera' s warranty and length of use. Officer Perreira stated the hardware carries a one year warranty with an extended warranty offer at the time of purchase. Commissioner O ' Connor asked if there is an on-going maintenance plan to which Officer Perreira replied yes. Commissioner Francisco asked how the police department plans to educate the public once the system is in place to address civil rights concerns. Chief Perry stated when a law enforcement officer responds to any type of disturbance, whether it occurred on the street or in a house, there is no expectation of privacy because the investigation will relate to either a criminal matter, or a suspected criminal matter. He stated as far as he knows, he has not heard of any challenges relating to civil rights violations concerning unlawful entry or arrest; however, no one knows what the Kauai Police Commission Regular Open Session August 22, 2014 Page 5 SUBJECT DISCUSSION ACTION future may hold, which is the reason the Taser' s legal team will be supporting the department with litigation issues . Commissioner Hertog stated she supports the department ' s efforts, and if successful, she would like the department to place an article in the local newspaper to let the public know that they are going to be recorded. Commissioner Francisco stated he also supports the department ' s efforts because anything that can help the officers and the public is always a win, especially if the taxpayers are the ones paying for it. Chair Iona stated he appreciates the department' s efforts in wanting to purchase the body cameras, but was concerned about how much training the officers will receive. He pointed out in order for the officer to record the incident they must realize that they will be placed in harm' s way especially if gun shots are being fired. Acting Captain James Rodriguez stated safety is paramount, and the protection of the officers as well as anyone else is equally important. He stated the department would not want the officer to take any unnecessary risks just to capture something on video . Chair Iona asked if the department was required to seek other bids, or does the department already have the approval to purchase the system. Acting Assistant Chief Robert Gausephol stated the features on the body camera, and what was required based on the study, were unique enough for the police department to apply for sole-source or exempt. He stated extensive research was done to see whether other products were comparable, but it was determined that the Axon Flex Body Camera was the right choice because it meets the department' s requirements . Chair Iona explained the reason he asked was because he wanted to address the naysayers who might question why the department focused on this particular system. Kauai Police Commission Regular Open Session August 22, 2014 Page 6 SUBJECT DISCUSSION ACTION Commissioner Hertog asked if the money from the forfeitures was enough to cover the initial cost to purchase the equipment, including annual maintenance costs, to which Chief Perry replied yes. Commissioner Francisco stated in regard to the Cops Grant he felt that the department demonstrated good leadership even though the Council gave the department a hard time. He stated with the creation of the Kawaihau District he felt that the department will now be able to deal with the high crime rate in the area. Chair Iona stated he found the presentation very enlightening, and asked to let them know if there were more updates that the Commission should be aware of. He pointed out that although there are only four (4) Commissioners present he is sure that the Commission as a whole will put its full support behind the project. Chiefs 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. Personnel Order 7 , Chief' s Announcements and Pertinent Updates Commissioner Francisco stated he noticed that the total expenditures plus encumbrances for FY 2014 ending in June was at 93 %, and with July being the month to make any adjustments is it safe to assume that the department will be at 100% of its budget. Chief Perry explained towards the end of the prior fiscal year the department received an influx of funds because it had Kauai Police Commission Regular Open Session August 22, 2014 Page 7 SUBJECT DISCUSSION ACTION issues concerning salary increases and benefits, but prior to that the department had already cut its overtime expenditures, which is the reason the monies were returned back to the General Fund. Commissioner Hertog stated no good deed goes unpunished, and we have to make sure that the County Council understands that it was because of good stewardship on the part of the police department to save the money to the very end. Commissioner Francisco thanked Commissioner Hertog for her statement, and wanted to make it clear to the Administration and the Council that the police department did what it had to do to stay on target, which included taking a 5 % budget cut. Chair Iona stated in light of what is happening in the city of Ferguson there is a rumor circulating about a push to demilitarize all of the police departments nationwide. He noted by doing that it' s sort of stepping back in time as opposed to keeping up with the trend of protecting lives. Chief Perry stated the Kauai Police Department is not a military organization but a para-military organization in terms of its command structure, which deals with rank-and-file. He stated in the terms of being militarized, nothing could be