HomeMy WebLinkAbout06-24-16 Agenda PacketCharles C.C. Iona
Chair
Mary K. Hertog
Vice Chair
COUNTY OF KAUA'I POLICE COMMISSION
NOTICE OF MEETING AND AGENDA
Friday, June 24, 2016
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2A/213
Lihu`e, Hawaii 96766
CALL TO ORDER
APPROVAL OF MINUTES
• Regular Meeting Minutes of May 27, 2016
Members:
Savita Agarwal
Catherine Adams
Gerald (Chip) Bahouth
Kevin Mince
Donald (Moki) Okami Sr.
COMMENDATION REPORT
CHIEF'S MONTHLY REPORTS
1. Administrative and Technical Bureau — Recruitment, Records Section and Training Reports
2. Fiscal Report
3. Investigative Services Bureau — General Crimes /Major Crimes Section, Special Focus
Section and Vice Section
4. Bench Warrant Tracking
5. Patrol Services Bureau Monthly Activity and Traffic Reports
6. Community Oriented Policing Traffic and /Districting Reports for Lihu`e, Kawaihau and
Waimea
7. Chief's Announcements and Pertinent Updates
BUSINESS
KPC 2016 -06:
Discussion and possible decision - making on identifying and proposing substantive and non -
substantive changes to the Police Commission Rules of Administrative Practice and Procedure.
KPC 2016 -07:
Invitation to the 63`d Annual Hawaii State Law Enforcement Officials Association (HSLEOA)
Conference hosted by the Kauai Police Department at the Grand Hyatt Kauai Resort & Spa in
Po`ipu. September 7 -9, 2016. Registration due by July 29, 2016,
The Kaua `i County is an Equal Opportunity Employer
KPC 2016 -08:
Discussion on the status of a plan to implement a new information management system to collect
data on the number of false alarms the Police Department responds too.
• Attached Copy Bill No. 2435, Draft 2. A Bill for an Ordinance to amend Chapter 22,
Kauai County Code 1987, as amended, by establishing a new article relating to alarm
systems, which was adopted on second reading and final reading by the Council of the
County of Kauai at its meeting on August 8, 2012.
ANNOUNCEMENTS
• Next regular monthly meeting - Friday, July 22, 2016, at 9:00 a.m. at the Mo'ikeha
Building, 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)
Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive
Session is for the Commission to 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 the
following agenda items:
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 Kauai Police
Department for misconduct; and in a separate complaint the complainant alleges that an officer
violated his civil rights, projected cruel and unusual punishment and excessive use of force
(Deferred on April 22, 2016)
ES KPC 2016 -011:
Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive
Session is for the Commission consult with its attorney as to the powers, duties privileges,
immunities, and /or liabilities as they may relate to two Quarterly Reports dated April 13, 2016,
from Police Chief Darryl Perry regarding, the Department's disposition of notarized complaints
filed by citizens with the Police Commission and the disposition of internal investigations other
than Police Commission complaints from January 1, 2016 to March 31, 2016 (Deferred on May
27) 2016)
Kauai Police Commission — Friday, June 24, 2016
ES KPC 2016 -013:
Pursuant to 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
27, 2016, and to consult with its attorney on issues pertaining to the Commission's powers, duties,
privileges, immunities, and /or liabilities as they may relate to this agenda item
RETURN TO OPEN SESSION
Ratify the actions taken by Police Commission in Executive Session for the following agenda
items: ES -33; ES KPC 2015 -041, ES KPC 2016 -011 and ES KPC 2016 -013
EXECUTIVE SESSION
Pursuant to Hawai'i Revised Statutes, ( "H.R.S. ") §92 -7 (a), the Commission may, when deemed
necessary, hold an Executive Session on any agenda item without the written public notice if the
Executive Session was not anticipated in advance. Any such Executive Session shall be held
pursuant to H.R.S. §92 -4 and shall be limited to those items described in H.R.S. §92 -5(a).
Discussions held in Executive Session are closed to the public.
ADJOURNMENT
cc: Deputy County Attorney Mahealani Krafft
Chief of Police Darryl Perry
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least
24 -hours prior to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comment only.
4. If you are unable to submit your testimony at least 24 hours prior to the meeting,
please provide 10 copies of your written testimony at the meeting.
While every effort will be made to copy, organize and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members
after the meeting is concluded. The length of time allocated to person(s) wishing to present verbal
testimony may be limited at the discretion of the chairperson or presiding member.
Send written testimony to:
Kaua'i Police Commission
Office of Boards and Commissions
4444 Rice Street, Suite 150
Lihu`e, Hawaii 96766
E -Mail: mromoOmkauai. ov
Phone: (808) 241 -4920 Facsimile: (808) 241 -5127
Kauai Police Commission — Friday, June 24, 2016
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate, please contact the Boards
and Commissions Support Clerk at (808) 2414920 at least five (5) working days prior to the
meeting.
Kauai Police Commission — Friday, June 24, 2016
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Minutes of Meeting
OPEN SESSION
Board /Committee:
Kauai Police Commission
Meeting Date
Friday, May 27, 2016
Location
Mo'ikeha Building — Meeting Room 2A/B
Start of Meeting: 9:00 a.m.
End of Meeting: 10:41 a.m.
Present
Chair Charles C.C. Iona; Vice -Chair Mary K. Hertog; Members: Catherine Adams, Savita Agarwal, Gerald (Chip) Bahouth, Kevin
Mince, Donald (Moki) Okami Sr.
Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Deputy County Attorney Mahealani Krafft; Mayor's
Executive Assistant Paula Morikami; Police Department: Police Chief Darryl Perry; Executive Chief of Police Michael Contrades;
Captain Paul Applegate; Sergeant Clyde Caires; Officers of the Month: Richard Brown, George Laccone, Vernon Scribner, Mark
Stuple and Darrin Irimata (assigned to a training exercise and could not attend the meeting)
Excused
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
After the meeting was called to order, Chair Iona asked if there was anyone in the
Chair Iona called the meeting to order at
audience who wished to testify on any of the items listed on the agenda. There was no
9:00 a.m. with seven (7) Commissioners
testimony.
present constituting a quorum.
Approval of
Chair Iona called for a motion to approve the regular open session meeting minutes
Commissioner Adams moved to approve
Minutes
of April 22, 2016.
the meeting minutes as circulated.
Commissioner Agarwal seconded the
motion. Motion carried 7:0.
Officers of the
Sergeant Clyde Caires read the recognition for Officers of the Month Richard
month for May
Brown, George Laccone, Vernon Scribner, Mark Stuple and Darrin Irimata for
locating an elderly male visitor who was reported missing. While bicycling, the
elderly man became disoriented and lost his way and could not make contact with
anyone after he discovered his cellphone had fallen out of his backpack. Utilizing
an app to track the location of the man's cellphone, the officers were able to locate
the man in a heavily wooded area. The man sustained minor injuries and was
transported to Wilcox Hospital for treatment and then released.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 2
SUBJECT
DISCUSSION
ACTION
Chief Perry along with Executive Chief Contrades presented the officers with a
Certificate of Exemplary Service for their service and dedication in keeping the
community safe.
Chiefs Monthly
1. Administrative and Technical Bureau — Recruitment, Records Section and
Reports
Training Reports
2. Fiscal Report
3. Investigative Services Bureau — General Crimes /Major Crimes Section,
Special Focus Section and Vice Section
4. Office of Professional Standards
5. Bench Warrant Tracking
6. Patrol Services Bureau Monthly Activity and Traffic Reports
7. Community Oriented Policing Traffic and Districting Reports for Lihu`e,
Kawaihau and Waimea
8. Chief's Announcements and Pertinent Updates
Training Report
In reference to Training Order 16- 16029, Heavy Duty Forklift Operator Training,
Commissioner Mince asked what's the purpose of the training, how often does it
occur and how many forklifts does the department have.
Captain Applegate stated that the department has two (2) forklifts, a small one and
a large one, that are used to move evidence, such as vehicles, as well as other large
items.
Commissioner Mince stated that he noticed in the report six (6) out of the seven (7)
people named are the management personnel, asking wouldn't it be better to assign
the training to the officers or sergeants since they're the ones who usually are
assigned to do these type of tasks. Captain Applegate explained that the training
was based on the Administrative and Technical Bureau schedule, most of which are
management level personnel because they are the only ones who are authorized to
move the evidence.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 3
SUBJECT
DISCUSSION
ACTION
Chief s Announcements and Pertinent Updates
• Chief Perry thanked the officers and detectives who responded to the scene
of the plane crash at the Burns Air Field in Hanapepe. He also thanked
Public Information Officer Sarah Blane for providing on -time information
to the media, as well as the Kauai Fire Department and the Emergency
Medical Service personnel for their assistance.
• From May 23`d through June 5`h, KPD is conducting the National Click It or
Ticket Campaign aimed at increasing the use of seat belts among young
people in the United States.
• The Kauai Police Department assisted with Project Graduation.
• The Kauai Police Department will be holding its 3rd community meeting
with elderly seniors in Kekaha on May 31, 2016.
• In partnership with KONG Radio and the Garden Island Newspaper, Chief
Perry will be hosting "Beyond the Beat Radio Show ". The program will
touch upon current and past issues.
Business
Discussion and decision - making on identifying and proposing substantive and non -
KPC 2016 -06
substantive changes to the Police Commission Rules of Administrative Practice and
Procedures.
A handout of the proposed revisions (On file) was provided to the Commissioners.
Vice Chair Hertog stated that based on the input from the Commissioners, both she
and Commissioner Mince were able to include the recommendations to the first
draft version of the proposed Administrative Rules.
Kauai Police Commission
Regular Open Session — May 27, 2016
SUBJECT
DISCUSSION
ACTION
In reference to Page 5 Mission Statement, Commissioner Adams stated that the
previous language seemed a bit slighted, so she made a recommendation to change
the verbiage to read as follows: "the Chief of Police is in command of an honest
and effective police department that serves the people of Kaua'i."
Chief Perry asked if her concept included the island of Niihau, and if not, he
suggested changing the phrase to "serves the County of Kauai" that way it will
include the island of Niihau. Commissioner Adains agreed.
In reference to Page 7, Rule 2 -1 General Powers of the Commission and Rule 2 -2
Selection of the Chief of Police, Commissioner Mince stated that majority of the
language was taken directly from the Charter with the exception of Rule 2 -2 where
changes had to be made to the language to correct the redundancy.
In reference to Page 9, Rule 2 -10 Code of Conduct Item (d), Commissioner Mince
stated that the original language was difficult to understand and a suggestion was
made to delete it; however, after discussing it at length, both he and Vice Chair
Hertog agreed that it might be a good idea for this Commission to come up with its
own language to clarify the meaning of the original language, noting none of the
other three (3) Police Commissions have it in their rules.
Vice Chair Hertog stated that the Commission needs to decide today whether or not
it wants to have a rule on conduct similar to what KPD has.
Chair Iona shared that there was an incident involving the conduct of a Maui Police
Commissioner, which prompted the Maui Commission to look into putting
language together in their rules on professional conduct.
Commissioner Bahouth shared that he was given a copy of the Kauai Police
Department Standards of Conduct manual, and in it is a page on conduct of a police
officer that he emailed to Vice Chair Hertog.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 5
SUBJECT
DISCUSSION
ACTION
_
Vice Chair Hertog stated that the information that she got from Commissioner
Bahouth was too detailed, and if possible, she would like to keep the language
simple like "a Police Commissioner will not behave in a manner that would bring
discredit upon the Police Commission and the Kauai Police Department."
Commissioner Adams questioned whether the Office of Boards and Commissions
has rules that if you are going to become a member of a board or commission, you
will be held to a higher standard and conduct.
Chair Iona stated that this Commission needs to get input from the Office of Boards
and Commissions before it goes any further. While you would want something like
this in our rules, it is the Office of Boards and Commissions who ultimately makes
the recommendation to the Mayor for a person to serve on a commission.
However, he believes when it comes to oversight of the Police Department, all
Police Commission candidates should be subjected to a background check and
scrutinized the same way a potential new police recruit would be when applying for
the job.
Vice Chair Hertog asked if he's recommending that the Police Commission seek
input from the Office of Boards and Commissions to see if they have something in
writing for all boards and commissions members.
Chair Iona stated that might be stretching it a bit, but at the very least it should be
for this Commission. He shared that when he applied to become a Police
Commissioner, he underwent a background check because there were concerns
about his involvement in an attempted murder case when he was a police officer on
Maui, which he was completely exonerated.
