Loading...
HomeMy WebLinkAbout10-24-14 KPC Open Session Minutes(cz) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date October 24, 2014 Location Mo' ikeha Building — Meeting Room 2A/213 Start of Meeting: 9 : 03 a.m. End of Meeting: 1 : 29 p.m. Present Chair Charles C .C . Iona; Members : Randall Francisco, Ernest Kanekoa, Mary K. Hertog, James R. O' Connor and Donald Okami Sr. Also present: Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff: Support Clerk Mercedes Youn, Administrator Paula Morikami; Police Department Staff. Assistant Chief Alejandre Quibilan; Officers Dustin Broad and Troy Sakiguchi; Special Guest: Mayor Bernard P. Carvalho Jr. (Left the meeting at 9 : 35 a.m.) Excused Vice Chair Alfredo Nebre Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9 : 03 a.m. with six (6) Commissioners present to ascertain a quorum. Chair Iona asked if anyone in the audience wanted to testify on any of the items listed on the agenda, hearing none, Chair Iona moved on to the next item approval of the meeting minutes . Approval of Regular Open Session Minutes of August 22 , 2014. On a motion made by Commissioner Kanekoa Minutes and seconded by Commissioner O ' Connor to approve the meeting minutes as circulated, motion carried 4 : 0 Mayor Bernard Chair Iona suspended the rules to accommodate Mayor Carvalho ' s P. Carvalho Jr. schedule in order that he could address the Commission. Mayor Carvalho thanked the Commissioners for all the work they do for the County of Kauai . He shared with the Commission that things are happening internally that will affect the operations of all departments relative to how we manage ourselves, how we become more effective and more responsible, to look at the responsibility that is placed on the departments and deputies on how they manage, and look at the operational piece. Every department and deputy will be required to provide input on 1 ) Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 2 SUBJECT DISCUSSION ACTION how to improve operational efficiency and effectiveness; 2) reduce personnel costs by not eliminating positions, but to look at alternatives such as sharing or consolidating functions; 3) improve customer service to the internal and external customer; 4) recommendations must be realistic and achievable, legally permissible and acceptable to the unions as well. The department heads were asked to respond back to the Mayor by November 1 . Commissioner Francisco thanked Mayor Carvalho for sharing his vision with the Commission. He stated it is important that everyone remembers what the overarching goal of government is, and in this economy one of the reasons he agreed to become a Police Commissioner is because he wanted to be part of process knowing that the government is doing its part. He stated one of the things that he is proud of is Cops Grant, which he believes will fulfill the Police Department ' s goal in trying to get another line of officers out into the public. Chair Iona stated one of things that he holds near and dear to his heart is the men and women of the Kauai Police Department who have to deal with the eleven head snake. He stated as the population grows certain things may happen, and if everything was made in heaven, and everyone was law abiding the department would have an easier time; but unfortunately it' s not that way. Chair Iona stated he applauds the Administration for moving things in a positive direction, but there will be some valleys that will be difficult, but we have to find ways to address it. He stated as the County begins to move towards the budget process he hopes that there will be less cuts in the Police Department for the sake of all police officers and public safety. Commissioner Hertog asked when all these new proposals come in on Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 3 SUBJECT DISCUSSION ACTION November 1st° and are finalized will it be advertised to the department heads when the time comes for Chief Perry to do his strategic planning. Mayor Carvalho stated he would meet with all of the department heads individually to get their input on these 4 areas. At 9 : 35 a.m. Mayor Carvalho left the meeting room. Chair Iona called the meeting back to order. Officers of the Officer Troy Sakiguchi stated he nominated Officer Dustin Broad for his Month for superior performance in a criminal investigation for a sexual assault of a August young female. On August 25 Officer Broad was assigned to investigate a sexual assault on a young female. The female related that the male subject entered her residence and sexually assaulted her. The victim was only able to provide a vague description of the suspect, and that he lived in the area. Officer Broad' s hard work, diligence, and relentless pursuit of justice lead to the removal of a dangerous sexual predator from the community, keeping others safe who may have fallen prey to this individual. Assistant Chief Alejandre Quibilan presented Officer Broad with a Certificate of Exemplary Service. Commendation There was one letter