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Home My WebLink About08-26-16 Agenda PacketCharles C.C. Iona Chair Mary K. Hertog Vice Chair COUNTY OF KAUA'I POLICE COMMISSION NOTICE OF MEETING AND AGENDA Friday, August 26 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 July 22, 2016 • Special Open Session Meeting Minutes of August 10, 2016 Members: Savita Agarwal Catherine Adams Gerald (Chip) Bahouth Kevin Mince Donald (Moki) Okami Sr. 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 decision - making on identifying and proposing substantive and non - substantive changes to the Police Commission Rules of Administrative Practice and Procedure. KPC 2016 -09: Discussion on modifying the Chief of Police job description. The Kama `i County is an Equal Opportunity Employer KPC 2016 -10: Communication dated August 8, 2016 from Ms. Janet Mello requesting agenda time to speak about an article written in the Garden Island Newspaper pertaining to her son Jesse Olanolan, KPC 2016 -11: Copy of the Hawaii Police Commission regular session minutes of June 17, 2016 ANNOUNCEMENTS • Next regularly scheduled monthly meeting - Friday, September 23, 2016, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B, followed by Executive Session, EXECUTIVE SESSION ES KPC 2016 -016: Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4) and (8), the 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. 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. (Deferred on August 10, 2016) ES KPC 2016 -018: 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 July 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. Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is for the Commission to consider charges brought against an officer or employee in the Kauai Police Department, 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 2016 -019 New complaint KPC 2016 -004 received on July 18, 2016. The complainant alleges that an officer in the County was rude, condescending and lacked professionalism by not greeting or identifying himself at any point during the traffic stop. ES KPC 2016 -020: New complaint KPC 2016 -005 received on July 21, 2016. The complainant alleges that two detectives in the County conducted a wrongful and coercive interrogation which resulted in the subsequent wrongful arrest of the complainant. Kauai Police Commission — Friday, August 26, 2016 ES KPC 2016 -021: New non - notarized complaint KPC 2016 -006 received on August 2, 2016. The complainant alleges that officers in the County used excessive and unnecessary use of force while detaining the complainant. ES KPC 2016 -022: Discussion on the restrictions and legalities of providing certain confidential information relating to the disposition of all KPD internal investigated complaints as mandated by the Hawaii Revised Statutes and S.H.O.P.O union. ES KPC 2016 -023: Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is for the Commission discuss the Annual Perfonnance Evaluation for the Chief of Police, where consideration of matters affecting privacy will be involved; provided that if the Chief requests an open meeting, an open meeting shall be held. And to consult with attorney as to the powers, duties, privileges, immunities, and /or liabilities as they may relate to this agenda item. • Selection of a minimum of eight (8) stakeholders RETURN TO OPEN SESSION Ratify the actions taken by Police Commission in Executive Session for the following agenda items: ES KPC 2016 -016, ES KPC 2016 -018, ES KPC 2016 -019, ES KPC 2016 -020. ES KPC 2016 -0215 ES KPC 2016 -022 and ES KPC 2016 -023, 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 Peter Morimoto Chief of Police Darryl Perry Kauai Police Commission — Friday, August 26, 2016 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 Uhu`e, Hawaii 96766 E -Mail: rnromo6Dkauai. gov Phone: (808) 241 -4920 Facsimile: (808) 241 -5127. SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 4920 at least five (5) working days prior to the meeting. Kauai Police Commission — Friday, August 26, 2016 COUNTY OF KAUAI ..,.r+ Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date July 22, 2016 Location Mo'ikeha Building — Meeting Room 2A/13 Start of Meeting: 9:00 a.m. End of Meeting: 11:14 a.m. Present Chair Charles C.C. Iona; Vice -Chair Mary K. Hertog: Commissioners: Catherine Adams, Gerald (Chip) Bahouth and Kevin Mince Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Jay Furfaro; Deputy County Attorney Peter Morimoto; Police Department: Chief of Police Darryl Perry; Deputy Chief of Police Michael Contrades; Captain Richard Rosa Public Testimony: Ms. Alice Parker speaking on Patrol Services Bureau of the Chief's Monthly Reports Excused Commissioner Savita Agarwal and Donald (Moki) Okaini Sr. Absent SUBJECT DISCUSSION ACTION Call To Order Chair Iona called the meeting to order at 9:00 a.m. with five (5) Commissioners present constituting a quorum. Chair Iona introduced Deputy County Attorney Peter Morimoto to Police Commission. He informed the Commission that Attorney Morimoto is taking the place of Deputy County Attorney Mahealani Krafft who has been reassigned to the Department of Water Board. Public The Commission received testimony from Ms. Alice Parker. Ms. Parker testified Testimony that the public needs to be educated on the proper way to act during a traffic stop. She stated that when stopped by an officer, the motorist should place their hands on top of the steering wheel and wait for further instructions from the officer. Also, the motorist needs to inform the officer where their license is kept, and if carrying a weapon, the motorist should immediately inform the officer where the gun is and make no sudden moves. Chair Iona noted for the record that, Ms. Parker's testimony pertains to the Patrol Services Bureau Traffic Reports. Kauai Police Commission Regular Open Session Minutes of July 22, 2016 I' SUBJECT i DISCUSSION ACTION Approval of Chair Iona asked if there were any corrections to the meeting minutes, and if Minutes for June there's none, he would like to call for a motion to approve the meeting 24, 2016. minutes. Commissioner Mince stated that he spoke to Assistant Chief Roy Asher to verify whether there were two separate roadblocks and his response was that there was only one roadblock for incoming and outgoing traffic. He asked that on Page 5 of the meeting minutes be amended to reflect that there was only one roadblock set -up and not another roadblock. Commissioner Adams noted that if you change the word "another" to "the" it would clarify that there was only one roadblock and not two separate roadblocks. Commissioner Mince stated that at the last Commission meeting, he realized that his tone of questioning may have come across as being crossed examined like and even accusatory, and for that he would like to apologize because that was not his intention; he was just trying to elicit the information. Staff acknowledged Commissioner's Adam and Mince corrections and would make the necessary changes to the meeting minutes. With no further corrections to the meeting minutes, Chair Iona called for the motion to approve the meeting minutes as amended. Coirunissioner Adams moved to approve the meeting minutes as amended. Commissioner Bahouth seconded. Motion carried 5:0 Kauai Police Commission Regular Open Session Minutes of July 22, 2016 Page 3 SUBJECT DISCUSSION ACTION Officer of the On Friday, May 27, 2016, Officer Graham was dispatched to the bus stop Month for July fronting the Princeville Shopping Center, where he observed a finale and a Richard Graham female exiting the bus and appeared to be yelling at each other and clearly Nominated by. intoxicated. When approaching the subjects to access the situation, the male Sergeant Shane subject turned to Officer Graham and attempted to push him. While trying to Sokei arrest the man, his female companion began to attack Officer Graham by punching him repeatedly in the head. Even while being attacked Officer Graham maintained his composure and was able to gain control of both subjects and take them into custody. What could have ended in a grave situation resulted in a successful arrest. In recognition of his outstanding actions, Chief Perry presented Officer Richard Graham with a Certificate of Exemplary Service. Vice Chair Hertog commended Officer Graham for showing such remarkable restraint and composure. Commissioner Mince asked with the recent incidents involving people on the mainland in which some police officers (at times) would resort to the use of their firearms as the weapon of first choice rather, than the last choice, asking what went through his mind in terms of how he was going to deal with the situation and why didn't he go directly to his firearm. Officer Graham replied that his training played a major role on he handled the situation and that he already knew in his mind that he was going to overcome the situation without having to use his firearm. Chiefs Monthly 1. Administrative and Technical Bureau — recruitment, records section, Reports training and bench warrant tracking reports and legal documents process reports. 2. Fiscal Report 3. Investigative Bureau Reports Kauai Police Commission Regular Open Session Minutes of July 22, 2016 SUBJECT DISCUSSION ACTION 4. Patrol Services and Traffic Reports 5. Community Oriented Reports 6. Chief's announcements and pertinent updates Chief Perry asked Assistant Chief Roy Asher to explain the basic principles for conducting a safe traffic stop. A/C Asher explained that the basic principles for conducting a safe traffic stop begins with the officer flashing his blue lights, and if need be, sound the siren. He further explained that in all cases, the police officer would try to get the motorist to go to an area where it's safe for both the motorist and the officer. The next step is to approach the motorist from behind to give the officer a chance to check out the interior of the car to see if there's a weapon in the car. The next step is to ask the motorist to provide the proper papers. He added that he agrees with Ms. Parker that placing both of hands on the car's steering wheel is the proper thing to do and what the officer would like to see. Chair Iona asked what happens if the motorist identifies that they have a weapon in the car to which A/C Asher replied, that state of Hawaii does not have a concealed weapon carry or open carry law, so they shouldn't have a weapon in their car, but if there is one it should be kept in the trunk of the car where it's not reachable. Vice Chair Hertog stated that there seems to be a significant increase in the number of sexual assault cases reported for last month and this month, asking if that is something that the department keeps track of since the increase is due to the victims feeling comfortable enough to report that they were sexually assaulted. Chief Perry stated that the department keeps track of all reported sexual assault cases, and although there is an increase in sexual assault cases reported, he's positive that there are a number of unreported cases out there as well. Kauai Police Commission Regular Open Session Minutes of July 22, 2016 Page 5 SUBJECT DISCUSSION ACTION Chief's announcements and pertinent updates • The Kauai Police Department held its 871h Police Recruit graduation ceremony last month at the Kauai Community College Performing Arts Center. • The Kauai Police Activities League held its I" Annual Hammerhead Sprint Triathlon on July 17, 2016. • SHOPO union contract negotiations are still on -going Business KPC Discussion and decision - making on identifying and proposing substantive and non - substantive changes to the Police Commission Rules of Administrative 2016 -06 and Practice and Procedure. (On- going) Vice Chair Hertog stated that the final draft is eighty percent complete and if any of the Commissioners have any additional comments or suggestions to make, today would be the day to give it to either herself or Commissioner Mince so they can continue to finalize the document before sending it the County Attorney and the Chief for one final review. Commissioner Mince stated that he understands that the discussion regarding disciplinary for the Chief of Police must done in executive session, asking once the decision has been made would it be inserted into the rules to which Vice Chair Hertog replied, yes. With no further discussion, Chair Iona thanked everyone especially Vice Chair Hertog and Commissioner Mince for doing a great job on updating the rules. Kauai Police Commission Regular Open Session Minutes of July 22, 2016 SUBJECT DISCUSSION ACTION Announcements Chair Iona announced the next regular meeting is scheduled for Friday, August 26, 2016, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Executive Session to follow. Executive Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (1 -4) and At 9:25 a.m. Vice Chair Hertog cited the HRS Session (b), the purpose of this Executive Session is for the Commission to approve to bring the meeting into Executive Session. the Executive Session minutes of