He stated that every potential police commissioner needs to be thoroughly
scrutinized before they take the oath because once they become a commissioner, it
Kauai Police Commission
Regular Open Session — May 27, 2016
SUBJECT
DISCUSSION
ACTION
will be very hard to explain to the public that this person has oversight of the Police
Department when there is something wrong with their character. He stated that the
vetting process should start off with the Office of Boards and Commissions because
once it gets to the confirmation stage, unless someone informs the Council about
the circumstances surrounding the nominee, the Council members will never know.
Vice Hertog stated that it should go beyond the vetting process of performing a
background check on a potential police commissioner. The focus should also be on
their daily conduct as well. She stated that before moving forward, this
Commission needs to decide (today) whether or not it wants to have a rule on
conduct to which Commissioner Bahouth replied that the Commission should.
Chief Perry commented that one of the issues the department is facing right now is
the perception of double standards. If this board is going to have oversight of the
Police Department (limited oversight), then those standards have to be maintained
or even exceeded. He cannot expect a new recruit to have information that would
disqualify him or her, and yet, approve a police commissioner who has oversight of
the Police Department; that's not his job, it's the job of the Office of Boards and
Commissions. He added that KPD is striving to set high ethical standards right
across the board from a commissioner down to a patrol officer, and if there are any
discrepancies in that area, it should be addressed immediately.
Vice Chair Hertog stated that it should also include the tenure of a Police
Commissioner. She shared that the reason she's on the Police Commission is
because she's finishing out a former Commissioner's term who, from what she
understands, went to jail.
Commissioner Okami stated that he agrees with Vice Chair Hertog that it should go
beyond just the vetting process. He stated that if anything should happen, the
public is not going say Commissioner Okaini private citizen, they're going to say
Police Commissioner Okami, which he believes will have a negative outlook on the
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 7
SUBJECT
DISCUSSION
ACTION
Police Department, the Police Commission and the County. Commissioner
Agarwal agreed.
Commissioner Mince asked what the next step is to which Vice Chair Hertog
replied that the next step is to come up with language that is simple and everyone
can agree on; something that's short, but accurate, in terms of how we as Police
Commissioners should conduct ourselves.
In reference to Page 10, Rule 3 -1 Specific Powers, Duties and Responsibilities of
the Police Commission sub - section (a), Commissioner Mince stated that the word
"Aims" was changed to "Goals ". Also, per Deputy County Attorney Krafft's
advice, the language under subsection (e) Perfonnance of Duty will remain the
same. In reference to Page 12, sub - section 1 Charges Defined, the word "charges"
shall mean allegations.
In reference to Page 13, sub - section 4 Investigation of Charge, Commissioner
Mince stated that the word "independent" was added to Investigator. On page 14,
sub - section 5 Charges Against the Chief of Police, Commissioner Mince explained
that the entire language was taken from the Maui Police Commission rules. He
reminded the Commissioners that this is just a place holder and more discussion
will be required pending the outcome of the ICA's (Intermediate Court of Appeals)
ruling on a Declaratory Action to determine the powers of the Mayor and the
powers of the Police Commission.
In reference to Page 14, sub - section 6 Findings, Commissioner Mince explained
that this new section defines four (4) categories of complaint findings which
mirrors the Kauai Police Department. He stated that the sub - committee included
this section in the rules because it will provide the Commission with an
organizational history of complaints.
Kauai Police Commission
Regular Open Session — May 27, 2016
SUBJECT
DISCUSSION
ACTION
In reference to Page 16, new proposed Rule 4 -2, Qualifications for Police Chief,
Commissioner Mince explained that the language in the first paragraph carne
directly from the Charter. The second paragraph was added to say "in addition to
the Charter qualifications and attributes previously identified, candidates must also
meet additional qualifications as well ", which prompted questions regarding the
Chief s job description because in addition to the job description which was
attached to the Chiefs employment contract, there were two (2) other job
descriptions but none of which were deemed as the official County of Kauai job
description for the Chief of Police.
Commissioner Bahouth asked if the job description that is part of the Chief's
employment contract includes any of the contents in the other two job descriptions
to which Commissioner Mince replied yes. Commissioner Bahouth asked between
all three (3) job descriptions (if you line them all up) if they pretty much say the
same thing across the board. Commissioner Mince replied yes, stating that the job
description that is attached to the Chief employment contract and the one that is
attached to the Commission's rules is much more detailed on specific things that
the Commission wants.
Commissioner Mince stated that according to Ms. Rapozo, because the County only
has one official job description, which is for the Planning Director, she would like
to work with the Police Commission to develop a job description for the Chief.
Vice Chair Hertog added that based on the Chief's 2010 Job Description, the one
that was attached to the Chief's employment contract, she would say that is the
current job description.
Commissioner Mince added that Ms. Rapozo also recommends that the Police
Commission not include a separate job description in the rules.
Kauai Police Commission
Regular Open Session — May 27, 2016
I' - '
SUBJECT
DISCUSSION
ACTION
Commissioner Adams commented that she agrees with Ms. Rapozo because it
doesn't snake any sense to attach a separate job description to the Commission's
rules. Commissioner Bahouth agreed.
Commissioner Mince stated that another issue that was found in the rules
references HRS 78 -1, which requires the candidate to have one year of current
residency in Hawai'i, which was deemed unconstitutional by our attorney.
Deputy County Attorney Krafft explained that whenever the State tries to infringe
upon constitutional rights, the court judges by a certain standard usually restricts
scrutiny. The Hawaii courts have held that it has not met rational basis standards,
which means they couldn't find a rational basis between the durational residency
requirements and the fitness of an applicant for that position. In other words, the
courts have deemed it unconstitutional.
Vice Chair Hertog stated that based on Ms. Krafft's legal advice, there is no
residency requirement for the Chief of Police position.
Chair Iona stated that because the Chief s job description is pretty standard in terms
of what the Commission wants, it wouldn't be fair for the Chief to change his
current job description; all the Commission needs to do at this point is work with
HR to tighten up the language.
Vice Chair Hertog stated that the first thing the Commission needs to do is
eliminate the chief's residency requirements and then work on some other
minimum requirements the Commission may want to have so when the Chief
decides to retire, the Commission may want to discuss having educational
requirements and use the 2015 Job Description as a base.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 10
SUBJECT
DISCUSSION
ACTION
Chair Iona stated that if at all possible, he would like the Chiefs current Job
Description to be grandfathered in. But for the future, because the Chief has an
open ended employment contract, it will allow the Commission to make changes in
case for some reason a new requirement is needed. Vice Chair Hertog stated that
she doesn't want to do anything that would jeopardize anything the Chief has
already done in terms of qualifications, but for future chiefs, the Commission may
want to add additional requirements.
Commissioner Mince stated, referring back to Page 16, he would like to
recommend eliminating the first bullet point that talks about residency requirements
and use the next two bullet points, which talks about eligibility and meeting the
minimum qualifications.
Chair Iona commented that if the Commission wants to include the Department of
Human Resources, someone from the sub - committee needs to check with HR first
to make sure it's okay with them.
Commissioner Bahouth asked in looking at the job description, the job description
that the Commission currently has for the Chief wouldn't change dramatically for
the next chief coming in to which Commissioner Mince replied no.
Commissioner Bahouth stated that the real issue is how to qualify to be a candidate
for the Chief s position to which Vice Chair Hertog replied correct.
Commissioner Mince asked if there should be educational standards for the Chief
of Police position.
Commissioner Bahouth asked Chief Perry, in his opinion, what he thought the
qualifications should be for his positon. Chief Perry stated that a four (4) year
college degree should be the minimum and a Master's Degree would be preferable.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 11
SUBJECT
DISCUSSION
ACTION
Vice Chair Hertog stated that once she gets the feedback from rest of the
Commissioners on what they think the minimum qualification should be, both she
and Commissioner Mince can start working on updating the Chief's job
description.
Commissioner Bahouth asked going back to the Chief's job description, the one
that is attached to the Chief employment contract, in her estimation, as well Ms.
Rapozo's, its well written right? Vice Chair Hertog stated that the
recommendations made by this Commission should go back to Ms. Rapozo
because she's recognizing the 2007 job description, which they don't agree on
because they feel it should be the one in which the Chief was hired under.
Commissioner Okami asked if the other counties have job descriptions and
educational requirements to which Commissioner Mince replied that none of the
other Police Commissions have educational requirements and he doesn't know
anything about the job descriptions.
Commissioner Mince stated that before the Chair moves on to the next agenda
item, he would like to finalize all of the work that has been done so far to which
Chair Iona replied sure. Vice Chair Hertog reminded everyone that this is not a
race. The rules have been this way for many years and she wants to make sure that
everyone has a chance to provide input, which includes KPD.
Chair Iona stated for the record that after a lengthy discussion by the Commission,
in which the Commissioners reviewed of all the revisions, the Commission
accepted all of the changes to the first draft version of the proposed Administrative
Rules.
Commissioner Mince stated that he would feel more comfortable if Ms. Krafft
would agree to the changes to which Ms. Krafft replied that the changes are fine
with the exception of Rule 6 -1 Charges Defined. She would need more time to
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 12
SUBJECT
DISCUSSION
ACTION
review the language. The Commissioners agreed.
Chair Iona stated to let the record reflect that the approval of Rule 6 -1 will be put
on hold until Ms. Krafft reviews the rule, in which time, she will send her
comments directly to Commissioner Mince. The Commissioners agreed.
Commissioner Bahouth commented that any changes or additions to the Chief's
2010 Job Description should require the Chiefs input because circumstances may
have changed since 2010. Commissioner Okami noted that he agrees with
Commissioner Bahouth that it would make sense to get the Chief's input since he is
the sitting expert on what the job actually entails.
Chair Iona asked to enter into the record that as the Commission begins to delve
into the language for the Chief's job description that the Commission seek input
from the Chief, in addition to what Commissioners Hertog and Mince and the rest
of this body have already put together. He added that he wants to assure everyone
that the Commission is not trying to change the entire Board and Commissions
system. If the Office of Boards and Commissions wants to jump onboard then fine,
but he doesn't want the train to stop and wants the process to continue. He stated
that if the Office of Boards and Commissions decides to use the Police Commission
as an example, then fine, but he just does not want anything to distract the
Commission from accomplishing the task.
Vice Chair Hertog added with the Chair's approval, both she and Commissioner
Commissioner Adams moved to allow
Mince will continue to work on the last three open items, which includes bringing
Vice Chair Hertog and Commissioner
in the Chief relative to the job description to which Chair Iona replied yes.
Mince to work in collaboration with
Commissioner Mince also asked if it's okay if he and Vice Chair Hertog work with
Chief Perry and the Department of
HR to finalize the changes pertaining to the Chief s job description.
Human Resources relative to a new and
revised job description for the Chief of
Chair Iona stated that he would like to entertain a motion to that effect.
Police position. Commissioner Agarwal
seconded the motion. The motion carried
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 13
SUBJECT
DISCUSSION
ACTION
Commissioner Agarwal asked relative to the conduct of a Police Commissioner,
7:0
should the Commission seek input from the Chief as well. Vice Chair Hertog
replied he already gave his input. Chair Iona stated that what's also important is
doing background checks on police commission candidates. Chief Perry added that
technically, all board and commission members are volunteers and should not be
required to undergo a background check, but because the Police Commission has
oversight of the Police Department, in his opinion, they should be subjected to the
same level of integrity that all KPD employees do, which includes civilian
employees.
Commissioner Adams stated that if the Police Department are the ones doing the
background check, it could be construed as a conflict of interest, but if someone
else does an independent background check, that in itself is a whole other thing.
Chief Perry stated that KPD has the capability of obtaining pertinent information on
an individual than a normal background check person would have. KPD's
background checks are very intensive compared to other departments within the
county. If there is anything in a person's background that's questionable, KPD will
find it.
Commissioner Okami noted that even if KPD does a background check, they don't
make the determination. Vice Chair Hertog added that ultimately the decision on
whether or not to conduct background checks is the decision of the Office of
Boards and Commissions and not this Commission.
Executive Chief Police Contrades stated that KPD has been dealing with the issue
for quite some time now in terms of trying to get the administration to understand
the importance of doing background checks on Police Commission candidates. He
stated that as Commissioner Okami has pointed out, KPD is not the one who makes
the decision to put a potential Commissioner through. We're just here to provide
the Mayor with the information so he can make a good decision because part of it is
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 14
SUBJECT
DISCUSSION
ACTION
we want to avoid someone coming on the Police Commission that would bring
disrepute to the entire organization. Chair Iona noted that the next update by the
subcommittee will be at the Commission's next meeting on June 24, 2016.