of commendation received involving 11 personnel in Report the Kauai Police Department. Robin Sanchez, Commander for the American Legion Post 54, and Edward Kawamura, Commander Kauai Veterans Council, wrote to commend Assistant Chief Alejandre Quibilan, Lieutenant Todd Tanaka, Detective Len Nitta, Sergeant Chris Calio, and Officers Alan Andres, Dustin Broad, Arnold Cayabyab, Darin Irimata, John Mullineaux, Randall Nero and Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 4 SUBJECT DISCUSSION ACTION Michael Nii, for their assistance and support of the American Legion Post 54 work Day. Powerpoint Due to work related commitments Sergeant Mark Ozaki ' s presentation was Presentation on deferred to the November 28, 2014 meeting. KPAL Youth Centers by Sergeant Mark Ozaki Powerpoint Ms. Theresa Koki shared a brief history on how the connections with Life presentation on Choices Kauai, formerly known as the Anti-Drug Program. First started the Drug in 2003 , a resolution was introduced by the County Council on behalf of Adolescent Mayor Brian Baptiste with concerns about the island' s drug problem. Ms. Treatment and Koki stated Kauai is the only County that operates from a four prong Healing Center approach such as prevention, enforcement, treatment and community by Life Choices integration. One of the events Life Choices Kauai sponsors to help Coordinator support the Kauai Police Department, County employees, supervisors and Theresa Koki community residents is the Annual Drug Summit, which provides education and training on the latest drug trends. Life Choices Kauai also participated in the "Shattered Dreams/Every 15 minutes" program, which is a comprehensive two-day program held at various high schools comprised of parent-student meetings and mock alcohol-related car crash where victims were extricated from the vehicles; mock death certificates ; identification at a local hospital involving the victims ' parents; mock trial at the Fifth Circuit Court in Lihu` e; and a mock memorial assembly. In 2012, Life Choices Kauai was able to support the K-PAL Program by giving the program a grant of $22,000 in addition to another enforcement grant for underage drinking, park sweeps and training. Update on Drug Adolescent Treatment & Healing Center — Ms. Koki stated Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 5 SUBJECT DISCUSSION ACTION when Mayor Carvalho was elected into office he understood that the center was a top priority, and included it in his Holo Holo 2020 vision. She stated consultants were hired to complete a feasibility study for the treatment facility, which required a blue ribbon panel, a special advisory committee to the Mayor, which comprised of various professionals in the community who specialize in the area of prevention, treatment, enforcement and community integration. Using the feasibility study as a guide the Blue Ribbon Panel selected Maalo (located near the Hanamaulu community) as the future site for the Drug Adolescent Teatment & Healing Center. Ms. Koki ended by stating steps are being made to finalize the contracts with the Department of Health as well as having on-going communication with all pertinent parties involved in the project. Chiefs Monthly 1 , Administrative, Technical Services & Training Reports/Orders Report 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 Assistant Chief Quibilan made the following announcements : • November 4th is Election Day 85th Police Recruit Class graduation Ceremony - Friday, November 7, 2014, 3 : 00 p .m. at the Kauai Beach Resort — Jasmine Ballroom • Friday, October 31 is Halloween he asked that the public be aware and cautious of the children trick —or-treating in their respective neighborhoods . Commissioner Francisco asked if the Police Department had completed its Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 6 SUBJECT DISCUSSION ACTION final expenditure report for fiscal year ending on June 30. He stated the reason for asking is because the Commission should be aware of how the department did in the previous year' s budget in order to support the department during the next budget process . He stated from what he understands the department is looking into purchasing new equipment to help protect the officers. Assistant Quibilan acknowledged his request, and stated that he would provide the Commission with a copy of the report by the next meeting. Commissioner Hertog asked if it was possible to get an update on the acquisition and testing of the body cameras to which Assistant Chief Quibilan replied he should be able to get the information by the next meeting. She commented that there were a series of articles in the Washington Post highly critical of what a lot of police departments throughout the mainland have done with cash forfeitures. She asked who has oversight over how the money is spent in the police department. Assistant Quibilan stated the Kauai Police Department gets its guidance from the federal government who oversees the asset and forfeiture program, which is handed