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Home My WebLink About07-24-15 KPC Open Session Min ApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date July 24, 2015 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:00 a.m. End of Meeting: 11:43 a.m. Present Chair Ernest Kanekoa Jr.; Members: Savita Agarwal, Gerald Bahouth, Mary K. Hertog, James R. O'Connor and Donald Okami Sr. Also present: First Deputy County Attorney Stephen Hall (arrived at 9:15 a.m.) ; Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Jay Furfaro; Police Department: Chief of Police Darryl Perry Excused Vice Chair Charles C.C. Iona 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. Approval of Regular Open Session Minutes of June 26, 2015. Commissioner Agarwal moved to approve the Minutes regular meeting minutes of June 26, 2015. Commissioner O'Connor seconded. Motion carried 6:0 Officer of the Detective Darren Rose is assigned to the Sexual Assault unit to investigate Month for July sexual assault cases on both male female adult and juvenile victims. Detective Rose was able to bring closure and relief to victims of sexual assault by his quick actions, thinking and response to all cases. His diligence, persistence, work ethics and core values has led to significant contribution in holding the perpetrators accountable for their actions as well as help the victims to cope and deal with the trauma their had recently experienced. Chief Perry presented Detective Rose with a Certificate of Outstanding and Exemplary service for his exceptional work as a Detective assigned to the sexual assault unit. Kauai Police Commission Regular Open Session July 24, 2015 Page 2 SUBJECT DISCUSSION ACTION Chief's Monthly 1. Commendation Report Reports 2. Administrative, Technical Services & Training Reports /Personnel Orders 3. Fiscal Report 4. Investigative Services Bureau 5. Bench Warrant Tracking 6. Patrol Services Bureau & Traffic Reports 7. Community Oriented Policing Reports 8. Personnel Order 9. Chief's announcement and patient updates There was one letter of commendation from Police Chief Darryl Perry commending Executive Chief Michael Contrades, Assistants Chief Roy Asher and Robert Gausephol; Acting Assistant Chief Richard Rosa; Captains Paul Applegate and Bryson Ponce; Acting Captain Scott Brede; Lieutenants Roderick Green and James Rodrigues, for participating in the community senior outreach program meetings that were held on May 22 through June 15tH Commissioner Hertog asked Chief Perry to define Wallbanger Training to which Chief Perry replied it's a similar version of Swat Training. Chief Perry made the following announcements: 1) On Wednesday, July 22, 2015, Council Chair Mel Rapozo requested that the Managing Director Nadine Nakamura give a presentation on the County's Auditor's fuel cost and consumption management audit dated April 2012. Part of the audit identifies certain short comings of KPD in regard to the department's processes, recording and the handling of its invoices; 2) Saturday, July 25, is the KPD's medication and illegal drug Take Back program. Kauai Police Commission Regular Open Session July 24, 2015 •,_. a SUBJECT DISCUSSION ACTION The event will take place at KPD's Li -hu`e Headquarters from 9:00 a.m. to 2 p.m.; and 3) the 86th Police Recruit Graduation ceremony was held with nine (9) new police recruits graduating. KPC 2015 -06 Public announcement for notarized complaint KPC 2015 -004, that was filed against an officer of the County on May 29, 2015. The complaint alleges that two officers of the County made unnecessary comments, lacked integrity and professionalism by not complying with the complainant's willingness means to prove his innocence. Based on the information received, the Commission found that there was enough evidence to uphold the allegations in the complaint. This officially concluded the Commission's review of complaint KPC 2015 -004. Announcements Next regular meeting — Friday, August 28, 2015, at 9:00 a.m. in the Mo'ikeha Building, in meeting Room 2A /2B, Executive Session to follow. At 9:20 a.m. Commissioner Hertog read the Hawaii Revised Statutes to take the meeting into Executive Session. Executive ES -33: Session 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) 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 Kauai Police Commission Regular Open Session July 24, 2015 SUBJECT DISCUSSION ACTION 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 -016 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 July 1, 2015 from Chair Ernest Kanekoa Jr. to County Attorney Mauna Kea Trask, regarding a request for information relating to Human Resources issues. ES- 2015 -017: 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 