Loading...
HomeMy WebLinkAbout10-28-16 Meeting Minutes Approved as amended da1COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board /Committee: Kauai Police Commission Meeting Date October 28, 2016 Location Mo'ikeha Building — Meeting Room 2A /B Start of Meeting: 9:00 a.m. End of Meeting: 12:07 p.m. Present Chair Charles C.C. Iona; Vice -Chair Mary K. Hertog; Members: Savita Agarwal, Gerald (Chip) Bahouth, Kevin Mince and Donald (Moki) Okami Sr. Also present: Board & Commissions Office Staff. Support Clerks Mercedes Omo and Darcie Agaran; Administrator Jay Furfaro; Office of the County Attorney: Deputy County Attorney Peter Morimoto; Police Department: Deputy Chief of Police Michael Contrades; Assistant Chiefs Roy Asher and Robert Gausephol; Detective Darren Rose. Excused Commissioner Catherine Adams Absent SUBJECT DISCUSSION ACTION Call To Order At 9:00 a.m. Chair Iona called the meeting to order with six (6) members present constituting a quorum. Public None. Testimony Approval of Regular Open Session Minutes of September 23, 2016. Minutes Vice Chair Hertog pointed out that a correction needs to be made on Page 9, the word "hulling" should be "hauling ". Staff acknowledged the correction and would make the correction to the minutes. Commissioner Mince asked if the officer who was working off -duty was in concurrence with her supervisor to execute the necessary paperwork for the search warrant, citing liability issues. Deputy Chief Contrades explained that based on the collective bargaining agreement, any officer who is off -duty and performs official business must be compensated for the work performed even while off-duty. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 2 SUBJECT DISCUSSION ACTION Assistant Chief Roy Asher explained further that there are circumstances where an officer is on -duty and he or she develops a case and finds probable cause to obtain a search warrant. Once the search warrant is signed, it becomes time - sensitive for court purposes and, in some circumstances, the vehicle must be returned because it's the only form of transportation for the family. With no further comments or corrections to the minutes, Chair Iona called for a motion to Commissioner Agarwal moved to approve the meeting minutes as amended. approve the meeting minutes as amended. Commissioner Mince seconded the motion. The motion carried 6:0. Recognition Detective Darren Rose was the Kauai Police Department's 2016 nominee for the Hawaii State Law Enforcement Officer of the Year. Detective Rose, a 15 -year veteran of the department, was honored for his exceptional investigative work as a detective assigned to the Investigative Services Bureau, Detective Rose was assigned to re- investigate cold case homicides, as well as investigate sexual assault cases where he made excellent progress on several that led to the indictments against the suspect(s). Deputy Chief Contrades presented Detective Rose with a plaque in recognition of his outstanding work and investigative skills. Commendation There was one letter of commendation received involving three (3) personnel in the Report Kauai Police Department. Economic Development Specialist Melissa Mae Sugai wrote to commend Officers Hanson Hsu, Kalam Apilado and Creighton Tamagawa for their professionalism while conducting an arrest during an event. Ms. Sugai was impressed by how their initial presence and subsequent interaction with the subject caused little to no interruption. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 3 SUBJECT DISCUSSION ACTION Chief's Monthly 1. Administrative and Technical Bureau — Recruitment, Records Section and Reports Training Reports 2. Fiscal Report 3. Investigative Services Bureau — General Crimes /Major Crimes Section, Special Focus Section and Vice Section and Community Relations Unit 4. Bench Warrant Tracking 5. Patrol Services Bureau Quarterly Reports /Traffic Reports 6. Community Oriented Policing Traffic Safety Section 7. Community Oriented District Reports for the Li -hu`e, Kawaihau and Waimea 8. Chief's Announcements and Pertinent Updates Vice Chair Hertog asked for an update on the $31,000 JAG grant to reduce drug- related crimes. Deputy Chief Contrades reported that the Department was successful in securing the grant and the monies will be utilized by the Hawaii narcotics taskforce to pay for overtime in drug- related investigations, canine upkeep, as well as maintenance and training. Vice Chair Hertog asked for an update on the work load assessment. Deputy Chief Contrades reported that the matrix consultants were on Kauai to gather the data and as of right now, they are in the process of analyzing the data. The report will be available in December; at which time the Commissioners will briefed on the results at the December meeting. Additionally, Vice Chair Hertog asked for an update on the Rape Kits. Deputy Chief Contrades reported that KPD is now up -to -date. In total, there were 226 kits tested and the vast majority has been sent out, which includes six (6) from this year; one of which has been sent for testing and the remaining five (5) are pending investigation. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. SUBJECT DISCUSSION ACTION Commissioner Mince asked when would the next recruit class start to which Deputy Chief Contrades replied the next recruit class will start in January 2017, noting that in the month of October, there were three (3) new hires who are now in process of doing abbreviated training at which point they will be assigned to cellblock as they continue to do more background checks and recruiting. Commissioner Mince asked how many new recruits the Department expects to have in January to which Deputy Chief Contrades replied hopefully ten (10) new recruits. Commissioner Mince pointed out that the report reflects twenty -one (21) vacant positions, asking if there was anything the Commission can do to help with the recruitment efforts to which Deputy Contrades replied that out of the twenty -one (21) vacancies, four (4) are for traffic monitors, six (6) are for the COPS Grant, and the remaining vacancies are slated for promotions, which would bring the vacant positions for Police Services Officers down to eight (8). He added that KPD is constantly looking for different ways to enhance its recruitment efforts and welcomes any suggestions. With no further questions, Deputy Chief Contrades made the following announcements: • Relative to the new CAD Records Management System, the Department has just completed a department -wide training and will be having a mock "go- live" the week of November 14th through the 18th. December 5th is the target date. • Text -to -911 Service launches in Hawaii • Dave Hunt, David Phillips and Kevin Kamakam are the three (3) new Police Service Officers who are currently going through training. • KPD is going through its promotional process and will be making an announcement at the end of November. The ceremony date is set for December 2nd • Chief Perry, Deputy Chief Contrades will be heading to South Carolina on Monday, October 31St to be interviewed by the CALEA Review Board. • Relative to the budget, KPD is on track; however, there are concerns relating to Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 5 SUBJECT DISCUSSION ACTION overtime expenditures. With the suggestion by Commissioner Mince, the overtime was handed to the commanders who will now have to manage their own budget. • The person suspected of committing burglaries in the Lihu`e area was located and arrested. • Deputy Chief Contrades shared a recent Gallup poll showing America's support and respect for police officers is up to 76% from 56% in 2015. Chair Iona stated that as the Department continues to move forward, it will have to face a lot of fiscal challenges and he doesn't see how the Department can continue to cut its budget further. Deputy Chief Contrades stated that for the last three (3) years, unlike the other departments, KPD has fulfilled what was asked of them by the Administration, and after all is said and done, KPD is at the point where it cannot give anymore. In regard to the workmen's compensation claims, the money to pay those claims had to come from the Department's normal budget, which meant that they had to take the money out of the salaries or overtime to pay those claims. The same goes for vacation payout. If someone were to retire, resign or was terminated, the money would have to come from the budget because there is no line item to cover the cost. Last year alone, the Department had to pay out $600,000 in workmen's comp claims and although measures were taken to try to correct the problem(s), a lot of those claims were deemed legit. Commissioner Bahouth asked if HR manages all of the Department's workmen's comp claims or is it handled internally. Deputy Chief Contrades replied that the reporting part falls on the Department, but the actual handling of the claims are done at HR. Commissioner Bahouth asked if HR uses an outside agency to handle the claims to which Deputy Chief Contrades replied there are a few outside firms that handle all of the County's workmen's comp claims. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. SUBJECT DISCUSSION ACTION Commissioner Mince asked if contract salary increases are slated for next year to which Deputy Chief Contrades replied presently, the Department is in negotiations and the union is asking for raises, which would have to go through arbitration. Commissioner Mince asked if the Department is currently in a multi -year contract to which Deputy Chief Contrades replied yes, and it ends in July 2017. Commissioner Bahouth asked if the negotiations are done separately by each County to which Chair Iona replied the negotiations come under a master agreement. With no further questions, Chair Iona moved to the next agenda item. Business Discussion and possible action to approve the final draft of the Kauai Police Commission KPC 2016 -10 Rules of Administrative Practice and Procedures and set a date for the public hearing_ (On-going) Vice Chair Hertog stated that the final changes have been made to the two outstanding items. The first change is for individual(s) who are incarcerated to be able to file charges and not having the complaint notarized. The second change, relating to political activities, is to clarify what the Commissioners are allowed or not allowed to engage in. Attorney Morimoto explained that in relation to an individual(s) who is incarcerated, he took the language from Section 710 -1060 of the Hawaii Revised Statutes and included it in Rule 3 -1 as such: "if a person commits an offense of perjury in any official proceeding under oath required or authorized by law a false statement which the person does not believe to be true. " He further explained that if a person submits a false statement and signs the declaration affirming that the statement is true, that person could be subjected to perjury charges. He added that he made an inquiry to Acting Lieutenant James Miller to get an idea of how many prisoners are actually sent over to KCCC that are not identified. According to Lt. Miller, he could not recall a single prisoner where they could not be identified