further than the truth because KPD is here to serve and protect the public. Commissioner Hertog stated it' s not necessarily about the equipment it' s how it is being used; if you notice in the Ferguson situation, the National Guard was called in to protect the command post, which shows that they were cognizant of the statement it would make by putting military uniforms out front. Kauai Police Commission Regular Open Session August 22, 2014 Page 8 SUBJECT DISCUSSION ACTION Chief Perry made the following announcements : 1 ) Briefing on hurricane Iselle and Julio by Civil Defense will be scheduled in the near future; 2) Request for presentation by KPAL; 3) Update by Life Choices Coordinator Theresa Koki regarding the Adolescent Drug Treatment and Healing Center Business Discussion on the Chief of Police upcoming Performance Evaluation for KPC 2014-12 FY 2013 -2014 Chair Iona asked the Commissioners to review the information on the Department of Personnel Services Administrative Policies and Procedures performance evaluation for executive appointees . KPC 2014-13 Public announcements for the following notarized complaints that were filed by a member of the public against an officer in the Kauai Police Department: • KPC : 2014-013 Chair Iona read the following public announcement into the record: Complaint filed on June 17, 2014, alleging that an officer of the County threatened and harassed the complainant during a traffic stop. Based on the 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 2014-013 . Kauai Police Commission Regular Open Session August 22, 2014 Page 9 SUBJECT DISCUSSION ACTION Announcements Next regular meeting — Friday, September 26, 2014, at 9 : 00 a.m. at the Mo ' ikeha Building — Meeting Room 2A/2B, followed by executive session. Executive Pursuant to the Hawaii Revised Statutes §92-4 and § 92-5 (a) (4), the Session purpose of this Executive Session is for the Commission to consult with its ES-33 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-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 7/25/ 14) 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-030 Notarized complaint received on August 14, 2014, filed against an officer in the Kauai Police Department. The complaint alleges that the officer did Kauai Police Commission Regular Open Session August 22, 2014 Page 10 SUBJECT DISCUSSION ACTION not take appropriate action against the individual who harassed and threatened the complainant and his family during an outing (Deferred on 7- 25 - 14) ES-031 : KPC Notarized complaint filed on June 13 , 2014, alleging that an officer of the 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 (Deferred on 7-25 - 14) ES-033 : KPC Notarized complaint filed on June 9, 2014, alleging that an officer of the 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 (Deferred on 7-25- 14) ES-035 : KPC Notarized complaint filed on August 6, 2014, alleging that an officer of the 2014-015 county continues to harass the complainants stemming from an incident that happened in 2005 . ES-036 Report from Chief of Police Darryl Perry on the Kauai Police Department' s disposition of notarized complaints filed by citizens with the Police Commission from January 2014 to June 30, 2014. ES-037 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 July 25 , 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 may relate to this item. ES-038 Pursuant to Hawaii Revised Statues § 92-4, § 92-5 (a) (4), the purpose of this Executive Session is for the Police Commission to consult with its attorney as to the powers, duties, privileges, immunities, and liabilities as they may relate to a communication dated August 7, 2014 from Councilmember Tim Bynum, requesting the release of Executive Session minutes from the Kauai Police Commission. Kauai Police Commission Regular Open Session August 22, 2014 Page 11 SUBJECT DISCUSSION ACTION Enter into Chair Iona called for a motion to enter into executive session. Commissioner O ' Connor moved to enter into Executive executive session. Commissioner Hertog Session seconded. Motion carried 4 : 0 At 10 :28 a.m. the Commission entered in to executive session. Return to Open The Commission reconvened at 12 : 07 p.m. Commissioner O ' Connor moved to ratify the Session to ratify Chair Iona called for a motion to ratify the actions taken in executive actions taken in executive session for Items ES- the actions taken session. 33 , ES-24, ES-030, and ES-031 : KPC 2014-012, in Executive ES-033 : KPC 2014-014, ES-035 , ES-36, ES- Session 037, and ES-038 . ES-33 : On-going) ES-030 : Motion carried 4 : 0 to defer to the next meeting in September. ES-031 : KPC 2014-012 : Motion carried 4 : 0 to defer the item to the next meeting in September. ES-033 : KPC 2014-014 : Motion carried 4 : 0 to NOT uphold the allegations in the complaint. ES-035 : Motion carried 4 : 0 to defer the item to the next meeting in September. ES-036 : Motion carried 4 : 0 to receive item ES- 036 . Kauai Police Commission Regular Open Session August 22, 2014 Page 12 SUBJECT DISCUSSION ACTION ES-037 : Motion carried 4 : 0 to approve the meeting minutes as circulated. ES-038 : Motion carried 4 : 0 to deny request. Adjournment Commissioner Hertog moved to adjourn the meeting. Commissioner O ' Connor seconded. Motion carried 4 : 0 At 12 : 07 p.m. the adjourned. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Charles C.C. Iona, Chair (X) Approved as circulated October 24, 2014 ( ) Approved as amended. See minutes of meeting.