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Home My WebLink About05-22-15 KPC Open Session Minutes 1COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date May 22, 2015 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:00 a.m. End of Meeting: 10:55 a.m. Present Chair Ernest Kanekoa Jr.; Vice -Chair Charles C.C. Iona; Members: Savita Agarwal, Gerald Bahouth, Mary K. Hertog, James R. O'Connor, and Donald Okami Sr. Also present: Deputy County Attorney Adam Roversi ; Board & Commissions Office Staff. Commission Support Clerk Mercedes Omo; Administrator Jay Furfaro; Police Department: Chief of Police Darryl Perry; Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. Approval of Regular Open Session Minutes of April 24, 2015. Commissioner O'Connor moved to approve Minutes the meeting minutes of April 24, 2015. Commissioner Okami seconded the motion. The motion carried 7:0 Officers of the Due to the nature of their work the five (5) Vice Officers could not attend the Month for May meeting. The officers are part of the Department's narcotics unit and for their safety and protection of their identity they will be recognized at the Department's General Staff meeting. Earlier this year an investigation was conducted concerning drug trafficking organization that was bringing crystal methamphetamine to the island. Working with the DEA agents, the suspect was apprehended and about three pounds of ice was recovered. The case was adopted by the U.S. Attorney's office and will be adjudicated. Chiefs Monthly 1. Administrative, Technical Services & Training Reports /Personal Reports Orders 2. Fiscal Report 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau & Traffic Reports Kauai Police Commission Regular Meeting - Open Session May 22, 2105 Page 2 SUBJECT DISCUSSION ACTION 6. Community Oriented Policing Traffic Safety Unit and District Reports 7. Chief's Announcements and Pertinent Updates The following announcements were made by Chief Perry: • On May 27, 2015, at 7:00 p.m. the Kauai Police Department will be holding a community outreach meeting at the Kapa`a neighborhood center; June 2nd at the Koloa neighborhood center; June 41h at the Kalaheo neighborhood center; and on June 251h at the Hanapepe neighborhood center. • Congratulations went out to the individuals in the Kauai Police Department who will be promoted effective June 7th, a ceremony will be held on June 3rd at 3:00 p.m. at the Kauai Community College Performing Arts Center • A bike race will be held on Saturday May 23rd. The race will start at 8:00 a.m. from Kekaha to Kokee. Eighty participants are expected • A letter of commendation was received via email and mail from Ms. Brenda Martin, who wanted to share that she witness an act of kindness by a police officer. The officer was parked on the side of the road helping an old lady fix her flat tire; • Another letter of commendation was received thanking the Kauai Police Department specifically, the arresting officers and the cell block officers who were on duty on May 29, 2105, for their patience, compassion and tolerance in dealing with her son who has a history of mental illness. Kauai Police Commission Regular Meeting - Open Session May 22, 2105 Page 3 SUBJECT DISCUSSION ACTION Business: KPC 2015 -003 KPC 2015 -003 Complaint filed on April 13, 2105, alleging civil rights violation, false Public statement, and improper procedure. The complaint stems from an incident Announcement that occurred on June 6, 2013. for KPC 2015- 003, that was Based on the documents reviewed, the Commission identified that the filed against a police officer in complaint had exceeded the timeline which according to Rule 6 -1, of the Kauai Police Commission Rules on Administrative Practice and Procedures, the Kauai Police in no event may the Commission accept a complaint filed more than 180 Department calendar days after the date of occurrence. Additionally, the Commission also found that there was not enough evidence to support the allegations in the complaint. This officially concluded the Commission's review of complaint KPC 2015- 003. Announcements Next regular monthly meeting - Friday, June 26, 2015, at 9:00 a.m. at the Mo'ikeha Building, in Meeting Room 2A /2B, followed by Executive Session. 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) Kauai Police Commission Regular Meeting - Open Session May 22, 2105 SUBJECT DISCUSSION ACTION ES -024 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 - 000059 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) Pursuant to the Hawaii Revised Statutes §92 -4, §92 -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, an open meeting shall be held; 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 these items: ES -009: KPC 2015 -002 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) ES -012: 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 Kauai Police Commission Regular Meeting - Open Session May 22, 2105 Page 5 SUBJECT DISCUSSION ACTION approve the Executive Session minutes of April 24, 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. Return to Open At 10:55 a.m. the Commission reconvened in Open Session. Chair Kanekoa Commissioner O'Connor moved to ratify the Session to Ratify called for a motion to ratify the actions taken in Executive Session. actions taken by the Commission in Executive the Actions Session for ES Items: ES -33. ES -024, ES -009, taken in and ES -012. Executive Vice Chair Iona seconded the motion. The Session motion carried 7:0 ES -33: On -going ES -024: On -going ES -009: Motion carried 7:0 to defer the item to the next meeting in June pending the receipt of additional information. ES -012: Motion carried 7:0 to approve the Executive Session meeting minutes of April 24, 2015. Adjournment Chair Kanekoa called for a motion to adjourn the meeting. Commissioner Hertog moved to adjourn the meeting. Commissioner O'Connor seconded the motion. The motion carried 7:0 At 10:55 a.m. the adjourned. Kauai Police Commission Regular Meeting - Open Session May 22, 2105 Submitted by: Mercedes Omo, Staff Support Clerk (x) Approved as circulated on June 26, 2015. ( ) Approved as amended. See minutes of meeting. '.:- • Reviewed and Approved by: Ernest Kanekoa Jr., Chair