down to each individual state and broken down to the different jurisdictions within the state. He explained relative to the Kauai Police Department the Vice Narcotics Section has a sergeant assigned to track and update all new federal regulations to ensure that the department abides by it. A/C Quibilan further explained any assets for forfeiture, if cash, will go into the department' s asset forfeiture account, if the asset is an item such as a car or jewelry these items are sent to the auction block. He stated the department' s fiscal officer oversees the forfeiture account, and the decisions are made by the Chief' s office on how to spend the funds in accordance to the federal government guidelines. Commissioner Hertog stated she understands the process; however, the Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 7 SUBJECT DISCUSSION ACTION article in the Washington Post was highly critical that some of the guidance was not being followed with what these assets were used for. She asked if there was someone in Honolulu that oversees what we do here on the outer islands. A/C Quibilan stated he is uncertain who the person is, if there is a person on Oahu. He added the Kauai Police Department recognizes if the department is in violation of the guidance it could lose the program. Business : Recap of the 2014 Hawai 'i State Law Enforcement Officers Association KPC 2014-14 Conference hosted by the Maui Police Department, Commissioner Hertog stated she thought it was a very good conference and she learned a lot in terms of the drug related problems here in the state. She shared with the Commission about a presentation on CIT (Crisis Intervention Training) on how the Maui Police Department is training its officers to deal with mentally challenged individuals . Chair Iona stated relative to the CIT program Maui County has an onsite psychologist who participates in the program. Commissioner Kanekoa stated he found the presentation by MAC very enlightening in terms of all the new technology (Apps) that is out there that he feels would help the police departments in many different ways. Commissioner Hertog stated there is a new app that can be downloaded into an officer' s phone to identify the name of a drug confiscated during a drug bust. Commissioner Francisco commented that he would ask the department to consider these types of new technology, and perhaps the Apple Store could do a demonstration for the police department in the future. KPC 2014-15 Discussion and decision-making on the Commission' s positon to support the Kauai Police Department' s priority projects and initiatives relating to the Kawaihau Police Substation at the Samuel Mahelona Hospital, Training Facility, Cops Grant for six new officers/ I new beat, Beat Expansions, Accreditation, Strategic Planning years, Body Cameras, School Resources Officers, DARE KPAL programs, and a new Records Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 8 SUBJECT DISCUSSION ACTION Management System. Chair Iona stated because the matter will require an in-depth conservation On a motion made by Commissioner O ' Connor with Chief Perry he would like to suggest that the Commission defer this seconded by Commissioner Kanekoa to defer matter until the next meeting when Chief Perry is present. item KPC 2014- 15 to the next meeting in November. Motion carried 6 : 0 KPC 2014-16 Invitation to the 85th Police Recruit Class Graduation Ceremony scheduled for Friday, November 7 , 2014, at 3 : 00 p.m. at the Kauai Beach Resort — Jasmine Ballroom Lihu` e, Kauai. Chair Iona encouraged all of the Commissioners to attend the event if their schedule permits. KPC 2014-17 Public announcement for the following notarized complaint that was filed by a member of the public against an officer in the Kauai Police Department Chair Iona read the public announcement for notarized complaint KPC 2014- 14 in to the record. Complaint filed on June 17, 2014, alleging that an officer of the County threatened to arrest the complainant; tried to offer legal advice without knowing the facts relating to the incident and the law. Based on its findings, the Commission found that there was 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 concluded the Commission' s review of complaint KPC 2014-014 , Announcements Next regular meeting — Friday, November 28 , 2014, at 9 : 00 a.m. at the Mo' ikeha Building, in Meeting Room 2A/2B, followed by Executive Session, Executive At 9 : 51 a.m. Commissioners O ' Connor and Francisco took turns reading Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 9 SUBJECT DISCUSSION ACTION Session the Hawaii Revised Statutes to bring the meeting into Executive Session. 