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HomeMy WebLinkAbout12-19-14 KPC December minutes approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Kauai Police Commission Meeting Date December 19, 2014 Location Mo' ikeha Building — Meeting Room 2A/213 Start of Meeting: 9 : 00 a.m. End of Meeting: 10 : 35 a.m. Present Chair Charles C .C . Iona; Vice Chair Alfredo Nebre Jr. ; Members : Randy Francisco, Mary Hertog, Ernest Kanekoa Jr. , James O ' Connor, Donald Okami Sr. Also present: Deputy County Attorney Jodi Sayegusa; Boards & Commissions Office Staff: Support Clerk Mercedes Youn; Kauai Police Department: Chief of Police Darryl Perry, Deputy Chief of Police Michael Contrades; Assistant Chief Alejandre Quibilan; Lieutenant Bryson Ponce; Detective James Kurasaki Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9 : 00 a.m. with all seven (7) members present to conduct business. Chair Iona asked if there was anyone in the audience who wished to give testimony on any of the items that is listed on the agenda; if not, he would proceed with the meeting. Approval of Chair Iona called for a motion to approve the minutes of the November 28 , Vice Chair Nebre moved to approve the meeting Minutes 2014, as circulated. minutes as circulated. Commissioner O ' Connor seconded. The motion carried 7 : 0 Officer of the Reading the recognition for Detective James Kurasaki was Lieutenant Month for Bryson Ponce. December Detective Kurasaki was hired by the Kauai Police Department on July 7, 1981 , and is currently the most senior member in the Kauai Police Department. In his 33 years as a law enforcement officer Detective Kurasaki served as a patrol officer, evidence custodian, and patrol sergeant. While serving as a patrol sergeant Detective Kurasaki was well respected for his great attitude, guidance, and mentorship. As a detective he worked on all types of criminal cases such as burglary, firearm violations, theft, Kauai Police Commission Regular Open Session December 19, 2014 Page 2 SUBJECT DISCUSSION ACTION arson, forgery, vehicle break-ins, and murder cases, but was well known as the pioneer in sexual assault investigations . Detective Kurasaki' s passion and commitment to solving sexual assault cases brought justice and closure to the victims of sexual assault. One of his most admirable accomplishments in the Kauai Police Department was his ability to conduct interviews with child and adult victims. Detective Kurasaki is scheduled to retire at the close of business on December 30, 2014. Chief Perry presented Detective Kurasaki with a Certificate of Outstanding and Exemplary Service for his exceptional work and dedication to the community in his 33 years of service in the Kauai Police Department, Chair Iona and members of the Commission thanked Detective Kurasaki for his 33 years of distinguished service to the community, and wished him well in his retirement. Commissioner Hertog extended her gratitude to Mrs. Kurasaki for supporting her husband throughout his career on the police force. She noted from what she understands (being a cop herself in the United States Air Force) it was not always easy for a spouse, and for that she felt that Mrs. Kurasaki deserves recognition. Chief Perry stated he would be remiss if he did not recognize the two other individuals who will also be retiring at the end of the year. First Assistant Chief Alejandre Quibilan, with over three decades of service and 911 Dispatcher Supervisor Kathleen Langtad (affectionately known as the "Colonel"), with 33 years of service. Commendation There were three (3) letters of commendation that was received involving Report five (5) personnel in the Kauai Police Department. Kauai Police Commission Regular Open Session December 19, 2014 Page 3 SUBJECT DISCUSSION ACTION Letter dated November 11 , 2014, from KPD Chaplain Thomas Iannucci, commending Sergeant Roderick Green for his professionalism and quality work ethic and dedication to duty. Letter dated November 26, 2014, from ASAC Robin Dinlocker of the Drug Enforcement Administration, U. S . Department of Justice, commending Sergeant Jason Matsuoka, Officer Arnold Cayabyab and Ms. Johnette Chun for their assistance during the National Take Back Initiative event held on September 27, 2014. Letter dated November 26, 2014, from Retired Lieutenant Hall of the San Francisco Police Department, commending Officer Michael Buratti for his great demeanor and professionalism when taking his report for stolen property. Mr. Hall also wrote how he was impressed when shortly thereafter, Officer Buratti returned his stolen property that was located and turned in to the police department. Chiefs Monthly 1 . Administrative, Technical Bureau and Training Reports/ Orders Reports 2 . Fiscal Report 3 . Investigative Services Bureau 4. Patrol Services Bureau and Traffic Reports 5 . Community Oriented Policing Traffic Safety Unit and District Reports 6. Chief' s Announcements and Pertinent Updates Administrative and Technical Bureau Reports Commissioner Francisco stated he noticed that the next recruitment class is scheduled to begin on January 5 . He asked with all of the transitions and vacancies in the department, approximately what percentage of the positions will be filled from a projection standpoint. He asked with the unemployment continuing to go down wouldn't it be more challenging for Kauai Police Commission Regular Open Session December 19, 2014 Page 4 SUBJECT DISCUSSION ACTION the department to find qualified recruits, not to mention that a lot of businesses in the private sectors are becoming a lot more aggressive by offering larger pay packages and benefits . Chief Perry indicated that with the start of the new recruit class on January 5 , and the second coming