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HomeMy WebLinkAbout11-18-16 KPC Open Session Minutes Approved daCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date November 18, 2016 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:00 a.m. End of Meeting: 11:22 a.m. Present Vice -Chair Mary K. Hertog; Members: Catherine Adams, Savita Agarwal, Kevin Mince and Donald (Moki) Okami Sr. Also present: Board & Commissions Office Staff: Support Clerk Darcie Agaran; Administrator Jay Furfaro; Deputy County Attorney Peter Morimoto. Police Department: Assistant Chiefs Roy Asher and Robert Gausephol; Captain Paul Applegate; Lieutenants Scott Kaui and Mark Osaki; Officers Brad Candido, Andrew Muraoka and Lance Okasaki Excused Chair Charles C.C. Iona and Commissioner Gerald (Chip) Bahouth Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Hertog called the meeting to order at 9:00 a.m. with five (5) members present constituting a quorum. Public There was no testimony on any of the open session agenda items. Testimony Approval of Regular Open Session Minutes of October 28, 2016. Minutes Commissioner Okami moved to Commissioner Adams pointed out a correction on Page 5. The lower case letter "g" approve the meeting minutes as in the word "Gallup" should be capitalized. Staff acknowledged Commissioner amended. Commissioner Mince Adams correction and would make the changes. With no further corrections to the seconded the motion. The motion meeting minutes, Vice Chair Hertog called for the motion and the vote. carried 5:0 Special Public Captain Paul Applegate read the recognition for Kawaihau District Commander Lt. Recognition Scott Kaui, Officer Brad Candido, and the officers assigned to the Kawaihau District. submitted by a member of the The commendation read that Officer Candido was praised for his proactive approach Kawaihau by keeping the area safe during the removal of abandoned vehicles alleged to be a District haven for drug related activities. Officer Candido's can -do attitude has earned him the respect and admiration of the entire Kawaihau community. Also included in the commendation was the 911 Dispatchers and their supervisor for their hard work and Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 Page 2 SUBJECT DISCUSSION ACTION dedication in keeping the community safe. The recognition was submitted to the Police Commission via the Office of Boards and Commissions by a grateful citizen in the Kawaihau District. Officers of the In the month of August, Officers Andrew Muraoka, Lance Okasaki and Morris Month for Unutoa were assigned to investigate an incident where several juveniles were alleged October to have committed the offense of promoting child abuse. Further investigation (Deferred on revealed that the juveniles had utilized social media to disseminate the information October 28, about the alleged act. Based on the complex nature of the case and the involvement 2016) of numerous juveniles from the various high schools, the officers held several interviews with the juveniles for their involvement into the alleged incident. In addition to the interviews, the officers took a proactive approach by educating the parents of the juveniles about the dangers and consequences of social media bullying and how certain uses are illegal and could result in criminal charges. Officers Muraoka and Okasaki were presented with a Certificate of Exemplary and Outstanding Service to the Community. Accepting the certificate for Officer Unutoa was Officer John Mullineaux. Officer Unutoa was off - island attending his son's high school championship football game and was not able to attend the meeting. Chiefs Monthly 1. Administrative & Technical Bureau Reports Reports 2. Fiscal Report 3. Investigative Bureau Reports 4. Bench Warrant Tracking 5. Patrol Services Bureau and monthly activity reports 6. Community Oriented Reports 7. Chief's Announcements and Pertinent Updates Assistant Chief Robert Gausephol reported that preparation for the mock "Go- Live" is in its final week and so far everything seems to be going extremely well. A cross section of employees and officers from the various agencies /bureaus got together and engaged in a mock exercise that included simulated 911 calls for various types of Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 Page 3 SUBJECT DISCUSSION ACTION emergencies and incidents. Vice Chair Hertog asked when does KPD anticipate going from the old system to the new Spillman RMS (Records Management Software) system to which A/C Gausephol replied that the actual Go -Live date is set for 5 December. By then most of the various agencies and bureaus will be ready to move forward with full production use. Vice Chair Hertog then asked how KPD plans to migrate its old records into the new RMS system to which A/C Gauesphol replied that the old records are pretty much corrupt. For example, if someone were to pull up a photo of a person, it could turn out to be a picture of a guitar, and so they decided to archive all of the old information, such as arrests and warrants, into a separate database which will still be searchable