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HomeMy WebLinkAbout02-27-15 KPC Open SessionCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date February 27, 2015 Location Mo'ikeha Building, Meeting Room 2A /213 Start of Meeting: 9:00 a.m. End of Meeting: 1:45 p.m. Present Vice Chair Charles C.C. Iona; Members: Randall Francisco, Mary K. Hertog, James O'Connor, Donald Okami Sr. Alfredo Nebre Jr. Also First Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Youn; Administrator Paula Morikami; Police Department: Assistant Chief Michael Contrades; Assistant Chief Roy Asher; Acting Assistant Chief Robert Gausephol, Acting Captain Paul Applegate; Lieutenant Bryson Ponce; Officers Aaron Bandmann, Damian Loo, Mackenzie Metcalfe; Managing Director Nadine Nakamura and Chief Procurement Officer Ernest Barreira. Excused Chair Ernest Kanekoa Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Iona called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of January 23, 2015. Commissioner Nebre moved to approve the Minutes meeting minutes of January 23, 2015. Commissioner O'Connor seconded. Motion carried 6:0 Officers of the Reading the recognition for the officers of the month was Officer Aaron Month for Bandmann. January (Deferred on Officers Damian Loo and Mackenzie Metcalfe were honored for their January 23, highly effective steadfast investigative skills that lead to the crumbling of a 2015) crime ring on the north shore. Special recognition also went to the Investigative Services Bureau for conducting the investigation that subsequently led to the suspect's admission to the crimes. Assistant Chief Michael Contrades presented Officers Metcalfe and Loo with a Certificate of Outstanding and Exemplary Service for their commitment and dedication to the community. Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION Commissioner Francisco stated that he was pleased and proud to see that the Kauai Police Department is doing such a great job, and as member of the Kauai Visitors Bureau and the President of the Kauai Chamber of Commerce he would like to reassure his fellow members that the crimes are being solved. Commissioner Okami stated on behalf of the community he would like to thank the Officers for their steadfast pursuit that ended a crime spree that has plague the island for a very longtime. Chair Iona stated it is truly an honor to see these fine gentlemen being recognized for their hard work. He stated as Commissioners they should praise the men and women in the Kauai Police Department every single day especially because they are putting their lives on the line. He stated anytime a crime is committed it not only affects the community but it effects the tourism industry as well. He stated the actions of these two officers should serve as reminder to everyone that KPD will not let any stone go unturned. Officer Metcalfe commented that we all live and work in the community and when a crime is committed it not only leaves a black eye on community but on the men and women of the Kauai Police Department as well, which is the main reason what drives KPD to take great strides to put an end to all criminal activities. Cost Reduction Chair Iona stated that he would suspend the rules to allow Managing Presentation by Director Nadine Nakamura and Chief procurement Officer Ernest Barreira the County's to present a power point on the fiscal outlook for the County. Budget Team Nadine Nakamura, Managing Director - Ms. Nakamura discussed where the County has grown in the past four years, the cuts that were made, some Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION of strategies to reduce cost, and the opportunities and challenges ahead. Ernest Barreira, Chief Procurement Officer — Mr. Barreira reviewed all of the information in the power point presentation relating to the financial realities the County is faced with in preparation of the 2016 fiscal year budget which will be submitted to the County Council on March 13, 2015. Commissioner Francisco asked of the total budget, what represents services and fees as opposed to real property tax collection from a percentage standpoint noting, that the entire budget is not comprised of real property taxes. Mr. Barreira stated real property taxes represents 80% of the County's revenue stream which by far is the most extensive, the next largest but significantly lower at $14.5 million is the transient accommodation tax. Commissioner Francisco stated from a legislative perspective he is quite aware that the TAT is not going to happen for the next two years which he believes will impact the economy. But as the economy continues to improve and the tax collection shows a residual effect, what kind of new revenue will be projected in terms of development Mr. Barreira stated with all of the pending new developments the County is taking a proactive approach on how it reviews plans in order to move the projects quicker. He stated as the projects continue it will have a significant impact for additional revenue for the island. Commissioner Francisco stated he would like to acknowledge all of the work the County Council and the Administration has done so far, and for someone who has been to the legislature on numerous occasions he has a tremendous sense of pride knowing that the Kauai County has paid its obligations to its retirees. Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION Commissioner Hertog asked if the pay increases for police and fire was the result of parties not having a pay increases for a period of time and that the County is now trying to play catch -up. Assistant Deputy Chief Contrades stated although he could not give her the exact numbers the pay scale was far below the national averages which made it difficult for KPD to recruit. Commissioner Hertog asked with the expansion of the County's bus system is there a County agency who oversees the ridership aspect to make sure that it is worth the expense to which Managing Director Nakamura replied yes. Commissioner Hertog stated with the a 6.9% budget reduction asking if there was any consideration to do a surgical reduction as opposed to doing a direct slice based on the department's prioritization of services that it provides. Mr. Barreira stated after numerous discussions it is turning into that type of scenario because the Mayor had concerns about what services carry the highest priority. Chair Iona stated he has to lay favor with the Kauai Police Department because he does not want to see their budget reduced to the point where sacrifices will equate to lives. He asked if the County has ever considered looking into partnering with any public or private organizations to help offset the budget aspect. Ms. Nakamura stated that Mayor Carvalho's main initiative is to develop a working relationship public and or private organizations to possibly help oversee park maintenance as well as the adoption of stewardship agreement for the Kilauea Ag. She stated currently, the County is in discussion with the State to see whether the prisoners can help in terms of maintaining the County's public accesses and easements to the beaches and trails. Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION Commissioner O'Connor stated that although he commends the Administration's comprehensive approach in addressing the County's the fiscal challenges he is concerned about reducing KPD's budget to the point where the officers' lives will be put at risk. He stated that the Police Commission will continue to fight for the health and welfare of the community through the Kauai Police Department budget. Chiefs Monthly 1. Administrative, Technical Services and Training Reports /Orders Reports 2. Fiscal Report to include a presentation on the proposed budget for fiscal year 2016 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau and Traffic Reports 6. Community Oriented Policing Traffic Safety Unit and District Reports 7. Chief's announcements and Pertinent Updates Chair Iona asked the Commissioners if they had any comments regarding the Chief's monthly reports. Commissioner Francisco asked if the asset forfeiture funds will be used to cover the cost of the body cameras. He stated from what he understands there is a legislation in support of the measure by 50 %. Assistant Chief Contrades stated he is hopeful that the legislation will go through because it will help to offset some of the cost to purchase the body cameras. Commissioner Hertog stated at the last meeting, she asked for a list of items that was purchased using the asset forfeiture funds. She explained that because of its high interest she wants to be make sure that the department is following the law on what it can and cannot do. Assistant Chief Contrades stated he would send her with the information. Chair Iona stated he can say with certainty that how the department uses the asset Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION forfeiture funds is highly scrutinized especially if the funds are shared with another federal or county agencies. Commissioner Francisco stated as the Police Department heads into the new budget cycle it would help to know what their intentions are in case, the Commissioners are asked to participate in the budget sessions in June. Assistant Chief Contrades stated part of his budget presentation will cover the specifics of what was presented to the Mayor and his Budget Team. Chair Iona stated what he would really like to see this time around is a two prong approach in which the Chair or someone delegated from the Commission would accompany the Chief and his senior staff members to the upcoming budget sessions in June. Assistant Chief Michael Contrades provided the Commissioners with a Powerpoint presentation explaining the fiscal challenges the department is facing with respect to law enforcement responsibilities such as calls for service, increase in property crime and violent crimes while keeping within the fiscal constraints. He explained for three years KPD has worked very hard to budget closer to actuals and has done its due diligence in terms of being fiscally responsible, however, it found that budgeting closer to actuals basically leaves them with no other options expect perhaps to cut eight police officer positions but in doing so KPD will lose the six Cops positions because they will not be able to satisfy what was promised relative to the Cops Grant. He stated up to this point KPD has maintained a high level of service but is at a tipping point and although cost savings will initially be realized the impact of reducing services may contribute to an increase in crime which will eventually affect everyone's life style. He asked that the Commissioners to do whatever they can in terms of the budget so that the Department can continue to provide the services that is Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION needed to keep the community safe. Business KPC 2015 -01 Invitation to attend the 2015 State of Hawaii Police Commissioners' Conference on April 16 -17, at the Outrigger Reef Waikiki- Beach Resort hosted by the Honolulu Police Commission. Vice Chair Iona stated if there are no objections from the Commissioners, Commissioner Nebre moved to defer Item KPC he would like to defer Item KPC 2015 -01, to the next meeting to allow Chair Kanekoa to decide which three Commissioners can attend. 2015 -01. Commissioner O'Connor seconded. Motion carried 6:0 KPC 2015 -02 Communication dated February 13, 2015, from Chief of Police Darryl Perry to Chair Kanekoa and Members of the Kauai Police Commission, regarding the Kauai Police Department 2015 Goals. Vice Chair asked the Commissioners if they had any comments regarding Commissioner O'Connor moved to receive Item the Kauai Police Department 2015 Goals, and hearing none, a motion was KPC 2015 -02. Commissioner Nebre seconded. made to receive Item KPC 2015 -02. Motion carried 6:0 KPC 2015 -03 General discussion on Legislative Bills. Vice Chair Iona informed the Commission currently there are three Bills that maybe of interest to the police commissions state -wide one in particular is Senate Bill 677, relating to law enforcement which was introduced by the Senate Vice President Will Espero. He stated that the Bill provides the mayor of each county within the authority to remove the respective police chief for good cause and just cause. He stated as an individual he has submitted written testimony opposing the bill mainly because he felt it was in direct conflict with the issue that currently before the ICA to determine the powers of the Mayor and the powers of the Police Commission. Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION First Deputy County Attorney Hall stated that he understands the issue and would to address the Commission issue in executive session relative to how Senate Bill 677, would interact with the case that is currently before the ICA. Vice Chair Iona stated based on his conversation with Maui Police Commissioner Lawrence Ing there were two reasons why the police commissions state -wide was established 1) to prevent a newly elected mayor from creating a police state; and 2) to be the voice of the people. He stated if this new legislation goes through not only would give it the newly elected mayor the authority to remove the chief but if the mayor elect leaves office for some reason the chief of police in the current position would also have to leave because his term is co- terminus with the current mayor. KPC 2015 -04 Public announcements for the following notarized complaint that were filed by citizens: KPC 2014 -016 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 a violation of the complainant's property rights and constitutional rights. After diligent inquiry, in which the Commissioner's reviewed all available materials, including live testimony, the Commission decided to refer the complaint to the Office of the Chief for further review and investigation. This officially concludes the Commission's review of complaint KPC 2014 -016. KPC 2014 -023 Complaint filed on October 17, 2014, alleging that officers of the County harassed and held the complainant at gun point, ordered the complainant to Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION lay face down in the mud, searched the complainant's truck without a warrant, and took license and never gave it back. Based on a lack of information, the Police Commission decided to forward the complaint to the Office of the Chief for further review and investigation. This officially concludes the Commission's review of complaint KPC 2014 -023. KPC 2014 -024 Complaint filed on October 17, 2014, alleging that an officer of the County pulled the complainant over for no reasonable suspicion and was ordered to sit in the rain while the officer seized the complainant's truck for no reason. After a diligent inquiry, the Commission learned that the allegations proved to be unfounded and that the officer was exonerated from all charges. No action was taken. This officially concludes the Commission's review of complaint KPC 2014 -024. Announcements Next regular meeting — Friday, March 27, 2015, at 9:00 a.m. in the Mo'ikeha Building, Meeting Room 2A /2B. Executive Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the Session ES -33 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 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) Kauai Police Commission Regular Open Session February 27, 2015 I'._- 1 SUBJECT DISCUSSION ACTION 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 -049: KPC Complaint received on November 19, 2014, alleging that officers of the 2014 -025 County was unprofessional and violated the Department's standard of policing protocols during an incident that occurred on November 13, 2014. (Deferred on 1/23/15) ES -050: KPC Complaint received on December 4, 2014, alleging that an officer of the 2014 -026 County was hostile, refused to identify himself, threatened and falsely accused the complainant of being drunk, wrote untrue tickets. (Deferred on 1/23/15) ES -003: KPC Complaint received on January 5, 2015, alleging that officers of the County 2015 -003 demonstrated incompetency and unprofessionalism by providing confusing instructions and accused the complainant of wrong doing. (Deferred on 1/23/15) ES -006 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 January 23, 2015, 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 -007 Pursuant to the Hawaii Revised Statutes §92 -5 (a) (4) and (6), the purpose of this Executive Session is for the Commission to consult with its attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities as they may relate to pending Kauai Police Commission Regular Open Session February 27, 2015 SUBJECT DISCUSSION ACTION legislation before the House of Representatives and Senate of the State of Hawaii. Chair Iona called for a motion to enter into Executive Session. Commissioner Nebre moved to enter into Executive Session. Commissioner Okami seconded. Motion carried 6:0 At 12:07 p.m. the Commission entered into Executive Session. Return to Open At 1:45 p.m. the Commission reconvened in Open Session. Chair Iona Commissioner O'Connor moved to ratify the Session called for a motion to ratify the actions taken in Executive Session. actions taken by the Commissioner's in Executive Session. Commissioner Nebre seconded. Motion carried 6:0. ES -33: (On- going) ES -024: (On- going) ES -049: KPC 2014 -025: Motion carried 6:0 to refer the complaint to the Office of the Chief for further review. ES -050: KPC 2014 -026: Motion carried 6:0 to not uphold the allegations in the complaint. ES -003: KPC 2015 -001: Motion carried 6:0 to not uphold the allegations in the complaint. ES -006: Motion carried 6:0 to approve the Executive Session meeting minutes of January Kauai Police Commission Regular Open Session February 27, 2015 Page 12 SUBJECT DISCUSSION ACTION 23, 2015. ES -007: Briefing by First Deputy County Attorney. Adjournment Chair Iona called for the motion to adjourn the meeting. Commissioner O'Connor moved to adjourn the meeting. Commissioner Hertog seconded. Motion carried 6:0 At 1:45 p.m. the meeting adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on March 27, 2015. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Charles C.C. Iona, Vice Chair