With no further discussion, Chair Iona moved onto the announcements.
Announcements
Chair Iona announced the next regular monthly meeting will be on Friday, June 24,
2016 at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A.213. Executive
Session to follow.
Executive
Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (4), the purpose of
At 10:05 a.m. Vice Chair Hertog cited
Session
this Executive Session is for the Commission to consult with its attorney as to the
the Hawaii Revised Statutes to take the
ES -33
powers, duties, privileges, immunities, and liabilities as they may relate to a
Commission into Executive Session.
Declaratory Action to determine the powers of the Mayor and the powers of the
Police Commission. (On- going)
ES KPC 2016-
Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (1 -4) and (b),
010
the purpose of this Executive Session is for the Commission to approve the
Executive Session minutes of April 22, 2016, and to consult with its attorney on
issues pertaining to the Commission's powers, duties, privileges, immunities,
and /or liabilities as they may relate to this agenda item.
ES KPC 2016-
Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of
011
this Executive Session is for the Commission consult with its attorney as to the
powers, duties privileges, immunities, and /or liabilities as they may relate to two
Quarterly Reports dated April 13, 2016, from Police Chief Darryl Perry regarding,
the Department's disposition of notarized complaints filed by citizens with the
Police Commission and the disposition of internal investigations other than Police
Commission complaints from January 1, 2016 to March 31, 2016.
ES KPC 2016-
Pursuant to the Hawaii Revised Statutes §92 -4 and §92 -5 (a) (2) and (4), the
012
purpose of this Executive Session is to review, discuss and decision - making on the
Chief of Police Evaluation Results for any Salary Adjustment effective July 1, 2016
and to consult with its attorney on issues pertaining to the Commission's powers,
duties, privileges, immunities, and /or liabilities as it may relate to this agenda item.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 15
SUBJECT
DISCUSSION
ACTION
• Attachment — Copy of the Chief's 2015 Performance Evaluation Results,
Chair Iona called for a motion to enter into Executive Session.
Vice Chair Hertog moved to enter into
Executive Session. Commissioner
Adams seconded the motion. The
motion carried 6:0
At 10:07 a.m. the Commission entered
into Executive Session.
Return to Open
At 10:40 a.m. the Commission reconvened in Open Session. Chair Iona called for a
Commissioner Adams moved to ratify
Session to ratify
motion to ratify the actions taken in Executive Session.
the actions taken in Executive Session.
the actions
Vice Chair Hertog seconded the motion.
taken in
The motion carried 6:0
Executive
Session,
ES -33: On- going.
ES KPC 2016 -010: Motion carried 6:0
to approve the Executive Session meeting
minutes of April 22, 2016, as amended.
ES KPC 2016 -010: Motion carried 6:0
to defer the item to the June meeting. A
request was made to have a
representative from the Office of
Professional Standards present at the next
meeting to provide a general overview of
the disposition on notarized complaints
and KPD's internal investigation
complaints.
Kauai Police Commission
Regular Open Session — May 27, 2016
Page 16
SUBJECT
_ DISCUSSION_
ACTION
ES KPC 2016 -012: Motion carried 6:0
to implement a pay adjustment for Police
Chief Darryl Perry. The adjustment will
increase his current annual salary amount
to $127,313 effective July 1, 2016.
Adjournment
With no further business to conduct, Chair Iona called for a motion to adjourn the
Vice Chair Hertog moved to adjourn the
meeting.
meeting. Commissioner Adams
seconded the motion. The Motion
carried 6:0.
At 10:41 a.m. the meeting adjourned.
Submitted by:
Mercedes Omo, Staff Support Clerk
() Approved as circulated on
() Approved as amended. See minutes of
meeting.
Reviewed and Approved by:
Charles C.C. Iona, Chair
COMMENDATION REPORT
June 10, 2016
COMMENDATIONS: There was one letter of commendation and thanks received involving five
personnel. This letter will be sent to the Mayor and filed.
DATE EMPLOYEE COMMENDED
(1 Memorandum of Commendation)
05/31/16 Sergeants Scott Williamson,
Daniel Oliveira, Ofcr. Arnold
Cayabyab, Ms. Johnette Chun and
Ms. Eunice Apeles
COMMENDED BY
ASAC Robin L. Dinlocker
Honolulu District Office
Drug Enforcement Administration
U.S. Department of Justice
ASAC Dinlocker wrote with personal gratitude on behalf of the DEA Honolulu
District Office who unselfishly assisted and greatly supported the 11th National
Take Back Initiative held on Kauai, April 30, 2016.
ADMINISTRATIVE AND TECHNICAL BUREAU
MAY 2016
KPC REPORTS
KPD RECRUITMENT UPDATE
Status as of 06/01/2016
Revised: 7/13/12
Recruitment
status
Comments
Status for the 881h recruit class. The Department of Human
POLICE SERVICES OFFICER
Resources held a police exam on 05/21/2016. 71 applied, 71 were
(88th Recruit Class)
invited, 22, showed, 13 passed (names referred to KPD). On
05/22/2016, KPD held the Physical Readiness Standard Test(s). 1
candidate was a no -show, 3 failed the PRST test, and 9 candidates
are pending the next phase of the hiring process.
6 PSO candidate's backgrounds are being conducted from
previous tests.
EMERGENCY SERVICES DISPATCHER
2 vacancies.
One candidate was hired on 05/16/2016. One candidate was
terminated from the hiring process. The Department of Human
Resources has not scheduled another written test at this time.
PRE -AUDIT CLERK
This position was successfully filled on 05/16/2016.
EVIDENCE CUSTODIAN (contract)
One candidate (contract hire) was approved for hire. Hire date is
pending.
SCHOOL CROSSING GUARD-
No names have been referred.
Wilcox Elementary (1 vacancy)
SCHOOL CROSSING GUARD —
No names have been referred
Kapa'a Elementary (1 vacancy)
SCHOOL CROSSING GUARD —
No names have been referred.
Kilauea Elementary (1 vacancy)
SCHOOL CROSSING GUARD —
No names have been referred.
King Kaumuali'i (1 vacancy)
Revised: 7/13/12
Revised: 7/13/12
SCHOOL CROSSING GUARD —
e been referred
Koloa Elementary (1 vacancy)
Enames
Revised: 7/13/12
t1
KAUAI POLICE DEPARTMENT REPORTING PERIOD
Monthly Training Report may 2016
The following training assignments were scheduled /conducted during the month may 2016
No.
Order No
Start Date
End Dat
Training Description
1
15- 102
5/16/2016
5/20/2016
F.T.O. /C.T.O. Certification
2 16- 16030 5/9/2016 5/13/2016 Crisis Negotiation Course
Personnel: Hours: Total:
8 40 320
4 40 160
3 16- 16033 5/23/2016 5/27/2016 Driver Training Instructor (DTI) Course 1 40 40
4 16- 16034 5/5/2016 5/6/2016 HI LInX Train - the - Trainer Course 33 12 396
5 16- 16037 5/23/2016 5/23/2016 Conducting Proper Workplace 1 8 8
Investigations Training
6 16- 16038 5/25/2016 5/25/2016 CHILD SEXUAL ABUSE: Suspect 2 8 16
Dynamics & Interrogation Techniques
7 16- 16039 5/6/2016 5/6/2016 Everything DiSC Work of Leaders 7 6 42
Workshop
8 16- 16040 5/10/2016 5/13/2016 ICS 300 and ICS 400 Training 7 32 224
9 16- 16041 5/16/2016 5/17/2016 National Incident -based Reporting 2 16 32
System (NIBRS) Training
10 16- 16042 5/25/2016 5/27/2016 Hawaii Prosecuting Attorney 2 24 48
Association (HPAA) Training for
11 16- 16043 5/23/2016 5/23/2016 Adverse Childhood Experiences (ACE) 1 6 6
Training
Totals:
Personnel: 68
Instructional Hours: 232
Student Hours: 11292
Additional Training:
#15 -110 SRT Monthly Training; 184 student hours. TOTAL STUDENT HOURS = 1,476
Saturday, June 04, 2016 Page 1 of 1
KAUAI POLICE DEPARTMENT
�'
TRAINING ORDER Date of Issue Effective Date ORDER NO,
Monday, April 25, 2016 5/16/2016 15-102
REFERENCE:
Index As:
RECINDS:
F.T.O. /C.T.O. Certification
The following individuals are ordered to report to the above - mentioned training:
OFC.
ORLINO ANTOLIN
OFC,
BRAD CANDIDO
OFC.
JASON SCALZO
OFC.
JOEL SNYDER
OFC.
MACY TELLES
OFC.
BOBBYTHOMPSON
ESD KRISTIN BONILLA
ESD MARY JO TYDINGCO
TRAINING DATE:
Start Date 5/16/2016
LOCATION:
E.O.C.
7:45 hours - End Date 5/20/2016 16:30 hours
INSTRUCTORN:
Robert Sullenberger of Kaminsky, Sullenberger & Associates
FUNDING:
Kauai Police Department- Training Section
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
Lt. Todd Tanaka
APPROVED By.
1
A L . PERR
HIEF OF OLICE
KAUAI POLICE DEPARTMENT
I
TRAINING ORDER Date of Issue Effective Date I ORDER NO.
REFERENCE:
Index As:
Thursday, April 14, 2016 I 5/9/2016 I 16-16030
RECINDS:
Crisis Negotiation Course
The following individuals are ordered to report to the above - mentioned training:
DET. CHRISTIAN JENKINS
OFC. BRIAN SILVA
OFC, STACY PERREIRA
OFC. AARON LESTER
TRAINING DATE:
Start Date 5/9/2016
LOCATION:
FBI - Honolulu; Kapolei, HI
5:00 hours - End Date 5/13/2016 17 :00 hours
I NSTRUCTOR(S):
Provided by FBI - Crisis Negotiation Unit
FUNDING:
Kauai Police Department
UNIFORM:
Class C
TRAINING REQUESTED BY:
Deputy Chief Contrades
APPROVF9 D,13
1
DA RY D. PERR
CHIEF OF POLICE
KAVA POLICE DEPARTMENT
TRAINING ORDER Date of Issue Effective Date
Thursday, April 21, 2016 5/23/2016
REFERENCE: RECINDS:
Index As: Driver Training Instructor (DTI) Course
The following individuals are ordered to report to the above - mentioned training:
SGT. LEN NITTA
TRAINING DATE:
Start Date 5/23/2016 8:00 hours - End Date 5/27/2016 17:00 hours
LOCATION:
Alameda County Sheriff's Regional Training Center; Dublin, CA
INSTRUCTORM:
Provided by the Alameda County Sheriff's Regional Training Center
FUNDING:
Kauai Police Department
UNIFORM:
Class D
TRAINING REQUESTED BY:
Lt. Todd Tanaka
ORDER NO.
16 - 16033
RRYL D. PERRY
IEF OF POLICE
JAI
�I
KAVA`I POLICE DEPARTMENT
TRAINING ORDER Date of Issue
REFERENCE:
Index As:
Monday, April 25, 2016
Effective Date
5/5/2016
RECINDS:
HI LInX Train - the - Trainer Course
The following individuals are ordered to report to the above - mentioned training:
A /CAPT. SCOTT BREDE
LT. SCOTT KAUI
LT. JAMES RODRIGUEZ
LT. TRENT SHIMABUKURO
LT. KENNISON NAGAHISA
LT. RODERICK GREEN
LT. KENNETH CUMMINGS
A /LT. KENNETH CARVALHO
DET, ALAN SANTELLA
DET, CHARLES DUBOCAGE
DET. JESSE GUIRAO
DET. MICHAEL NII
DET, DAMIEN MCCALLUM
DET. RAY TAKEKAWA
DET, ANTHONY MORITA
TRAINING DATE:
Start Date 5/5/2016
LOCATION:
E.O.C.
DET.
DARREN ROSE
DET,
ERIC CASPILLO
DET,
CHRISTOPHER CALIO
DET.
CHRISTIAN JENKINS
SGT.
DARLA ABBATIELLO
SGT,
ANTHONY ABALOS
SGT.
KEKOA LEDESMA
SGT,
DANIEL OLIVEIRA
A /SGT,
JOHN MULLINEAUX
OFC,
ALLAN ANDRES
OFC,
LANCE OKASAKI
OFC,
MITCHELL COLLIER
JESSICA FLETCHER
MIKE
LANE
7:45 hours - End Date 5/6/2016 12:00 hours
INSTRUCTOR(S):
Dennis and Kimberly Usrey
FUNDING:
Kauai Police Department
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
Det, Alan Santella
ORDER NO.
16-16034
OFC,
ARNOLD CAYABYAB
OFC.
