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Home My WebLink About09-25-15 KPC Open Session Minutes ApprovedCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date September 25, 2015 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:01 a.m. End of Meeting: 11:02 a.m. Present Chair Ernest Kanekoa Jr.; Vice -Chair Charles C.C. Iona; Members: Savita Agarwal, Gerald "Chip" Bahouth (entered the meeting at 9:15 a.m.) and James R. O'Connor Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Jay Furfaro; First Deputy County Attorney Stephen Hall; Police Department: Chief of Police Darryl Perry; Executive Chief of Police Michael Contrades; Excused Commissioners Mary K. Hertog and Donald Okami Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Kanekoa called the meeting to order at 9:00 a.m. with four (4) members present constituting a quorum. Approval of Regular Open Session Minutes of August 27, 2015. A motion was made by Vice Chair Iona to Minutes approve the meeting minutes of August 27, 2015. Commissioner Agarwal seconded the motion. Motion carried 4:0 August Officer Lieutenant Kenneth Cummings read the commendation for Detective of the Month Anthony A.J. Morita. Detective Anthony A.J. Lt. Cummings stated that in June 2015, Detective Morita displayed Morita exemplary professionalism and compassion towards the family of Harold J.J. Jackson. Mr. Jackson was first reported missing off of the coast of Makaha Beach on the island of Oahu. His body was discovered four (4) days later about 25 miles from Kauai on June 12, 2015. Detective Morita was the lead detective in the case and was responsible for informing the family of their loss. Detective Morita's gentle ways and his compassionate interaction with the family no doubt lessen the pain and hurt that they were experiencing especially Mrs. Jackson who was married to Mr. Jackson for less than two (2) years. Kauai Police Commission Regular Open Session Minutes September 25, 2015 Page 2 SUBJECT DISCUSSION ACTION Detective Morita was also assigned to an electronic enticement of a child case in June 2015. During the course of the investigation Detective Morita identified numerous witnesses and multiple victims. He applied and executed two (2) search warrants on different accounts on the social media website. The information that obtained and Detective Morita's continuous investigation lead to another search warrant this time in the suspect's residence and workplace. On September 10, 2015, another search warrant was executed whereby various items were recovered and kept as evidence. The suspect was arrest on four (4) 1st degree counts of sexual assault; two (2) 1st degree counts of electronic enticement of a child; and two (2) counts of 3rd degree sexual assault. Chief Perry presented Detective Morita with a certificate of outstanding an exemplary services for his professionalism and compassion shown to the family of Mr. Jackson and for his exceptional work in the electronic enticement of a child case. Detective Morita thanked his fellow colleagues and supervisors for their support. Commendation There were two (2) letters of commendation and thanks for Detective Report Anthony Morita and Lieutenant Karen Kapua. On August 17, 2015, Ms. Leila Jackson and Mr. Ronald Yamaoka wrote to thank Detective Morita for his professionalism and compassion in handling a deeply sensitive matter. On August 28, 2015, Ms. Shaleigh Tice, Department of the Attorney General Branch Chief for Grants and Planning wrote to thank Lt. Kapua for serving as a review panelist for the FY 2014 Edward Byrne Memorial Justice Assistance Grant. Her participation facilitated completion of the Kauai Police Commission Regular Open Session Minutes September 25, 2015 Page 3 SUBJECT DISCUSSION ACTION review and selection process in a timely manner. 2015 Hawaii Commissioner Kanekoa and Iona gave a brief overview of the Hawaii State Law State Law Enforcement Officials Association that was held in the Big Enforcement Island of Hawaii, on September 16 — 18, 2015. Officials Association Conference update Chiefs Monthly 1. Administrative and Technical Bureau & Training Reports Reports 2. Fiscal Report 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau & Traffic Reports 6. Community Oriented Policing Reports 7. Personnel Orders: 2015 -20 and 2015 -21 8. Chief's announcements and pertinent updates • Chief Perry acknowledged Lieutenant Roderick Green, who was selected as the department's Officer of the Year. Lt. Green was honored at 2015 Hawaii State Law Enforcement Official Association Conference that was held on the Big Island of Hawaii. • The National Take -Back Initiative Program (NTBI) in partnership with DEA will be conducted on Saturday, September 26, 2015, at the Kauai Police Department parking lot from 10:00 a.m. — 2:00 p.m. The program addresses illegal possessions and use of prescription medications, as well as provides the general public the opportunity to dispose of unused or expired medications. Kauai Police Commission Regular Open Session Minutes September 25, 2015 SUBJECT DISCUSSION ACTION • KPD is participating in the Kauai United Way 2015 Annual Campaign. • A Fundraiser is being planned to help the family of Officer Christopher Brier cover some of the medical cost who currently dealing with a serious medical condition. Assistant Chief Roy Asher is spearheading the event. • Sergeant Chris Calio and Officer Allan Andres will be participating in the 2015 Paradise Cup Body Building Championship on the island of Oahu. • Despite of Council's denial for a Legal Analyst position in KPD the department will continue