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Home My WebLink About06-26-15 KPC Open Session min ApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date June 26, 2015 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:01 a.m. End of Meeting: 10:05 a.m. Present Chair Ernest Kanekoa Jr.; Vice -Chair Charles C.C. Iona; Members: Savita Agarwal, Mary K. Hertog, James R. O'Connor. Also present: First Deputy County Attorney Stephen Hall; Board & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Jay Furfaro; Police Department: Police Chief Darryl Perry, Assistant Chief Roy Asher Excused Commissioners Gerald Bahouth and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa asked if there was anyone in the audience who wished to give Chair Kanekoa called the meeting to order at testimony on any of the items listed on the agenda. There was no testimony. 9:01 a.m. with five (5) members present constituting a quorum. Approval of Regular Open Session Minutes of May 22, 2015. Commissioner O'Connor moved to approve the Minutes minutes of May 22, 2015. Commissioner Agarwal seconded the motion. Motion carried 5:0 Commendation There was one letter of commendation received involving two personnel in Report the Kauai Police Department. On May 28, 2015, Mr. and Mrs. Harold Dias Jr. wrote to thank Detective Ray Takekawa and Officer Phillip Banquel for their acts of kindness, efficacy, and professionalism when handling a very difficult and delicate matter. Chiefs Monthly Reports 1. Administrative, Technical Services & Training Reports 2. Fiscal Reports 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau & Traffic Reports 6. Community Oriented Policing Traffic Safety Unit and District Reports Kauai Police Commission Regular Open Session June 26, 2015 Page 2 SUBJECT DISCUSSION ACTION 7. Chief's Announcements and Pertinent Updates Chief Perry made the following announcements: • Kawika I. Manaku, 29, of Anahola, was sentenced on Wednesday, to 25 years in prison for the violent robbery of the Kapa`a Liquor and Wine Company that occurred on February 2. Chief Perry submitted a letter to the Editor of the Garden Island newspaper expressing his discontentment over a letter that was printed in the Garden Island newspaper where the author of the letter projected guns as being an inanimate object. Chief Perry reminded everyone about the mass shootings that occurred in 1999 in the community of Sandy Hook where the assailant used a high powered assault rifle. • KPD has concluded a series of thirteen (13) neighborhood community outreach meetings that was held at various locations throughout the island. The presentation included budget accreditation, body worn cameras, crime trends, and prevention. Chief Perry thanked Assistant Chiefs Michael Contrades, Roy Asher and Robert Gausephol; Acting Assistant Chief Richard Rosa; Captains Paula Applegate and Bryson Ponce; Acting Captain Scott Brede; Lieutenants James Rodriguez and Roderick Green, for being a part of the community outreach program. Chair Kanekoa thanked Chief Perry and his team for organizing the community meetings and asked, perhaps in the future, if he would arrange to have the presentation done at one of the Commission meetings. Commissioner O'Connor stated that the presentations were very well done but was concerned over the low community turnout. Kauai Police Commission Regular Open Session June 26, 2015 Page 3 SUBJECT DISCUSSION ACTION He stated that normally when the community gets upset over something, they usually turnout in numbers. This was an opportunity for the community to meet their local police team to find out what the real issues are and maybe even help the police to determine what the solutions are to some of the issues. Commissioner Hertog shared that she actually sent a couple of emails out to the people who constantly complain to her about the police to let them know that this is their opportunity to voice their concerns. Vice Chair Iona thanked Chief Perry and the Police Department for using restraint in their daily operations. He stated that within the last month, the community has seen so much negative coverage on police departments throughout the nation and that he is glad the men and women in the Kauai Police Department have used common sense by treating each situation with the utmost care so that it doesn't get to a breaking point. Chief Perry shared with the Commissioners about a Facebook page of the Kauai Police Department that was not created by the Department and has been online since 2012. He stated that because of the number derogatory comments that were made about the Department (not a reflection of the Police Department) efforts are being made to contact Facebook to see what can be done to remove the page. Chair Kanekoa asked if any of the Commissioners had questions or comments regarding the Chief's monthly reports. Kauai Police Commission Regular Open Session June 26, 2015 Mme SUBJECT DISCUSSION ACTION Commissioner O'Connor asked in regard to the school crossing guard's vacancies, if the Department would consider accepting applications from senior citizens to fill those positions to which Chief Perry replied yes, they can either contact KPD or go onto the County's website to apply, noting that all applicants must undergo a background check. Announcements Next regular meeting — Friday, July 24, 2015, at 9:00 a.m. in the Mo'ikeha Building, Meeting Room 2A /2B. Executive Session to follow. Executive Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the At 9:17 a.m., Vice Chair Iona cited the Hawaii Session purpose of this Executive Session is for the Commission to consult with its Revised Statutes to bring the meeting into ES -33 attorney as to the powers, duties, privileges, immunities, and liabilities as Executive Session. 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) (1) 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) ES- 2015 -013 Pursuant to Hawaii Revised Statutes §92 -4, §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 /or liabilities of the Police Commission and the County as they may relate to a Communication dated May 22, 2015 from Boards and Commissions Administrator Jay Furfaro to County Attorney Mauna Kea Trask, regarding a request for information regarding current training that is offered as it relates to discrimination, Kauai Police Commission Regular Open Session June 26, 2015 Page 5 SUBJECT DISCUSSION ACTION retaliation and sexual harassment and other related matters. ES- 2015 -015 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 May 22, 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. Notarized Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the Complaints 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 Complaint received on March 17, 2015, filed against an officer of the 2015 -002 County alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian. (On-going) ES -014: KPC Complaint received on May 29, 2015, filed against officers of the County 2015 -004 alleging unnecessary comments, lack of integrity, professionalism, and unwillingness to comply with the complainant's means to prove innocence. Enter into Chair Kanekoa called for the motion to enter into Executive Session. Commissioner Hertog moved to enter into Executive Executive Session. Commissioner O'Connor Session seconded the motion. Motion carried 5:0 At 9:22 a.m., the Commission entered into Executive Session. Kauai Police Commission Regular Open Session June 26, 2015 '._- • SUBJECT DISCUSSION ACTION Return to Open At 10:05 a.m., the Commission reconvened. Commissioner O'Connor moved to ratify the Session to ratify Chair Kanekoa called for the motion to ratify the actions taken in actions taken in Executive Session for the the actions taken Executive Session. following items. Commissioner Hertog seconded in Executive the motion. The motion carried 5:0 Session ES -33: On- going. ES -024: On- going, ES- 2015 -013: Motion carried 5:0 to adopt the communication dated May 22, 2015, from County Attorney Mauna Trask to use as a baseline for any additional questions. ES- 2015 -015: Motion carried 5:0 to approve the Executive Session minutes of May 22, 2105. ES -009: KPC 2015 -002: (On- going) ES -014: KPC 2015 -004: Motion carried 5:0 to uphold the allegations in the complaint. Adjournment Chair Kanekoa called for the motion to adjourn the meeting. Commissioner O'Connor moved to adjourn the meeting. Commissioner Hertog seconded the motion. Motion carried 5:0 At 10:05 a.m., the meeting adjourned. Kauai Police Commission Regular Open Session June 26, 2015 Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on July 24, 2015 ( ) Approved as amended. See minutes of _ meeting. Page 7 Reviewed and Approved by: Ernest Kanekoa Jr., Chair