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HomeMy WebLinkAbout11-28-14 KPC Minutes Open Session COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date November 28, 2014 Location Mo' ikeha Building — Meeting Room 2A/213 Start of Meeting: 9 : 00 a.m. End of Meeting: 10 :42 a.m. Present Chair Charles C .C . Iona; Vice Chair Alfredo Nebre Jr. ; Members : Mary Kay Hertog, Ernest Kanekoa Jr. , James R. O . ' Connor, and Donald Okami Sr. Also present: Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Youn and Administrator Paula Morikami. Kauai Police Department: Assistant Chiefs Alejandre Quibilan and Roy Asher; Acting Captain Robert Gausephol; and Deputy Chief of Police Michael Contrades (Entered the meeting at 9 : 15 a.m.) Excused Commissioner Randall Francisco Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9 : 00 a.m. Chair Iona asked if there was anyone in the audience who would like to give testimony on any of the agenda items, hearing none, the meeting continued as scheduled. Chair Iona also stated for the record that Commissioner Francisco has been excused from attending today' s meeting. Approval of Regular Open Session Minutes of October 24, 2014. Vice Chair Nebre moved to approve the meeting Minutes minutes of October 24, 2014, as circulated. Chair Iona called for a motion to approve the meeting minutes as circulated. Commissioner Okami seconded the motion. Motion carried 6 : 0 Officers for the Chair Iona acknowledged Assistant Chief Alejandre Quibilan who is sitting in Month of for Chief Darryl Perry. November Assistant Chief Quibilan stated Captain Richard Rosa will be reading the commendations for Lieutenant Jon Takamura; Sergeant Jason Overmyer and Officers Shawn Hanna, Arthur Caberto, Isaiah and Joseph Himongala of the Kauai Police Department Traffic Safety Section. Captain Richard Rosa commended Lieutenant Jon Takamura; Sergeant Jason Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 2 SUBJECT DISCUSSION ACTION Overmyer; Officers Shawn Hanna, Arthur Caberto, Isaiah Sarsona and Russell Himongala for their exceptional investigative work involving a traffic crash that resulted in a pedestrian fatality. He stated on the morning of October 7, a female pedestrian was crossing Rice Street and was struck by the driver of the first vehicle. While on the phone calling for emergency aid the driver of the second vehicle struck the pedestrian again, but did not stop and continued to drive away. After conducting a three day extensive investigation the officers were able to locate and arrest the driver of the second vehicle and was able to bring closure to the victim' s loved ones . Assistant Chief Alejandre Quibilan presented each officer with a Certificate of Outstanding Exemplary Service for their outstanding work, professionalism, extensive training, and dedication they have shown during the investigation. Chair Iona stated he would like to personally thank Captain Richard Rosa and Sergeant Overmyer for orchestrating the recent child safety demonstration for the Westside community during its annual Fall Fest celebration in Waimea. He stated although no one from the community participated it was true a blessing for everyone living on the Westside to be able to see that KPD ' s Traffic Safety Section are experts in other fields of public safety. Commissioner Okami stated he echoes Chair Iona' s sediments because the work that the Traffic Safety Section does is invaluable and the fact that they were able to locate and arrest the second driver involved in the recent traffic crash is another good example of work that the people in the community does not see, but appreciates . At 9 : 15 a.m. Deputy Chief of Police Michael Contrades entered the meeting. Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 3 SUBJECT DISCUSSION ACTION Commendation Deputy Chief Contrades reported that there was one letter of commendation Report received from Ms . Momi Machado, Program Manager at Nana' s House, who wrote to commend Officer Damien Mendiola for speaking with and encouraging a hesitant individual to obtain needed assistance for himself. Chiefs Monthly 1 . Administrative, Technical Services & Training Reports/Orders Reports 2 . Fiscal Report 3 . Investigative Services Bureau Report 4. Patrol Services Bureau and Traffic Reports 5 . Community Oriented Policing Traffic Safety Unit & Districting Reports 6. Chief' s Announcements Chair Iona noted that his question pertains to Items 3 . Investigative Services Bureau Report and 4. Patrol Services Bureau Reports. Chair Iona stated there seems to be a rash of break-ins affecting all parts of the island and by just monitoring the social media it seems that they have been getting a lot of open tips such as vehicles license plate numbers . He asked although he understands that there is an on-going investigation, how is the Police Department doing and are they pushing hard in that area. Deputy Chief Contrades stated it is true that the island is experiencing a rise in burglaries and unauthorized entries into motorized vehicles. He stated the detectives as well as patrol officers have been diligent in following up on leads trying to establish who is responsible for these break-ins . He stated he would like to thank the community for coming forward and providing tips and some have even expressed their willingness to become witness which is vital and important to the development and investigation of these criminal cases. On a happier note, Deputy Chief Contrades stated over the Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 4 SUBJECT DISCUSSION ACTION Thanksgiving holiday KPD detectives was able to apprehend a 16 year-old subject on the north side of the island who was responsible for at least 11 burglaries. Commissioner