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-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 -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 (On- going) 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 : KPC 2014-017 Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 10 SUBJECT DISCUSSION ACTION Notarized complaint received on August 14, 2014, filed against an officer in the Kauai Police Department. The complaint alleges that the officer did 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 2014-012 Notarized complaint filed on June 13 , 2014, alleging that an officer of the 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-035 : KPC 2014-015 Notarized complaint filed on August 6, 2014, alleging that an officer of the County continues to harass the complainants stemming from an incident that happened in 2005 . (Deferred on 8-22- 14) ES-039 : KPC 2014-016 Notarized complaint filed on August 14, 2014, alleging that an officer of the County trespassed and arrested the complainant without a warrant and probable cause resulting in violation of the complainant' s property rights and constitutional rights. ES-040 : KPC 2014-018 Notarized complaint filed on September 6, 2014, alleging that officers of the County failed to read the complainant' s rights, did not allow the complainant to make a statement, and used unnecessary force. ES-041 : KPC 2014-019 Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 11 SUBJECT DISCUSSION ACTION Notarized complaint filed on September 11 , 2014, alleging that after repeated attempts to try to explain that the complainant was not involved in an assault against a woman the officer still continued to badger the complainant. ES-042 : KPC 2014-020 Notarized complaint filed on September 15 , 2014, alleging that an officer of the County falsely accused and arrested the complainant for driving under the influence of alcohol, used improper procedures, and did not provide immediate medical attention. ES-043 : KPC 2014-021 Notarized complaint filed on September 26, 2014, alleging that an officer of the County' s actions were inappropriate, lacked professionalism by name calling, gossiping, and displayed inappropriate gestures . ES-044 : 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 August 22, 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-045 : 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 20, 2014, from Councilmember Gary Hooser, requesting a list of complaints brought by the public against the conduct of the Kauai Police Department or any of its Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 12 SUBJECT DISCUSSION ACTION members. ES-046 : 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 to by a letter dated October 13 , 2014, from Managing Director Nadine Nakamura 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. ES-047 : Discussion on the 2014 Performance Evaluation for the Chief of Police • Selection of potential Stakeholders At 10 : 01 a.m. Chair Iona called for a motion to enter in Executive Session. On a motion made by Commissioner Okami and seconded by Commissioner Hertog, to enter into Executive Session. Motion carried 6 :0 Return to Open At 1 :29 p.m. the Commission reconvened in Open Session. On a motion made by Commissioner O ' Connor Session to ratify and seconded by Commissioner Hertog, to ratify actions taken in the actions taken by the Police Commission in Executive Executive Session. Motion carried 6 : 0 Session ES-33 : On-going. ES-024 : Verbal report by Deputy County Attorney Ian Jung. ES-046 : Motion carried 6 : 0 to receive Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 13 SUBJECT DISCUSSION ACTION communication dated October 13 , 2014, from Managing Director Nadine Nakamura. ES-030 : KPC 2014-017 : Motion carried 6 : 0 to not uphold the allegations in the complaint. ES-031 : KPC 2014-012 : Motion carried 6 : 0 to not uphold the allegations in the complaint. ES-035 : KPC 2014-015 : Motion carried 6 : 0 to not uphold the allegations in the complaint. ES-039 : KPC 2014-016 : Motion carried 6 : 0 to not uphold the allegations in the complaint. ES-040 : KPC 2014-018 : Motion carried 6 : 0 to defer to the next meeting on November 28, 2014, pending receipt of additional information. ES-041 : KPC 2014-019 : Motion carried 6 : 0 to not uphold the allegations in the complaint. ES-042 : KPC 2014-020 : Motion carried 6 : 0 to not up hold the allegations in the complaint. ES-043 : KPC 2014-021 : Motion carried 6 : 0 to uphold the allegations in the complaint. ES-044 : Motion carried 6 : 0 to approve the Kauai Police Commission Regular Meeting Open Session October 24, 2014 Page 14 SUBJECT DISCUSSION ACTION Executive Session meeting minutes of August 221 2014 as circulated. ES-045 : Motion carried 6 : 0 to grant Councilmember Gary Hooser' s request for a list of complaints filed by citizens against the conduct of KPD and its members from January 2013 to present. ES-047 : Motion carried 6 : 0 to defer item for further discussion at the Commission' s next meeting on November 28, 2014. Adjournment Chair Iona called for a motion to adjourn the meeting. On a motion made by Commissioner Kanekoa and seconded by Commissioner Hertog to adjourn the meeting. Motion carried 6 : 0 At 1 :29 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 November 28 , 2014. ( ) Approved as amended. See minutes of meeting.