its efforts to secure a similar type of position. • An armed robbery occurred last Saturday at the Good Neighborhood Pharmacy in Kapa`a. Chief Perry thanked all of the detectives and officers who worked hard to resolve the case. Business KPC Chair Kanekoa read for the record the public announcements for the 2015 -08 following notarized complaints that was filed with the Kauai Police Commission on June 25, 2015 and August 11, 2015. • A complaint filed on June 25, 2015, alleging that the 911 Operator would not send an ambulance to the complainant's home and kept on insisting that the complainant was calling from the Pacific Missile Range at Barking Sands. Based on the information that was received, the Commissioners found that there was not enough evidence to support the allegations and the complaint was not upheld. This officially concluded the Commission's review of Kauai Police Commission Regular Open Session Minutes September 25, 2015 Page 5 SUBJECT DISCUSSION ACTION complaint KPC 2015 -008. • A complaint filed on June 25, 2015, alleging that the 911 Operator would not send an ambulance to the complainant's home and kept on insisting that the complainant was calling from the Pacific Missile Range at Barking Sands. Based on the information that was received, the Commissioners found that there was not enough evidence to support the allegations and the complaint was not upheld. This officially concluded the Commission's review of complaint KPC 2015 -009. • A complaint filed on June 25, 2015, 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. Based on the information received, the Commissioners have decided to forward the complaint to the Office of the Chief for further review and investigation. This officially concluded the Commission's review of complaint KPC 2015 -010. • A complaint filed on August 11, 2015, alleging that an officer of the County violated the complainant's civil rights by detaining the complainant without having the proper jurisdiction to do so. Based on the information received, the Commissioners found that there was not enough evidence to support the allegations and the complaint was not upheld. This officially concluded the Commission's review of complaint KPC 2015 -011. Kauai Police Commission Regular Open Session Minutes September 25, 2015 SUBJECT DISCUSSION ACTION Announcements Next regular monthly meeting is set for Friday, October 23, 2015, at 9:00 a.m.in the Mo'ikeha Meeting Room 2A /213. Executive Session to follow. Executive At 9:31 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) 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 - 003455 486 - 2013 -00475 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 -032 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 August 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. ES- 2015 -026 Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (1), (2), (4) and (5), the Office of the County Attorney request an Executive Session with the Police Commission, to provide a briefing relating to a request from Officer Irvin Magayanes that legal representation be provided to him by the County Kauai Police Commission Regular Open Session Minutes September 25, 2015 Page 7 SUBJECT DISCUSSION ACTION of Kauai relating to Criminal No: 15 -1 -0267, State of Hawaii v. Irvin Maggyanes. This briefing and consultation involves consideration of powers, duties, privileges, immunities and /or liabilities of the Police Commission as they may relate to this agenda item. (On- going) ES -009: KPC Notarized complaint received on March 17, 2015, and filed against an 2015 -002 officer of the county alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian. (On- going) ES -033: KPC New notarized complaint received on September 1, 2015, alleging that an 2015 -012 officer of the County was rude and refused to give the complainant his business card. KPC 2015 -031 Discussion on the 2015 Performance Evaluation for Police Chief Darryl A motion was made by Commissioner O'Connor Perry. (On- going) to enter into Executive Session. Commissioner Bahouth seconded the motion. Motion carried Chair Kanekoa called for a motion to enter into Executive Session. 5:0. At 9:32 a.m. the Commission entered into Executive Session. Return to Open At 11:02 a.m. the Commission reconvened in Open Session. A motion was made by Vice Chair Iona to ratify Session to Ratify Chair Kanekoa called for a motion to ratify the actions taken in Executive the actions taken in Executive Session. the actions taken Session. Commissioner Agarwal seconded the motion. in Executive Motion carried 5:0 Session ES -33: On -going ES -024: No new updates. ES- 20150 -032: A motion to approve the Executive Session minutes of August 27, 2015, carried 5:0. ES- 2015:026: A motion to approve a draft letter Kauai Police Commission Regular Open Session Minutes September 25, 2015 SUBJECT DISCUSSION ACTION dated September 18, 2015, from Chair Kanekoa to Officer Irvin Magayanes carried 5:0. ES -009: KPC 2015 -002: A motion to not uphold the complaint carried 5:0. ES -033: KPC 2015 -012: A motion to defer the complaint to the next meeting in October carried 5:0. KPC 2015 -031: (On- going) Adjournment With no further business to conduct, Chair Kanekoa called for a motion to A motion made by Commissioner Bahouth to adjourn the meeting, adjourn the meeting. Vice Chair Iona seconded the motion. Motion carried 4:0 At 11:02 a.m. the adjourned Submitted by: (x ) Mercedes Omo, Staff Support Clerk Approved as circulated on October 23, 2015. Approved as amended. See minutes of meeting. Reviewed and Approved by: Ernest Kanekoa Jr., Chair