Hertog shared with the Commissioners that a shop owner who she knows told her that her shop had been broken into twice in the last 30 days including her home which is located right behind of her shop. Commissioner Hertog stated although the shop owner expressed her frustration about the lack of response from KPD, she wants to compliment Captain Richard Rosa for the attention to follow-up and asked if the Deputy Chief could give the shop owner a call to help ease her frustrations. Deputy Chief Contrades stated he would be more than happy to talk with her and if KPD fell short he wants to apologize because that is not something KPD would purposely do. He explained the officers are tasked with a lot of responsibilities throughout the day and if she didn 't get a phone call or an email he would be more than happy to talk to her. Commissioner Hertog thanked Deputy Chief Contrades . Chair Iona stated he wants the viewing public to know that the best approach is to call 911 as soon as something happening. He stated there are too many instances where you have a small community where everybody knows each other by name and rather than call 911 first, they would call their neighbor to tell them that their house had just been burglarized which may hinder a quick a response by KPD . Chair Iona asked if there were any announcements to be made to which Deputy Chief Contrades stated he just wants the viewing public to know that the holidays are upon us and to please drive with caution to avoid any type of major incident or fatalities during the holiday season. Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 5 SUBJECT DISCUSSION ACTION Commissioner Okami stated with the recent break-ins he cannot place enough emphasis on the Neighborhood Watch Program. He shared with the Commissioners when his own neighborhood was beginning to grow Officer Scott Kaui was there to help the neighborhood by setting up meetings to educate the residents on security and safety measure and when and how to report a criminal activity and not to intervene. Chair Iona recognized Assistant Chief Roy Asher. Assistant Chief Asher stated being in charge of patrol services he gets a lot of calls from people and the three reasons why they feel they need to call is 1) the person wants to add something to their report about additional items that were stolen but wants but wants to speak to the same officer who took the initial report which, is not necessary because the person can call dispatch and another officer will take the information. He stated it also important for them to know that they should have their police report readily available so that the officer who takes the call can refer to the original report and write a supplemental report. 2) A person wants to know the status of their case, but if it' s on-going under KPD ' s policy the officer cannot give out any information relative to their case; 3 ) the public usually calls to get a copy of their police report for insurance purposes . He stated the best and quickest way to get the information is to call KPD ' s records division at 241 - 1661 to obtain a copy of the face sheet reflecting the type of classification, name of the complainant which is all the information the insurance company requires . Chair Iona thanked Assistant Chief Asher for giving the viewing public some tips and a general understanding of how the process works . Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 6 SUBJECT DISCUSSION ACTION Commissioner Kanekoa asked if the department has a breakdown, by percentage, on how many break-ins there were from Kilauea to Kalaheo. Deputy Chief of Police Contrades stated KPD has those capabilities through its crime mapping website which is semi-functional because the program has not been updated as quickly as he would have like it to be. He stated part of the reason is the system that the department is using has compatibility issues which they are hoping to fix in the near future. He stated once the program is fully operational and all of the information is updated it will show where all of the burglaries, thefts and car break-ins have occurred by each district. Business Discussion and decision-making on the Commission' s positon to support the KPC 2014-15 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/ 1 new beat, Beat Expansions, Accreditation, Strategic Planning 5 - 10 years, Body Cameras, School Resources Officers, DARE K-PAL programs, and a new Records Management System. (Deferred on 10/24/14) Chair Iona stated that the issue is really about asking the Commission for support on what the department already has in store and what they are proposing to the County Council. He stated the issue is in line with Chair Furfaro ' s request that the department come up with a strategic plan and although some of the projects/initiative are relatively hot-button topics he believes that the Commission can support many of these projects. For example, the Kawaihau Substation, the Commission has already expressed its support for the project now, all it needs to do is to look at and try to see how the Commission can assist in making all of this come to fruition. He stated he Commissioner Kanekoa moved to defer Item would like to defer the discussion to December when Chief Perry gets back to KPC 2014- 15 to the December meeting. Vice cover all of the bases. Chair Nebre seconded the motion. Motion carried 6 : 0 Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 7 SUBJECT DISCUSSION ACTION KPC 2014-18 Public announcements for the following notarized complaints that was filed by members of the public against an officer (s) in the Kauai Police Department. KPC: 2014-012 Complaint filed on June 13 , 2014, alleging that an Officer of the County altered