through the Spillman software and by separating the data, it won't corrupt the new data. In addition, the Department purchased an interface management tool called Insight to manage the data and allow an officer to research archived data from the Spillman software. Without getting into the law enforcement aspect on what occurred two weeks ago where 12 major crimes were committed within a 12 -hour period, Vice Chair Hertog asked A/C Asher if he could provide a brief rundown on what actually occurred to which A/C Asher stated that the incident Vice Chair Hertog was referring to had to do with a gentleman escaping from KCCC (Kaua`i Community Correctional Center). The gentleman in question was adjudicated in another charge and was about to face other State charges but erroneously, Corrections placed him in a Cabin Program which allowed him to be able to walk out which is when he committed the crimes of robbing a bank, hijacking three (3) different vehicles, including a Kauai Bus, and was also alleged to have committed another robbery at a pharmacy where he was able to get some drugs. Subsequently, the gentleman was eventually captured in Koke`e with the help of a member of the community who recognized the man. Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 SUBJECT DISCUSSION ACTION Commissioner Agarwal stated that from what she understands, a lot of time had passed before Corrections discovered that the man was missing and when they finally realized it, more time had passed before they informed KPD of the escape, asking what steps are being taken to address the communication problem, or lack thereof, to which A/C Asher replied that he met and spoke to the senior staff at KCCC and they assured him that the problem would be taken care of immediately. Apparently, KCCC has a tiered notification system and KPD happens to be on the bottom of the list to be notified, but as he said earlier, KCCC is in the process of fixing the problem. Business Discussion and possible action on setting goals for the Kauai Police Department for KPC 2016 -16 Chief Perry to consider that are specific and measurable and thus attainable. (On- going) Vice Chair Hertog asked if any of the Commissioners brought in their suggestions for the Chief to consider. There was no response from the Commissioners. KPC 2016 -17 Presentation by the Permitted Interaction Group (PIG) on its recommendation to host the 2017 State of Hawaii Police Commissioners' Conference on Kauai. (On- going) Vice Chair Hertog reported that the PIG did not have a chance to meet yet, but would schedule a meeting for some time in early December. She asked if any of the Commissioners had ideas for a theme for the conference, and if not, to submit their ideas at the next meeting. In the meantime, she would contact the Police Commissioners from the other islands to get a sense of what they would like to hear. She noted that everyone needs to help out in any way they can in order to ensure a successful conference. KPC 2016 -18 Presentation by the Permitted Interaction Group (PIG) on its recommendations to revise the Chief of Police Performance Evaluation Form. Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 Page 5 SUBJECT DISCUSSION ACTION Commissioner Adams reported that they met with HR Director Janine Rapozo and they looked at a generic director -level job evaluation form for anybody in a leadership position in the County. She added that originally, the form HR is proposing was written generically and that HR Director Rapozo indicated that she had no concerns about the Police Commission creating its own form that's more specific for its use to evaluate the Chief of Police. Commissioner Mince reported that following their meeting with HR Director Rapozo, the subcommittee sat down to discuss other items and during the interim, Vice Chair Hertog came up with a list of what she thought were critical factors she found in the other evaluation forms. And from there, he created a matrix of specific critical tasks that were common in the Chief s current evaluation form, the proposed HR form, Honolulu and Hawaii Island evaluation forms, Air Force evaluation form (for high ranking officers) and the California Highway Patrol evaluation form where he was able to flesh each one to create subtasks to break up the work of the task into smaller parts. Commissioner Mince added that after they receive feedback from the Commissioners, as well as the Chief, the next step is to decide what the form would actually look like. What they haven't decided on is what the rating system is going to look like. He explained that a consensus was made that the 1 -5 rating system was not the best system in the world because it lends itself to over inflation across the board; not only with the Chief, but in all ranks. As a result, the subcommittee came up with an idea used by other agencies, including the military, which is you're either successful or unsuccessful. With no further comments or questions, Vice Chair Hertog moved on to the next agenda item. KPC 2016 -19 Discussion regarding the Intermediate Court of Appeals' decision in Kauai Police Commission v. Mayor Bernard P. Carvalho Jr. as it relates to the Police Commission's procedures when exercising its supervisory authority over the Chief of Police. Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 SUBJECT DISCUSSION ACTION Vice Chair Hertog stated that Chair Iona asked her to stress one point that discipline should only occur when strong and compelling issues are brought to the Commission first and foremost. She added that with the Hawaii State Supreme Court ruling the Police Commission can use the mechanisms that were already in place to put things into motion, it will allow the Department to continue functioning without any kind of outside influence. With no further comments, Vice Chair Hertog moved on to the next agenda item. KPC 2016 -20 Vice Chair Hertog read the public announcement for notarized complaint KPC 2016- 006 (2) into the record: After a diligent inquiry by the Commission, in which the Commissioners reviewed the footage of the body worn camera, including listening to the audio, the Kauai Police Commission determined that there was insufficient evidence to support the allegations. All pertinent parties have been notified in writing of the Commission's decision. This officially concluded the Commissioners' review of notarized complaint KPC 2016 -006 (2). Announcements Next regular monthly meeting — Friday, December 16, 2016, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Followed by Executive Session. Administrator Furfaro announced that the training on Native Hawaiian law is scheduled for January 11, 2017. Seating is limited so if any Commissioners are interested in attending the training, they should let him know. More details will be available in early December. Executive Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of the At 9:35 a.m. Commissioner Adams Session Executive Session is for the Commission to consult with its attorney as to the powers, cited the Hawaii Revised Statutes to ES duties, privileges, immunities, and liabilities as they relate to a request from Police bring the meeting into Executive KPC 2016 -016 Chief Darryl Perry to have letters of reprimand removed from his personnel jacket; Session. pending the ruling from the Hawaii Supreme Court to determine the powers of the Mayor and the powers of the Police Commission. (On- going) Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 Page 7 SUBJECT DISCUSSION ACTION ES Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (1 -4) and (b), the KPC 2016 -033 purpose of this Executive Session is for the Commission to approve the Executive Session minutes of October 28, 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 employee or officer 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: Notarized complaint KPC 2016 -007 filed on October 14, 2016, alleges wrongful and ES coercive interrogation by two detectives that lead to the subsequent wrongful arrest of KPC 2016 -034 the complainant. (Deferred on October 28, 2016) ES New notarized complaint KPC 2016 -008 received on October 31, 2016, alleges that KPC 2016 -035 after numerous attempts in trying to contact the officer to get an update on whether he made contact with the perpetrator who damaged the complainant's post and chain, the complainant has yet to receive a call from the officer. ES Notarized request KPC 2016 -009 received on November 1, 2016, requesting that the KPC 2016 -036 Kauai Police Department conduct a proper investigation into an incident that occurred in 1994 in which the complainant was repeatedly sexually assaulted by his estranged girlfriend. At 9:40 a.m. Vice Chair Hertog called for a motion to enter into Executive Session. Commissioner Okami moved to enter into Executive Session, Commissioner Mince seconded the motion. The motion carried 5:0 Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 '._- : SUBJECT DISCUSSION ACTION Return to Open At 11:21 a.m. the Commission reconvened in Open Session. Commissioner Adams moved to ratify Session to ratify Vice Chair Hertog called for a motion to ratify the actions taken in Executive the actions taken in Executive Session. the actions taken Session. Commissioner Mince seconded the in Executive motion. Session The motion carried 4:0. ES KPC 2016 -16: ES KPC 2016 -033: Motion carried 5:0 to approve the Executive Session meeting minutes of October 28, 2016. ES KPC 2016 -034: Motion carried 4:0 to defer to another date to be determined. ES KPC 2016 -035: Motion carried 4:0 to refer the complaint to the Office of the Chief. ES KPC 2016 -036: Motion carried 4:0 to defer to the December meeting. Adjournment With no further business to conduct, Vice Chair Hertog called for a motion to adjourn Commissioner Adams moved to the meeting. At 11:22 a.m. the meeting adjourned. adjourn. Commissioner Okami seconded the motion. The motion carried 4:0. Kauai Police Commission Regular Open Session Meeting Minutes November 18, 2016 Submitted by: Mercedes Omo, Staff Support Clerk (x) Approved as circulated on: December 16, 2016 O Approved as amended. See minutes of meeting. Approved by: Mary K. Hertog, Vice Chair