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Home My WebLink About01-23-15 KPC Open Session approvedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date January 23, 2015 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:05 a.m. End of Meeting: 10:34 a.m. Present Chair Ernest Kanekoa Jr.; Members: Mary Kay Hertog; James R. O'Connor; Donald Okami Sr., Also: Deputy County Attorney Ian Jung; Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Paula Morikami; Police Department: Chief of Police Darryl Perry Excused Vice Chair Charles C.C. Iona; Members Randall Francisco and Alfredo Nebre Jr. Absent SUBJECT DISCUSSION ACTION Call To Order At 9:05 a.m. Chair Kanekoa called the meeting to order with four (4) members present constituting a quorum. Approval of Regular Open Session Minutes of December 19, 2014. Commissioner Okami moved to approve the Minutes minutes. Commissioner O'Connor seconded. The motion carried 4:0 Officers of the Chief Perry informed the Commissioners that due to a heavy workload he Deferred to the February meeting. month for was not able to inform the officers earlier of the meeting. He apologized February and assured the Commissioners and the public that the officers will be present at the next meeting and will be recognized accordingly. Commendation Chief Perry stated in lieu of the commendation report he would like to take Report the opportunity to thank the Commissioners for all of their support they have given to the Police Department throughout the years, particularly last year during a time when the Department had to deal with some issues that were complex and very stressful. Chief s Monthly Reports 1. Administrative, Technical Services & Training Reports /Orders 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau & Traffic Reports 5. Community Oriented Policing Traffic Safety Unit and District Reports Kauai Police Commission Regular Open Session January 23, 2015 Page 2 SUBJECT DISCUSSION ACTION 6. Personnel Orders 7. Chief's announcements and pertinent updates Commissioner Hertog stated after she reviewed the budget report she noticed that the asset forfeitures account showed $61,413.80 in expenditures. She asked if the Commission could be provided with an itemized list of purchases besides the body cameras. She stated that with all of the attention on the body cameras she felt that it would be a good idea for the Commission to see what other items the department had purchased. Chief Perry stated he plans to meet with the Commission very soon to go over the Department's upcoming budget for FY 2015 and would like to address the asset forfeiture aspect then. Chief's Announcements & Pertinent Updates • The Department is in the process of conducting an internal investigation in regard to a tragic incident involving a police officer and one traffic fatality. The Police Department is conferring with the Office of the Prosecuting Attorney which is a normal practice in these types of cases. • KPD's capture of fugitive Akira Obatake. Contrary to what was reported in the social media that Mr. Obatake voluntarily turned himself in had a lot to do with the Investigative Bureau Criminal Taskforce closing in on him which is the real reason the fugitive turned himself in. • The Kauai Police Department is tracking the following Legislative Bills relating to: 1) Medical Marijuana Dispensaries; 2) Concealed Carry Firearms Law; and 3) House Bill No. 2574, relating to rules of evidence, nonresident property crimes; video testimony by Kauai Police Commission Regular Open Session January 23, 2015 Page 3 SUBJECT DISCUSSION ACTION witnesses and is described as an amendment to the Hawaii Rules of Evidence to authorize nonresident property crime victims to testify in criminal proceedings by a live two -way video connection. Commissioner Hertog asked about the status of H.B. No. 2574. Chief Perry explained because the bill did not pass last year's legislation it was reintroduced this year with the hope of a more favorable outcome. • Chief Perry announced that he received an email from Senator Brian Schatz in regard to a new bill to help fund the police body cameras program. The bill will be introduced in the coming days and would create a grant pilot program to fund body -worn cameras by law enforcement agencies. The grants will be administered through the Office of Community Policing (COPS Office). In addition, the bill would also direct COPS to conduct a study on the