June 24, 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) (1), (2), (4) and (5), the 015 purpose of this Executive Session is to consider a request for legal representation be provided by the Kauai County Attorney's Office to Chief of Police Darryl 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. CV 16 -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 2016- Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4) (8), the purpose 016 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. Perry to have documents and materials associated with his suspension removed from his personnel file, and other related matters. ES KPC 2016- Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose 017 of this Executive Session is for the Commission to consider dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be Kauai Police Commission Regular Open Session Minutes of July 22, 2016 Page 7 SUBJECT DISCUSSION ACTION 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 this agenda item: • Memorandum dated July 11, 2016, from Chief of Police regarding, status on Police Commission notarized complaints and the Kauai Police Department's administrative investigations as of July 6, 2016. Chair Iona called for a motion to enter into Executive Session. At 9:38 a.m. Commissioner Adams moved to enter into Executive Session. Commissioner Bahouth seconded the motion. Motion carried 5:0. Return to Open At 11:13 a.m. the Commission reconvened in Open Session. Commissioner Adams moved to ratify the Session to ratify actions taken in Executive Session on the the actions taken following items: in Executive Session ES -33: Conference call with Attorney Corliss Chang. ES KPC 2016 -014: Motion carried 5:0 to approve the Executive Session minutes of June 26, 2016. ES KPC 2016 -015: With the absence of two (2) Commissioners and the recusal of Chair Iona and Commissioner Mince a quorum could not be ascertained to conduct business Kauai Police Commission Regular Open Session Minutes of July 22, 2016 SUBJECT DISCUSSION ACTION as it relates to this item. A special meeting notice of meeting and agenda will be posted according the Sunshine Law; once a quorum has been ascertained. ES KPC 2016 -016: Motion carried 4:0 to j request from Chief Perry that he provide the documents relating to his suspension. Another motion carried 4:0 to defer the Chief s request for reimbursement to the special meeting, at a time, date to be announced. ES KPC 2016 -017: A request was made by the Commissioners to invite Acting Lieutenant James Miller of the Office of Professional Standards to the next meeting in August. Adjournment Vice Chair Hertog called for a motion to adjourn the meeting. Commissioner Adams moved to adjourn the meeting. Commissioner Bahouth seconded. Motion At 11:13 a.m. At 11:14 a.m. the meeting was adjourned. Submitted by: Mercedes Omo, Staff Support Clerk ( ) Approved as circulated on Reviewed and Approved by: Charles C.C. Iona, Chair Kauai Police Commission Regular Open Session Minutes of July 22, 2016 ( ) Approved as amended. See minutes of meeting. COUNTY OF KAUAI Minutes of Meeting Special Meeting Open Session URA�fT1T1A'ypr,o,jue�J Board /Committee: I Kauai Police Commission Meeting Date August 10, 2016 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting2:07 p.m. I 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. Special Meeting Open Session Meeting Minutes of August 10, 2016 Page 2 SUBJECT DISCUSSION ACTION 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. 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. Special Meeting Open Session Meeting Minutes of August 10, 2016 Page 3 SUBJECT DISCUSSION I ACTION Adjournment At 2:28 p.m. Vice Chair Hertog declared 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: Mary K. Hertog, Vice Chair .ADMINISTRATIVE AND TECHNICAL BUREAU JULY 2016 KPC REPORTS -141T _ �7� KPD RECRUITMENT UPDATE Status as of 08/03/2016 Revised: 7/13/12 Recruitment Status Comments Status for the 881h recruit class. As of this date, 6 candidates have POLICE SERVICES OFFICER been given a conditional job offer. The six will interview with the (88th Recruit Class) psychologist on 09/02/2016. The starting date for the candidates is pending the outcome of their interview with the psychologist, drug screen, and their pre - medical examination. There are 11 candidates pending backgrounds from the July 2016 testing. The Department of Human Resources will be holding another police services officer written exam on Saturday, August 20, 2016. The Kauai Police Department will hold the Physical Readiness Standards Test on Sunday, August 21, 2016. EMERGENCY SERVICES DISPATCHER 3 vacancies. The Department of Human Resources will be administering a written exam for this position on Thursday, August 11, 2016. There are no backgrounds pending at this time for this position. Senior Clerk ( Kapaa Sub - station) 1 vacancy The Department of Human Resources referred 13 names on 06/29/2016. As of this date, 5 candidates have withdrawn, 5 did not respond, and their names were removed from the referred list. 3 candidates are pending backgrounds. BLANK 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) Revised: 7/13/12 Revised: 7/13/12 SCHOOL CROSSING GUARD — No names have been referred. King Kaumuali'i (1 vacancy) Revised: 7/13/12 SCHOOL CROSSING GUARD — No names have been referred Koloa Elementary (1 vacancy) Revised: 7/13/12 I1 Sa KAUAI POLICE DEPARTMENT REPORTING PERIOD Monthly Training Report JULY 2016 The following training assignments were scheduled /conducted during the month JULY2016 No. Order No Start Date End Dat Training Description Personnel: Hours: Total: 1 16- 16049 7/7/2016 7/7/2016 FIREARMS QUALIFICATION 8 8 64 2 16- 16055 6/29/2016 7/1/2016 D.A.R.E. Hawaii 19th Biennial State 3 24 Y2 Training Conference 3 16- 16057 7/27/2016 7/27/2016 "Mastering the Art of Effective Tactical 3 8 24 Communication" 4 16- 16058 7/10/2016 7/15/2016 N.A.S.R.O. Conference 1 48 48 5 16- 16060 7/12/2016 7/15/2016 2016 MAKANI PAHILI EXERCISE 14 24 336 6 16- 16061 7/20/2016 7/20/2016 FBI Child Exploitation Work Group 3 6 18 Meeting 7 16- 16062 7/18/2016 7/22/2016 ALEA (Airbornne Law Enforcement 1 40 40 Association) Conference and 8 16- 16063 7/19/2016 7/19/2016 CUSTOMER SERVICE TRAINING 12 4 48 9 16- 16066 7/18/2016 7/19/2016 TASER User Certification Training 16 16 256 10 16- 16068 7/29/2016 7/29/2016 Crisis Leadership & Decision Making for 1 4 4 Elected & Appointed Officials Totals: Personnel: 62 Instructional Hours: 182 Student Hours: 910 Additional Training: #15 -110 SRT Monthly Training; 184 student hours. TOTAL STUDENT HOURS = 1094 Thursday, August 04, 2016 Page 1 of 1 � s r' KAUA °I POLICE DEPARTMENT TRAINING ORDER Date of Issue REFERENCE: Index As: Friday, June 03, 2016 Effective Date 7/7/2016 RECINDS: FIREARMS QUALIFICATION The following individuals are ordered to report to the above - mentioned training: CHIEF DARRYL PERRY DEPUTY CHIEF MICHAEL CONTRADES AC ROY ASHER AC ROB GAUSEPOHL A /AC RICHARD ROSA CAPT. BRYSON PONCE CAPT, PAUL APPLEGATE A /CAPT. SCOTT BREDE TRAINING DATE: Start Date 7/7/2016 LOCATION: Kipu - Maluhia Range 7:45 hours - End Date 7/7/2016 16:30 hours INSTRUCTOR(S): Sgt. Len Nitta and Ofc. John Mullineaux FUNDING: Kauai Police Department UNIFORM: Class D TRAINING REQUESTED BY: Capt. Paul Applegate ORDER NO. 16-16049 APPROVE 0 1" ) I �A YL HIEF 0 P ,PW! KAUAI POLICE DEPARTMENT TRAINING ORDER Date of Issue Thursday, August 04, 2016 REFERENCE: Effective Date 6/29/2016 RECINDS: ORDER NO. 16 - 16055 Index As: D.A.R.E. Hawaii 19th Biennial State Training Conference The following individuals are ordered to report to the above - mentioned training: John Mullineaux Lance Okasaki Andrew Muraoka TRAINING DATE: Start Date 6/29/2016 7:45 hours - LOCATION: Kailua -Kona, HI INSTRUCTOR(S): TBD FUNDING: KRD UNIFORM: Class A or C TRAINING REQUESTED BY: ISB End Date 7/1/2016 16:30 hours APPROVED BY: DARRYL D. PERRY CHIEF OF POLICE 1. PIT I. KAUXI POLICE DEPARTMENT TRAINING ORDER Date of Issue Tuesday, June 14, 2016 REFERENCE: Effective Date 7/27/2016 RECINDS: ORDER NO. 16 - 16057 Index As: "Mastering the Art of Effective Tactical Communication" The following individuals are ordered to report to the above - mentioned training: John Mullineux Lance Okasaki Morris Unutoa TRAINING DATE: Start Date 7/27/2016 7:30 hours - LOCATION: Aloha Stadium, Hospitality Room, Oahu End Date 7/27/2016 15:00 hours INSTRUCTOR(S): Sgt. James Ream /Det. Rudy Perez, LA Schools Police Dept. FUNDING: DOE UNIFORM: Class A or C TRAINING REQUESTED BY: John Mullineaux RYL D. PERRY CHIEF OF POLICE �1 r. : #) KAUXI POLICE DEPARTMENT TRAINING ORDER Date of Issue Effective Date ORDER NO. Thursday, June 16, 2016 7/10/2016 16-16058 REFERENCE: Index As: RECINDS: N.A.S.R.O. Conference The following individuals are ordered to report to the above - mentioned training: A /SGTJOHN MULLINEAUX OFC, LANCE OKASAKI TRAINING DATE: Start Date 7/10/2016 8:00 hours - End Date 7/15/2016 11:30 hours LOCATION: Anaheim, CA INSTRUCTOR(S): Frank DeAngelis FUNDING: Hawaii State D.O.E. UNIFORM: Class C TRAINING REQUESTED BY: A /Sgt John Mullineaux l_ r" w D. PE POLICE KAUX1 POLICE DEPARTMENT T TRAINING ORDER Date of Issue REFERENCE: Index As: Tuesday, June 28, 2016 Effective Date 7/12/2016 RECINDS: 2016 MAKANI PAHILI EXERCISE The following individuals are ordered to report to the above - mentioned training: IMT TRAINING July 12 -13, 2016; 0800 -1200 A /AC RICHARD ROSA CAPT. BRYSON PONCE CAPT. PAUL APPLEGATE A /CAPT, SCOTT BREDE LT. KENNETH CUMMINGS LT. KENNISON NAGAHISA LT. JAMES RODRIGUEZ LT, RODERICK GREEN (COMM -L) DET. ANTHONY MORITA TRAINING DATE: Start Date 7/12/2016 LOCATION: E.O.C. INSTRUCTOR(S): TBD FUNDING: KPD and KCDA UNIFORM: 8:00 hours - COMM EX TRAINING July 15, 2016; 0745 4630 A /AC RICHARD ROSA A /CAPT, SCOTT BREDE LT. RODERICK GREEN DET. ANTHONY MORITA OFC. AVELINO RUVALCABA OFC, BOBBY THOMPSON OFC. JOSHUA LEINES OFC, TROY SAKAGUCHI OFC. TYRUS CONTRADES End Date 7/15/2016 16:30 hours ORDER NO. Class A or C APPRO EE TRAINING REQUESTED BY: A /AC Richard Rosa D1RR L CHIEF OF P 16-16060 r. A.1 LwL, "tam KAWAVI POLICE DEPARTMENT TRAINING ORDER Date of Issue Wednesday, June 29, 2016 REFERENCE: Effective Date 7/20/2016 RECINDS: ORDER NO. Index As: FBI Child Exploitation Work Group Meeting The following individuals are ordered to report to the above - mentioned training: A /AC RICHARD ROSA LT, KENNETH CUMMINGS DET. ANTHONY MORITA TRAINING DATE: Start Date 7/20/2016 9:30 hours - LOCATION: FBI Honolulu Field Office; Kapolei, Oahu I NSTRU CTORM: SSAJeff Felmann; FBI - Honolulu FUNDING: FBI - Honolulu and K.P.D. UNIFORM: Class C TRAINING REQUESTED BY: A /AC Richard Rosa End Date 7/20/2016 16:30 hours 16 - 16061 APPROVE BY: D L D. RR' CHIE OF POLICE " MIA KAUX"I POLICE DEPARTMENT TRAINING ORDER Date of Issue Thursday, August 04, 2016 REFERENCE: Effective Date 7/18/2016 RECINDS: ORDER NO. 16-16062 Index As: ALEA (Airbornne Law Enforcement Association) Conference and Exposition) The following individuals are ordered to report to the above - mentioned training: A /LT. KENNETH CARVALHO TRAINING DATE: Start Date 7/18/2016 8:00 hours - LOCATION: Savannah, GA INSTRUCTORM: ALEA Personnel FUNDING: SMETF Grant Funds UNIFORM: Class A or C TRAINING REQUESTED BY: A /LT. Kenneth Carvalho End Date 7/22/2016 16:30 hours APPROVED BY: DARRYL D. PERRY CHIEF OF POLICE b POLICE Y KAUXI POLICE DEPARTMENT 'ITRAHMG ORDER Date of Issue REFERENCE: Index As: Thursday, August 04, 2016 Effective Date 7/19/2016 RECINDS: CUSTOMER SERVICE TRAINING The following individuals are ordered to report to the above - mentioned training: AC RbY ASHER AC ROB GAUSEPOHL A /AC RICHARD ROSA CAPT. PAUL APPLEGATE CAPT. BRYSON PONCE A /CAPT. SCOTT BREDE LT, ELLIOT KE LT. TODD TANAKA LT. RODERICK GREEN TRAINING DATE: Start Date 7/19/2016 12:30hours - LOCATION: E.O.C. INSTRUCTOR(S): Jill Niitani and Debbie Ponce FUNDING: Kauai Police Department UNIFORM: Class A or C TRAINING REQUESTED BY: Deputy Chief Contrades LT. KENNETH CUMMINGS LT, KENNISON NAGAHISA LT, JON TAKAMURA LT, JAMES RODRIGUEZ LT. SCOTT KAUI LT. TRENT SHIMABUKURO A /LT. KENNETH CARVALHO A /LT. ALAN SANTELLA End Date 7/19/2016 16:30 hours ORDER NO. 16-16063 APPROVED BY: DARRYL D. PERRY CHIEF OF POLICE f ns � y r� KAUAI POLICE DEPARTMENT TRAINING ORDER Date of Issue Thursday, July 14, 2016 REFERENCE: Effective Date 7/18/2016 RECINDS: Index As: TASER User Certification Training The following individuals are ordered to report to the above- mentioned training: OFC. ART STYAN OFC. ERIC HIGA OFC, JOEL SNYDER OFC, DUSTIN BROAD OFC, BRAD CANDIDO OFC. IRVIN MAGAYANES TRAINING DATE. Start Date 7/18/2016 7:45 hours LOCATION: E.O.C. INSTRUCTOR(S): Lt. Todd Tanaka and Sgt. Len Nitta FUNDING: Kauai Police Department UNIFORM: Class D TRAINING REQUESTED BY: Lt. Todd Tanaka Uniform: BDU, Dri -Fit Shirt, Ballistic Vest, and Duty Belt *An old pair of shorts and t -shirt is recommended for the exposure phase of training. End Date 7/19/2016 16:30 hours ORDER NO. APPROVE 16 - 16066 POLI a r'� fit, �b_ _. I [r KAVA'I POLICE DEPARTMENT TRAINING ORDER Date of Issue Friday, July 