either through fingerprint or by some other means. Generally, when a prisoner(s) is transported to KCCC, their identities are known at the time, and so the Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016, Page 7 SUBJECT DISCUSSION ACTION problem of someone claiming to be someone else and signing the declaration would be fairly slim. Attorney Morimoto stated that he added another phrase to the draft to read as such: "in lieu of a notarized statement, an unworn declaration may be made by an incarcerated person, in writing, subscribed as true under penalty of law, and dated, in substantially the following form: I, (name of the person), do declare under penalty of law, that the foregoing is true and correct. " Attorney Morimoto stated that the language would only allow an incarcerated person; anyone else would have to go through the notary process. Chair Iona asked if an incarcerated person has to sign the document to which Attorney Morimoto replied yes, but it doesn't have to be notarized. Commissioner Bahouth asked what happens if the person lied to which Attorney Morimoto replied the person could be subjected to a perjury charge. With no further questions or comments, Vice Chair Hertog called for a motion to approve Commissioner Okami moved to the language for Rule 3 -1 as proposed by Attorney Morimoto. approve the language to Rule 3 -1, as submitted. Commissioner In regard to new proposed Rule 3 -4, Political Activities, Attorney Morimoto stated that at Mince seconded the motion, the last meeting, Chair Iona requested that he include specific language regarding political The motion carried 6:0. activities for Police Commissioners to read as such: "Police Commissioners are prohibited from engaging in campaign activities in their capacity as a police commissioner, representing themselves as a police commissioner when engaging in campaign activities, or using their authority as a police commissioner to engage in campaign activities. if Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. '._- : SUBJECT DISCUSSION ACTION For clarification, Chair Iona asked if Commissioners' powers are limited only to the meetings and for the rest of the month and hours in the day, the Commissioners are not bound to the rule to which Attorney Morimoto replied correct, and explained that the rule only applies if a Commissioner (outside of a regularly scheduled meeting) uses their authority as a Police Commissioner to engage in campaign activities. Commissioner Bahouth stated that what he's concerned about is the media's perception because they may perceive the individual as a Police Commissioner versus a normal citizen. Attorney Morimoto stated that in that case, it would not directly affect the Commissioner because the Commissioner was not the one who reached out to the media. Commissioner Mince stated that the Charter directs the Police Commission to adopt rules on political activities by members of KPD. As it currently stands, the Commission does not have anything in its rules that addresses the issue. Vice Chair Hertog stated that KPD already has a General Order to address the issue to which Commissioner Mince replied that may be so, but the Charter directs the Commission to direct KPD to adopt rules regarding political activities by officers, which is what Rule 3 -4 Alternative No. 1 does. But according to the Alternative No. 1, there's nothing in it that states the Commission shall direct KPD to adopt such rules, but Alternative No. 2 does. Therefore, he would like to suggest that the Commissioners take Rule 3 -4 Alternative No. 1 and the last paragraph of Rule 3 -4 Alternative No. 2 and add it to Alternative No. 1 that way the Commission can remove the language relating to selling and purchasing of campaign tickets, holding meetings, etc. By doing so, the Commission would accomplish what the Charter says and the Police Commissioners would be part of the Police Department for purposes of political activities. Attorney Morimoto stated that the Charter already states that the Police Commission is part of the Police Department. Commissioner Mince stated that he agrees, but there's nothing in the Police Commission's rules that addresses it. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. SUBJECT DISCUSSION ACTION Attorney Morimoto stated that he would hope that during the Commissioner's orientation they are told what their duties are and given the section of the Charter that refers to the Police Commission. Vice Chair Hertog stated that the Commissioners don't get that and, in fact, when we go through the training, it's pretty general in terms of the Charter. Attorney Morimoto stated that there's a new sheriff in town and he is going to make sure that the Commissioners are well - informed. Vice Chair Hertog stated that to address Commissioner Mince's concerns, she would like to suggest changing the language of Rule 3 -4 to say: "All members of KPD (Police Commissioners are considered members of KPD) shall comply with all State and Federal laws regulating the political activities ofgovernment employees. " Commissioner Mince noted that the change would address his concerns. Attorney Morimoto suggested the following language: "All members, officers and employees of the Kaua `i Police Department, including but not limited to Police Commissioners shall comply with all State and Federal laws regulating political activities of government employees ". With no further questions or comments, Vice Chair Hertog called for a motion to accept Commissioner Agarwal moved to Rule 3 -4 as modified by Attorney Morimoto, accept the language to Rule 3 -4 as