up either in June or July of this year, he projects that most of the police services officers positions will be filled at that point, and although he is aware of the budgetary constraints it will not have any impact on the department' s personnel staffing. Commissioner Hertog asked if their recruitment efforts would include the new Kawaihau district and a new beat to which Chief Perry replied yes. Commissioner Francisco commended the department for being aggressive in its recruitment efforts noting that the mountain and the hill has just come down to a place where everyone can say, hey a job well done. Chief Perry stated it has been a great effort on the part of the department' s Administrative and Technical Bureau, under the leadership of Acting Assistant Chief Robert Gausephol and everyone working as a team. Investigative Bureau Chair Iona commended the Investigative Services Bureau for the capture of the individuals responsible for committing all of the burglaries in the various communities. He commented what the general public does not realize is that once the police department has completed its investigation the case is sent to the Office of the Prosecuting Attorney to determine if there are enough merits to take the case to trial and if so, it' s the courts who will ultimately determine the fate of the individuals . Kauai Police Commission Regular Open Session December 19, 2014 Page 5 SUBJECT DISCUSSION ACTION Commissioner Francisco shared, as a member of the Kauai Visitors Bureau, they had their annual meeting which just so happened to coincide with the press release about the capture of the individuals responsible for these crimes. He stated with the holiday season approaching he believes that everyone in the visitors industry, and all of the businesses that are associated with this particular sector, need to have a sense that whatever crime that is being committed, at some point, there will be a resolution. He added in his early tenure as a member of the Kauai Visitors Bureau he felt that the crimes that were being committed was a big concern, so much so, that it convinced him to want to become a member of the Kauai Police Commission instead of just sitting on the sidelines. Commissioner Kanekoa asked how many canines does the police department currently have, and how often the dogs are trained to which Chief Perry replied that KPD has one canine which is recertified annually. Commissioner Hertog said that she was contacted by Sergeant Green about possibly getting another canine, maybe through the Department of Defense, to which Chief Perry replied they are looking into it. Commissioner Hertog mentioned that the DOD has two types of dogs ready for adoption, and the first choice would go to law enforcement agencies . Chief Perry stated perhaps they could discuss the matter at a later time to which Commissioner Hertog replied okay. Chief' s announcements and pertinent updates Chief Perry thanked the Commissioners for bringing the arrest of the individuals to the public ' s attention. He stated if there is anything that the department does not do well it is publicizing its successes . He stated that the core of these offenses are drug related, and the sentences that are coming up in the Fifth Circuit are very serious . However, he does not believe that incarceration is the answer to everything, and that treatment is Kauai Police Commission Regular Open Session December 19, 2014 Page 6 SUBJECT DISCUSSION ACTION more in the direction of where we should go. Chief Perry made the following announcements : • Hawai ` i News Now recently did a story on body cameras which should be shown on television within the next several days. • Chief Perry thanked Ms. Corina Sabala of the Waimea Valley Intermediate School for inviting him to be a guest speaker at the school' s "Connect for Success Program" • Chief Perry shared a comment that was made to him in relation to a recent story that happen in Cleveland, Ohio, where a 12 year-old boy produced what appeared to be a weapon (pellet gun) and was shot by the officer because the officer interpreted it as being a threat. The comment stated that KPD must do its due diligence in its recruitment efforts by doing extensive background checks . • News article about powdered alcohol where an individual would put the powder in water and it changes to alcohol in which several states have passed legislation against it. • Kaua` i has suffered its 8th traffic fatality involving a male victim. He asked that the public take caution when driving and make sure to buckle up. Business KPC 2014- 15 Discussion and decision-making on the Commission ' s position to support the Kauai Police Department ' s priority projects and initiatives relating to the Kawaihau Police Substation at the Samuel Mahelona Hospital, Training Facility,acility, 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 October 24, 2014) Kauai Police Commission Regular Open Session December 19, 2014 Page 7 SUBJECT DISCUSSION ACTION Chair Iona stated that although the item was deferred the Commission is fully aware of the department' s intentions, and therefore calling for a motion to support the department' s strategic plan would be appropriate at this time. Commissioner Okami moved to accept and support the Kauai Police Department' s priority projects and initiatives to include a letter of support from the Commission to Council Chair Mel Rapozo. Commissioner Kanekoa seconded the motion. Discussion Chair Iona stated he believes that the initiatives will give the Council a sense of confidence to say yes, and that the department is not just floating along, but is looking at targeting specific areas that need to be increased and/or improved on. He added that this would fall in line