June 26, 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 complaints and related items Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (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 Kauai Police Commission Regular Open Session July 24, 2015 .,_.. SUBJECT DISCUSSION ACTION may relate to these items: ES -009: KPC 2015 -002 Notarized complaint received on March 17, 2015, and filed against an officer of the county alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian. (on- going) a) Communication dated July 8, 2015, from Chair Ernest Kanekoa Jr. to Chief of Police Darryl Perry, requesting his presence to brief the Commission on modifications to the Kauai Police Department's Communication and Death Notification Polices. ES -018: KPC 2015 -005 Notarized complaint received on June 12, 2015, alleging that an officer of the county failed to implement and monitor efficient and effective traffic accident investigation procedures. ES -019: KPC 2015 -006 Notarized complaint received on June 25, 2015, alleging that officers of the county are taking too long to recover the complainant's stolen property and arrest the individual(s) responsible for the theft. ES -020: KPC 2015 -007 Notarized complaint received on June 25, 2015, alleging that after the complainant called 911 Dispatch to ask for medical assistance for a family member, the officer subsequently arrested the complainant's family member instead. Kauai Police Commission Regular Open Session July 24, 2015 SUBJECT DISCUSSION ACTION ES -021: KPC 2015 -008 Notarized complaint received on June 25, 2105, alleging that the 911 Operator refused to send an ambulance to the complainant's home citing that the complainant was not at home and at the Pacific Missile Range Facility at Barking Sands. ES -022: KPC 2015 -009 Notarized complaint received on June 25, 2105, alleging that the 911 Operator refused to send an ambulance to the complainant's home citing that the complainant was not at home and at the Pacific Missile Range Facility at Barking Sands. ES -023: KPC 2015 -010 Notarized complaint received on June 25, 2105, alleging that an officer of the County violated Article III, Law Enforcement Code of Ethics and Article V. Discipline, Professional Guidelines and Responsibilities of the Kauai Police Department's Standards of Conduct. ES- 2015 -024 Two reports dated July 10, 2015, from Chief of Police Darryl Perry to Chair Ernest Kanekoa Jr., regarding the disposition of Internal Investigations other than Police Commission complaints and the disposition of Police Commission notarized complaints that was filed by citizens from January 1, 2015 to June 30, 2015. At 9:25 a.m. the Commissioner entered into Executive Session. Return to Open At 11:42 a.m. the Commission reconvened in Open Session. Commissioner O'Connor moved to ratify the Session to ratify actions taken in Executive Session for the the actions taken following items: Kauai Police Commission Regular Open Session July 24, 2015 Page 7 SUBJECT DISCUSSION ACTION in Executive Session Chair Kanekoa called for a motion to ratify the Police Commission's actions taken in Executive Session for items: ES -33, ES -024, and ES -009: ES -33: On -going KPC 2015 -002, and ES- 2015 -016 through ES- 2015 -02. ES -024: On -going ES 2015 -016: Motion carried 6:0 to receive the communication dated July 1, 2015, from County Attorney Mauna Kea Trask. ES- 2015 -017: Motion carried 6:0 to approve the Executive Session meeting minutes of July 24, 2015. ES -009: KPC 2015 -002: Motion carried 6:0 to defer the complaint pending the receipt of information from the County Attorney Hall. ES -018: KPC 2015 -005: Motion carr8ied 6:0 to not uphold the complaint. ES -019: KPC 2015 -006: Motion carried 6:0 to Not uphold the complaint. ES -020: KPC 2015 -007: Motion carried 6:0 to not uphold the complaint. ES -021: KPC 2015 -008; ES -022: KPC 2015- 009; and ES -023: KPC 2015 -010: Motion carried 6:0 to defer the complaints to the next meeting pending receipt of additional information. Kauai Police Commission Regular Open Session July 24, 2015 SUBJECT DISCUSSION ACTION ES- 2015:024: Motion carried 6:0 to receive the Chief's reports on the disposition of Internal Investigations other than the Police Commission; disposition of notarized complaints that was filed by citizens from January 1, 2015 to June 30, 2105. Adjournment Chair called for a motion for the meeting to adjourn. Commissioner Hertog moved to adjourn the meeting. Commissioner O'Connor seconded. Motion carried 6:0 At 11:43 a.m. the meeting adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on August 27, 2015. ( ) Approved as amended. See minutes of meeting. Reviewed and Approved by: Ernest Kanekoa Jr., Chair