BRUCE NANCE
OFC,
MAKANA RIVERA
OFC.
AVELINO RUVALCABA
OFC.
BRIAN SILVA
OFC,
KAPENA WILSON
OFC,
AARON RELACION
KAVA'I POLICE DEPARTMENT
t�T
TRAINING ORDER Date of Issue
Friday, May 06, 2016
REFERENCE:
Effective Date
5/23/2016
RECINDS:
ORDER NO.
16 - 16037
Index As: Conducting Proper Workplace Investigations Training
The following individuals are ordered to report to the above - mentioned training:
AC ROB GAUSEPOHL
CAPT, PAUL APPLEGATE
A /CAPT. SCOTT BREDE
LT. TRENT SHIMABUKURO
LT. JAMES RODRIGUEZ
LT. SCOTT KAU I
LT. KENNISON NAGAHISA
LT, JON TAKAMURA
LT. KENNETH CUMMINGS
TRAINING DATE:
Start Date 5/23/2016 8:00 hours -
LOCATION:
Convention Hall (Exhibition side)
LT. MARK OZAKI
LT, RODERICK GREEN
A /LT. JAMES MILLER
A /LT. KEN CARVALHO
SGT. DANIEL OLIVEIRA
SGT, JASON MATSUOKA
SGT. GINNY PIA
SGT, SCOTT WILLIAMSON
End Date 5/23/2016 16:30 hours
I NSTRUCTORM:
Sarah Wang, Esq. of the law firm Marr, Jones and Wang
FUNDING:
County of Kauai -Human Resources
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
AC Rob Gausepohl
APPROVED BY:
�L
{ O L DARRYL D. PERRY
CHIEF OF POLICE
KAUAI POLICE DEPARTMENT
T - ITT
TRAINING ORDER Date of Issue
Friday, May 06, 2 ()16
REFERENCE:
Effective Date
5/25/2016
RECINDS:
ORDER NO.
16 - 16038
Index As: CHILD SEXUAL ABUSE: Suspect Dynamics & Interrogation Techniques
The following individuals are ordered to report to the above - mentioned training:
A /AC RICHARD ROSA
CAPT, BRYSON PONCE
LT. KENNETH CUMMINGS
LT. MARK OZAKI
DET, CHRISTOPHER CALIO
DET, ERIC CASPILLO
DET. CHARLES DUBOCAGE
DET, JESSE GUIRAO
DET, CHRISTIAN JENKINS
TRAINING DATE:
Start Date 5/25/2016 7:45 hours -
LOCATION:
E.O.C.
I NSTRUCTOR(S):
Richard Barton, Level 4 Master Instructor
FUNDING.
DET.
ANTHONY MORITA
DET,
DAMIEN MCCALLUM
DET,
MICHAEL NII
DET.
DARREN ROSE
DET.
RAY TAKEKAWA
OFC,
LANCE OKASAKI
OFC,
ANDREW MURAOKA
OFC,
MORRIS UNUTOA
DVIC
REGINA KAULUKUKUI
End Date 5/25/2016 16:30 hours
Kauai Children's Justice Committee & Frien
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
A /AC Richard Rosa
APPROVED BY:
L )L
FORDARRYL D. PERRY
CHIEF OF POLICE
KAUXI POLICE DEPARTMENT
'TRAINING ORDER Date of Issue Effective Date ORDER NO,
REFERENCE:
Thursday, April 21, 2016 I 5/6/2016 1 16-16039
RECINDS:
Index As: Everything DISC Work of Leaders Workshop
The following individuals are ordered to report to the above - mentioned training:
A /CAPT. SCOTT BREDE
LT. TRENT SHIMABUKURO
LT, JON TAKAMURA
LT. SCOTT KAUI
SGT. DARLA ABBATIELLO
SGT. JASON OVERMYER
SGT. BRANDY LEDESMA
TRAINING DATE:
Start Date 5/6/2016 8:00 hours - End Date 5/6/2016
LOCATION:
Lihue Civic Center, Pi'ikoi Building- Conference Room A/B
INSTRUCTOR(S):
Ms. Shyla Ayau of Kupu'ae
FUNDING:
County of Kauai -Human Resources
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
County of Kauai -Human Resource
15:00 hours
APPROVED BY:
p
FOSS DARRYL D. PERRY
CHIEF OF POLICE
�rV
KAVA7i POLICE DEPARTMENT
TRAINING ORDER Date of Issue
Friday, April 22, 2016
REFERENCE:
Effective Date
5/10/2016
RECINDS:
Index As: ICS 300 and ICS 400 Training
The following individuals are ordered to report to the above - mentioned training:
ICS 300; May 10 -11
OFC. ARNOLD CAYABYAB
OFC. ANDREW MURAOKA
OFC, BRUCE NANCE
OFC, AARON RELACION
OFC. KAPENA WILSON
TRAINING DATE:
Start Date 5/10/2016
LOCATION:
EOC
8:00 hours -
ICS 400; May 12 -13
LT. KENNETH CUMMINGS
A /SGT. JOHN MULLINEAUX
OFC, ARNOLD CAYABYAB
OFC. ANDREW MURAOKA
OFC, BRUCE NANCE
OFC. AARON RELACION
OFC. KAPENA WILSON
End Date 5/13/2016 16:30 hours
INSTRUCTOR(S):
Provided by the National Disaster Preparedness Training Center (NDPTC)
FUNDING:
Kauai Civil Defense Agency
UNIFORM:
Class A or C
TRAINING REQUESTED BY:
Kauai Civil Defense Agency
ORDER N0.
16 - 16040
APPROVED BY:
faR DARRYL Do PERRY
CHIEF OF POLICE
4064 j
All
KAUAI POLICE DEPARTMENT
TRAINING ORDER Date of Issue
Wednesday, May 04, 2016
REFERENCE:
Effective Date
5/16/2016
RECINDS:
ORDER NO.
16 - 16041
Index As: National Incident -based Reporting System (NIBRS) Training
The following individuals are ordered to report to the above - mentioned training:
ASST. CHIEF ROB GAUSEPOHL
OFC. STACY PERREIRA
TRAINING DATE:
Start Date 5/16/2016 9:00 hours - End Date
LOCATION:
HPD Headquarters -3rd Floor Computer Training Room
INSTRUCTORM:
Brad Zoladz of the FBI
FUNDING:
HI State AG and Kauai Police Department
UNIFORM:
Class C
TRAINING REQUESTED BY:
AC Rob Gausepohl
5/17/2016 17:00 hours
APPROVED BY:
DARRYL D. PERRY
CHIEF OF POLICE
FNTs rte.
TT
,, ra
KA[VA'I POLICE DEPARTMENT
TRAINING ORDER Date of Issue Effective Date
Thursday, May 05, 2016 5/25/2016
REFERENCE: RECINDS:
Index As:
ORDER NO.
16-16042
Hawaii Prosecuting Attorney Association (HPAA) Training for
Prosecutors and Police Officers
The following individuals are ordered to report to the above - mentioned training:
DET. DAMIEN MCCALLUM
OFC, MAKANA RIVERA
TRAINING DATE:
Start Date 5/25/2016 9:30 hours - End Date 5/27/2016 12:00 hours
LOCATION:
Makena, Maui
INSTRUCTOR(S):
JD Kim, John Tam, Kristin Coccaro, Moana Lutey, and Emily Vacher
FUNDING:
Kauai Police Department
UNIFORM:
Class A or B
TRAINING REQUESTED BY:
A /AC Richard Rosa
APPROVED BY:
KAUAI POLICE DEPARTMENT
TRAINING ORDER Date of Issue
Tuesday, May 17, 2016
REFERENCE:
Effective Date
5/23/2016
RECINDS:
ORDER NO.
16-16043
Index As: Adverse Childhood Experiences (ACE) Training
The following individuals are ordered to report to the above - mentioned training:
DVIC Regina Kaulukukui
TRAINING DATE:
Start Date 5/23/2016
LOCATION:
Kauai Beach Resort
9:00 hours - End Date 5/23/2016 15:00 hours
1 NSTRUCTORM:
Dr. Chia Granda and Mervlyn Kitashima
FUNDING:
State DOH, KHRA & Prevent Child Abuse H
UNIFORM:
Class C
TRAINING REQUESTED BY:
A /AC Richard Rosa
LHIt1- Ut PULIGE
PERSONNEL STATUS AS OF 05 -31 -2016 CLOSE OF BUSINESS:
VACANCIES: Position Title
Appointed
Sworn: 1 Police Lieutenant ( #399)
3 Police Sergeant ( #400, #406, #417, #431 & #442)
9 Police Officer - (County funded - #526, #551, #580)
Police Officer- ( #1317, #1318, #1319, #1320, #1321, #1322 —COPS)
Civilian:
NOTE:
1 Program Specialist I (Pos #561)
1 Weapons Registration Clerk (Pos 558)
1 Information Technology Project Coordinator ( #309)
1 Senior Clerk (Pos #932)
1 Emergency Services Dispatcher I ( #536)
1 Emergency Services Dispatcher I (T566 - EMSS)
8 School Crossing Guard [Part- time]*
Kapaa
King Kaumualii
Chiefess Kamakahelei (3)
Hanalei
Kalaheo
Kekaha
Kilauea
Koloa (1J
Wilcox
Police Services Officers hired 01/04/2016 pursuant to Section 23 (2)
Short term appointments - -89 -day (3)*
AUTHORIZED
ACTUAL
VACANT
APPOINTED
1
1
0
SWORN
161
148
13
County General Fund
GrantFund
CIVILIAN
71
57
14
County General Fund
67
54
13
Temporary & Grant Fund
4
3
1
TOTAL
233
206
27
VACANCIES: Position Title
Appointed
Sworn: 1 Police Lieutenant ( #399)
3 Police Sergeant ( #400, #406, #417, #431 & #442)
9 Police Officer - (County funded - #526, #551, #580)
Police Officer- ( #1317, #1318, #1319, #1320, #1321, #1322 —COPS)
Civilian:
NOTE:
1 Program Specialist I (Pos #561)
1 Weapons Registration Clerk (Pos 558)
1 Information Technology Project Coordinator ( #309)
1 Senior Clerk (Pos #932)
1 Emergency Services Dispatcher I ( #536)
1 Emergency Services Dispatcher I (T566 - EMSS)
8 School Crossing Guard [Part- time]*
Kapaa
King Kaumualii
Chiefess Kamakahelei (3)
Hanalei
Kalaheo
Kekaha
Kilauea
Koloa (1J
Wilcox
Police Services Officers hired 01/04/2016 pursuant to Section 23 (2)
Short term appointments - -89 -day (3)*
KAUAI POLICE DEPARTMENT
A & T BUREAU - RECORDS SECTION
LEGAL DOCUMENTS PROCESSED REPORTS
JAN 2016 TO DEC 2016
LEGAL DOCUMENTS
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
TOTAL
Warrant of Arrest
18
29
30
22
42
141
Bench Warrant
26
32
34
41
26
159
eBW Traffic
50
71
61
57
59
298
eBW Crim
291
52
65
541
50
250
Grand Jury BW
0
4
0
6
8
18
Subpoena
142
82
71
73
104
472
Summons
1
1
1
2
2
7
CSM
1
0
0
ol
0
1
Order to Show Cause
ol
0
0
0
0
0
TRO
20
30
21
20
19
110
PO (Family)
6
4
1
2
2
15
Restraining Order (Civil)
0
2
2
0
1
5
Detention (Juv)
0
0
21
01
3
1
5
TOTALS 1
2931
307
2881
2771
316
ol
ol
0_01
ol
0
01
1481
KAUAI POLICE DEPARTMENT
Notes to Budget Summary
For the Period April 2016
The Budget Status Report for April 2016 is submitted for your review and perusal. The
department's total expenditures plus encumbrances for FY 2016 is currently at 79% at the 83%
of year point for the fiscal year.
Chief's Office percent expended through April 2016 is 79 %, Administrative & Technical Bureau
is 72 %, Investigative Services Bureau at 85% and Patrol Services Bureau at 85% of budget spent
or encumbered. As a note, Chiefs Office budget includes all payroll and fringe benefits for the
entire department.
KPD's FY 2016 spending continues to be on target to remain within budget with nothing
significant to report at this time.
