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HomeMy WebLinkAbout03-27-15 KPC Open Session MinCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date March 27, 2015 Location Mo'ikeha Building, Meeting Room 2A /213 Start of Meeting: 9:00 a.m. End of Meeting: 11:21 a.m. Present Chair Ernest Kanekoa Jr.; Vice Chair Charles C.C. Iona; Commissioners: Randy Francisco, Mary Kay Hertog, James O' Connor, Alfredo Nebre Jr. Also present: First Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Omo; Police Department: Chief of Police Darryl Perry, Sergeant Christopher Calio, Sergeant and Acting Lieutenant Kennison Nagahisa; Officers Kahua Akeo and Chantel Villatora; Public Safety Workers Ronald Aceret and Kelsey Mundon. Excused Commissioner Donald Moki Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. with six (6) members present constituting a quorum. Chair Kanekoa asked if there was anyone in the audience who would like to give testimony on any of the items listed on the agenda, and hearing none, Chair Kanekoa moved to the first order of business. Approval of Regular Open Session Minutes of February 27, 2015. Commissioner Nebre moved to approve the Minutes meeting minutes of February 27, 2015, Commissioner O'Connor seconded. Motion carried 6:0 Employees and Reading the recognition for the Officers Kahua Akeo and Chantel Villatora Officers of the was Sergeant Christopher Calio. Month for March Officers Akeo and Villatora were recognized for their outstanding performance, professionalism and dedication to public safety work in the apprehension of a wanted fugitive. Chief Perry presented Officers Akeo and Villatora with a Certificate of Exemplary Service for their hard work and commitment to keeping the community safe. Reading the recognition for the Public Safety Workers Kelsey Mundon and Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION Ronald Aceret was Sergeant and A/C Lieutenant Kennison Nagahisa. On January 9, 2015, PSW's Mundon and Aceret observed a detainee on his knees using his body weight to put pressure on his neck. Following a quick response PSW Mundon was able to lift the detainee up to relieve the tension around his neck while PSW Aceret went to retrieve a cutting tool. In her attempt to keep the detainee upright to prevent him from choking long enough to allow PSW Aceret to cut the detainee's jump suit free PSW Mundon hurt her back in the processes. Chief Perry presented PSW's Kelsey Mundon and Ronald Aceret with a Certificate of outstanding and exemplary service for their keen observation and quick actions that saved the life a detainee. Chair Kanekoa thanked all of the honorees for doing such an outstanding job in the apprehension of a wanted fugitive and saving the life of a detainee. Vice Chair Iona said as the Kauai Police Commission they never get the opportunity on a daily basis to thank all of the officers and employees in the Kauai Police Department for all they do. He said because the meeting is televised he would like the general public to know how important they are to this community because play an intricate part of how we as citizens work hard to keep peace in the community. Commissioner Francisco said as President of the Kauai Chamber and a member of the Board of Directors of the Kauai Visitors Bureau, he would like to highlight the work of Officers Akeo and Villatora. He said several years ago, what brought to light his desire to participate on the Commission was because of the increase in crime in the Po`ipu area. He said it is important that the officers not only continue to do their job but continue to Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION send a message to the criminals as well. He said as the economy recovers he hopes that the Kauai Police Department will continue to be aggressive and assertive in its work and that he looks forward to the implementation of the body cameras which give all of the officers further evidence and protection for all parties. Additionally, Commissioner Francisco commended Officer Chantel Villatora and Public Safety Worker Kelsey Mundon for being great examples of what women can do in this type of field. He said they should serve as role models and a reminder to aspiring young women and women who are potentially career changers that there is great opportunity in this line of work. Commissioner Nebre commended the honorees for their outstanding work. Commissioner Hertog thanked the honorees their work that they do every single day and that they all make a huge difference in the community. Commissioner O'Connor thanked all of the honoree for a job well done. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Orders Reports Commissioner Hertog thanked the Police Department for giving her the opportunity to attend technology and law enforcement training earlier this month. She said the training showed her how far behind everyone is in terms of the use technology which she believes is one of many challenges all of the police departments throughout the nation face. 2. Fiscal Report Commissioner Hertog said the year to date shows KPD's vacation payout at $174,000 of which unexpended salaries were used to absorb the payout. She asked if there was a time limit when an officer (assuming that when the officers retire they are able to tap into their sick leave) is allowed to Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION cash in on their vacation pay. Chief Perry said the officers have 90 days to cash in their unpaid leave but for their last year, the officers does not have take vacation which means if the officer worked all the way through to the month of December the officer would have accumulated another to 21 days of vacation pay for a total of 111 days which is allowable by EMS (State Retirement System). 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau & Traffic Reports 6. Community Oriented Policing Traffic Safety Unit and District Reports 7. Chief's Announcements and Pertinent Updates Chief Perry said on behalf of the men and women in the Kauai Police Department he would like to extend his condolences to the family of Leon Gonsalves who passed away last Sunday. Leon retired from the Kauai Police Department as a Sergeant and he worked for the Office of the Prosecuting Attorney as an investigator. He was also former Police Commissioner. Chief Perry announced: • The Department's budget review hearing is scheduled for Tuesday, April 7, 2015. • Kaua`i Police Department is seeking the public's help and would appreciate any information in regard to a series of brush fires. Since December 2014 there has been over 60 brush fires reported. If the public has any information to call the Kauai Police Department at 214 -17111 Kauai Police Commission Regular Meeting - Open Session March 27, 2015 1' : - SUBJECT DISCUSSION ACTION • A recent study done by Triple A regarding teenage crashes. The study revealed that 6 out 10 teenage crashes involve driver distractions of which 15% is involves talking and texting to someone while driving. So far this year, 2015 the