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HomeMy WebLinkAbout12-18-15 KPC Open Session Minutes Approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua‘i Police Commission Mee ting Date December 18, 2015 Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting : 10:02 a.m. End of Meeting : 11:11 a.m. Present Vice -Chair Charles Iona; Members: Savita Agarwal, Gerald “Chip” Bahouth, Mary Kay Hertog, James R. O’Connor, and D onald Okami Sr. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo, Administrator Jay Furfaro; First Deputy County Attorney Stephen Hall; Deputy County Attorney Mahealani Krafft; Police Department: Assistant Chief of Police Roy Asher; Lieutenant Roderick Green; Sergeant Darla Abbatiello Excused Chair Ernest Kanekoa Jr. Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Iona stated in the absence of Police Chief Darryl Perry, Assistant Chief of Police Roy A sher will be filling in for him . Commissioner Agarwal will be leaving at 11 a.m. for another appointment. There was no testimony from anyone in the audience. Vice Chair Iona called the meeting to order at 10:00 a.m. with six members present constituti ng a quorum. Approval of Minutes Regular Open Session Minutes of November 20, 2015. Vice C hair Iona called for a motion to approve the meeting minutes of November 20, 2015. Commissioner Okami moved to approve the meeting minutes of November 20, 2015. Commissioner O’Connor seconded the motion. Motion carried 6:0 Officer of the Lieutenant Roderick Green from the Administrative and Technical Bureau Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 2 SUBJECT DISCUSSION ACTION Month Sergeant Darla Abbatiello nominated Sgt. Darla Abbatiello for her outstanding work in t he Research and Development divi sion. Sgt. Abbatiello oversees three (3) background check investigators, and plays a major role in the hiring of police officers, dispatchers, civilian workers and p olice explorers. Sgt. Abbatiello is also responsible for orderi ng uniforms and other equipment, and under her direction, the division has implemented a more efficient inventory management system which ultimately save d the d epartment money. Sergeant Abbatiello thanked Police Chief Darryl Perry; Executive Chie f of Police Michael Contrades; Lieutenant Roderick Gr een; Captain Paul Applegate; Assistant Chief Roy Asher; and her fellow o fficers for all of their support. She extended special thanks to Assistant Chief Robert Ga usephol for being the backbone of the Ad ministrative and Technical Bureau. On a side note, Vice Chair Iona introduced Deputy County Attorney Mahealani Krafft to the Police Commission. Ms. Krafft will be replacing First Deputy County Attorney Stephen Hall who will be relocating back to the mai nland with his wife. Commendation Report There was one letter of commendation received involving one officer in the Kaua‘i Police Department. On December 2, 2015, Prosecuting Attorney Justin Kollar wrote to commend Crime Specialist I Stephanie Regan fo r her excellent, professional and concise grant proposal presentation to the Governor’s Committee on Crime. Chief’s Monthly Reports 1. Administrative and Technical Bureau & Training Reports 2. Fiscal Reports 3. Investigative Services Bureau 4. Bench Warrant Tracki ng Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 3 SUBJECT DISCUSSION ACTION 5. Patrol Services Bureau and Traffic Reports 6. Community Oriented Policing Reports 7. Chief’s announcements and pertinent updates Vice Chair Iona thanked Commissioners Chip Bahouth a nd Mary K. Hertog for putti ng together an Executive S ummary of their meetin g with Chief Darryl Perry, Executive Chief Michael Contrades and KPD Fiscal Manager Dauric e Arruda. He stated that has the budget process continues to move forward to expect a lot challenges. Noting that like anything else crime does no t wai t for chall enges it appears with out notice and we have tackle it head on. Commissioner Hertog a sked if anyone had questions about the Executive summary, hearing none, Commissioner Hertog congratulate d KPD for being the recipient of a $600,000 grant which will go to wards the department’s marijuana eradication and the drug task enforcement programs. Commissioner Okami thanked Commissioners Bahouth and Hertog for a well put together comprehensive report. Vice Chair Iona called for a motion to receive the Exe cutive Summary. With no further questions or comments, Vice Chair Iona moved onto the next agenda item. Commissioner Agarwal moved to receive the Executive Summary. Commissioner O’Connor seconded the motion. Motion carried 6:0 K PC 2015 -11 Discussion or input on possible recommendations for improvements to Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 4 SUBJECT DISCUSSION ACTION Article XI Police Department of the Kaua‘i County Charter . (On -going) Vice Chair Iona stated that the purpose of the discussion is for the commission to provide input or recomm endations for improvements to Article XI of the Kaua‘i County Charter. Commissioner O’Connor state d that at the last meeting , he volunteered to look do some research to see what may be necessary or help ful in terms of recommendations for improvement to Article XI of the Kaua‘i County Charter. He explained be cause his term was extended for 90 days it will give him have enough time to complete a report which he hopes will mirror the Executive Summary. Vice Chair Iona