22, 2016 REFERENCE: Effective Date 7/29/2016 RECINDS: ORDER NO. 16 - 16068 Index As: Crisis Leadership & Decision Making for Elected & Appointed Officials The following individuals are ordered to report to the above - mentioned training: CAPT. PAUL APPLEGATE TRAINING DATE: Start Date 7/29/2016 LOCATION: E.O.C. INSTRUCTOR(S): TBD FUNDING: 8:00 hours - End Date 7/29/2016 12:00 hours Kauai Civil Defense Agency UNIFORM: Class A or C TRAINING REQUESTED BY: Kauai Civil Defense Agency PROVED �Y: 4L R PERRY IEF OF OLICE PERSONNEL STATUS AS OF 07 -31 -2016 CLOSE OF BUSINESS: VACANCIES$ Appointed Position Title Sworn: 1 AUTHORIZED ACTUAL VACANT APPOINTED 1 1 0 SWORN 161 148 13 County General Fund Weapons Registration Clerk (Pos 558) 1 Information Technology Project Coordinator ( #309) Grant Fund Senior Clerk (Pos #932) 1 Emergency Services Dispatcher 1 ( #536) CIVILIAN 71 54 17 County General Fund 67 53 14 Temporary& Grant Fund 4 1 3 TOTAL 233 203 30 VACANCIES$ Appointed Position Title 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: 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 1 ( #536) 2 Emergency Services Dispatcher I (T565 & T566 - EMSS) 1 Clerk [Off -Duty] (T475) 9 School Crossing Guard [Part - time]* Kapaa King Kaumualii Chiefess Kamakahelei C3) Hanalei Kalaheo Kekaha Kilauea Koloa C2) Wilcox NOTE: Police Services Officers hired 01/04/2016 pursuant to Section 23 (2) Short term appointments - -89 -day (3)* Short term appointment pursuant to Section 3 due to Evidence Custodian's extended leave Bench Warrant Tracking 2016 All Outstanding Warrants Month January February March April May June July Records Outstanding Intake (Active) Felony Misdemeanor 123 1311 154 I 1157 77 1232 158 1074 192 1241 147 1094 180 1257 158 1099 185 1242 143 1099 157 915 134 781 195 1231 129 1102 August September October November December Year Total 1109 8429 1023 7406 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 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 32 18 191 Bench Warrant 26 32 34 41 26 36 22 217 eBW Traffic 50 71 61 57 59 89 83 470 eBW Crim 291 52 65 54 50 43 _ 37 330 Grand Jury BW 0 4 0 6 8 5 5 28 Subpoena 142 82 71 73 104 73 42 587 Summons 1 1 1 2 21 1 2 1 10 CSM 1 0 0 0 0 0 0 1 Order to Show Cause 0 0 0 0 0 0 0 0 TRO 20 30 21 20 19 38 30 178 PO (Family) 6 4 1 2 2 2 3 20 Restraining Order (Civil) 0 2 2 0 1 0 3 8 Detention (Juv) 1 01 0 2 0 31 0 1 1 6 TOTALS 1 2931 307 288 277 3161 319 246 01 0 0 01 0 2046 KAUAI POLICE DEPARTMENT Notes to Budget Summary For the Period June 2016 The Budget Status Report for June 2016 is submitted for your review and perusal. The department's total expenditures plus encumbrances for FY 2016 is currently at 100% at the end of the fiscal year. Chief's Office percent expended through June 2016 is 100 %, Administrative & Technical Bureau is 95 %, Investigative Services Bureau at 95% and Patrol Services Bureau at 95% of budget spent or encumbered. As a note, Chief's 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 an amazing estimated lapse of $153,473. KPD along with Finance /Accounting is about ready to finalize FY 2016 numbers as we prepare for Comity of Kauai annual audit. KAUAI POLICE DEPARTMENT BUDGET SUMMARY ESTIMATE JUNE 2016 BUREAU Chiefs Office Administrative & Technical Bureau Investigative Services Bureau Patrol Services Bureau TOTAL - GENERALFUND EXPENDITURES ENCUMBRANCES BALANCE % ofBUDGET BUDGET TO DATE TO DATE 6/30/2016 100% $289902,674.00 $28,506,371.35 $358,727.23 $37,575.42 100% 11486,843.00 11002,971.05 4091148.54 74,723.41 95% 408,072.00 361,392.89 25,709.16 20,969.95 95% 393,346.00 271,790.06 101,351.31 20204.63 95% $31,190,935.00 $30,1421525.35 $894,936.24 $153,473.41 100% Asset Forfeiture Funds $6039388.00 $ 169,835.00 $0.00 $433,553.00 28% Community Oriented Policing Report Investigative Services Bureau General /Major Crim Section TO: DARRYL D. PERRY, CHIEF OF POLICE Flab VIA: MICHAEL M. CONTRADES, DEPUTY C EF OF POLICE ly RICHARD W. ROSA, ACTING ASSISTANT CHIEF OF POLICE, ISB KENNETH P.K. CUMMINGS, ACTING CAPTAIN, IS('1Z FROM: CHRISTIAN D. JENKINS, ACTING LIEUTENANT, ISB SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 DETECTIVES: Major Crimes Detective (3) Sex Crimes Detectives (3) ICAC Detective (1) REPORTS / INVESTIGATIONS: (2) ASSIGNMENT Total Arrest CASE DISPOSITION Search Warrant Detectives Carry Cases Total Unfound RTP Record Info Arrest Arrest Cases PFD Carry 1 1 Over Last Assigned / 1 21 8 0 Only Charge Self Other Cleared / % I Over Next Month Follow Up I Month Total: 54 61 115 3 20 1 17 5 34 2 77/67% 22 43 ENFORCEMENT: Felony Arrest MD Arrest Total Arrest Info Charge Search Warrant Arrest Warrant Grand Jury Projects Meetings Court Surveillance Follow UPS Trainings 36 0 36 5 6 1 1 2 0 1 21 8 0 22 6 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS: Murder ISB was called and responded to a report of guns shots in the Lihue area. ISB investigation revealed that an adult male subject shot his ex -wife with a pistol, and then shot himself. Both subjects expired prior to the first responder's arrival. The decedent's juvenile daughter was taken into CWS custody. Juvenile custody has since been transferred to the juvenile's grandfather. Autopsies have been conducted on both decedents. It is apparent that the male subject was the lone shooter /suspect. Page 1 of 9 Sexual Assault ISB conducted an extradition to California to transport a male suspect back to Kauai on the strength of a Grand Jury Warrant. The incident is regarding the sexual assault of a juvenile female. The extradition was conducted without incident. ISB was notified of a Sexual Assault case. ISB investigation revealed that the male victim reported being sexually assaulted by an unknown male subject while incarcerated at KCCC. 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 by a male acquaintance. The suspect refused to provide a statement, and the case has been forwarded to the Office of the Prosecuting Attorney for further review and disposition. ISB was notified of a Sexual Assault case. ISB investigation revealed that a juvenile female reported being sexually assaulted by her male juvenile uncle several years ago. As the investigation progressed, a second female juvenile victim disclosed that she was also sexually assaulted by the same suspect. The case is still under investigation at this time. ISB was notified of a Sexual Assault case and responded. ISB investigation revealed that the victim was an adult female who stated that she was drugged and sexually assaulted by an adult male. A SANE exam was conducted. As the investigation progressed, the female stated that she lied about the sexual assault, and she had consensual sexual contact with the alleged suspect. The victim stated that she lied due to perceived shame from her family and church. No further investigation deemed necessary at this time. ISB was notified of a Sexual Assault case and responded. ISB investigation revealed that a juvenile female and male suspect where believed to have been involved in a consensual sexual encounter while guests on a cruise ship. The report was generated by the juvenile female's father. A forensic interview was conducted with the juvenile victim, and she did not make a disclosure. A SANE exam was conducted. The suspect refused to provide a statement. The case is still under investigation at this time. ISB was notified of a Sexual Assault case. ISB investigation revealed that an adult male subject reported being sexually assaulted by an adult male subject while he was sleeping at a friend's house. The victim stated that he immediately woke up and left the residence. The incident occurred approximately nine months prior to reporting the incident. The suspect is believed to have left the island of Kauai. The case is still under investigation at this time. Death Related Report Page 2 of 9 ISB was notified and responded to a death related case in the Kapaa area on the island Kauai. ISB investigation revealed that two unidentified bodies were located floating in the ocean in the vicinity. An autopsy was conducted and revealed that the decedents were two of the missing three Oahu fishermen. The third fisherman has not been recovered. The cause of death was ruled accidental drowning. Next of Kin notified. No further investigation conducted at this time. ISB was notified of a death related case in the Lihue area. ISB investigation revealed that an adult male subject was found deceased in his residence. An autopsy was conducted and the preliminary result is suicide by hanging. The investigation revealed that the suspect suffered from recent depression. No additional investigation deemed necessary at this time. The manner of death is suicide. ISB was notified of a death related case in the Lihue area and responded. ISB investigation revealed that an adult male visitor from New Zealand was transported to the hospital and subsequently died. The male subject suffered from numerous illnesses and wasn't extremely healthy. An autopsy was conducted, and the results are pending. No signs of foul play detected or suspected. No additional investigation required at this time. ISB was notified of a death related case and responded. An adult female was snorkeling in the Koloa area and subsequently drown. The incident was observed by several witnesses. An autopsy was conducted, and the results are pending. No signs of foul play detected or suspected. No additional investigation deemed necessary at this time. ISB was notified of a death related case and responded. An adult female was kayaking with another adult female on the north shore of Kauai. The weather changed, and the waves began to grow in size. The Kayak capsized, and an adult female died as a result. An autopsy was conducted, and the preliminary cause of death is accidental drowning. Next of kin notified. No additional investigation deemed necessary at this time. Missing person ISB was notified of a missing person case. ISB investigation revealed that an adult female subject was reported missing. The female was subsequently located the following day in good health and condition. No signs of foul play detected or suspected. No additional investigation deemed necessary at this time. Robbery Page 3 of 9 ISB was notified of a robbery case in the Hanalei area. ISB investigation revealed that an adult male and female married couple were allegedly assaulted and had two cellular phones taken without their permission. The alleged incident started as a verbal altercation and developed into a physical altercation. The victims stated that they were assaulted by three adult males and two adult females. The victims allege that the suspects took their phones during the physical altercation. There was very little description of the suspects provided by the alleged victims. The case is still under investigation at this time. Violation of an order for protection ISB was notified of a possible violation of a protection order in the Lihue area. ISB investigation revealed that an adult male violated an order for protection on twenty nine separate occasions. The order of protection was filed on the behalf of a juvenile female. This case is associated with an Electronic Enticement of a Child case that was previously investigated. A warrant of arrest was issued for the suspect. The suspect was located and arrested on the strength of the arrest warrant. The arrest was made without incident. CRIME SCENE SPECIALISTS (CSS): Page 4 of 9 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: 3 53 0 0 0 Hit Information: Date Report # Hit Identification Finger/Palm Other Data DEOXYRIBONUCLEIC ACID (DNA) PROCESSING CSS (2) Screening Tests Run Know Persons Intelligence Evidentiary Intelligence DNA Hits Total: 0 0 6 0 Hit Information: Date Report # Hit Identification Statistics Other Data FIREARM TEST FIRES css (2) Test Fires Performed Total: 16 Test Fire Performed By: MOBILE DEVICE EXTRACTIONS CSS (1) Extractions Performed Total: 16 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS: • CSS (2) 2016 -07767 Murder 2 "d CSS (2) Statewide Forensic Meeting held at Attorney General's Office on Oahu DOMESTIC ZIOLENCE INTERVENTIONS COORDINATOR (DVIC): Page 5 of 9 Domestic Violence Interventions Coordinator (1) REPORTS / INVESTIGATIONS. DVIC ASSIGNMENT CASE DISPOSITION (1) Carry over Assigned Total Record RTP Unfound Cases % PFD Carry over 0 revious month Cases CWS Only Cleared Cleared 10 next month Total: 8 78 86 12 43 4 59 69% 7 20 CHILD WELFARE SERVICES (CWS) CASES DVIC Family Strengthening Voluntary Case Child Welfare Follow Up Child Justice Center Update Total Cases (1) Services Management Investigations ICPD CJC Referral Form Only 24 0 FSS VCM CWS Total: 2 10 8 7 3 0 30 RESTRAINING ORDER FOLLOW UP: DVIC (1) Served TRO's Served Protective Orders Dissolved Orders Unserved Orders Closed Total Restraining Orders Total: 10 0 1 13 0 24 OTHER DVIC ACTIVITIES. DVIC 1 Assist w/ TRO Violations Court Follow Up Meetings Presentations Training Other Other Total: 4 4 5 0 0 3 0 0 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS: • DVIC (1) 2016 -07767 