KAUAI POLICE DEPARTMENT
BUDGET SUMMARY ESTIMATE
APRIL 2016
BUREAU
Chiefs Office
Administrative & Technical Bureau
Investigative Services Bureau
Patrol Services Bureau
TOTAL - GENERALFUND
EXPENDITURES ENCUMBRANCES BALANCE
BUDGET TO DATE TO DATE 4/30/2016
$29,060,324.00 $22,971,549.00 $111,544.36 $5,977,230.64
1,391,843.00 6540926.83 342,094.98 394,821.19
345,422.00 194,948.31 97,488.87 52,984.82
393,346.00 189,666.22 146,183.48 57,496.30
$31,190,935.00 $24,011,090.36 $697,311.69 $6,482,532.95
% of BUDGET
83%
79%
72%
85%
85%
79%
Asset Forfeiture Funds $603,388.00 $ 1629757.08 $0.00 $440,630.92 27%
Community Oriented Policing Report
Investigative Services Bureau
General /Major Crimes Section
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CI11�F OF POLICE
RICI -IARD W. ROSA, ACTING ASSISTANT CHIEF OF POLICE, I �� "7/'
BRYSON M. PONCE, CAPTAIN, ISB 8- I'A'---- es /is /oei`
FROM: KENNETH P. K. CUMMINGS, LIEUTENANT, ISI�0-d Fa
Gi
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
DETECTIVES:
Major Crimes Detective (3) Sex Crimes Detectives (3) ICAC Detective (1)
REPORTS / INVESTIGATIONS:
(2)
ASSIGNMENT
CASE DISPOSITION
Detectives
Carry
Cases
Total
Unfound
RTP
Record
Info
Arrest
Arrest
Cases
PFD
Carry
11
Over Last
Assigned /
0
1
23
Only
Charge
Self
Other
Cleared / %
Over Next
Month
Follow Up
Month
Total:
84
44
128
0
13
18
11
12
7
50/39%
15
63
ENFORCEMENT:
Felony
Arrest
MD
Arrest
Total
Arrest
Info
Charge
Search
Warrant
Arrest
Warrant
Grand
Jury
Projects
Meetings
Court
Surveillance
Follow
UPS
Trainings
19
0
19
11
0
0
0
1
23
0
0
26
6
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
Robbery
ISB was called and responded to a call out for a reported robbery in the Lihue area. ISB
investigation revealed that an elderly adult finale establishment owner had been robbed and
money taken. Further ISB investigation revealed that monies were taken fiom the establishment,
however it did not meet the elements of Robbery and this case was re- classified to a theft. A 20
year old male visitor was identified as the suspect and subsequently was arrested and charged
with Theft 2nd
Page 1 of 6
Sexual Assault
ISB was called out and responded to a report of a Sexual Assault case. ISB investigation
revealed that an adult female subject reported being sexually assaulted and a SANE was
performed on the victim. No suspects and /or witnesses have been located at this time and the
case is still under investigation.
ISB was notified of a Sexual Assault case. ISB investigation revealed that both the victim and
suspect were two male juveniles. A SANE was performed on the victim and the case is still
under investigation at this time.
ISB was notified of a Sexual Assault case. ISB investigation revealed that both the victim and
suspect were two male juveniles. No SANE was performed on the victim and the case is still
under investigation at this time.
ISB was notified of a Sexual Assault case. ISB investigation revealed that the victim was a
juvenile female while the suspect was a juvenile male subject. No SANE was performed on the
victim and the case is still under investigation at this time.
ISB was notified of a reported Sexual Assault case. ISB investigation revealed that an adult
female subject reported being sexually assaulted and a SANE was performed on the victim. No
witnesses have been located at this time but a� adult male suspect was identified and questioned.
The case has since been completed and subrmtted to the Office of the Prosecuting Attorney for
final disposition.
ISB was notified of a Sexual Assault case. ISB investigation revealed that the victim was a
juvenile male subject and the suspect is unknown at this time. No SANE was performed on the
victim and the case is still under investigation at this time.
Death Related Report
ISB was notified and responded to a death related case in the North Shore area of Kauai. ISB
investigation revealed that an elderly adult male visitor had drowned. There were no signs of
foul play noted at the scene or on the deceased and an autopsy was performed and the forensic
pathologist determined that the deceased suffered from several medical conditions and they were
all contributing factors in his death and the manner of death was accidental.
ISB was notified of an airplane accident that occurred on the Westside of Kauai. ISB
investigation revealed that an airplane had crashed shortly after takeoff and all five people
aboard had been killed. The deceased were identified and next of kin notifications were made
and autopsies were conducted. The case was then transferred to the Federal Aviation
Administration (FAA) and the National Transportation Safety Board (NTSB) to conduct their
joint investigation.
Page 2of6
ISB was notified of a death related case in the Kapaa area. ISB investigation revealed that an
adult male subject was found hanging at his residence. There were no suspicious circumstances
and/or foul play noted at the scene or on the deceased. An autopsy was conducted and the
investigation is still pending the toxicology results.
ISB was notified of a death related case in the Poipu area. ISB investigation revealed that an
elderly adult male visitor had drowned. There were no signs of foul play noted at the scene or on
the deceased and an autopsy was performed. The forensic pathologist concluded that the
preliminary cause of death was due to drowning.
Assault
ISB was called out and responded to a call of an Assault that occurred in the Lihue area. ISB
investigation revealed that an adult male subject had been assaulted and was medically evacuated
to Queen's Hospital in Oahu due to his injuries. The victim stated that he had been assaulted by
an unknown person(s) and no witnesses have been identified at this time. This case is still under
investigation.
CRIME SCENE SPECIALISTS (CSS):
Crime Scene Specialists (2)
LATENT FINGERPRINTS
CSS (2)
Latent Lifts Examined
Reverse Latent
Fingerprint Exam
Inked Fingerprint
Card Exam
Latent Hits
Evidence Processed
(Number of Cases)
Total:
27
42
0
0
4
Hit Information:
Date
Report #
Hit Identification
Finger/Palm Other Data
PROCESSING
Page 3 of 6
FIRE TEST FIRES
CSS (2) Test Fires Performed
Total: 0
Test Fire Performed By: S.Regan / A. Santella
MOBILE DEVICE EXTRACTIONS
CSS (1)
Extractions Performed
Total:
2
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
• On Monday, May 23 2016, CSS (2) responded to the scene in Hanapepe for 2016-
05696 Mis Pub - Aircraft Accident to photograph from the ground and above the scene
on board Air 1. CSS also responded to the Wilcox Hospital ER to document and
recover evidence from one of the victims of the crash. On Tuesday, May 24 2016,
CSS documented and recovered evidence during the autopsies of the 5 victims of the
crash.
DOMESTIC VIOLENCE INTERVENTIONS COORDINATOR (DVIC):
Domestic Violence Interventions Coordinator (1)
REPORTS / INVESTIGATIONS:
DVIC
ASSIGNMENT
CASE DISPOSITION
(1)
Catty over
Assigned
Total
I
Record
RTP
Unfound
Cases
I %
PFD
Cary over
Only
previous month
Cases
FSS
Only
CWS
Cleared
Cleared
I
next month
Total:
21
58
1 79
25
28
1
1 54
68%
1 8
17
CHILD WELFARE SERVICES (CWS) CASES
DVIC
Family Strengthening
Voluntary Case
Child Welfare
Follow Up
Child Justice Center
Update
Total Cases
(1)
Services
Management
Investigations
KPD
CJC Referral Form
Only
2
0
FSS
VCM
CWS
Total:
5
12
7
4
3
1
32
RESTRAINING ORDER FOLLOW UP:
DVIC
(1)
Served TKO's
Served Protective
Orders
Dissolved
Orders
Unserved
Orders
Closed
Total Restraining Orders
Total:
8
0
0
6
0
14
OTHER DVIC ACTIVITIES.
DVIC 1
Assist Nv/ TRO Violations
Court
Follow Up
Meetings
Presentations
Training
Other
Other
Total:
0
2
0
1
0
2
0
0
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
• No major incidents or highlights for May 2016
Page 4 of 6
SEX ASSA ULT NURSE EXAMINER (SANE) UNIT:
SANE /Coordinator (1) SANE's (2)
SANE EXAMS:
TYPE:
Non - Report
Exam
Adult Report
Exam
Juvenile Report
Exam
Adult Partial
Exam/Refirsal
Juvenile Partial
Exam /Refusal
Call Out w/ Exam
0
2
1
0
0
Call Refuse Exam
0
0
0
0
0
Other
0
0
0
0
0
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
• No major incidents or highlights for May 2016
AWARDSITRAININGS /PRESENTATIONS /MEETINGS /PUBLIC
SPEAKING I OTHERS:
TRAININGS ATTENDED
May 5 -6, 2016 One (1) Major Crimes Lieutenant and six (6) Major Crimes
Detectives attended the HI LiNX Train the Trainer course held at
the Kauai Civil Defense's EOC (0745 -1630 lnrs).
May 9 -13, 2016 One (1) Major Crimes Detective attended the Crisis Negotiation
Course held in Oahu.
May 12 -13, 2016 One (1) Major Crimes Lieutenant attended the ICS -400 training
course held at the Kauai Civil Defense's EOC (0745 -1630 hrs).
May 25, 2016 The entire General Crimes section (seven sworn personnel)
detectives and one (1) DVIC attended the Child Sexual Abuse:
Suspect Dynamics & Interrogation Techniques training course held
at the Kauai Civil Defense's EOC (0745 -1630 hrs).
MEETINGS
May 3, 2016 ISB Command Staff attended the Lethality Assessment Program
(LAP) teleconference meeting (0800 -0900 hrs).
ISB Command Staff attended a meeting with IT personnel
regarding the CSS tablets and internet access to assist criminal
investigations in ISB (1530- 16301nrs).
Page 5 of 6
May 4, 2016 One (1) Major Crimes Detective attended a case conference (0900-
1000) at the Children's Justice Center (CJC).
May 11, 2016 One (1) Majors Crimes ISB Lieutenant and one (1) Major Crimes
Detective attended a case conference (1300 -1400) at the Children's
Justice Center (CJC).
May 12, 2016 One (1) Major Crimes ISB Lieutenant attended the Inter Agency
Committee (IAC) meeting at the CJC (0830 -1000 hrs).
May 13, 2016 One (1) Major Crimes Lieutenant and three (3) Major Crime
detectives attended the Cold Case meeting at the Office of the
Prosecuting Attorney's conference room (1030 -1130 hrs).
One (1) Major Crimes Lieutenant attended a meeting with CWS
and PSB regarding cross reporting case procedures (1330 -1430
hrs).
May 16, 2016 ISB Command Staff attended the ICAC Assistance Task Force
meeting with Frank Kardasz (1000 -1030 hrs).
OTHER ACTIVITIES
May 15, 2016 One Major Crimes Detective participated in the Hawaii Law
Enforcement Memorial Honor Guard in Oahu.
Submitted by:
Ker reth Cummings V555 Z
Lieutenant ISB
06 -06 -16 1500 hours
COMMAND COMMENTS:
Page 6 of 6
Community Oriented Policing Report
Investigative Services Bureau
Special Focus Section
TO: DARRYL D. PERRY, CHIEF OF POLICE I W
VIA: MICHAEL M. CONTRADES, DEPUTY CH EF OF POLICE
RICHARD W. ROSA, ACTING ASSISTANT CHIEF OF POLICE, ISB flAINIJ „
BRYSON M. PONCE, CAPTAIN, ISB Ab• P 4L'0-0 041061-00/4' Y
FROM: MARK OZAKI, LIEUTENANT, ISB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
(5) PROPERTY CRIME DETECTIVES, (1) WHITE COLLAR CRIME DETECTIVE
REPORTS/INVESTIGATIONS
(2)
ASSIGNMENT
I CASE DISPOSITION
Detectives
Carry
Cases
Total
Unfound
RTP
Record
Info
Arrest
Arrest
Cases
PFD
Carry
1 0
Over Last
Assigned /
Only
Charge
Self
Other
Cleared / °o
Over Next
Month
Follow Up
Month
Total:
294
126
405
3
5
3
4
1
10
22 @ 5 %
134
264
ENFORCEMENT - DETECTIVES
Felony
Arrest
MD
Arrest
Total
Arrest
Search
Warrant
Arrest
Warrant
Grand
Jury
Projects
Surveillance
Follow
UPS
11
0
11
1
1 0
0
1 0
1 0
1 68
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS (SPECIAL FOCUS DETECTIVES):
An adult male and female were arrested for Theft of Agricultural Commodities in the Hanalei
District. Suspects made a statements and admitted to the Theft and were unable to post bail.
An adult male and female were arrest for UEMV 1” in the Kawaihau District. Suspect vehicle
was seized and search warrant was obtained and executed resulting in the recovery of the
reported stolen items. Suspects denied being involved in the Theft and were unable to post bail.
