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Home My WebLink About12-16-16 KPC AgendaCharles C.C. Iona Chair Mary K. Hertog Vice Chair COUNTY OF KAUAI POLICE COMMISSION NOTICE OF MEETING AND AGENDA Friday, December 16, 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 Open Session Meeting Minutes of November 18, 2016 Members: Catherine Adams Savita Agarwal Gerald (Chip) Bahouth Kevin Mince Donald (Moki) Okami Sr. CANCELED— PUBLIC HEARING FOR AMENDMENTS TO THE KAUAI POLICE COMMISSION RULES ON ADMINISTRATIVE PRACTICE AND PROCEDURE EMPLOYEE OF THE MONTH FOR DECEMBER • Dispatcher II Christina Chong -Tim COMMENDATION REPORT CHIEF'S MONTHLY REPORTS 1. Administrative and Technical Bureau — recruitment, records section and training and processed legal documents 2. Fiscal Report 3. Investigative Services Bureau — general /major crimes, special focus, vice and community relations unit 4. Bench Warrant Tracking 5. Patrol Services Bureau - monthly activity and traffic reports 6. Community Oriented Policing — traffic safety section, districting reports for Li -hu`e, Kawaihau and Waimea, dispatch/cellblock 7. Chief's Announcements and Pertinent Updates The Kaua `i County is an Equal Opportunity Employer BUSINESS KPC 2016 -16: Discussion and possible action on setting goals for the Kauai Police Department for Chief Perry to consider that are specific and measurable and thus attainable. (On- going) 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) KPC 2016 -18: Presentation by the Permitted Interaction Group (PIG) on its recommendations to revise the Chief of Police Performance Evaluation Form. (On- going) KPC 2016 -20: Discussion and possible action on the proposed language to the new rule on disciplining the Chief of Police. KPC 2016 -21: Selection of Chair and Vice Chair for 2017. KPC 2016 -22: Approval of the 2017 Police Commission Meeting Schedule. ANNOUNCEMENTS • Next regular monthly meeting - Friday, January 27, 2017, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A /2B, followed by Executive Session. EXECUTIVE SESSION 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: ES KPC 2016 -034: Notarized complaint KPC 2016 -007 filed on October 14, 2016, alleges wrongful and coercive interrogation by two detectives that lead to the subsequent wrongful arrest of the complainant. (Deferred 11/18/16) ES KPC 2016 -036: Notarized request KPC 2016 -009 received on November 1, 2016, requesting that the 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. (Deferred 11/18/16) Kauai Police Commission — Friday, December 16, 2016 ES KPC 2016 -037: New notarized complaint filed on November 16, 2016, alleges that the conduct of an officer conduct was unbecoming and discourteous. While sign waving an officer drove by and made an intimidating remark and physical gesture towards the complainant because of a remark the complainant made while giving testimony at council regarding the Kapa`a substation ES KPC 2016 -038 New notarized complaint filed on December 2, 2016. The complainant is requesting an update on an investigation into an incident that occurred on December 14, 2015, where the complainant alleges that he was assaulted by two police officers. ES KPC 2016 -039: Communication dated November 18, 2016, from Acting Lieutenant James Miller to Chair Charles Iona and members of the Kauai Police Commission regarding notarized complaint KPC 2016- 006 (2). ES KPC 2016 -040: Communication dated December 6, 2016, from Lieutenant James Miller to Vice Chair Mary Kay Hertog and Commission Members regarding notarized complaint KPC 2016 -008. ES KPC 2016 -041: Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (2) (4) and (8), the purpose of this 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 dated December 5, 2016, from Chief of Police Darryl Perry to Chair Charles C.C. Iona. A request to be reimbursed for all legal attorney's fees and out -of- pocket expenses related to illegal actions taken against the Chief by Mayor Carvalho, et.al. ES KPC 2016 -042: 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 November 18, 2016, and to consult with its attorney on issues pertaining to the Commission's powers, duties, privileges, immunities, and/or liabilities. RETURN TO OPEN SESSION Ratify the actions taken by Police Commission in Executive Session for the following agenda items: ES KPC 2016 -034, ES KPC 2016 -036, ES KPC 2016 -037, ES KPC 2016 -038, ES KPC 2016 -039, ES KPC 2016 -040, ES KPC 2016 -041 and ES KPC 2016 -042. 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. Kauai Police Commission — Friday, December 16, 2016 ADJOURNMENT cc: Deputy County Attorney Peter Morimoto Chief of Police Darryl Perry PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comment only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting. While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to person(s) wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Kaua'i Police Commission Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 E -Mail: mromo&kauai.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, December 16, 2016