Murder 2nd • Twenty -Two (22) Domestic Violence Lethality Screens, fourteen (14) high danger, eight (8) non high danger. Page 6 of 9 SEXASSAULT NURSE EXAMINER (SANE) UNIT: SANE /Coordinator (1) SANE's (2) TYPE: Non - Report Exam Adult Report Exam Juvenile Report Exam Adult Partial Exam/Refusal Juvenile Partial Exam /Refusal Call Out w/ Exam 0 1 1 0 0 Call Refuse Exam 0 0 0 0 0 Other 0 0 0 0 0 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS. • Two (2) SANE Exams conducted in July, 2016. AWARDS/TRAININGS /PRESENTATIONS /MEETINGS /PUBLIC SPEAKING / OTHERS: TRAININGS ATTENDED July 12, 2016 One (1) Acting Assistant Chief of Police (ISB) and One (1) Major Crimes Detective attended the Makani Pahili Exercise held at the Kauai Police Department main headquarters, EOC (0800 - 1200). July 16, 2016 One (1) Acting Assistant Chief of Police (ISB) and One (1) Major Crimes Detective attended the Makani Pahili Exercise held at the Kauai Police Department main headquarters, EOC (0745- 1630). MEETINGS Page 7 of 9 July 8, 2016 One (1) Captain (ISB) and One (1) Major Crimes Acting Lieutenant attended the Lethality Assessment Program (LAP) meeting held at the Kauai Police Department (1000- 1100). July 11, 2016 One (1) Major Crimes Acting Lieutenant and One (1) Crime Scene Specialist attended a meeting with Special Agent Asato with the FBI at the Kauai Police Department in regards to evidence resources they can provide (1300- 1345). Julyl2, 2016 One Major Crimes Acting Lieutenant and (3) Major Crimes Detectives attended the Children's Justice Center Multi Disciplinary Meeting held at the Children's Justice Center (1300- 1400). July 14, 2016 One (1) Major Crimes Acting Lieutenant attended the Children's Justice Center's Inter Agency Committee (IAC) meeting held at the Children's Justice Center (0830- 0930). July 20, 2016 One (1) Acting Assistant Chief of Police (ISB), One (1) Major Crimes Lieutenant and One (1) Major Crimes Detective attended the FBI Child Exploitation Work Group Meeting located on Honolulu Oahu (0930- 1630). July 29, 2016 Two (2) Crimes Scene Specialists attended the Statewide Forensics Meeting at the Attorney General's Office on the Island of Oahu. OTHER ACTIVITIES • None. Submitted by: Christian Jenkins 02182 Acting Lieutenant ISB 08 -04 -16 1337 hours COMMAND COMMENTS: Page 9 of 9 Community Oriented Policing Report Investigative Services Bureau Special Focus Section TO: DARRYL D. PERRY, CHIEF OF POLICE VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE RICHARD W. ROSA, ACTING ASSISTANT CHIEF OF POLI E, IS KENNETH P.K. CUMMINGS, ACTING CAPTAIN, ISI�.AJ.ir2 19' FROM: ALAN T. SANTELLA, ACTING LIEUTENANT, ISIS SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 (5) PROPERTY CRIME DETECTIVES, (1) WHITE COLLAR CRIME DETECTIVE REPORTSANVESTIGATIONS (5) ASSIGNMENT I CASE DISPOSITION Detectives Carry Cases Total Unfound WIT Record Info Arrest Arrest Cases PFD Carry 0 Over Last Assigned / Only Charge Self Other Cleared / % Over Next Month Follow Up Month Total: 219 102 321 2 2 2 3 7 40 53 Q 17 % 60 214 ENFORCEMENT - DETECTIVES Felony Arrest Mll Arrest Total Arrest Search Warrant Arrest Warrant Grand lu Projects I Surveillance I I follow U s G 0 G 2 0 0 2 0 31 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS (SPECIAL FOCUS DETECTIVES): A special project was conducted in the Koloa District after receiving information about a suspect breaking into construction sites. After further investigation, an adult male who was involved was initially arrested for Driving without a License (DWOL) in the Koloa District. Vehicle that the suspect was operating was seized as evidence after observing ammunition and drugs in plain view. After further interrogation, male suspect admitted to being involved in seven other incidents that happened in the Koloa District. Suspect was later arrested and charged for the seven incidents and was unable to post bail. A search warrant was initiated and approved for the seized vehicle. Search warrant was executed and drugs and paraphernalia were seized as evidence. Vehicle was later returned to owner. Page 1 of 4 An adult male of Kapaa reported his semi - automatic pistol was stolen sometime between May 2016 and June 17, 2016. The victim was admitted at Wilcox Hospital when the incident occurred. The pistol has not been located at this time. This investigation is still pending. SCHOOL RESOURCE OFFICER (SRO) UNIT REPORTSANVESTIGATIONS (3) SRO's ASSIGNMENT CASE DISPOSITION (1) SGT Carry Cases Total Follow up Unfound RTP Record I Arrest Arrest Cases PFD Carry 2 Over Last Assigned 1 0 / Supp 0 Only Self Other Cleared / % Over Next 750 Month Report Month Total: 3 1 I 0 0 0 0 I 0 1 100% 14 2 ENFORCEMENT — SRO UNIT K -PAL PROGRAM ACTIVITY TYPE Felony Arrest MD /SO Arrest Total Arrest Traffic Cites Criminal Cites Legal Service Warrants T/C OVUII Total: 1 0 1 1 5 0 2 0 0 1 0 K -PAL PROGRAM ACTIVITY TYPE # Juveniles LOCATION Remarks Wrestling 50 Ka as Youth Center Program is running year round Jiu Jitsu 0 Ka as Youth Center Boxing / Kick Boxing 10o Lihue & Hana e e Boxing Gyms 100 people in the program Flag Football 600 Island Wide 35 teams throughout island Basketball 0 None Total: 750 MAJOR INCIDENTS / NOTABLE HIGHLIGHTS (SRO & K -PAL): July 17, 2016 1" Annual K -PAL Hammerhead Sprint Triathlon and 5K Fun Run / Walk was held at the Vidinha Stadium. The Triathlon consisted of a swim at Kalapaki Beach, bike ride and a run. Officers assisted with the event operations by monitoring intersections and provide police presence in and outside Vidinha Stadium. July 23, 2016 K -PAL Flag Football League last game of the season was held at the Vidinha Stadium expansion field. Officers assisted with operations by monitoring games and provide police presence. MEETINGS July 06, 2016 Attended K -PAL'S 1St Annual Hammerhead Sprint Triathlon meeting which was organized by the Deputy Chief of Police and K -PAL Officer. July 15, 2016 Attended K -PAL's 1St Annual Hammerhead Sprint Triathlon final meeting which was organized by the Deputy Chief of Police and K -PAL Officer. Page 2 of 4 July 27, 2016 Attended the meeting regarding Tropic Care usage of Kapaa K -PAL Youth Center grounds for lodging and design work for phase II expansion of existing building with Mahelona Hospital Director. TRAININGS / PRESENTATIONS / PUBLIC SPEAKING / OTHERS, KI Julyl -July 15, 2016 NASRO Conference, Advanced SRO Training Course, attended by the SRO Acting Sergeant and Officer held in Anaheim, CA. July 20, 2016 Post Interview regarding ls` Annual Hammerhead Sprint Triathlon with KONG Radio host, broadcasted on public radio. July 20, 2016 Post Interview regarding l` Annual Hammerhead Sprint Triathlon with Kauai's FM97 radio host, broadcasted on public radio. July 23, 2016 Tactical Communications DOE sponsored training on Oahu. Attended by the SRO Acting Sergeant and two SRO Officers, July 28, 2016 Interview with Coco Zickos of Kauai Sports regarding K -PAL article in upcoming sports magazine. COMMUNITY ACTIVITIES AND INVOLVEMENT W71� _ -, assisted with coaching the Kapaa H.S. Football team as an Offensive Lineman Coach, PROGRAM SPECIALIST (1) Program Specialist / Position Currently Vacant and supplemented by ISB Juvenile Clerk, REPORTS / INVESTIGATIONS, (1) ASSIGNMENT CASE DISPOSITION P. S. Carry over Referred Total Teen Family RTP PFD Unfounded Cases % Carry over previous month revious month Cases Court Court Cleared Cleared Cleared next month Total: 80 59 96 155 12 69 14 1 1 96 62% 58 MISSING PERSONS, (1) ASSIGNMENT CASE DISPOSITION P. S. Carry over New Total Unfounded Record Located PFD Cases % Cleared Carry over 1 0 previous month Cases 1 0 Only Cleared next month Total: 80 0 80 0 0 0 1 t 1 0 0% 79 OTHER PROGRAM SPECIALIST ACTIVITIES. Counseling Juveniles Counseling Parents Court Meetings Presentations Special Projects Training Other Other Total: 0 0 1 0 0 1 0 1 0 1 0 1 0 1 0 Page 3 of 4 Submitted by- Alan T. SANTELLA 01594 Acting Lieutenant ISB 08 -04 -16 1600 hours Comments: Page 4 of 4 Community Oriented Policing Report Investigative Services Bureau Vice Section TO: DARRYL D. PERRY, CHIEF OF POLICE VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE RICHARD W. ROSA, ACTING ASSISTANT CHIEF OF POLICE, ISB KENNETH P.K. CUMMINGS, ACTING CAPTAIN, ISB,, FROM: KENNETH J. CARVALHO, ACTING LIEUTENANT, ISB SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 I. REPORTS/INVESTIGATIONS (5) ASSIGNMENT Training 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 0 D Arrested T O. Auction next month 1 month Cases 9 Value 1 $200.00 $1300.00 P 1 0 1 0 1 0 1 0 Total: 18 18 2 38 0 14 0 1 0 24 63.16% 14 K -9 UNIT: (2) K -9 1 Search Warrants Training Days/Hours Parcel Interdiction Assist Patrol Assist Det. Cases Total Cases Total: 1 4 1 4/10 8 1 2 0 1 I 1 5 SEIZURES: Type Processed Methamphetamine Marijuana Cocaine Pills/Tablets Weapons Heroin YTD Written Marijuana "Ice" Plants Currency/Vehicle Warning Warning for Auction Total in 23.7 165.6 0 0 0 0 0 Grams Auction Total: 1 6 $185,511.77 9 Value 1 $200.00 $1300.00 0 1 0 1 0 1 0 1 0 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: 1 6 $185,511.77 9 1 0 0 $241,992.77 NOTABLE HIGHLIGHT • Assisted with a two day Marijuana Eradication Mission on Maui. Page 1 of 2 II. MEETINGSITRAINING • Two Officers conducted Canine Training • One Officer attended SRT Training • Two Officers attended a Hawaii HIDTA Meeting on Kauai • One Officer attended the Airborne Law Enforcement Association Conference and Exposition in Savannah, Georgia III. COMMUNITY ACTIVITIES AND INVOLVEMENT • One Officer helped with the youth group at New Hope Kauai Church on four Sundays. • One Officer assisted with a one day New Hope Kauai Church youth function at the Wailua River. • One Officer assisted a work furlough inmates in Lihue with a preparation and Imu to kalua 2 pigs for a fundraiser to raise money for a family member diagnosed with stage 4 cancer. Submitted by: One Officer helped with the Koloa Plantation Days Event, KENNETH (?kRVALHO Acting Lieutenant 08/04/2016 01104 ISB 1500 hours Page 2 of 2 PATROL SERVICES BUREAU MONTHLY ACTIVITY REPORT July 2016 I ' I I i ARRESTS 343 i ! A. FELONY 90 i i B. MISDEMEANOR 241 i ! Co DUI 12 ! I I I I i LEGAL SERVICE 111 i ! EBENCH WARRANT 68 ! Revised 06/01/2011 MONTHLY TRAFFIC REPORT JULY2016 TRAFFIC COLLISIONS VIOLATIONS DISTRICT YAXAL COUNT FAXAL T /CS INJURY T /CS MOVE PARK MISC SEXY BELT TOTAL LIHUE 0 0 9 202 19 175 15 411 WAIMEA 0 0 1 59 1 46 651 6 112 KOLOA 2 2 0 2 61 24 5 155 KAWAIHAU 0 0 2 238 28 406 172 32 470 HANALEI 0 11 29 33 21 470 TOTAL 2 2 15 589 _ 478 491 60 1618 TOTAL YEAR 7 7 133 4688 1939 3043 435 10105 MONTH PREV YR. 0 0 10 172 756 228 571 106 1661 TO DATE PREV YR 1 1 5427 1424 4518 610 11979 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 e>/O k _ Jo7 FROM: JON TAKAMURA, LIEUTENANT, PSB SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 I. ENFORCEMENT EFFORTS Platoon Parking Misc. Seatbelt �Moving TOTAL OVUII Traffic Section 0 24 27 109 160 1 TOTALS 0 24 27 109 160 1 II. SPECIAL OPERATIONS A. None III. MEETINGS /TRAININGS A. 7/19 — Traffic Safety Section Commander attended the monthly Child Passenger Safety meeting. B. 7/21 — Traffic Safety Section Commander attended the monthly Traffic Records Coordinating Committee meeting on Oahu. C. 7/25 -20 — Traffic Safety Section Sgt. Overmyer and Officer Caberto attended a one week Interview Techniques for Traffic Accident course in Arizona. D. 7/28 — Traffic Safety Section Commander attended the Impaired Drivers Task Force meeting on Oahu. IV. COMMUNITY ACTIVITIES AND INVOLVEMENT Page 1 of 2 A. 7/16 — Traffic Safety Section assisted with a Car Seat Inspection at Kukui Grove shopping center. B. 7/17 — Traffic Safety Section assisted with traffic control for the KPAL Triathlon. Submitted by: Jon Takamura Lieutenant 8/03/16 K -103 Lihue 0800 hours Page 2 of 2 Community Oriented Policing Report Lihue District TO: DARRYL D. PERRY, CHIEF OF POLICE VIA: MICHAEL M. CONTRADES, DEPUTY CHIEEF,,OF POLICE ROY A. ASHER, ASSISTANT CHIEF, PSB IMAS SCOTT K. BREDE, ACTING CAPTAIN, PSB ,&*oAp K %17 FROM: JAMES A. RODRIGUEZ, LIEUTENANT, PSB / SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 I. ENFORCEMENT EFFORTS Squad Parking Misc. Seatbelt Moving OVUII I 13 38 0 15 1 II 5 35 0 23 0 III 23 103 6 122 5 TOTALS 41 176 6 160 6 II. SPECIAL OPERATIONS A. Platoon 3 Officers initiated and executed four search warrants resulting in the recovery of Ecstasy, Cocaine, Marijuana, illegal Steroids, and Ding Paraphernalia. This led to arrests of suspects for drug charges as well as arrests for a stolen vehicle. B. Platoon 3 Officers were involved in the "Meet Me at the Y" special project in an effort to apprehend the suspect(s) responsible for trespassing and damaging property at the YMCA. III. MEETINGS A. 07/01 — 07/31: Weekly Mass Briefings with OPA, ISB, and PSB IV. COMMUNITY ACTIVITIES AND INVOLVEMENT A. 07/18 — 07/21: Platoon 1 Officer participated /volunteered in Major League Baseball Alumni's 2016 Hawaii Legends for Youth Clinic sponsored by Chevrolet. Clinics were held on the four Hawaii Counties. B. Platoon 1 