An adult male and juvenile were involved in a Burglary 1St report in the Kawaihau District. The
adult male fled the scene and it was discovered later that had left the island. The juvenile was
located and detained. Stolen jewelry was recovered and will be returned to the victims. This
investigation is still pending.
Page I of 4
An adult male was arrested for Burglary 1" in the Hanalei District. UEMV 1St in the Kawaihau
District. Suspect was observed on video surveillance in the residence. Stolen items have not been
located at this time. The suspect denies any involvement in the Burglary. This investigation is
still pending.
An adult female is accused of embelezzling $17,000.00 from a business in the Lihue District. The
suspect has not yet been located at this time. This investigation is still pending.
Investigated a Robbery complaint in the Lihue District. After investigation the case it was
determined that the adult male suspect committed the offense of theft 2nd and not Robbery. The
male suspect was arrested and booked. This investigation is still pending.
SCHOOL RESOURCE OFFICER (SRO) UNIT
REPORTS/INVESTIGATIONS
(3) SRO's
ASSIGNMENT
CASE DISPOSITION
(I) SGT
Carry
Cases
Total
Follow up
Unfound
RTP
Record
Arrest
Arrest
Cases
PFD
Carry
0
Over Last
Assigned
35 teams throughout island
/ Supp
250
Kilauea, Anahola & Hanalei
Only
Self
Other
Cleared / %
Over Next
1000
Month
Report
Month
Total:
0
69
69
0
0
0
4
65
0
69 Q
0
0
100%
[WO 0 ) OkU1 IHu 1 Die Y IMI t0111►1 IN
Felony Arrest
MD /SO Arrest
Total Arrest
Traffic Cites
Criminal Cites
Legal Service
Warrants
T/C
OVUII
Total: 1 7
62
1 69
1
0
9
0
0
0
K -PAL PROGRAM
ACTIVITY TYPE
# Juveniles
LOCATION
Remarks
Wrestling
50
Ka as Youth Center
Exhibition bouts at Boxing Showcase
Jiu Jitsu
0
Ka as Youth Center
Will Start by summer of 2016
Boxing / Kick Boxing
100
Lihue & Hana e e Boxing Gyms
Boxing Showcase at Kukui Grove, est. 1000 people attended
Flag Football
600
Island Wide
35 teams throughout island
Basketball
250
Kilauea, Anahola & Hanalei
Last game of the season was May 7th
Total:
1000
1 •
LOCATION
# Classes
# Students
Waimea Canyon Middle School
3
150
Chiefess Kamakahelei Middle School
21
160
Total:
24
310
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS (SRO & K -PAL):
May 7, 2016 K -PAL Basketball League last game of the season held at the Kilauea
Gymnasium. Medals were awarded to all participants and two
sportsmanship trophies were award to coaches of teams that displayed
good sportsmanship throughout the entire season.
May 14, 2016 K -PAL maned a water station at the Kauai Visitor Industry Charity Walk.
Approximately 600 adults and 300 juveniles participated in the Walk.
Page 2 of 4
May 20, 2016 SRO Unit conducted a special project utilizing the Youth Deterrent Grant
to locate underage minors consuming or possessing alcoholic beverages
and other illegal activities involving juveniles. Checks were made in the
Kawaihau, Lihue, Koloa and Waimea Districts. No criminal activities
were observed.
MEETINGS
May 19, 2016 Lieutenant attended Juvenile Drug Treatment Center Meeting at King
Kaumuali'i Elementary School.
May 24, 2016 Lieutenant attended Mayors Enforcement Committee Meeting at the OPA.
May 31, 2016 Lieutenant attended Meeting with the Kekaha Senior's to discuss safety
concerns related to property crimes.
Month of April Waimea High School SRO attended CORE Team Meetings at Waimea
High School on the 1St, 161h and 23`d
TRAININGS / PRESENTATIONS / PUBLIC SPEAKING / OTHERS:
May 5 & 6, 2016 Property Detectives & SRO Unit attended LINX HI. Certification Class in
the EOC.
May 10, 2016 SRO Unit assisted Kapa'a Middle School with school wide evacuation
drill.
May 10 & 11, 2016 SRO attended the ICS 300 Training at the EOC.
May 12 & 13, 2016 SRO attended the ICS 400 Training at the EOC.
May 13 & 27, 2016 Three Property Crime Detectives, the SRO Sergeant and an SRO attended
SRT training.
May 16-312016 SRO Sergeant & Property Crimes Detective conducted Firearms Training
for KPD Recruit Class,
May 25, 2016 Property Crime Detectives & Lieutenant attended Child Sex Abuse
Suspect Dynamics and Interrogation Training,
May 25 -27, 2016 Property Crime Detective attended a Search Warrant Training on Maui.
COMMUNITY ACTIVITIES AND INVOLVEMENT
No Community Oriented Policing Activities to report.
Page 3 of 4
YOUTH COUNSELOR
(1) Youth Counselor / Position Currently Vacant and supplemented by ISB Juvenile Clerk
REPORTS / INVESTIGATIONS:
(1)
ASSIGNMENT
I CASE DISPOSITION
Y.C.
Carry over
previous month
Referred
Cases
Total
Teen
Court
Family
Court
RTP
PFD
Unfounded
Cases
Cleared
;o
Cleared
Carry over
next month
Total:
101
Unk
Unk
Unk
Unk
Unk
I Unk
Unk
Unk
Unk %
107
MISSING PERSONS:
(1)
ASSIGNMENT
CASE DISPOSITION
Y.C.
Carry over
previous month
New
Cases
1
Total
1
Unfounded
Record
Only
Located
PFD
Cases
Cleared
;'o Cleared
Cant' over
next month
Total:
81
2
83
0
0
1
1
1 l
.01 %
82
OTHER YOUTH COUNSELOR ACTIVITIES:
Submitted by:
MARK OZKKI 01416
Lieutenant ISB
06 -06 -16 1500 hours
Comments:
Page 4 of 4
Counseling
Juveniles
Counseling
Parents
Court
Meetings
Presentations
Special Projects
(raining
Other
Other
Total:
0
0
0
0
0
1 0
0
0
0
Submitted by:
MARK OZKKI 01416
Lieutenant ISB
06 -06 -16 1500 hours
Comments:
Page 4 of 4
Community Oriented Policing Report
Investigative Services Bureau
Vice Section
FO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE����
RICHARD W. ROSA, ACTING ASSISTANT CHIEF OF POLICE, IS'1�
BRYSON M. PONCE, CAPTAIN, ISB m • /• 06/001,•16
FROM: KENNETH J. CARVALHO, ACTING LIEUTENANT, ISB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
I. REPORTS/INVESTIGATIONS
(5)
ASSIGNMENT
Training
I Days/Hours
CASE DISPOSITION
Inv.
Carry over
Self -
Referred
'Total
PF
Persons
R
Unfound /R.
Cases Cleared
% Cleared
Carry over
(1) Sgt.
previous
Initiated
Cases
2.6
D
Arrested
11'
O.
Auction
next month
2
month
Cases
6
Value
$220.00
$3,325.00
P
$250.00
$5,000.00
$500.00
Total:
11
13
3
27
0
4
0
0
15
55.55%
12
K -9 UNIT:
(2)
K -9
Search Warrants
Training
I Days/Hours
Parcel
Interdiction
Assist
Patrol
Assist
Det.
Cases
Total Cases
Total:
4
1 3/3
6
2
0
0
1 4
SEIZURES:
Type
Processed
Methamphetamine
Marijuana
Cocaine
Pills/Tablets
Weapons
Vehicles
YTD Written
Marijuana
"Ice"
Plants
Currency /Vehicle
Warning
Warning
for Auction
Total in
6.31
18.32
0
2.6
498
1
notices
Grams
Auction
Total:
2
0
$4,139.00
6
Value
$220.00
$3,325.00
0
$250.00
$5,000.00
$500.00
ASSET FORFEITURE:
(1) Sgt.
State Cases
Federal Cases
US
Vehicles
Property
Property Sent
Vehicles
YTD Written
Currency /Vehicle
Warning
Warning
for Auction
Sent for
Forfeitures
notices
notices
Auction
Total:
2
0
$4,139.00
6
0
0
0
$37,231.00
NOTABLE HIGHLIGHT
March 16, 2016, KPD received information from the United States Postal Inspector Brian
Shaughnessy that he conducted an investigation into a parcel addressed to 6212 Olohena Road,
Kapaa. A search warrant for the suspected parcel recovered 198 MDNIA pills, 300 XANAX
bars, and a white powdery substance not identified.
Page 1 of 3
On May 16, 2016, the parcel was delivered to the recipient's address of
Kapaa. After several hours, vehicle arrived at the residence recipient's address.
Within 15 minutes of arriving, the suspect vehicle left the recipient's address. Surveillance
teams continued to monitor the suspect vehicle down to the Kapaa Rvpass area before a traffic
stop was initiated. The single occupant of vehicle
was arrested for Promoting Dangerous Drug 151 and Promoting a Haimiul Drug 1".
Vehicle was then seized as evidence and towed to the KPD Evidence Warehouse where
it is pending the application of a search warrant.
That based on the investigation, Donovan Cameron -Ray was transported to KPD Headquarters
for booking. Donovan Cameron -Ray was charged with Promoting a Dangerous Drugs 15` (2016-
05445), Promoting a Harmful Drug ls` (2016 - 05451) and two counts Drug Para (2016 -05450 and
2016 - 05452)
II. MEETINGS/TRAINING
• Nine Officers attended HI LInX training
• One Officer attended the FBI Honolulu Crisis Negotiation Training on Oahu
• Five Officers attended ICS 300 training
• Five Officers attended ICS 400 training
• One Officer assisted with recruit firearms training
• Two Officers attended conducting proper workplace investigations training
• One Officer attended the Hawaii Prosecuting Attorney Association Training
(Search Warrants, Tracer Warrants, Beeper Warrants, Cell Phone Warrants, Cell
Phone Tower Warrants) on Maui
III. COMMUNITY ACTIVITIES AND INVOLVEMENT
• One Officer assisted with the Saint Catherine's School Carnival Fundraiser
• One Officer helped with the youth group at New Hope Kauai Church on two
Sundays.
• One Officer assisted with Island School Prom.
Page 2 of 3
Submitted by:
KENNETH Ct<RVALHO
Acting Lieutenant
06/03/2016
01104
ISB
1700 hours
Page 3 of 3
Bench Warrant Tracking
2016
All Outstanding
Warrants
Records
Outstanding
Month Intake
(Active)
Felony
Misdemeanor
January 123
1311
154
1157
February 77
1232
158
1074
March 192
1241
147
1094
April 180
1257
158
1099
May 185
1242
143
1099
June
July
August
September
October
November
December
Year Total 757
6283
760 5523
Records Intake shows the total number of Warrants received for each month. Outstanding shows the
total number of Active Warrants currently in KPD Records Management System plus a -bench warrants.
PATROL SERVICES BUREAU
MONTHLY ACTIVITY REPORT
May 2016
I
I
i ARRESTS 279 i
! A. FELONY 62 !
i B. MISDEMEANOR 209 i
! Co DUI 8 !
! !
I
I I
i LEGAL SERVICE 132 i
! EBENCH WARRANT 27 '.
Revised 06/01/2011
MONTHLY TRAFFIC REPORT
MAY 2016
TRAFFIC
COLLISIONS
VIOLATIONS
FATAL
FAXAL INJURV�
SEAT
DISTRICT
COUNT
T /CS T /CS
MOVE j
PART{
MISC
BELT
TOTAL
LIHUE
0
0
4
96
53
88
141
i
251
WAIMEA
1
1
2
60
51
57
2 ,
124
IZ ®LOA
0
0
3
1301
30
54
14
228
KAWAIHAU
0
0
8
150!
19
147
17
333
HANALEI
ol
0
31
20,
1261
i
34
2
182
TOTAL
1
1
20
456!
2331
380
49
1118
TOTAL
YEAR
5
5'
106
3391
11161
2072
289
6868
MONTH
PREV YR.
0
0
24
741
2031
733
76
1753
TO DATE
PREY YR
1
1 t
139
4013
963
3457
436
8869
Community Oriented Policing Report
Traffic Safety Section
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF, OFFICE OF THE CHIEF
ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PSB
SCOTT K. BREDE, ACTING CAPTAIN, PSB f:fb g -/r7 to , 3. ,p
FROM: JASON OVERMYER, A/LIEUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
I. ENFORCEMENT EFFORTS
Platoon
Parking
Misc.