asked Administrator Furfaro if ther e was a timeline to submit recommendations to the Charter Review Commission to whic h Administrator Furfaro explained that the Charter Revi ew Commission would like something in writing that sugges t any changes by the Commission’s February meeting because it will allow the Charter Review Commission and the County Attorney time to review the changes before placing it on the ballot . Vice Chair Iona asked his fellow Commissi oners if they could come up with recommendations of their own ready for review and po ssible approval at the Commission’s the next meeting in January to which the Commissioners agreed. Commissioner Bahouth ask ed for clarification on whether the document s should be ready for review at the Commission ’s meeting on January 22 nd to which Vice Chair Iona replied yes, he would like the Commissioners to bring their suggestions to the January meeting for review and along with Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 5 SUBJECT DISCUSSION ACTION Commissioner O’Connor’s report see if there is any duplication , and if so, the Commission could eliminate them. With no further discussion, Vice Chair Iona moved unto the next agenda item. KPC 2015 -12 Discussion on the Police Department’s Budget for FY 2017 . (On -going) Vice Chair Iona commented that unless the rest of the Commissioners feels otherwise he is very comfo rtable with Commissioner Bahouth and Hertog taking the lead on this issue. Commi ssioner Hertog stated that after their meeting with Chief Perry and Executive Chief Michael Contra des in early January both she and Commissioner Bahouth will provide a brie f ing on the outcome of the meeting. Commissioner Bahouth commented that during the budgetary process the Commission should continue to advocate (for what he believes are the priorities ) for what the police department really needs. With no further disc ussion, Vice Chair Iona called for motion to receive the Ex ecutive Summary report that was submitted by Commissioners Bahouth and Hertog. Commissioner Agarwal moved to receive the Executive Summary of the Kaua‘i Police Department Bu dget Discussion. Commissioner O’Connor seconded the motion. Motion carried 6:0 KPC 2015 -16 Selection of Chair and Vice Chair for year 2016 . Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 6 SUBJECT DISCUSSION ACTION Vice Chair Iona opened the floor for nominations. Commissioner Hertog nominated Vice Chair Iona to the position of Chair for the year 2016, hearing no objections from the rest of the Commissioners, Vice Chair Iona accepted the nomination. The nominations was closed and Vice Chair Iona called for a motion. Co mmissioner Bahouth nominated Commissioner Mary K. Her tog to the position o f Vice Chair for the year 2016. H earing no objections from the rest of the Commissioners, Commissioner Hertog accepted the nomination. The nominations was closed and Vice Chair Iona and called for a motion. Commissioner Hertog moved to nominate Vice Chair Iona to the position of Chair for the year 2016. Commissioner O’Connor seconded the motion. Motion carried 6:0 Commissioner Bahouth moved to nominate Commissioner Mary K. Hertog to the position of Vice Chair for the year 2 016. Commissioner O’Connor second the motion. Motion carried 6:0 KPC 2015 -17 Approval of the 2016 Meeting Schedule . Vice Chair Iona called for a motion to approve the 2016 Meeting Schedule. Commissioner Agarwal suggested that December 23 rd meeting be moved up to Fri day, December 16, which is the week before Christmas. Vice Chair Iona called for a motion. With no further discussion, Vice Chair Iona moved onto the next agenda Commissioner Hertog moved to amend the meeting schedul e to reflect December 16, 2016 as the new meeting date. Commissioner Bahouth seconded the motion. Motion carried 6:0 Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 7 SUBJECT DISCUSSION ACTION item. KPC 2015 -18 Communication dated December 2, 2015, from Prosecuting Attorney Justin Kollar to Chair Ernest Kanekoa Jr., and Members of the Kaua‘i Police Commission, commending KPD Crime Specialist Stephanie Regan for her fine work in several recent matters. Thanks to Ms. Regan’s excellent presentation, the Governor’s Committee on Crime in Honolulu reversed its initial decision and voted to recommend the proposal for funding to enable KPD to purchase innovative technology to aid in forensic examinations. Vice Chair Iona called for a motion to receive agenda item KPC 2015 -18 for the record. Commissioner Agarwal moved to receive a genda item KPC 2015 -18 for the record. Commissioner O’Connor seconded the motion. Motion carried 6:0. KPC 2015 -19 Memorandum dated November 30, 2015, from Chair Ernest Kanekoa Jr., to Chief of Police Darryl Perry, regarding a req uest to have Lieutenants from 1 - 2 districts present per each Commission meeting to provide a 5 -10 mi nute briefing on what is going o n their district, and to answer questions the Commissioners may have relating to their particular beat. Commission er Hertog stated that at the las t meeting, the Commissioners felt that it was a good idea to have 1 or 2 lieute nants from the different district present at each Commission meeting to brief the Commissioners as to what is going on in their district. Commissioner Bahouth asked if the me mo inclu ded representatives from the sections of the Investigative Services Bureau to which Commissioner