Officer volunteered his time coaching football as an assistant coach for the Kauai High School Red Raiders, Page 1 of 2 C. 07/04: Platoon 2 Officer participated at the 4th of July Kauai Hospice in the Sky event at Vidinha Stadium Soccer Field with his son's Scout group. Submitted for yopr review and approval: JAMES A. R A/Lieutenant 08 -09 -16 GUEZ K413 Lihue I 8:30his Page 2 of 2 Community Oriented Policing Report Kawaihau District TO: DARRYL D. PERRY, CHIEF OF POLICE VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLIO, ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PSB SCOTT K. BREDE, A/CAPTAIN, PSB K- i FROM: SCOTT K. KAUI, LIEUTENANT, PSB SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY, 2016 I. ENFORCEMENT EFFORTS Platoon Parking Misc. Seatbelt Moving OVUII I 19 21 0 22 1 II 347 51 4 52 0 III 59 66 4 82 0 TOTALS 425 138 8 156 1 II. SPECIAL OPERATIONS • Due to numerous complaints of parking violations in the Hanalei District officers made it a point to be on the lookout for these violations when patrolling their beats. As a result officers issued 425 parking citations throughout the month. III. MEETINGS • Mass Briefings on Tuesday and Fridays still Occurring. • New recruits and their Field Training Officers had a meet and greet prior to actually hitting the road together. This allowed the new recruits a chance to meet their Field Training Officers and understand their expectations. IV. COMMUNITY ACTIVITIES AND INVOLVEMENT • Due to Numerous complaints about criminal activity behind the Kapa`a Pool, and at Kapa`a Beach Park, 3`d watch officers were tasked with holding, briefings in these areas and frequenting the areas as much as possible. Numerous citations were issued, vehicles were towed and one arrest for open container and OVUII were made. Page 1 of 2 • Several Officers are still volunteering their time with KPAL and the Kauai Humane Society. • Officers continue to perform numerous beat checks in areas that generate calls or complaints of criminal behavior or mischief. Submitted by: Scott lej4r,. Kaui Lieutenant 08 -12 -2016 K -111 Kawaihau 1040 hours Page 2 of 2 1 Community Oriented Policing WAIMEA District TO: DARRYL D. PERRY, CHIEF OF POLICE VIA: MICHAEL M. CONTRADES, DEPUTY CHIEF OF POLICE ROY A. ASHER, ASSISTANT CHIEF OF POLICE, PS SCOTT K. BREDE, CAPTAIN, PSB IX� 4 -1v1 FROM: TRENT SHIMABUKURO, LIEUTENANT, PSB, WAIMEA Report SUBJECT: COMMUNITY ORIENTED POLICING REPORT FOR JULY 2016 I. ENFORCEMENT EFFORTS Platoon Parking Misc. Seatbelt Moving OVUII I 1 32 46 1 II 2 24 6 25 III 45 5 31 1 TOTALS 3 1 101 11 102 2 II. SPECIAL OPERATIONS A. All 3 shifts have addressed issues on Onohi focused efforts to show presence enforcing violations to deter illegal activity in the III. MEETINGS A. None. IV. COMMUNITY ACTIVITIES AND INVOLVEMENT Ln. We have all observed area. A. Several Officers, including support staff volunteer as coaches in youth softball and high school football. Page 1 of 2 Submitted by: 007 4 Trent Shimabukuro K -104 Lieutenant Waimea 081116 1430 Hrs, Page 2 of 2 FORWARD FINAL DRAFT AUTHORITY Article XI of the Kauai County Charter specifies that there shall be a Police Department consisting of a Police Commission, a Chief of Police and the necessary staff. This article enumerates the powers, duties, and functions of the Police Commission and the Chief of Police. As authorized by Article XI, the following rules, processes and policies have been promulgated by the Police Commission to carry out its responsibilities. MISSION STATEMENT The Mission of the Kauai Police Commission is to ensure that a competent Law Enforcement Professional occupies the position of Chief of Police, and that the Chief of Police is in command of an honest and effective police department that serves the people of the County of Kauai. RULE 1 DEFINITIONS Rule 1 -1 Definitions. Wherever used in these rules, the terms shall be taken to have the following meanings: a. "Charter" shall mean the Charter of the County of Kauai, State of Hawaii. b. "Commission" shall mean the Police Commission of the County of Kauai, State of Hawaii. C. "Department" shall mean the Police Department of the County of Kauai, State of Hawaii. d. "Chief of Police" shall mean the Chief of Police of the Police Department. e. "Officers" shall mean regular police officers of the Department, as classified by the Department of Personnel Services of the County. f. "Employees" shall mean personnel of the Department, other than police officers, as classified by the Department of Personnel Services of the County. g. "County" shall mean the County of Kauai. RULE 2 GENERAL POWERS AND ORGANIZATION OF THE POLICE COMMISSION Rule 2 -1 General Powers of the Commission. Per Section 11.03 of the Kauai County Charter the Police Commission shall: a. Adopt such rules as it may consider necessary for the conduct of its business and regulation of matters relating to the goals and aims of the department. b. Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor. c. Receive, consider and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police within ninety (90) days. d. Refer all matters relating to the administration of the department to the chief of police. e. Adopt such rules to regulate political activities of the members of the police department. (Amended 1984) Rule 2 -2 Chief of Police. Per Section 11.04 of the Kauai County Charter. The chief of police shall be appointed by the police commission. He / She may be removed by the police coirunission only after being given a written statement of charges against him / her and a hearing before the commission. The chief of police shall have had a minimum of five years of training and experience in law enforcement, at least three years of which shall be in a responsible, administrative capacity. He / She shall make a monthly report at each Police Commission meeting to inform the Commissioners of significant incidents, issues, and opportunities involving the department. In addition, the Chief shall annually make a report to the Commission regarding the state of affairs and condition of the police department. Rule 2 -3 Composition of Commission. The Commission shall consist of seven members as provided by the Charter of the County of Kauai. Rule 2 -4 Appointment of Secretary. The Police Commission shall request secretarial and other support services from the Office of Boards and Commissions. Rule 2 -5 Election of Chair, Vice - Chair. The members of the Police Commission shall elect annually in the month of December a Chair and Vice -Chair to serve for the ensuing year. In the absence of the Chair at any meeting, the Vice Chair shall preside over the meeting. Rule 2 -6 Transaction of Business. All transaction of business shall be conducted pursuant to Hawaii Revised Statutes, the Kauai County Charter, and Robert's Rules of Order. Rule 2 -7 ,Special Committees. Special committees as may be necessary shall be appointed by the Chair. Police Officers may be considered as members of such special committees at the Commission's discretion. Rule 2 -8 Commission meetings. The regular meetings of the Commission shall be held no less than once a month at a time, date, and location as may be determined by the Chair or, in the absence of the Chair, the Vice -Chair of the Commission. The meeting must be held at a building that is accessible by the general public. Special meetings may be held at the call of the Chair or the Vice - Chair. Three or more members of the Commission may consent to postponement of any meeting to any other day within the following week. Rule 2 -9 Agenda, The Commission shall give public notice of any regular, special, or rescheduled meeting by filing the notice with the County Clerk and at the Police Commission office for public inspection. The notice shall be filed at least six (6) calendar days before the meeting and shall include an agenda which lists all of the items to be considered at the forthcoming meeting, and the date, time and place of the meeting. a. All items for the Agenda shall be submitted to the Chair for placement on the Agenda no later than four (4) business days before the Agenda notice is filed. The Chair shall have the discretion of placing items submitted after the deadline on the Agenda of the forthcoming meeting, or holding such late items until the next scheduled meeting after the forthcoming meeting. The Chair shall be responsible for designating and approving the form and content of the Agenda. Rule 2 -10 Code of Conduct. The basic responsibility of the Police Commission is to ensure that a competent person occupies the position of the Chief of Police, and that the Chief of Police is in operation of an honest and effective police department. a. The Police Commission is charged with responsibility and acts as a collective body. The individual Commissioners have no authority unless delegated by the Commission. b. The Commission acts as a sounding board for the community and police department employees through: 1. Complaints from citizens; 2. Citizen suggestions c. The Commission shall review and selectively support appropriate legislation and rules and regulations relating to law enforcement and shall communicate these positions to the appropriate legislative or administrative body. d. Police Commissioners shall maintain high standards of conduct and not behave in a mailer that brings discredit upon the Police Commission and the Kauai Police Department. e. The Police Commission collectively and each Police Commissioner individually shall embody the spirit and principles of the Sunshine Law and shall avoid any appearance of secretiveness and shall publicize meetings and agendas so that the public and media are informed of impending issues. f. The Police Commission shall strive for the release of information to the public through the media, as long as the release of this information does not violate the privacy rights of individuals to whom the information pertains and does not interfere with effective law enforcement. g. The Chief of Police is charged with the responsibility of managing the department. Individual Commissioners shall not interfere or give the appearance of interfering with said authority. RULE 3 CONTROL, MANAGEMENT AND DIRECTION OF THE DEPARTMENT Rule 3 -1 Specific Powers, Duties and Responsibilities of the Police Commission. a. Goals and Objectives of the Department. The Commission shall adopt such rules as it may consider necessary for the conduct of its business, and the regulation of matters relating to the goals and objectives of the department. b. Advisory Powers. The Commission may pass advisory resolutions concerning the matters exclusively within the authority of the Chief of Police. However, in such cases, the Chief of Police shall not be bound by any such advisory resolution. c. Administration. Except for purposes of inquiry, neither the Commission nor its individual members shall interfere in any way with the administrative affairs of the department administered by the Chief of Police. d. Commission and Commissioner Inquiries. All Commission inquiries shall be initially submitted to the Chief, Deputy Chief or the appropriate Bureau Commander. Should an inquiry prove to require substantial departmental man- hours, the Chair shall be informed of the inquiry by either the Chief or their designee so that the matter can be put on the floor for a vote as to whether this topic should be pursued. e. Performance of Duty. The Commission shall determine whether the acts of an officer, for which he or she is being prosecuted or sued, were done in the performance of duty, so as to entitle him or her to be represented by legal counsel provided by the County. f. Request for Legal Representation. i. Procedure for Requesting Legal Counsel. If a police officer desires legal representation to be provided by the County of Kauai in civil or criminal proceedings initiated against the officer, he shall submit a written request to the Police Commission within thirty (30) calendar days of being either formally indicted in the pending criminal matter or served in the pending civil matter. The Commission may determine that good cause exists to extend the time to submit a written request. ii. Action by the Commission. Upon receipt of the police officer's written request, the Commission shall request that the Chief of Police or his authorized designee submit a written report to the Commission informing the Commission of the current status of the police department's investigation concerning the facts underlying the matter in which the officer is seeking legal representation from the County. The written report shall include all relevant police report(s). The report shall be submitted to the Commission within thirty (30) calendar days of the Commission's request. The Commission may determine that good cause exists to extend the time for submittal of the report. iii. Consultation with the County Attorney. Before making a determination of whether an act, for which the officer is being sued or prosecuted, was done in the performance of duty, the Commission shall consult with the County Attorney and ask for a recommendation to the Commission. iv. Decision of Commission. The Commission may allow the police officer to appear before the Commission and discuss his request for representation, so long as the officer is made aware that any comments he makes can be used against him in a legal proceeding. The Commission shall subsequently inform the officer of its decision in writing. All discussions concerning the officer's request for legal representation shall be discussed in executive session. V, Contested Case Hearing. Any police officer aggrieved by the Commission's decision may, within fifteen (15) calendar days of the issuance of the Commission's decision, request in writing that the Commission reconsider its decision. The Commission may determine that good cause exists to extend the time for submittal of the request. When requesting reconsideration, the police officer may submit a written statement setting forth the specific reasons why the actions were done in the performance of duty as a police officer, thus entitling him to representation by counsel provided by the County. The Commission shall subsequently hold a contested case hearing pursuant to the procedures set forth in Rules 5 -2 through 5 -8 and Hawaii Revised Statutes, Chapter 91. g. Public Charges against the Conduct of the Department or Any of its Members. 1. Charges Defined. For purposes of this section "Charges" shall mean allegations filed with the Police Commission through the citizen complaint process. 2. Filing of Charges. Any and all charges shall be in writing of such form as the Commission may designate and shall be notarized a) Charges shall be filed with the Office of Boards and Commissions no later than thirty (30) calendar days after the date of occurrence. Charges filed after the thirty (30) day period will not be investigated unless the Commission finds good cause for an extension of time. However, in no event may the Commission consider a complaint filed more than 180 calendar days after the date of the occurrence. b) The date the Office of Boards and Commissions receives the charge shall be noted on the first page of the form in the space provided and signed for by the recipient. c) Any charges received informally by an individual Commissioner or by Department personnel shall be referred to the Office of Boards and Commissions for proper filing and processing. d) When all requirements stated above have been met, charges shall be officially received the date of the next Commission meeting, as permitted by law. All such officially received charges shall be reviewed and investigated by the Commission. e) The Commission Chair shall provide written acknowledgment of the receipt and status of such charges to the Commission members, the Commission Investigator, the Chief of Police and the complainant. 1. The Chief of Police shall notify the employee in question of the charges according to department rules and regulations. 2. The Commission Investigator shall not commence the investigation of such charges until after the employee in question has been notified of the charges. The restriction shall not apply in circumstances where, despite good faith efforts, the employee cannot be notified. 3. Confidentiality. The Commission shall keep any and all discussions concerning charges confidential and discuss them only in Executive Session. 4. Investigation of Charge. The Commission may use an Investigator, or such other persons as may be necessary, to investigate any and all charges referred to the Commission. The Investigator may be a member of the department specially assigned by the Chief of Police to the Commission. In cases where the Commission hires or contracts the services of an independent Investigator, that person shall have a minimum of three (3) years of active experience in general investigative work; be licensed as private detective in accordance with the provisions of Hawaii Revised Statutes, Chapter 463; have a high school diploma; have a current driver's license and a vehicle for use on the job; be familiar with the Kauai community and the procedures of the Kauai Police Department or have the ability to acquire such; be readily available on short notice to perform investigative tasks for the Commission; possess a character above reproach; and have no felony or misdemeanor convictions. a) The Investigator shall conduct all investigations in a proper and ethical manner; shall obtain all information pertinent to the charges; and shall upon completion of the investigation, submit a written report to the Commission. b) Communications between the Investigator and the Commission or individual Commissioners shall be through the Chair or his or her designate. c) Details of the investigation shall be considered confidential and shall not be released or discussed with any persons other than the Commission. d) The Investigator shall be authorized to obtain from the department on behalf of the Commission any such information as may be needed for the investigation subject to the prior approval of the Chief of Police. Such information may include copies of police reports or statements from department personnel. e) The Investigator's report shall contain a detailed report of all investigative findings, and a summary of all interviews. fl The Investigator shall submit the report within sixty (60) days of the date the charges were officially received. The report shall be submitted to the Commission Secretary for duplication and immediate distribution to the Commission. g) Upon review of the investigative report, the Commission may conduct further investigation., including interviews of the Investigator and/ `or any other person involved in the case. In addition the Commission may resubmit the report to the Investigator for further investigation. 5. Findings. The Commission shall utilize the following findings in rendering a decision on charges brought to its attention through the citizen complaint process: a. Unfounded - The charge is not based on facts or the incident upon which the charge is based did not occur. b. Exonerated - The incident upon which the charge is based occurred but the employee's actions were lawful and proper. c. Not Sustained - There is not sufficient evidence to prove or disprove the charge. d. Sustained - There exists sufficient evidence of misconduct to sustain the charge or justify disciplinary action. 6. Charges against the Chief of Police (a) It is the intent of this rule that the chief be disciplined or dismissed only for cause and not arbitrary or capriciously. Grounds for discipline or dismissal of the chief shall include but not limited to the following: 1. Malfeasance - Misfeasance - Nonfeasance - performed 2. Falsification o 3. Conviction of Wrongful act by public official Wrongful exercise of law authority - Omission of an act that ought to have been f candidate's application any misdemeanor or felony b) The commission may institute disciplinary proceedings against the chief upon motion of any member of this commission and a majority vote in favor thereof. Any proceedings pertaining to charges brought against the chief shall be considered a contested case and be conducted in accordance with Chapter 5, except that all such proceedings shall be closed to the public unless otherwise requested by the chief. c) The commission may sustain the allegations of any charge against the chief by a majority vote and may take any of the following actions: 1. Reprimand the chief (written or verbal) 2. Suspend the chief for a period of time determined by the commission. 3. Dismiss the chief 7. Commission Decision. After the charge has been fully investigated, the Commission shall enter a decision finding that there is either sufficient or insufficient evidence to prove the charge. The Commission shall thereafter submit a written report of its decision to the Chief of Police; in no case longer than ninety (90) days after the Commission concludes its investigation. The Commission may inquire with the Chief of Police as to any departmental action taken following the Commission's decision. a. The Commission shall notify the complainant of its decision in writing. b. Every Commission decision shall be made public during a regularly scheduled meeting. Names of individual complainants and the subject employee shall be made public. The charges and circumstances surrounding the charge and its findings shall be thoroughly explained. c. In cases where discipline has been imposed by the Chief of Police based on a Commission decision there shall be no additional or subsequent investigation imposed on the Subject employee for the same incident. Rule 3 -2 Powers, Duties and Responsibilities of the Chief of Police. In accordance with the laws of the State of Hawaii and Charter of the County of Kauai, the Chief of Police shall: a. Act as administrative head of the department. b. Appoint the necessary staff for the department for which appropriations have been made. c. Supervise, manage and control all employees and officers of the department. d. Discipline or remove any officer or employee of the department pursuant to all applicable laws. e. Assign and reassign the duties of any officer or employee of the department. f. Make all personnel actions concerning officers or employees of the department as provided by law. g. Train, equip, maintain and supervise the officers and employees of the department. h. Preserve the public peace, prevent crime, detect and arrest offenders, protect personal property rights and enforce and prevent violations of law. i. Serve process in both civil and criminal proceedings. j. Make annual reports to the Commission as to the state of affairs and condition of the department as well as such other reports as the Commission shall request, within its authority. k. Exercise such other powers or duties as may be provided by law, contained within the Charter of the County of Kauai or assigned by the Commission. 1. Adopt rules and regulations necessary to implement the powers, duties and responsibilities of the Chief of Police set forth in Rule 6 -2. Rule 3 -3 Collective Bargaining Agreements. All of the powers, duties and responsibilities of the Police Commission and the Chief of Police enumerated in these rules shall be subject to and in conformity with any collective bargaining agreements existing between the officers or employees of the department and /or the County of Kauai. RULE 4 SELECTION PROCESS FOR THE CHIEF OF POLICE Rule 4 -1 General Powers of Appointment. The Police Commission shall appoint the Chief of Police. In no event shall the Commission appoint an applicant for the position of Chief of Police to act as interim or acting Chief, solely for the purpose of permitting the applicant to obtain the necessary qualifications for the position of Chief of Police. Rule 4 -2 Qualifications for Police Chief. Section 11.04 Kauai County Charter states the minimum qualifications for the Chief of Police to be: Five years of training and experience in law enforcement, at least three of which shall be in a responsible, administrative capacity. In addition to the minimum qualifications set by the county charter, the Police Commission determines that a successful applicant for Chief of Police shall: • Possess the desired skills, knowledge, and ability to perform the Essential Duties and Responsibilities set forth in the County of Kauai, Department of Human Resources Job Description for Chief of Police. Rule 4 -3 Selection Process. a. Hiring of a Consultant. The Commission may choose to hire a consultant to assist in the recruitment and selection of a Chief of Police. Should the Commission choose to hire a consultant, the Commission shall follow the procurement procedures set forth under H.R.S. Section 103D -304 and any other applicable State statutes and County ordinances. b. Selection of semi - finalists and finalists. In the even that there are multiple applicants for the position of Chief of Police, the Commission may choose to narrow down the list of applicants to semi - finalists and. /or finalists. The interviews and /or selections of such semi - finalists and /or finalists shall be conducted in closed session, and the Commission shall decide how to interview and make the selection of the semi - finalists and/ or finalists. All details and identities of the applicants shall be kept confidential, unless any applicant expressly agrees to waive his/her privacy rights. C, Assessment by Consultant. In the event that a consultant conducts an assessment of any of the finalists, the Commission shall not participate in the assessment. d. Selection of final candidate. Following the interviews of the finalists, the Commission shall vote on a final candidate to whom the Commission shall extend a conditional job offer. Said vote shall take place in executive session. The final candidate's identity, as well as the result of the votes, shall remain confidential until the candidate has been given an official job offer, or if the candidate expressly agrees to waive his/her privacy