Seatbelt
Moving
TOTAL,
OVUM
Traffic Section
0
13
20
37
70
0
TOTALS
0
13
20
37
70
0
US SPECL41OPERATIONS
A. 5/19 —Traffic Safety Section conducted a night seat belt enforcement project.
B. 5/23 — Traffic Safety Section assisted ISB with a plane crash at Burns Field.
HIS MEETINGS /TRAININGS
A. 5/1 -6 — Traffic Safety Section was assigned to the 88th Recruit class. Training topics
include;
• ADLRO/Intoxilyzer
• Car Seat
• Review
B. 5/6 — Traffic Commander attended an E- Citation Committee meeting on Oahu.
C. 5/6 — Traffic Safety Section had a case conference meeting with OPA.
Page 1 of 2
i
D. 5/19 — Traffic Commander attended a Traffic Records Coordinating Committee
meeting on Oahu.
E. 5/23 — Traffic Commander attended a Workplace Violence Training,
F. 5/23 -34 —Traffic Sergeant and TSS Officer Himongala attended a DRE in- service
training on Oahu.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. 5/12 — Traffic Safety Section hosted an event for the JPO's at the Kauai Marriott.
Submitted by:
Jason Ovtfiiyer K -209
A/Lieutenant Lihue
6/03/16 1000 hours
i
Page 2 of 2
Community Oriented Policing Report
Lihue District
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE
ROY A. ASHER, ASSISTANT CHIEF, PSB
SCOTT K. BREDE, ACTING CAPTAIN, PSB ft K- anti l bb5-
FROM: KENNISON L. NAGAHISA, LIEUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
I. ENFORCEMENT EFFORTS
Squad
Parkin
Misc.
Seatbelt
Moving
OVUII
I
5
18
0
19
0
II
13
47
5
48
1
III
35
52
1
57
1
TOTALS
53
117
6
124
1 2
He SPECIAL OPERATIONS
A. 5/23 - Plt. 2: Operation "Slow Down, Don't Drown" Speed Enforcement Project
B. 5/25 - Plt. 2: Operation "Buckle Up, Don't Fly out the Window" Seatbelt
Enforcement Project
C. 5/26 - Plt. 2: Operation "No Excuses, Buckle Up" Seatbelt and Speed
Enforcement Project.
III. MEETINGS
Mass briefings continued throughout the month of May.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. 5/07 - Plt. 2: Officers assisted with the set up and break down at a March of
Dimes event at Lydgate Park. One of the Officers son's was named the
Ambassador of the March of Dimes.
B. 5/15 - Plt 2: An Officer participated with the Cub Scouts Pack 148 graduation.
C. Plt. 2: For the month of May, an Officer volunteered with the Lihue Baseball
League as a Coach in the Mustang Division.
Page 1 of 2
V. INDIVIDUAL PERFORMACE
A. 5/21 - Plt. 3:
Officers executed
a Search Warrant on
a vehicle that resulted in
the recovery
of drugs and drug
paraphernalia.
B. 5/26 — Plt. 3:
An Officer executed a Search Warrant
on a bag that resulted in the
recovery of stolen
property.
C. 5/27 — Plt. 3:
Officers executed
a Search Warrant on
a vehicle that resulted in
the recovery
of drugs and drug
paraphernalia.
Submitted for your review and approval:
Kennison agahisa K -107
Lieutenant Lihue
06 -07 -16 1015hrs
Page 2 of 2
i
t
I.
t
I
i
is
f
Community Oriented Policing Report
WAIMEA District
TO: DARRYL D. PERRY, CHIEF OF POLICE
MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE
VIA: ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PSB
SCOTT K. BREDE, CAPTAIN, PSB `dm K�wlot 4/14/4' IV#
FROM: TRENT SHIMABUKURO, LIEUTENANT, PSB, WAIMEA
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY 2016
I. ENFORCEMENT EFFORTS
Platoon
Parking
Misc.
Seatbelt
Moving
OVUII
I
6
25
5
53
11
8
41
3
44
III
28
42
9
87
TOTALS
42
108
17
184
II. SPECIAL OPERATIONS
A. Platoon 2 conducted an OVUII Checkpoint on May 5, 2016
which was Cinco De Mayo.
III. MEETINGS
A. May 20, 2016 an invitation was extended and accepted to
attend a 1 hour class on Terrorism at the Marriott
Hotel.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. Three Officers volunteer as coaches for Youth Basketball
and Girls Softball
Page 1 of 2
I
...........................
Submitted by:
`irent Shimabukuro
Lieutenant
060816
..... ... : .... :.. .........,........ , .... =-- .....- ............
K -104
Waimea
1000 Hrs,
Page 2 of 2
i
i
i�-
i
i
Community Oriented Policing Report
Kawaihau District
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE
ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PSB
SCOTT K. BREDE, A/CAPTAIN, PSB Oinr- ►cI qi /►e 1�4
FROM: SCOTT K. KAUI, LIEUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY, 2016
I. ENFORCEMENT EFFORTS
Platoon
Parking
Misc.
Seatbelt
Moving
OVUII
I
20
39
1
30
j
I
Community Oriented Policing Report
Kawaihau District
TO: DARRYL D. PERRY, CHIEF OF POLICE
VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE
ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PSB
SCOTT K. BREDE, A/CAPTAIN, PSB Oinr- ►cI qi /►e 1�4
FROM: SCOTT K. KAUI, LIEUTENANT, PSB
SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR MAY, 2016
I. ENFORCEMENT EFFORTS
Platoon
Parking
Misc.
Seatbelt
Moving
OVUII
I
20
39
1
30
0
II
50.
46
1
29
6
III
68
56
3
50
0
TOTALS
1 138
1 141
5
109
6
II. SPECIAL OPERATIONS
A: Operation "Cinco De Mayo, an OVUII" road block was held on May 5�h, 2016 in the
Kawaihau District fronting Pono Kai. Between the hours of 2300 -0100, officers
screened numerous cars and as a result, several citations were issued and 1 person was
arrested for OVUII.
B. Throughout the month of May, Officers utilized our newly acquired ATV to patrol the
bike path due to reported criminal activity along the path its rest areas. On one
occasion the ATV was instrumental in immediately apprehending a suspect who had
tagged several areas on the path with spray paint. These path patrols will continue as
time allows.
III. MEETINGS
Mass Briefings on Tuesday and Fridays still Occurring.
IV. COMMUNITY ACTIVITIES AND INVOLVEMENT
A. Several Officers are still volunteering their time with KPAL and the Kauai Humane
Society,
Page 1 of 2
Submitted by:
Scott KLKaui K411
Lieutenant Kawaihau
06 -03 -2016 1029 hrs
Page 2 of 2
i
t.
i�
i
Submitted by:
Scott KLKaui K411
Lieutenant Kawaihau
06 -03 -2016 1029 hrs
Page 2 of 2
i
t.
i�
Hawaii
State
Law
Enforcement
Officials
Association
3990 Kaana Street, Suite 200, Uhue, Hawaii 96766
(808) 2414600
May 25, 2016
Dear HSLEOA Member:
The Kauai Police Department is honored to be hosting the 63`d Annual Hawaii State Law
Enforcement Officials Association ( HSLEOA) Conference. You and your staff are cordially
invited to attend this year's conference at the luxurious Grand Hyatt Kauai Resort & Spa in
Poipu, September 7 -9, 2016.
The theme of this year's conference is "Marijuana Dispensaries and Legalization; Lessons
Learned from Colorado ". The theme will focus on how Marijuana has affected life in Colorado
since it was legalized in 2014. Our keynote speakers are Assistant Attorney General Michael
Song of the Office of the Colorado Attorney General, Intelligence Analyst Kevin Wong of the
Rocky Mountain HIDTA, Commander Michael Calo of the Denver Police Department, and Pat
Witcher of Buddy Boy Brands. A tentative conference agenda is enclosed.
The conference registration fee is $320.00 and membership dues are $30.00. Please complete
and return the enclosed HSLEOA Conference Registration form by July 29, 2016. Checks
should be made payable to the Hawaii State Law Enforcement Officials Association.
To take advantage of the special HSLEOA Conference hotel room rate of $199.00 plus tax, per
night, please make your reservations on -line with the Grand Hyatt Kauai Resort & Spa at
https : / /resweb.passkey.com/go /HSLEOA16 or by calling (888) 421 -1442 by August 5, 2016.
The special room rate will be available three days before and three days after the conference
dates.
Information on golf and other activities have also been enclosed.
Should you have any questions, please contact Gayle Kuboyama at (808) 241 -1603 or by email
to gkuboyama@kauai.gov.
Sincerely,
DARRYL D. PERRY
President
HSLEOA 2016 Conference Agenda
Wednesday. September 7. 2016
0700-
0900
Registration and Breakfast
0900-
0930
Opening Ceremony
0930-
1230
Guest Speaker
1230-
1330
Lunch
1330-
1630
Guest Speakers
1630
Closing
1730
Networking Session
Thursday, September 8. 2016
0700-
0900
0800
0900-
0800
1000
0900
-1230
1230 -1330
1730
1330-1630
1630
1730
Friday,
September 9, 2016
0700-
0900
0900-
1000
1000
-1100
1100
1730
Breakfast
HSLEOA Executive Committee Meeting
Police Commissioners' Meeting
Guest Speaker
Lunch
Guest Speaker
Closing
Networking Session
Breakfast
Guest Speaker
Discussion Panel
Closing
Awards Banquet
Hawaii
State
Law
Enforcement
Officials
Association
2016 HSLEOA CONFERENCE REGISTRATION FORM
MARIJUANA DISPENSARIES AND LEGALIZATION: LESSONS LEARNED FROM COLORADO
Grand Hyatt Kauai Resort & Spa
September 7 -- 9, 2016
Name:
Last
Title:
Address:
Business phone:
Email Address:
First
Middle Initial
Agency:
Cellular phone:
Name of Spouse or Guest:
DESCRIPTION
NUMBER
ATTENDING
COST
PER
PERSON
AMOUNT
DUE
HSLEOA Annual Dues ($30.00) and 2016 Conference
Registration Fee $320.00 by July 29, 2016
$350.00
HSLEOA Annual Dues ($30.00) and 2016 Conference
Registration Fee $350.00 after July 29, 2016
380.00
Spouse or Guest:
Continental Breakfast: Wednesday, September 7th
28.00
Lunch, Wednesday: September 7'
40.00
Buffet Breakfast: Thursday, September 8`b
37.00
Lunch: Thursday, September 8'
40.00
Breakfast: Friday, September 9'
34.00
Banquet o Host Cocktails), Friday, September 9th
71.00
Total Amount Enclosed
If you require transportation between the airport and hotel, please provide the following information:
Date:
Date:
Arrival time:
Departure time:
Flight #:
Flight #:
Checks should be made payable to: Hawaii State Law Enforcement Officials Association. Mail form
and payment by July 29, 2016 to: HSLEOA
c/o Kauai Police Department
3990 Kaana Street, Suite 200
Lihue, HI 96766
Name:
Agency:
Telephone:
Hawaii
State
Law
Enforcement
Officials
Association
2016 HSLEOA CONFERENCE GOLF REGISTRATION
POIPU BAY GOLF COURSE
Friday, September 9, 2016, 12:00 p.m.
Check -in will be at 11:45 a.m.
We invite you to participate in the 2016 HSLEOA golf event
Handicap:
Cell:
If you would like to reserve your own foursome for the 2016 HSLEOA golf event,
please list your foursome's information below:
1.
(Self)
2.
3.
4.
Handicap:
Handicap:
Handicap:
Handicap:
Transportation between the hotel and golf course will be provided
Registration form and payment (includes green fee, cart and lunch) are due by
July 29, 2016: $50.00 x = $
Checks should be made payable to:
Hawaii State Law Enforcement Officials Association
Should you have any questions regarding golf registration, please contact
Richard Rosa at (808) 241 -1635 or by email to rrosa@kauai.go_v.
ACTIVITIES
Outfitters Kauai:
Contact: Ce at #645 -6236 or by email to ce outfitterskauai.com
Beginners: "Lele Eono" Zipline Package
High velocity smiles... enough thrills for your whole vacation in just 4 hours
• 6 zips total • 4 tandem • 3 suspension bridges and short hikes:
• See the famed Kipu Ranch, site of Jurassic Park • Ziplines range from 300'- 1000', no
swimming, over a mile of flying • Bottled water and fresh cookies included
0800 hours and 1300 hours
Prices: $118.00 Adults
$108.00 Children
Advanced: "Kahuna" Zipline Package
Zip. Roar. Splash! Jump straight into the big league on Kauai's newest
and most exciting zipline adventure • Less than three hours • Fly well over
a mile on 6 zips including Kauai's only water zip • ride upside down,
backwards, or just strike a pose on our one -of -a -kind 1800' center
dismount zip • waterfalls • suspension bridges • swimming at the amazing
Bamboo Pool • spectacular mountain and ocean views
0830 hours & 1300 hours
Prices: $128.00 Adults
$118.00 Children
A 20% discount is being offered on the above prices. Shuttle Available.
Kauai ATV Tours and Kauai Bass Fishin_g:
Telephone #742 -2734
20 % off for Kamaaina and Groups
ORDINANCE NO 931 BILL NO. 2435, Draft 2
A BILL FOR AN ORDINANCE
TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED,
BY ESTABLISHING A NEW ARTICLE RELATING TO ALARM SYSTEMS
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE
OF HAWAII:
SECTION 1. Chapter 22, Kauai County Code 1987, as amended, is
hereby amended by establishing a new Article to be appropriately designated, and to
read as follows:
Sec.
22-
.1
Sec.
22-
2
Sec.
22-
.3
Sec.
22-
.4
Sec.
22-..5
Sec.
22-..6
Sec.
22-
.7
Sec.
22-
.8
Sec.
22-..9
Sec.
22-
.10
Sec.
22-
.11
Sec.
22-.,12
"ARTICLE _. ALARM SYSTEMS
Purpose and Intent
Definitions.
Alarm User Permits Required.
Multiple Alarm Systems.
Response to Alarm -- Determination of False Alarm.
Review of False Alarm Determinations,
Service Charge Assessment for False Alarms.
Service Charges And Fees.
Failure to Obtain Permit for Alarm System — Service Charge.
Deposit of Fees, Charges, and Fines in Special Account.
Annual Report.
Government Immunity.
Section. 22-..1
Purpose and Intent.
The vast majority of emergency alarms to which members of the police
department respond are false alarms. Such alarms are often the result of
improper maintenance, faulty equipment, or improper or careless use of an
alarm system. In the interest of protecting health, life, and property, and
preserving the order and security of the County and its inhabitants by using
law enforcement resources effectively and efficiently, the number of false
alarms from business and residential premises must be reduced. The
purpose of this chapter is to reduce the danger and annoyance associated with
false alarms and to encourage business and residential owners to use and
maintain their alarm systems properly.
1
Section 22-.,2
Definitions.
As used in this article, unless the context requires otherwise.
"Activation" of an alarm system means the emission of an audible or
silent alarm or signal generated by an alarm system, including the
transmission of a message by means of an automatic telephone dialer.
"Alarm system" means any single device or assembly of equipment
designed to signal the occurrence of an emergency, including illegal entry or
other activity requiring immediate attention, to which the police department
is expected to respond or does respond, and that emits an audible alarm or
transmits a signal or message, including a telephonic message, when
activated. The term does not include alarms installed in motor vehicles or
fire alarms.
"Alarm system coordinator" means a subordinate designated by the
Chief of Police to administer this article.
"Alarm user" means any person owning or leasing an alarm system,
or on whose premises an alarm system is maintained.
"Chief of Police" means the Chief of Police of the Kauai
Police Department.
"Common cause" means a common technical difficulty or malfunction
which causes an alarm system to generate a series of false alarms.
"Emergency" means (1) an unauthorized entry or attempted
unauthorized entry into a building, place, or premises, excluding any motor
vehicle; or (2) the commission of a crime.
"Emergency service" means any law enforcement, fire, or
medical service.
"False alarm" means any alarm activation that is communicated to an
emergency service but that is not in response to an actual or threatened
criminal act or violation.
"Notice" means written notice, served personally or mailed, addressed
to the person to be notified at the person's last known address. Service of
such notice shall be deemed affected upon completion of personal service or
upon deposit of such notice in the United States mail.
"Permit Holder" means the holder of a permit issued under Section 2.
2
"Person" means an individual, corporation, partnership, trust, limited
liability company, association, organization, or similar entity, but excludes
any agency of the United States, the State of Hawaii, or the County of Kauai.
"Police department" means the Kauai Police Department.
"Service charge" means a charge assessed to a Permit Holder to offset
the County's cost of responding to a False Alarm as set forth in this code.
Section 22 -_.3 Alarm User Permits Required.
(a) Permit Required: No person shall use an alarm system which is
designed to elicit, either directly or indirectly, a police response, without first
obtaining a permit for such alarm system from the Alarm System Coordinator.
(b) Permit Issuance: The permit shall be requested on an
application prescribed by the Chief of Police, or designee. An Alarm User
shall obtain the application from the Alarm System Coordinator, provide the
information requested on the application, and file the application, together
with the applicable fee, with the Alarm System Coordinator. Upon receipt of
a completed application and the fee prescribed in subsection (e), the Alarm
System Coordinator shall issue a Permit to the Alarm User. Permits shall be
valid for one year from the date of issue and shall be renewable on an annual
basis. It shall be the duty of the Permit Holder to renew the permit annually
prior to expiration of the Permit. The Permit Holder shall complete a renewal
form as prescribed by the Alarm System Coordinator and return it, together
with the renewal fee, to the Alarm System Coordinator, who shall renew the
Permit upon receipt of the application and renewal fee. If the Permit Holder
fails to renew the Permit prior to its expiration, the Permit Holder must apply
for a new Permit and pay the fee for a new Permit.
(c) Transfer of Possession of Premises; Non= Transferability of
Permit: When possession of the premises with an alarm system is transferred,
the person obtaining possession of the premises shall apply for a Permit
within 30 days of obtaining possession of the premises. Alarm User permits
are not transferable.
(d) Reporting Updated Information: Whenever the contact
information provided by the applicant on the Permit application changes, the
correct information shall be provided by the Permit Holder to the Alarm
System Coordinator within 30 days of the change. Failure to provide correct
information to the Alarm System Coordinator within 30 days of the change
may result in revocation of the permit.
3
(e) Fees: The fee for a Permit shall be $25. The fee for Permit
renewal shall be $10.
(f) Confidentiality: Completed applications and permits shall be
for recordkeeping purposes only and shall be held confidential to the extent
provided for by State and /or Federal law.
Section 22 -_.4 Multiple Alarm Systems.
If an Alarm User has one or more alarm systems protecting two or more
separate structures having different addresses, a separate Permit shall be
required for each such structure.
Section 22 -_.5 Response to Alarm — Determination of False Alarm.
(a) Police Response: Whenever an alarm system is activated which
results in a response by the Police Department, the responding police officer
shall inspect the area and determine whether an actual or threatened criminal
act or violation existed at the time of the system's activation, and if not,
determine whether the alarm was a false alarm.
(b) Notification: If the police officer at the scene of the activated
alarm system determines the alarm to be false, the police officer shall make a
report of the False Alarm. The Permit Holder or, if there is no Permit, the
owner of the premises as appearing in the tax rolls of the County, shall be
notified in writing, by the Alarm System Coordinator, of each False Alarm
determination. Notice shall be made personally, by mail, or by posting in a
prominent location at the premises where the False Alarm occurred.
Section. 22 -_.6 Review of False Alarm Determinations.
(a) The Alarm System Coordinator shall, upon request from a Permit
Holder, review the determination by a responding Police Officer that an alarm
was false. The review shall be conducted by the Alarm System Coordinator
only if the Permit Holder requests the review in writing within 10 days of the
date on which the false alarm determination was mailed to or received by the
Permit Holder. The written request for review of a false alarm determination
shall include the following information:
(1) The Permit Holder's name and mailing address;
(2) Address of the premises at which the alarm system
is installed;
(3) The date of the alarm being contested;
H
(4) The permit number for the alarm system; and
(5) The basis for the request for review.
(b) The Alarm System Coordinator shall make a determination on
the Permit Holder's request for review and shall, within seven days thereafter,
mail written notice of the Coordinator's determination to the Permit Holder at
the address supplied in the request for review.
Section 22 -_.7 Service Charge Assessment for False Alarms.
(a) A charge assessed pursuant to this section shall be considered an
obligation owed by the Permit Holder to the County of Kauai and shall be
payable within 30 days from the date of receipt of the assessment notice.
(b) (1) A Permit Holder who installs a new Alarm System or
reinstalls an alarm system shall not be subject to a False Alarm
determination for a period of 30 days from the date of issuance of the
Permit. An alarm user who obtains a Permit for an alarm system
already in operation on the effective date of ordinance shall not be
subject to a False alarm determination for the 30 -day period
immediately following issuance of the Permit.
(c) A series of false alarms generated by an alarm system, for which
a permit has been issued under this article, as a result of a Common Cause
within any 48 -hour period shall be considered a single occurrence of a False
Alarm, provided that:
(1) Repairs to the Alarm System to eliminate the Common
Cause are made before the Alarm System generates additional false
alarms after the 48 -hour period;
(2) The Alarm User provides documentation of the repairs to
the Alarm System Coordinator; and
(3) No additional false alarms are generated as a result of the
Common Cause within the 30 -day period immediately following the
completion of repairs.
(d) A service charge shall not be assessed for the first or second false
alarms activated from any premises within a 12 -month period immediately
following issuance of a new permit. The third false alarm and all false alarms
thereafter activated from any premises shall cause the Permit Holder to be
assessed a service charge of $150 per occurrence.
5
Section 22 -_.8 Service Charges and Fees.
New Permit Fee $25
Renewal Fee $10
Service Charge — 1st and 2nd False Alarm $0
Service Charge — 3rd False Alarm (and subsequent) $150
Operation of a Non - Registered Alarm System $100
Section 22 -_.9 Failure to Obtain Permit for Alarm System — Service
Charge.
Persons operating an alarm system without obtaining a permit shall be
assessed a service charge of $100 for each false alarm incident.
Section 22 -_.10 Deposit of Fees, Charges, and Fines in Special Account.
All moneys collected from fees, charges and fines required by this article
shall be deposited in a special account in the general fund and shall be used for
the administration and enforcement of this Article.
Section 22 -_.11 Annual Report.
No later than 30 days following the first and second anniversary of the
effective date of this ordinance, the Chief of Police shall submit to the Council
and the County Clerk a report of the Police Department's activities under this
Article, which shall include at least the following:
(a) A breakdown of general fund and special account resources
assigned to or expended on the administration of this article;
(b) An accounting of the number of permits issued;
(c) An accounting of the number of false alarms by category (first,
second, third, etc.; residential or commercial, etc.);
(d)
An accounting
of
the number
of false alarm determinations
appealed
and reviewed, and
the
disposition of
those reviews;
(e) An accounting of the permit fees received;
(f) An accounting of the service charges assessed and paid; and
(g) An accounting of the number of violations /citations for failure to
obtain a required permit.
0
Section 22 -_.12 Government Immunity.
The following language shall be included on all Permit application and
renewal forms:
Alarm Registration is not intended to, nor will it, create a contract, duty
or obligation, either expressed or implied, of response. Any and all liability
and consequential damage resulting from the failure to respond to a
notification is hereby disclaimed and governmental immunity as provided by
law is retained. By applying for an Alarm Permit, the Permit Holder
acknowledges that law enforcement response may be influenced by factors
such as: the availability of police units, priority of calls, weather conditions,
traffic conditions, emergency conditions, staffing levels, and prior
response history."
SECTION 2. If any provision of this ordinance or the application thereof
to any person, persons, or circumstances is held invalid, the invalidity does not affect
the other provisions or applications of the ordinance which can be given effect
without the invalid provision or application, and to this end, the provisions of this
ordinance are severable.
SECTION 3. This Ordinance shall take effect six (6) months after
its approval.
DATE OF INTRODUCTION:
May 9, 2012
Liihu`e, Kauai, Hawaii
V: \BILLS \2010 -2012 term \2435d2.docx /gg
INTRODUCED BY:
7
/s/ MEL RAPOZO
(By Request)
CERTIFICATE OF THE COUNTY CLERK
I hereby certify that heretofore attached is a true and correct copy of Bill
No. 2435, Draft 2, which was adopted on second and final reading by the Council of the
County of Kauai at its meeting held on August 8, 2012, by the following vote:
FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, Rapozo,
Yukimura, Furfaro TOTAL — 71
AGAINST ADOPTION: None TOTAL — 01
EXCUSED & NOT VOTING: None TOTAL — 01
Lihu`e, Hawaii
August 8, 2012
ATTEST:
Jay
�ti .�v
Ricky Watanabe
County Clerk, County of Kauai
DATE OF TRANSMITTAL TO MAYOR:
August 13, 2012
Mayor
County of Kauai
'12 AUG 23 A9 -56
THE C
COUNT