Department have issued over 300 citations for violation involving the use of a cellphone. Business Invitation to attend the 2015 State of Hawaii Police Commissioners' Conference on April 16 - 17, at the Outrigger Reef Waiki -ki Beach Resort KPC 2015 -01 hosted by the Honolulu Police Commission (Deferred on 2/27/2015) Commissioner Hertog if she agrees to attend the conference she wants to know what is discussed at these type of meetings and if the topics are different from the HSLEOA conference that she attended along with Chair Kanekoa and Vice Iona on Maui. Vice Chair Iona said unlike the HSLEOA Conference the Police Commissioners' conference focuses more on sensitive issues that all Police Commissions are face with. Commissioner O'Connor moved that the Commission send Commissioners Kanekoa, Iona Chair Kanekoa called for a motion to allow Commissioners Iona and and Hertog to represent the Kauai Police Hertog as well as himself attend the 2015 Police Commissioners' Commission at the 2015 State of Hawaii Police Conference on Oahu. Commissioners' Conference on Oahu. Commissioner Nebre seconded. Motion carried 6:0 KPC 2015 -03 Discussion on the Kauai Police Department's asset forfeiture expenditures Commissioner Hertog thanked Chair Kanekoa for agreeing to allow the item on the agenda. She said she wanted everyone to know what forfeiture expenditures were and if anybody had any questions this would be the right Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION time to ask the Chief. She said in the report what falls under other services. Chief Perry said it could include certain type of equipment, training and assistance with the accreditation process including unanticipated type of situations that may come where the Department may need the money right away. Commissioner Francisco asked assuming that the push for the body cameras passes legislation and Governor Ige signs the bill into law will it save the County 50 %. Chief Perry said yes. Commissioner Francisco shared in their effort to support the Bill the Kauai Business Council which comprises of 16 businesses and community organizations will be asked to submit joint testimony to support the bill. Vice Chair Iona asked once the Department receives are the monies targeted specifically for what the Department can use the monies for. Chief Perry said yes, it is articulated in the Hawaii Revised Statutes and the Department cannot supplant. Meaning if the County had purchased a different type of equipment and finds later that they don't have the money, the Department cannot use it for operational purposes. With regard to the asset forfeiture, Vice Chair Iona asked how much percent does the Department get when it's a shared another agency. Chief Perry said bills are currently being submitted to reduce the percentage but right now its about 80 to 90% depending on the administrative cost that the federal government takes. On the State level 50% goes to the Attorney General, 25% to the Prosecutor and 25% to the police departments. KPC 2015 -04 Public announcements for the following notarized complaints that were filed by citizens: KPC 2014 -025 Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION Complaint filed on November 19, 2014, alleging that officers of the County was unprofessional and violated the Kauai Police Department's standard of policing protocols during an incident that occurred on November 13, 2014. After a diligent inquiry by the Commission, in which the Commissioners reviewed all available material, the Kauai Police Commission has decided to forward the complaint to the Office of the Chief for further review. This officially concluded the Commission's review of complaint KPC 2014 -025. KPC 2014 -026 Complaint filed 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. After a diligent inquiry by the Commission, in which the Commissioners reviewed all available materials, the Kauai Police Commission found that there was not enough evidence to support the allegations. This officially concluded the Commission's review of complaint KPC 2014 -026. KPC 2015 -001 Complaint filed on January 5, 2015, alleging that officers of the County demonstrated incompetency and unprofessionalism by providing the complainant with confusing instructions and accused the complainant of wrong doing. After a diligent inquiry, in which the Commissioners reviewed all available materials, the Kauai Police Commission found that there was not enough evidence to support the allegations. This officially concluded the Commission's review of complaint KPC 2015 -001. Announcements Next regular meeting, April 24, 2015, at 9:00 a.m. in the Mo'ikeha Building, Meeting Room 2A /213. Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION Executive At 9:35 a.m. Vice Chair Iona read the Hawaii Revised Statutes to bring the Session 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) KPC 2014: Pursuant to Hawaii Revised Statutes §92 -4 and §92 -5 (a) and (4), the ES -24 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 - 003451 486 - 2013 -00471 486- 2013 - 003431 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) KPC 2015 -008 Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (I- 4) and (b), the purpose of this Executive Session is for the Commission to approve the Executive Session minutes of February 27, 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. KPC 2015 -002: Pursuant to the Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4), the ES -009 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 Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION 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 item: KPC 2015 -002: ES -009: Complaint received on March 17, 2015, alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian. Chair Kanekoa called for a motion to bring the meeting into Executive Commissioner O'Connor moved to enter into Session. Executive Session. Commissioner Hertog seconded. Motion carried 6:0 At 9:38 a.m. the Commission entered into Executive Session. Return to Open Chair Kanekoa called for a motion to ratify the actions taken by the Commissioner O'Connor moved to ratify the Session to ratify Commissioners in Executive Session, actions taken in Executive Session for items ES- the actions taken 33, ES -024, ES -008, and ES -0091 in Executive Commissioner Nebre seconded. Session. Motion carried 6:0. ES -33: On -going ES -024: On -going ES -008: Motion carried 6:0 to approve the Executive Session meeting minutes of February 27, 2015. ES -009: Motion carried 6:0 to refer notarized complaint KPC 2015 -002, to an investigator to Kauai Police Commission Regular Meeting - Open Session March 27, 2015 SUBJECT DISCUSSION ACTION conduct the investigation. Adjournment Chair Kanekoa called for a motion to adjourn the meeting. Vice Chair Iona moved to adjourn. Commissioner O'Connor seconded. Motion carried 6:0. At 11:21 a.m. the meeting was adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on: April 24, 2015. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Ernest Kanekoa Jr., Chair