rights, whichever occurs sooner. e. Follow -up requirements. Following the extension of the conditional job offer, the Commission shall require the final candidate to undergo mandatory follow -up examinations as required by the Kauai Police Department and consistent with State and Federal laws. f. Final job offer. Following the completion of all required examinations by the final candidate, the Commission shall vote to extend an official job offer to said candidate. The Commission shall also vote on the terms of the employment contract that the Commission shall extend to the candidate. The contract may also specify a time period, or may be an open -ended contract. The contract shall also specify the job duties and salary specifications, in addition to any other provisions that the Commission believes necessary to incorporate into the contract. Rule 4 -5 Salary of the Chief of Police. The Commission shall determine the initial salary of any new Chief of Police, and determine any subsequent increase in salary, consistent with the County of Kauai salary ordinance. RULE 5 RULES OF PRACTICE, HEARINGS Rule 5 -1 Informal Hearing. The Commission may, in its discretion, on its own motion, or upon petition filed with the Commission at least fifteen 15 days prior to the date of the regular meeting hold an informal hearing on matters within its jurisdiction. The petition need not be in any form but shall, where applicable, include: a. Nature of the petitioner's interest and the reasons for requesting an informal petition. b. A complete statement of the relevant facts. c. Position or contention of the petitioner. d. Name, address and telephone number of petitioner. In an informal hearing the Commission shall determine the manner and procedure in which the hearing shall be conducted. Rule 5 -2 Contested Case Hearing. A formal hearing shall be conducted upon motion by the Commission in accordance with Hawaii Revised Statutes, Chapter 91. Persons aggrieved by actions of the Commission, may petition for a formal hearing before the Commission. Rule 5 -3 Petition. The petition shall be filed with the Chair of the Commission and shall consist of: a. Name, address and telephone number of the petitioner. b. Nature of petitioner's interest and the reasons for requesting oral hearing. c. A complete statement of the relevant facts giving rise to the petitioner's request. d. Position or contention of the petitioner. e. Petition for a hearing. Rule 5 -4 Setting, rejecting_ Petitions for formal hearing may be approved or modified and approved, and set for hearing or rejected at the regular meeting following receipt of the petitions. Petitioners who have been rejected shall be notified in writing of the Commission's action. a. Exception. The Commission shall not reject a petition for a contested case hearing arising out of a denial by the Commission of a police officer's request for legal representation. Rule 5 -5 Notice. If the Commission detennines to hold a contested _case hearing, the Commission shall, within fifteen 15 days prior to the hearing, notify the parties of the hearing in writing, by registered or certified mail with return receipt requested. If service by registered or certified mail is not made because of the refusal to accept service or the Commission has been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by publication at least once in each of two successive weeks in a newspaper of general circulation. The last published notice shall appear at least fifteen 15 days prior to the date of the hearing. The notice shall include, where applicable, a statement of. a. The date, time, place and nature of hearing; b. The legal authority under which the hearing is to be held; c. The particular sections of the statutes and rules involved; d. A statement in plain language of the issues involved and the facts alleged by the Commission in support thereof; provided that if the Commission is unable to state such issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter, upon application, a bill of particulars shall be furnished; e. The fact that any party may retain counsel if he /she so desires, and the fact that an individual may appear on his/her own behalf, or a member of a partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. Rule 5 -6 Procedure, rules. In a contested case hearing, the following rules and procedures shall apply: a. The Commission shall determine the order in which the parties to the proceeding shall present their case to the Commission. b. Opportunity shall be afforded all parties to present evidence and arguments on all issues involved. c. Every party to the proceeding shall have the right to conduct cross - examination as may be required for a full and true disclosure of the facts; and shall have the right to submit rebuttal evidence. d. Any oral or documentary evidence may be received by the Commission and the strict rules of evidence shall not be applicable; however, irrelevant, immaterial or unduly repetitious evidence shall be excluded. e. Documentary evidence may be received in the form of copies of excerpts, if the original is not readily available; provided that upon request, parties shall be given an opportunity to compare the copy with the original. f. The Commission shall give effect to the rules of privilege recognized by law. g. The Commission may take notice of judicially recognizable facts. In addition, the Commission may take notice of generally recognized technical or scientific facts within its knowledge; but parties to the proceedings shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. h. Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. i. For the purpose of Commission decisions, the records shall include: 1. All pleadings, motions, intermediate rulings; 2. Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed; 3. Offers of proof and rulings thereon; 4. Proposed findings and rulings thereon; 5. Report of the officer who presided at the hearing; 6. Staff memoranda submitted to members of the Commission in connection with their consideration of the case. j. It shall not be necessary to transcribe the record unless requested for the purposes of rehearing or court review. k. No matters outside the record shall be considered by the Commission in making its decision except as provided herein. 1. A contested case hearing shall be held in closed session, unless all parties to the proceeding choose to have the hearing in open session. However, any privileged dialogue between the Commission and the County Attorney advising the Commission shall be held in executive Session. Rule 5 -7 Decision and Order. Every decision and order adverse to a party to the proceeding, rendered by the Commission in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the Commission shall incorporate in its decision a ruling upon each proposed finding so presented. Parties to the proceeding shall be notified by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to his'her attorney of record. The decision and order of the Commission shall be announced in open session, with the names of all the parties to the proceeding withheld, unless said parties agree to have their names released. Rule 5 -8 Consultation by Commissioner. No Commissioner who renders a decision in a contested case shall consult any person on an issue of fact except upon notice and opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law. RULE 6 PUBLIC INFORMATION AND INSPECTION Rule 6 -1 Obtaining information. The public may obtain information on matters within the jurisdiction of the Commission by inquiring in person, during regular business hours, at the Office of Boards and Commissions, 4444 Rice Street, Suite 150, Lihue, Hawaii, 96766, or by submitting a written request to said Office. Rule 6 -2 Public inspection of rules. All rules of the Commission including the adoption, amendment, or repeal thereof, are available for public inspection during regular business hours at: a. Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihue, Hawaii 96766 b. Office of the County Clerk Historic County Building Lihue, Hawaii 96766 C, Office of the Lieutenant Governor State of Hawaii State Capitol Honolulu, Hawaii 96813 Rule 6 -3 Public inspection of statements of policy and interpretation. All written statements of policy or interpretation formulated, adopted or used by the Commission in the discharge of its functions and all final opinions and orders of the Commission are available for public inspection at the Office of Boards and Commissions during regular business hours. Rule 6 -4 Public information and inspection prohibited, when. Matters within the jurisdiction of the Commission, including confidential information, written statements of policy or interpretation formulated, adopted, or used by the Commission in the discharge of its functions, may be withheld from the public where permitted by law. RULE 7 ADOPTION, AMENDMENT OR REPEAL OF RULES Rule 7 -1 Method of adopting, amending or repeal of rules. The rules adopted, amended or repealed by the Commission shall be made in accordance with the following procedure: a. Prior to the adoption, amendment or repeal of any rule, a public hearing shall be held by the Commission. At least thirty (30) day notice shall include a statement of the substance of the proposed rule, and of the date, time and place where interested persons may be heard thereon. The notice shall be mailed to all persons who have made a timely written request of the Commission for advance notice of its rule- making proceedings, and shall be published at least once in a newspaper of general circulation. All interested persons shall be afforded an opportunity to submit date, views, or arguments, orally or in writing. The Commission shall fully consider all written and oral submissions respecting the proposed rule. The Commission may make its decision at the public hearing or announce then the date as to when it intends to make its decision. Upon adoption, amendment or repeal or a rule, the Commission shall, if requested to do so by an interested person, issue a concise statement of the principal reasons for and against its determination. b. Notwithstanding the foregoing, if the Commission finds that an imminent peril to the public health, safety or morals requires adoption, amendment or repeal of a rule without notice of a hearing or upon less than 30 days' notice of hearing and states in writing its reason for such finding, it may proceed without prior notice or hearing upon such abbreviated notice and hearing as it finds practicable to adopt an emergency rule to be effective for a period of not longer than one hundred twenty days without renewal. Rule 7 -2 Filing. Certified copies of the rules adopted, amended or repealed by the Commission shall be filed forthwith with the County Clerk, and as may be otherwise required by law for the filing of rules for boards and commissions. Rule 7 -3 Effective date of rules. The adoption, amendment or repeal of any rule by the Commission shall become effective: a. Ten (10) days after filing of the rules with the County Clerk; provided that if a later effective date is required by statute or specified in the rule, such later date shall be the effective date. However, no rule shall specify an effective date in excess of thirty days after the filing of the rule as provided herein. b. An emergency rule shall be effective, upon filing with the County clerk, for a period of not longer than one hundred twenty days without renewal unless extended in compliance with the provisions of subsections (a) and (b) of Rule 7 -1, if the Commission finds that immediate adoption of the rule is necessary because of imminent peril to the public health, safety or morals. The Commission's finding and brief statement of the reasons therefore shall be incorporated in the rule as filed. The Commission shall make an emergency rule known to persons who will be affected by it by publication at least once in a newspaper of general circulation within five days from the date of filing of such rule. Rule 7 -4 Petition. Any interested person may petition the Commission for the adoption, amendment or repeal of any rule of the Commission. The petition shall be submitted in duplicate and delivered to the Office of Boards and Commissions. Rule 7 -5 Form, contents and rejection of petition. The petition need not be in any special form but it must contain: a. A statement of the nature of each petitioner's interest. b. A draft of the substance of the proposed rule or amendment and/or a designation of the provisions sought to be repealed. c. An explicit statement of the reasons in support of the proposed rule, amendment or repeal. d. Any other information relevant to the petition. e. The name, address and telephone number of each petitioner. f. The signature of each petitioner. The Commission may reject any petition which does not conform to the requirements set forth hereinabove. Rule 7 -6 Processing of petition. Upon receipt of the petition, the Commission shall cause it to be dated to determine the date of