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Home My WebLink About04-24-15 KPC Open Session Min daCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date I April 24, 2015 Location Mo'ikeha Building, Meeting Room 2A /213 Start of Meeting: 9:00 a.m. End of Meeting: 10:00 a.m. Present Chair Ernest Kanekoa Jr.; Vice Chair Charles C.C. Iona; Members: Savita Agarwal, Gerald "Chip" Bahouth, Mary Kay Hertog, James R. O'Connor, and Donald Okami Sr. Also present: First Deputy County Attorney Stephen Hall; Boards & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Paula Morikami; Police Department: Chief of Police Darryl Perry Excused Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the start of the meeting, Eddie Topenio, Administrative Assistant to the County Clerk, gave the Oath of Office to new Commissioners Savita Agarwal and Gerald "Chip" Bahouth. Chair Kanekoa called the meeting to order at 9:00 a.m. with seven (7) members present to conduct business. Approval of Regular Open Session Minutes of March 27, 2015. Commissioner O'Connor moved to approve the Minutes meeting minutes of March 27, 2015. Commissioner Okami seconded the motion. Motion carried 7:0 Commendation There were two letters of commendations that involved three officers in the Report Kauai Police Department. • On March 18, 2015, Chief Steven J. Vaccarro of the Village of Mokena Police Department, wrote to express his appreciation to Sergeant Green for his acts of kindness during his visit to the Hanalei Substation. • On March 30, 2015, Georgie (no last name was provided) wrote to thank Officers George Laccone and Chantal Villatora for doing a Kauai Police Commission Regular Open Session April 24, 2015 SUBJECT DISCUSSION ACTION great job. Chair Kanekoa thanked outgoing Commissioners Randall Francisco and Alfredo Nebre Jr., for their many years of dedicated service on the Police Commission. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Orders Reports 2. Fiscal Report 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 made the following announcements: • Troy Barboza Torch Run will be held at the Vidinha Stadium tomorrow morning at 7:00 a.m. The run is to raise funds for Special Olympics. • Memorial services will be held tomorrow at the Prince Kunio Park in Po`ipu for retired Police Officer and former Police Commissioner Leon Gonsalves Sr. • Chief Perry thanked the Police Commission for the invitation to the 2015 State of Hawaii Police Commissioners' Conference. • The Police Department will be holding island wide community budget presentations for FY 2016. • The Supreme Court Hearing was held yesterday at the Kauai Community College with respect to promotional issues in the Kauai Police Department. • April 29, 2015 is Wear Denim Day. A campaign to bring Kauai Police Commission Regular Open Session April 24, 2015 SUBJECT DISCUSSION ACTION awareness to sexual violence and prevention. Business KPC 2015 -05 Review of the 2015 State of Hawaii Police Commissioners' Conference held on the island of Oahu on April 16 -17, hosted by the Honolulu Police Commission. Chair Kanekoa stated he was impressed with the program the Honolulu Police Commission put together for this year's conference, which was one of the best he had attended so far. He stated the presenters were engaging and the information that was provided was informative. Commissioner Hertog echoed Chair Kanekoa's comments that all of the speakers were outstanding and some of the stories told were compelling. Vice Chair Iona stated he was glad to have had the opportunity to network with his fellow Police Commissioners. He shared that during the roundtable discussion a Commissioner from the outer island had his own interpretation of the Charter as such that the Police Commissioners are employees of the Police Department and have the right to sit in on all of the ARB investigation proceedings. He stated the ARB investigates officer misconduct which is an internal matter and not within the Commissions purview. With regard to the FY 2016 Budget, Vice Chair Iona asked Chief Perry if it was possible for the Chair to meet with him to go over the final numbers before he sends the budget to Council for final review. Chief Perry stated the Department's FY 2016 Budget is currently being reviewed by the Mayor and will be sent to Council for final review. However, Department is submitting a supplemental proposal for items that were previously over looked and once Council approves it, which should be sometime in May, he could provide the Chair with a copy of the finalized budget. Kauai Police Commission Regular Open Session April 24, 2015 SUBJECT DISCUSSION ACTION Chair Kanekoa asked if he could get a copy of the Department's FY 2016 budget that was recently submitted to the Administration to which Chief Perry replied yes, and would include a copy of the Department's supplemental proposal as well. Vice Chair Iona stated he would like to take this time to extend his personal thanks and a fond farewell to Boards and Commission Administrator Paula Morikami for all she has done for the Police Commission. Ms. Morikami's last day as the B &C Administrator is on April 30, 2015. Announcements Next regular meeting — May 22, 2015, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A /2B, followed by Executive Session. Executive At 9:15 a.m. Vice Chair Iona read the Hawaii Revised Statutes to take 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 -024 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 April 24, 2015 I0• f SUBJECT DISCUSSION ACTION KPC 2015 -002: ES -009 Pursuant to the Hawaii Revised Statutes 02-4, 4, 02 -5 (a) (2) (4), the purpose of this Executive Session is for the Commission 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, pen meeting shall be held; and to consult with its attorney on issues pertaining to the Commission's and the Count 'spowers, duties, privileges, immunities, and/or liabilities as they may relate to these items: Complaint received on March 17, 2015, alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian. (On- going) KPC 2015 -003: ES -010 Complaint filed on April 13, 2015, allegro civil violation and false statement, and improper procedures; the complaint stems from an incident that occurred on June 13, 2013, at the complainant's residence. KPC 2015 -004: ES -011 Pursuant to the Hawaii Revised Statutes 02 -4, §92 -5 (a)(4), §92 -9 (a) (1- Commissioner O'Connor moved to enter into Executive Session. Commissioner Okami seconded the motion. Motion carried 7:0 At 9:15 a.m. the Commission entered into Executive Session. 4) and (b), the purpose of this Executive Session is for the Commission to approve the Executive Session minutes of March 27, 2015, and to consult with its attorney on issues pertaining to the Commission's and the Count powers, duties, privileges, immunities, and /or liabilities as they may relate to this item. Chair Kanekoa called for a motion to take the meeting into Executive Session. Return to Open Session to ratify The Commission reconvened in Open Session at 10:00 a.m. Commissioner O'Connor moved to ratify the actions taken by the Police Commission in Kauai Police Commission Regular Open Session April 24, 2015 SUBJECT DISCUSSION ACTION the actions taken Chair Kanekoa called for a motion to ratify the actions taken in Executive Executive Session. Commissioner Hertog in Executive Session. seconded the motion. Motion carried 7:0 Session Adjournment Commissioner Hertog moved to adjourn the meeting. Commissioner O'Connor seconded the motion. Motion carried 7:0 At 10:00 a.m. the meeting adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on May 22, 2015 ( ) Approved as amended. See minutes of _ meeting. Reviewed and Approved by: Ernest Kanekoa Jr., Chair