efficacy of body- worn- cameras, the management of collected video, privacy concerns for both citizens and officers, and safety concerns for both the public and officers. Senator Schatz's bill is a modest proposal which will appropriate $10 million to the COPS, which will include development policies and best practices to alleviate concerns from the law enforcement community. (Copy of Chief Perry's testimony dated January 22, 2015, is on file with the Office of Boards and Commissions). • Promotion of Ms. Eunice Apeles to Records Supervisor; Deputy Chief of Police Michael Contrades has stepped down from his deputy position and is now the Assistant Chief of the Investigative Services Bureau. Announcements Next regular meeting — Friday, February 27, 2015, at 9:00 a.m. at the Kauai Police Commission Regular Open Session January 23, 2015 SUBJECT DISCUSSION ACTION Mo'ikeha Building, Meeting Room 2A /213. Executive Session ES -33 At 9:16 a.m. Commissioner O'Connor cited the following Hawaii Revised Statutes to bring the meeting into Executive Session. ES -33: Pursuant to the Hawaii Revised Statutes X92 -4 and ., 9a) (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 02 -4 and 02 -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 involves consideration of the powers, duties, privileges, immunities and /or liabilities of the Police Commission and the Count.. any 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 Open Session January 23, 2015 Page 5 SUBJECT DISCUSSION ACTION ES -039: KPC 2014 -016 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 which resulted in violation of the complainant's property rights and constitutional rights. (Deferred on 12 -19- 14 ES -049: 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 license and never gave it back. (Deferred on 12- 19 -14) ES -049: KPC 2014 -025 Complaint received on November 19, 2014, alleging that officers of the County was unprofessional and violated the Department's standard of policing_ protocols during an incident that occurred on November 13, 2014. ES -050: KPC 2014 -026 Complaint received on December 4, 2014, alleging that an officer of the County was hostile, refused to identify himself, threatened and falsely accused the complainant of being- drunk, wrote untrue tickets. ES -003: KPC 2015 -003 Complaint received on January 5, 2015, alleging that officers of the County demonstrated incompetency and unprofessional behavior, provided confusing instructions and wrongly accused the complainant. ES -001 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 December 19, 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 -004 Discussion on the Chief of Police 2014 Performance Evaluation, ES- 003: KPC 2015 -003 Complaint received on January 5, 2015, alleging; that officers of the County At 9:22 a.m. the Commission entered into Executive Session. demonstrated incompetency and unprofessional behavior, provided confusing instructions and wrongly accused the complainant. Kauai Police Commission Regular Open Session January 23, 2015 SUBJECT DISCUSSION ACTION Return to At 10:34 a.m. the Commission reconvened. Chair Kanekoa called for a Commissioner Hertog moved to ratify the Session to ratify motion to ratify the actions taken in Executive Session. actions taken in Executive Session for the the actions taken following items. Commissioner Okami in Executive seconded the motion. Motion carried 4:0 Session ES -001: Motion carried 4:0 to approve the meeting minutes of December 19, 2014, ES -003: KPC 2015 -001, Motion carried 4:0 to defer the item to the next meeting. ES -004: Motion carried 4:0 to accept the Chief's 2014 Performance Evaluation. ES -33: On -going ES -039: KPC 2014 -016, Motion carried to forward the complaint to the Office of the Chief for further investigation. ES -048: KPC 2014 -023, Motion carried 4:0 to forward the complaint to the Office of the Chief for further investigation. ES -049: KPC 2014 -049, Motion carried 4:0 to defer the item to the next meeting. ES -050: KPC 2014 -026, Motion carried 4:0 to defer the item to the next meeting. Adjournment Commissioner Hertog moved to adjourn the meeting. Commissioner O'Connor seconded. Motion carried 4:0 Kauai Police Commission Regular Open Session January 23, 2015 Submitted by: Mercedes Omo, Staff Support Clerk (x) Approved as circulated on February 27, 2015 ( ) Approved as amended. See minutes of meeting. Page 7 Reviewed and Approved by: Charles C.C. Iona, Vice Chair