modified by Attorney Morimoto, Commissioner Okami seconded the motion. The motion carried 6:0. Vice Chair Hertog announced that the Public Hearing is set for Friday, December 16 tH Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 10 SUBJECT DISCUSSION ACTION KPC 2016 -15 Discussion and action on forming a Permitted Interaction Group according to Sunshine Law Requirements to look into revising the Chief of Police Performance Evaluation Form. Vice Chair Hertog stated that at the last Commission meeting, the Commissioners all agreed that a PIG was necessary to conduct inquiries with the necessary parties to revise the Chief of Police Evaluation form. The subcommittee members would consist of Commissioners Adams and Mince, as well as herself. Chair Iona called for a motion to establish a Permitted Interaction Group consisting of Commissioner Agarwal moved Vice Chair Hertog, Commissioner Adams and Commissioner Mince. that a PIG be established. Commissioner Okami seconded the motion. The motion carried 6:0. KPC 2016 -16 Discussion on setting goals for the Kauai Police Department for Chief Perry to consider that are specific and measurable and thus attainable. Deputy Chief Contrades reported that members in KPD are currently working on setting new goals for the upcoming year and from what he understands, the Chief wanted the Commission to come up with a few suggestions of their own for him and the Chief to consider. Chair Iona called for a motion to defer item KPC 2016 -16 for continued discussion at the Commissioner Okami moved to Commission's next meeting in November. He noted to the Commissioners to send their defer item KPC 2016 -16 to the suggestions to Mercedes for distribution at the next meeting. November meeting. Commissioner Bahouth seconded the motion. The motion carried 6:0. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 11 SUBJECT DISCUSSION ACTION KPC 2016 -17 Discussion on hosting the 2017 State of Hawaii Police Commissioners' Conference on Kauai. Chair Iona stated that the planning normally consists of selecting the venue, speakers, Commissioner Bahouth moved registration fee and theme. Staff would contact the secretaries from the other that a PIG be established to look Commissions to coordinate the date and time of the event. With that being said, Chair into planning the event. Iona called for volunteers to serve on the PIG. Vice Chair Hertog, Commissioner Bahouth Commissioner Mince seconded and Commissioner Agarwal all volunteered to serve on the PIG. the motion. The motion carried 6:0. Chair Iona called for a motion. KPC 2016 -18 Letter of appreciation dated September 21, 2016 from President Barack Obama to Chief of Vice Chair Hertog moved to Police Darryl Perry, thanking the Chief for sharing his experience with him and how receive item KPC 2016 -18. deeply grateful he is to the brave men and women in uniform who serve and protect Commissioner Bahouth seconded families and communities across America. the motion. The motion carried 6:0. Announcements Chair Iona announced that in lieu of the Thanksgiving Holiday, the Commission's next meeting has been rescheduled to Friday, November 18, 2016. Executive At 10:12 a.m. Vice Chair Hertog cited the Hawaii Revised Statutes to bring the meeting Session into Executive Session. ES KPC Pursuant to Hawaii Revised Statutes §92 -4, §92 -5 (a) (4), §92 -9 (a) (1 -4) and (b), the 2016 -030 purpose of this Executive Session is for the Commission to approve the Executive Session minutes of September 23, 2016, and to consult with its attorney on issues pertaining to o the Commission and the Count powers, duties, privileges, immunities, and /or liabilities as they may relate to this agenda item. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 12 SUBJECT DISCUSSION ACTION ES KPC 2016 -031 Pursuant to Hawaii Revised Statutes 02 -4, X92 -5 (a) (2 ) and (4), the purpose of this Executive Session is for the Commission to review the results of Chief Perry's 2016 Annual Performance Evaluation, where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, pen meeting shall be held; and to consult with the Commissions attorney on issues pertaining to the Commission and the County's powers, duties, privileges, immunities, and /or liabilities as they may relate to this item. Pursuant to Hawaii Revised Statutes 02 -4, 02 -5 (a) (2 ) and (4), the purpose of this Executive Session is for the Commission consider charges ght 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 and the Count's powers, duties, privileges, immunities, and /or liabilities as they may relate to the following agenda items: ES KPC 2016 -032 Notarized complaint KPC 2016 -006 (2) filed on September 12, 2016, alleges that an officer in the County intentionally assaulted, threaten, intimidated and harassed the complainant into signing a traffic citation. ES KPC 2016 -033 Notarized complaint KPC 2016 -007 filed on October 14, 2016, alleges wrongful and Commissioner Okami moved to enter into Executive Session. Commissioner Bahouth seconded the motion. The motion carried 6:0. At 10:15 a.m. the Commission entered into Executive Session. coercive interrogation by KPD that lead to the subsequent wrongful arrest of the complainant. Chair Iona called for a motion to move into Executive Session, Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016. Page 13 SUBJECT DISCUSSION ACTION Return to Open At 12:07 p.m. the Commission reconvened in Open Session. Commissioner Okami moved to Session to ratify ratify the actions taken in the actions taken Chair Iona called for a motion to ratify the actions taken in Executive Session. