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HomeMy WebLinkAbout08-10-16 Special Open Session Meeting ApprovedCOUNTY OF KAUAI Minutes of Meeting Special Meeting Open Session Board /Committee: Kauai Police Commission Meeting Date August 10, 2016 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting2:07 p.m. End of Meeting: 2:28 p.m. Present Vice Chair Mary K. Hertog; Members: Savita Agarwal, Catherine Adams, Gerald (Chip) Bahouth and Donald (Moki) Okami Sr. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo and Deputy County Attorney Peter Morimoto. Excused Absent SUBJECT DISCUSSION ACTION Call To Order At 2:07 p.m. Vice Chair Hertog called the meeting to order with five (5) member's present constituting a quorum. Public There were no public testimony. Testimony ES KPC Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2), (4), the purpose At 2:10 p.m. Vice Chair Hertog cited the 2016 -015 of this Executive Session is to consider a request for legal representation be Hawaii Revised Statues to bring the meeting provided by the Kauai County Attorney's Office to Chief of Police Darryl into Executive Session, D. Perry, Deputy Chief of Police Michael M. Contrades and Assistant Chief of Police Roy A. Asher, in both their individual and professional capacities as it relates to Civil No. CV16 -00350 filed in the United States District Court for the District of Hawaii against the County of Kauai, Kauai Police Department, Police Chief Darryl D. Perry, Deputy Chief of Police Michael M. Contrades, Assistant Chief of Police Roy A. Asher; and DOE Defendants 1 -100. This consultation involves consideration of powers, duties, privileges, immunities and /or liabilities of the Police Commission as the may relate to this agenda item. ES KPC Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4) and (8), the 2016 -016 purpose of the Executive Session is for the Commission to consult with its attorney as to the powers, duties, privileges, immunities, and /or liabilities as they may relate to a request for assistance from Chief of Police Darryl D. Special Meeting Open Session Meeting Minutes of August 10, 2016 Page 2 SUBJECT DISCUSSION ACTION Perry to have documents and materials associated with his suspension removed from his personnel file and to be reimbursed for attorney's fees and out -of- pocket expenses. Announcements Vice Chair Hertog announced the next regular meeting is scheduled for Friday, August 26, 2016 at 9:00 a.m. at the Mo'ikeha Building in Meeting Room 2A /2B. Executive Session to follow. Vice Chair Hertog called for a motion to enter into Executive Session. Commissioner Adams moved to enter into Executive Session. Commissioner Agarwal seconded the motion. Motion carried 5:0 At 2:11 p.m. the Commission entered into Executive Session. Return Into At 2:28 p.m. the Commission reconvened in Open Session. Vice Chair Commissioner Adams moved to ratify the Open Session to called for the motion to ratify the actions taken in Executive Session. actions taken into Executive Session. ratify the actions Commissioner Agarwal seconded the motion. taken in Motion carried 4:0 Executive Session ES KPC 2016 -015: By roll call vote the motion carried 4:0 to grant legal representation for Chief of Police Darryl Perry, Deputy Chief of Police Michael Contrades and Assistant Chief Roy Asher as it relates to Civil No. CV16- 00350. ES KPC 2016 -016: By a roll call vote the motion carried 4:0 to defer the item to the next regular meeting on August 26, 2016. Adjournment At 2:28 p.m. Vice Chair Hertog declared the meeting adjourned. Special Meeting Open Session Meeting Minutes of August 10, 2016 Submitted by: Mercedes Omo, Staff Support Clerk (X) Approved as circulated on August 26, 2016 ( ) Approved as amended. See minutes of Um meeting. Reviewed and Approved by: Mary K. Hertog, Vice Chair