submission. The Commission shall notify the petitioners of the date, time and place when the Commission shall consider the petition and the petitioner's privilege of personal appearance, with or without counsel, and the privilege of presenting evidence in support of the petition. Rule 7 -7 Consideration of petition. Within thirty days after the receipt of the petition, the Commission shall either deny the petition in writing, stating its reason for such denial, or initiate proceedings in accordance with Rule 7 -1, for the adoption, amendment or repeal of the rule, as the case may be. RULE 8 DECLARATORY RULING BY THE COMMISSION Rule 8 -1 Petition. Any interested person may petition the Commission for a declaratory order as to the applicability of any statute or of any rule or order of the Commission. Rule 8 -2 Form, contents and rejection. The petition shall be submitted in duplicate to the Police Commission. The petition need not be in any special form but it shall contain: a. A statement of the nature of each petitioner's interest, including reasons for the submission of the petition. b. A designation of the specific provisions, rule or order in question. c. A complete statement of the relevant facts. d. A statement of the position or contention of the petitioner. e. A memorandum of authorities, containing a full discussion of the reasons, includes any legal authorities, in support of such position or contention. f. The name, address and telephone number of each petitioner. g. The signature of each petitioner. Any petition which does not conform to the foregoing requirements may be rejected by the Commission. Rule 8 -3 Processing of petition. The petition shall be processed in the manner provided by Rule 3 -6. Rule 8 -4 Non - issuance of declaratory order. The Commission may for good cause refuse to issue a declaratory order. Without limiting the generality of the foregoing, the Commission may so refuse where: a. The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future. b. The petitioner's interest is not of the type which would give him standing to maintain an action in a court of law. c. The issuance of the declaratory order may adversely affect the interest of the County in any litigation which is pending or may reasonably be expected to arise. d. The matter is not within the jurisdiction of the Commission. Rule 8 -5 Consideration of Commission. Within forty -five days, after a hearing is held in the manner provided for by Rule 7 -6, the Commission shall either deny the petition, stating its reasons therefore, or issue a declaratory order. Upon the disposition of the petition, the petitioner shall be promptly notified by the Commission. RULE 9 COST OF RULES Rule 9 -1 Cost. Compilation and supplements of these rules shall be made available free of charge upon request by state officers in the case of a state agency and by county officers in the case of a county agency. Copies may also be made available, free of charge, to agencies of the federal government or of other states having a need for the rules. As to all other persons, the price for copy of these rules shall be charged in accordance with prices set forth by the Office of the County Clerk, County of Kauai. L--47M4 i J-j 17r I�T NOIISSIV/ v\100 3S1-10d I i Z gm C� YU y rl"**'7 %�,- ( —Yrew� �C 4A 7LW HAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 17, 2016 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI STREET, HILO, HAWAII CALL TO ORDER Chair Schutte called the meeting to order at 9:09 a.m. ROLL CALL Present: Guy Schutte, Chair Keith Morioka, Vice Chair Arthur Buckman, Commissioner Robert Gomes, Sr., Commissioner Peter Hendricks, Commissioner Absent: Jak Hu, Commissioner (A quorum was present.) Also Present: Harry Kubojiri, Police Chief Paul Ferreira, Deputy Police Chief Paul Kealoha, Assistant Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Jennifer Ng, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Hendricks motioned to approve the agenda. Commissioner Gomes seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Correspondence 16 -04: Council Member Greggor Ilagan requested a discussion on the Police Commission's Rule 9, Processing of Complaints. Council Member Ilagan came before the commission. He stated that he wants to talk about Rule 9. He also wants to talk about an additional substation for Puna and a task force to address property crimes including agricultural theft. He will send in information for a future agenda item. Due to a misunderstanding, he did not speak about Rule 91 APPROVAL OF MINUTES • February 19, 2016, regular and executive sessions: Vice Chair Morioka motioned to approve the minutes. Commissioner Hendricks seconded, and it carried unanimously. CORRESPONDENCE • 16 -03: Party made a complaint but refused to have it notarized. She complained about how police officers responded to her calls of someone in a lava tube under the concrete slab of her house. Party was not present, and there was no discussion. Hawai'i Police Commission Regular Session Minutes June 17, 2016 Page 2 • 16 -04: Council Member Greggor Ilagan requested a discussion on the Police Commission's Rule 9, Processing of Complaints. See "Statements from Public." • 16 -05: Invitation to the Hawaii State Law Enforcement Conference September 7 -9, 2016, hosted by the Kaua'i Police Department. No discussion. • 16 -06: Request for representation by Corporation Counsel for Officer Roberto Segobia in Civil No. 16 -1 -0159. Vice Chair Morioka motioned to approve representation by Corporation Counsel. Commissioner Gomes seconded, and it carried unanimously. Vice Chair Morioka motioned to accept and file all correspondence. Commissioner Hendricks seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: • Crime Report: Assistant Chief Tavares reported that up through May 31, 2016, they had 7,760 serious crimes. In a four -day period, they had eight burglaries in Puna, which is extremely high, but not a trend. Kona had a decrease in unauthorized entries of motor vehicles. Patrol and CPOs continue to share information, and they have increased police presence. Ag theft dollar value is categorized differently from property crime, and overall, property crime is greater. AC Kealoha stated that they have issues in Kona with theft of coffee and avocado. • Traffic Report: Assistant Chief Kealoha reported receiving 8,414 calls for service in May. Up to May, they had 16 traffic fatalities compared to 14 last year. This includes 7 DUI fatalities compared to 3 last year. In May, 5,051 citations were issues. Due to complaints of speeding in Hawaiian Paradise Park, they ran the stealth monitor. The average speed was up to 48 mph in the 35 mph zone during after work hours between 5:00 and 7:00 p.m. They had complaints about speeding in Puak6, and the stealth monitor showed the average speed to be below the speed limit. • Personnel Report: Assistant Chief Kanehailua reported that they foresee a number of retirements toward the end of the year. Their current recruitment started with over 534 applicants, of which 518 met the minimum requirements, and 92 passed the written and agility tests. They are screening the 92 applicants for 20 positions. They hope to start the class at end or beginning of the year. Their current recruit class started with 19; they now have 17. They have reached out into the community to fill the school crossing guard positions, but it is difficult to fill because it is only for two hours a day, one in the morning and one in the afternoon. They conducted interviews for the 6 radio dispatcher vacancies. They hope to make a selection for the firearms registration clerk next week. Hawaii Police Commission Regular Session Minutes June 17, 2016 Page 3 • Finance Report: Assistant Chief Kanehailua reported that expenditures are under budget. The Mayor signed off on the new fiscal year budget. They are transitioning to a Glock 9 mm which is in the budget and will show a savings. The purchase will include holsters and a buy -back program. • Commendations of Sworn and Civilian Employees: Chief Kubojiri reported having 38 commendations since the last commission meeting. • Other Departmental Activities: Chief Kubojiri told the commission that they are representatives of the community who hear complaints and what the police department can improve on, but he doesn't know what the issues are. They have had community meetings in every district, but what they think is important might not be to the community there. He asked for the commission's help in understanding their community and building better relationships. They want to know about problems in the community and how they can rectify the problems and keep the community safe. He asked that they work together beyond hearing complaints. EXECUTIVE SESSION (Closed to the public.) Commissioner Gomes motioned to meet in executive session to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities; to consider discipline and charges against officers or employees of the Hawai'i Police Department; and to consider sensitive matters relating to public safety pursuant to HRS 92 -5 (a) (2) (4) (6) and the Hawaii County Charter Section13 -20 (b). Vice Chair Morioka seconded, and it carried unanimously. Executive session convened at 10:05 a.m. Regular session reconvened at 2:50 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Consideration and Investigation of Complaints ✓ HPC 16 -10: Complainant alleged that a dispatcher purposely failed to dispatch officers to his family home. Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Morioka seconded, and it carried unanimously. ✓ HPC 16 -12A, B, C: Complainants complained about how officers handled their traffic stop when someone reported that someone was waving a firearm in a vehicle. Vice Chair Morioka motioned to refer the complaint to the Police Chief for further investigation and to address concerns discussed in executive session. Commissioner Hendricks seconded, and it carried unanimously. ✓ HPC 16 -13: Complainant alleged that officers did not intervene in a government land auction when she made allegations of a crime. The complaint was received after the 90 -day filing deadline. Commissioner Hendricks motioned to decline Hawai'i Police Commission Regular Session Minutes June 17, 2016 Page 4 investigation due to the 90 -day rule. Commissioner Buckman seconded, and it carried unanimously. ✓ HPC 16 -14: Complainant alleged that when she complained at the Hilo police station about a government land auction violating HRS 172 -11, the police didn't know anything about that HRS. Vice Chair Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hendricks seconded, and it carried unanimously. ✓ HPC 16-15: Complainant complained about responses she received from the police when she asked about neck strikes on females and juveniles. Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. ✓ HPC 16 -16: Complainant alleged that the police refused to take her complaint about a Trust having possession of sugar lands. Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioners Gomes seconded, and it carried unanimously. ✓ HPC 16 -17: Complainant asked for an officer's resignation but made no specific complaint against the officer. Commissioner Buckman motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Morioka seconded, and it carried unanimously. ✓ HPC 16 -21: Complainant complained about how officers handled her traffic stop. The complaint was received after the 90 -day filing deadline. Vice Chair Morioka motioned to accept the complaint for investigation. Commissioner Hendricks seconded, and it carried unanimously. ✓ HPC 16 -22: Complainant alleged that he was arrested for a made -up charge. The complaint was received after the 90 -day filing deadline. Commissioner Buckman motioned to decline investigation due to the 90 -day rule. Vice Chair Morioka seconded, and it carried unanimously. ✓ HPC 16 -23: Complainant alleged that an officer assaulted and kidnapped him. Vice Chair Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hendricks seconded, and it carried unanimously. ✓ HPC 16 -25: Complainant alleged that an officer refused to take her complainant against another officer. Commissioner Gomes motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hendricks seconded, and it carried unanimously. Hawai'i Police Commission Regular Session Minutes June 17, 2016 Page 5 ✓ HPC 16 -26: Complainant alleged that an officer denied her access to her medical marijuana. Vice Chair Morioka motioned to refer the complaint to the Police Chief for further investigation and to address concerns discussed in executive session. Commissioner Buckman seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Schutte announced that the Police Commission's next monthly meeting will be on Friday, July 15, 2016, at 9:00 a.m., West Hawai'i Civic Center, Building G Conference Room, 75 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii. • Collection of files and documents. (Done.) ADJOURNMENT The meeting adjourned at 3:00 p.m. SUBMITTED BY: APPROVED: JOSIE PELAYO, SECRETARY GUY SCHUTTE, CHAIR