Hertog stated that the Commission would have to re -write the memo to include those areas as well. Assistant Chief Asher stated that he would conve y Commissioner Bahouth ’ Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 8 SUBJECT DISCUSSION ACTION s request to Chief Perry to include the detectives and lieutenants from the various ISB sections. He pointed out that some of the senior ranking officers in the Inv estigative Ser vices Bureau are sitting i n the audience and have bee n giv en the heads up to participate in the meetings. Additionally, Assistant Chief Asher stated that representatives from t he Patrol Division were notified and will be present at the next Commission meeting in January. With no further discussion, Vi ce Chair Iona called for a motion to receive agenda item KPC 2015 -19 for record. Commissioner Agarwal moved to receive agenda item KPC 2015 -19 for the record. Commissioner Hertog seconded the motion. Motion carried 6:0 Annou ncements Next regular monthly meeting – Friday, January 22, 2016, at 9:00 a.m. at the Mo’ikeha Building, Meeting Room 2A/2B. Executive Session to follow. Executive Session ES -33 At 10:31 a.m. Commissioner Hertog cited the Hawai‘i Revised Statutes to b ring the meeting into Executive Session. Pursuant to the Hawai‘i 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 li abilities 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 KPC 2015 - 031 Discussion on the 2015 Performance Evaluatio n for Police Chief Darryl Perry. (On -going ) ES KPC 2015 - 040 Pursuant to the Hawai‘i 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 November 20, 2015, and to consult with its attorney on issues pertaining to the Commission’s and the Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 9 SUBJECT DISCUSSION ACTION County’s powers, duties, privileges, immunities, and/or liabilities as they may relate to this agenda item . ES KPC 2015 - 041 Pursuant to Hawai‘i Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is for the Commission to consider the evaluation of the Police Chief, dismissal, or discipline of an employee or officer of charges brought against the officer or employee, where consideration of matters affecting privacy will be inv olved, 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 the following agenda item: ES KPC 2015 -041: New non -notarized complaint KPC 2015 -013, received on November 19, 2015, is in reference to a request for help from the Police Commission to ask someone from the Internal Affairs Unit to assist the complainant in filing a complaint against four (4) police officers in the Kaua‘i Police Department for misconduct; and in a separate complaint the complainant alleges that an officer violated his civil rights, projected cruel and unusual punishm ent and excessive use of force . Vice Chair Iona called for a motion to enter into Executive Session. Commissioner O’Connor moved to enter into Executive Session. Commissioner Hertog seconded the motion. Motion carried 6:0 At 10:33 t he Commission convened in Executive Session. Return to Open Session to ratify At 11:01 a.m. the Commission reconvened in Open Session. Vice Chair Iona called for a motion to ratify the actions taken in Executive Se ssion. Commissioner O’Connor moved to ratif y the actions taken in Executive Session. Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 10 SUBJECT DISCUSSION ACTION the actions taken in Executive Session Commi ssioner Bahouth stated that from what he understands the Salary Commission is the process of gather ing information to review with regard to establishing the maximum cap for salaries for the fiscal year 2016 -2017 fo r management pers onnel they may have some information which may help the Polic e Commission. Administrator Furfaro sta ted that the Salary Commission will be making the appropri ate recommendations to Council which will include salaries pertaining to the Chief of Police an d t he Deputy Police Chief. He explained that the Police Commission does not have juris diction over the deputy c hief’s position (as re flected in the Charter) which has been reclassified to Executive Chief of Police. He further explained that the Salary Co mmission will be reviewing all of their proposal s during the second week of January (which will be made public ) which most likely will become recommendations. Commissioner Hertog asked f or clarification on whether it’s Council or the Salary Commission w ho reviews the salaries to which Vice Chair Iona Commissioner Hertog seconded the motion. Motion carried 6:0 ES -33: There were no updates. ES KPC 2015 -031: Motion carried 6:0 to accept the Chief’s Performance Evaluation for 2015. ES KPC 2015 -040: Motion carr ied 6:0 to approve the meeting minutes of November 20, 2015. ES KPC 2015 -041: Motion carried 6:0 to send the complainant the officer Police Commission notarized complaint form. Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 11 SUBJECT DISCUSSION ACTION replied the Salary Commission reviews the salaries and make s recommendation in a form of a resolution for consideration by the Council. Administrator Furfaro explained that as they have done in the past, th e Salary Commission made a compa rison of all of the salaries for the las t couple of years, and out of the twenty -seven (27) department heads only four (4) were given salary increases. He added that t he Salary Commission will have t o come to a conclusion in terms of a recommendation and if the Polic e C ommission have any concerns over the Police Chief’s salar y to express their concerns to the Salary Commission. At 11:02 a.m. Commissioner Agarwal left the meeting. Vice Chair I ona stated that it has alw ay s been his understanding by Charter , the Police Commission does not have the authority to set the salary for the Police Chief, however, the Polic e Commission can set the salary at a n amount lower than what is stated in the ordinance which will come in form of a resolution from the Salary Commission to the County Council to deny or approve. Administrator Furfaro stated that the administrators of those Boards and Commissions can certainly make a recommendation to recruit somebody under the cap. Vice Ch air Iona aske d relative to assigning a n umer ical number to a cer tain position who assigns number s; is it the Salary Commission or someone else to whi ch Administrator Furfaro explained that t he Salary Commission along with the Boards and Commissions , and th e HR Director would review a series of salary comparisons from acro ss the State as well as look at the different job descriptions that define s the scope of work before any recommendations are made. He added that i n the case of the Fire and Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 12 SUBJECT DISCUSSION ACTION Police Chi ef t hey were the only one s who received a salary increase while the rest of the officers and employees included in Section 3 -2.1 of the Kaua‘i County Code did not receive any salary increase s for the last seven (7) years. Commissioner Bahouth stated that wo uld certainly affect the number two (2) positio n in the Police Department which has not been filled or let alone know comparatively what the position pays in other areas with in the State . He asked if the comparisons would indicate that to wh ich Administrat or Furfaro replied that a survey was done (and is available if the Commission wants a copy of it) which shows a comparison of the salaries for the c hiefs and deputy c hief s for all four (4) counties . Com missioner Bahouth stated that it would help the Pol ice Commission to have a better understand ing on what competitively is being paid relative to the Police Chief s ’ and their second position. Administrator Furfaro stated th at as a word of caution when looking at the list everything isn’t equal. For exam ple, w hen comparing the responsibilities of the Chief Engineer on Kaua‘i he has the entire Public Works Department to oversee compared to Maui County which has a separate e nvironmental division which runs the Solid Waste/Wastewater division under a differe nt chief. Vice Chair Iona stat ed as the Commission continues to move forward his only concerns is the last time the issue came before the Salary Commission t he salaries were already set without any asking input from the Police Commission . He shared wh en he went before the Salary Commission a couple of years ago, he asked them if the numbers could be adjusted , at which time he was Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 13 SUBJECT DISCUSSION ACTION informed by them members job is to make a recommen dation. In other words, whether it ’s the police chief or the janitor y ou are looking at the same rate, and at the end of the day the salary increases only af fected the police and fire chief and their r espective deputies because the salaries for the rest of the de partment heads were frozen. Commissioner Hertog commented that w hat needs to be considered also is when Chief Perry retire s and the Police Commission has to go out to look for a new police chief. What the Chief makes will play a major role because if his subordinat es make s more than the chief does it would be a moral buster. Vice Chair Iona commented that everyone knows the assistant chiefs are in a different category and are subject to whatever SHOPO negotiates . Attorney Hall state d that the issue should be discussed at the next meeting under new business. Adminis trator Furfaro asked for clarification on whether the next agenda item Commissioner Bahouth wants to discuss deals with public safety and the police department to which Vice Chair Iona replied correct. Commissioner O’Connor requested for an discussion/u pdate from Chief Perry regarding the Kaua‘i Police Department use of Body -Worn Cameras be place on the next agenda to which Vice Chair Iona replied sure. Commissioner Bahou th asked if the Commission needs to put on the next agenda a discussion on the Po lice Commission’s recommendation to the Charter to which Vice Chair Iona replied yes, it’s already on the agenda and will remain on the agenda for continued discussion and possible decision -making at the next meeting. Kaua‘i Police Commission Regular Meeting - Open Session December 18, 2015 Page 14 SUBJECT DISCUSSION ACTION Adjournment With no further business to conduct, Vice Chair Iona called for a motion to adjourn the meeting. Commissioner O’Connor moved to adjourn the meeting. Commissioner Hertog seconded the motion. Motion carried 5:0 A t 11:11 a.m. the meeting adjourned Submitted by: __________________________________ Reviewed and Appr oved by: _________________________________________ Mercedes Omo , Staff Support Clerk Charles C.C. Iona , Chair (X ) Approved as circulate d on January 22, 2016. ( ) Approved as amended . See minutes of ___________ meeting.