with the rest of the items that the county is looking at relative to its master plan. Hearing no further discussion, Chair Iona called for the vote. The motion carried 7 : 0 KPC 2014-019 Memorandum dated December 2 , 2014, from Councilmember Gary Hooser, Public Safety Committee Chair, to Chair Charles Iona and Members of the Kauai Police Commission, regarding an invitation to attend a briefing; during the January 5 , 2015 , Public Safety Committee meeting relating latin to the possibility of purchasing Body Cameras or similar recording technology. Chair Iona noted that the date of the briefing needed clarification. Staff Commissioner Kanekoa moved to receive item stated that it was a typo and that the correct date should have read January KPC 2014-019 . Commissioner Hertog seconded 7 and not January 5 . Chair Iona thanked Staff for the clarification and the motion. The motion carried 7 : 0 called for a motion to receive item KPC 2014-019 . Kauai Police Commission Regular Open Session December 19, 2014 Page 8 SUBJECT DISCUSSION ACTION KPC 2014-20 Approval of the 2015 Meeting Schedule. Commissioner Kanekoa moved to accept item KPC 2014-20 as circulated. Commissioner Chair Iona called for a motion to accept the 2015 Meeting Schedule as O ' Connor seconded the motion. circulated. The motion carried 7 : 0 KPC 2014-21 Selection of 2015 Chair and Vice Chair. Chair Iona opened the floor for nominations to the position of Chair. Vice Chair Nebre moved to nominate Commissioner Kanekoa to the positon of Chair. Vice Chair Nebre nominated Commissioner Kanekoa to the position of Chair. Commissioner Hertog stated she would like to re-nominate Chair Iona, if permissible. Chair Iona explained that the rules only allow the Chair to serve a one year term, but could be nominated for the position of Vice Chair. Commissioner Okami stated he would like to nominate Commissioner Francisco to the positon of Chair to which Commissioner Francisco respectfully declined the nomination. Chair Iona asked if there were more nominations; if not, he would like to Commissioner Francisco : Aye call for an open yes or no vote. Commissioner Hertog: Aye Commissioner O ' Connor: Aye Commissioner Okami: Aye Vice Chair Nebre: Aye Chair Iona: Aye With 6 Ayes, Commissioner Kanekoa is now the new Chair for 2015 . Chair Iona called for nominations for the position of Vice Chair, Commissioner Okami nominated Commissioner Francisco to the position of Vice Chair, to which he declined. Commissioner Hertog nominated Chair Iona to the position of Vice Chair, to which he accepted. Kauai Police Commission Regular Open Session December 19, 2014 Page 9 SUBJECT DISCUSSION ACTION Chair Iona stated rather than call for a role call he would simply call for an Commissioner Francisco : Aye open yes or no vote. Commissioner Hertog: Aye Commissioner Kanekoa: Aye Commissioner O ' Connor: Aye Commissioner Okami : Aye Vice Chair Nebre: Aye With 6 Ayes, Chair Iona is now the new Vice Chair for 2015 . Chair Iona wished Vice Chair Nebre well and thanked him for his 10 years of service as a volunteer on the Kauai Police Commission. Vice Chair Nebre ' s tenure will expire in March after a 90-day holdover. Announcements Next regular meeting — Friday, January 23 , 2015 , at 9 : 00 a.m. at the Mo' ikeha Building in Meeting Room 2A/213, followed by Executive Session. Executive At 9 : 57 a.m. Vice Chair Nebre read the Hawaii Revised Statutes to take Session 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), 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 Kauai Police Commission Regular Open Session December 19, 2014 Page 10 SUBJECT DISCUSSION ACTION 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) Complaints 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-039 KPC 2014-016 Notarized complaint filed on August 14, 2014, alleging that an officer of the County trespassed and arrested the complainant without having a warrant and probable cause resulting in violation of the complainant' s property rights and constitutional rights (Deferred on 10-24- 14) ES-048 KPC 2014-023 Notarized complaint filed on October 17, 2014, alleging that officers of the 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 his license and never gave it back (Deferred on 11-28- 14) ES-053 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 November 28 , 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 December 19, 2014 Page 11 SUBJECT DISCUSSION ACTION may relate to this item At 10 : 00 a.m. the Commission entered into Executive Session. Return to Open At 10 : 35 a.m. the Commission reconvened in Open Session. Chair Iona Commissioner Kanekoa moved to ratify the Session to ratify called for a motion to ratify the actions taken by the Commission in actions taken by the Commission in Executive the actions taken Executive Session. Session. Vice Chair Nebre seconded the motion. in Executive The motion carried 7 : 0 Session ES-33 : On-going ES-024 : On-going ES-039 : KPC 2014-016 : Motion carried 7 : 0 to defer the item to the January meeting pending additional information. ES-048 : KPC 2014-023 : Motion carried 7 : 0 to defer the item to the meeting in January pending additional information. ES-053 : Approval of the meeting minutes. Motion carried 7 : 0 to approve the meeting minutes as circulated. Adjournment Chair Iona called for a motion to adjourn. At 10 : 35 a.m. Commissioner Kanekoa moved to adjourn the meeting. Commissioner Hertog seconded the motion. The motion carried 7 : 0 Kauai Police Commission Regular Open Session December 19, 2014 Page 12 Submitted by: Reviewed and Approved by: Mercedes Omo, Staff Support Clerk Ernest Kanekoa Jr. , Chair (x) Approved as circulated on January 23 , 2015 . ( ) Approved as amended. See minutes of meeting.