tickets . Based on its findings, the Commission found that there was NOT enough information to uphold the allegations in the complaint. The complaint has been 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 2014-012 . KPC 2014-015 Complaint filed on August 6, 2014, alleging that an Officer of the County continued to harass the complainants stemming from an incident that happened in 2005 . Based on its findings, the Commission found that there was NOT enough information to uphold the allegations in the complaint. The complaint has been 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 2014-015 . KPC 2014-016 *Note there was no public announcement - this item was deferred pending receipt of additional information. KPC 2014-017 Complaint filed on August 14, 2014, alleging that an Officer in the Kauai Police Department did not take appropriate action against the individual who harassed and threatened the complainant and his family. Based on its findings, the Commission found that there was NOT enough information to Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 8 SUBJECT DISCUSSION ACTION 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- 017 . KPC 2014-019 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 continued to badger the complainant. Based on its findings, the Commission found that there was NOT enough information to uphold the allegations in the complaint. The complaint has been 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 2014-019 , KPC 2014-020 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. 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 2014-020 . KPC 2014-021 Complaint filed on September 26, 2014, alleging that an Officer of the County actions were inappropriate, lacked professionalism by name calling, gossiping, and displayed inappropriate gestures . Based on its findings, the Commission found that there was enough information to uphold the Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 9 SUBJECT DISCUSSION ACTION 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 2014-021 . Announcements Next regular meeting — December 19, 2014, at 9 : 00 a.m. at the Mo' ikeha Building, Meeting Room 2A/2B . Executive At 9 : 34 a.m. Vice Chair Nebre read the Hawaii Revised Statutes into the Session : ES-33 record to bring the meeting into Executive Session. 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 -003435 486-2013 -000059 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 : Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 10 SUBJECT DISCUSSION ACTION 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. (Deferred on 10-24- 14) ES-047 Discussion and decision-making on the 2014 Performance Evaluation for the Chief of Police (Deferred on 10-24- 14) • Selection of potential Stakeholders ES-048 : KPC Notarized complaint filed on October 17, 2014, alleging that officers of the 2014-023 County harassed and held the complainant at gun point, ordered the complainant to lay face down in the mud, searched the complainant' s truck without a warrant, and took license and never gave it back. ES-049 : KPC Notarized complaint filed on October 17, 2014, alleging that an officer of the 2014-024 County pulled the complainant over without probable cause, ordered the complainant to sit in the rain, and seized the complainant ' s truck for no reason. ES-050 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 November 7, 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-051 Pursuant to the Hawaii Revised Statutes §92-4, § 92-5 (a) (4), the purpose of the Executive Session of 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 October 24, 2014, from Council Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page I I SUBJECT DISCUSSION ACTION Chair Jay Furfaro, requesting a meeting with the Office of the Mayor, Police Commission and County Council to discuss EEOC matters . ES-052 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 October 24, 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. Commissioner O ' Connor moved to enter into Chair Iona called for a motion to enter into Executive Session. Executive Session. Commissioner Okami seconded the motion. Motion carried 6 : 0 At 9 : 34 a.m. the Commission entered into Executive Session. Return to Open At 10 :42 a.m. the Commission reconvened in Open Session. Commissioner O ' Connor moved to ratify the Session to ratify actions taken in Executive Session, the actions taken Chair Iona called for a motion to ratify the actions taken in Executive Session Commissioner Kanekoa seconded the motion. in Executive by the Police Commission Motion carried 6 : 0 Session ES-33 : (On-going) ES-024 : (On-going) ES-040 : KPC 2014 : 018 : Motion carried 6 : 0 to not take action based on the nature of the allegations in the complaint. ES-047 : Motion carried 6 : 0 to approve the eight (8) stakeholders. ES-048 : KPC 2014-023 : Motion carried 6 : 0 to defer pending receipt of information. ES-049 : KPC 2014-024 : Motion carried 6 : 0 to not take action based on the recent findings. ES-050 : Motion carried 6 : 0 to receive the Kauai Police Commission Regular Meeting - Open Session November 28, 2014 Page 12 SUBJECT DISCUSSION ACTION communication dated November 7, 2014, for the record. ES-051 : Motion carried 6 : 0 to receive the communication dated October 24, 2014, for the record. ES-052 : Motion carried 6 : 0 to approve the meeting minutes of October 24, 2014, as circulated. Adjournment Chair Iona called for a motion to adjourn the meeting. Vice Chair Nebre moved to adjourn the meeting. Commissioner Kanekoa seconded the motion. Motion carried 6 : 0 At 10 :42 a.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 December 19, 2014 ( ) Approved as amended. See minutes of meeting.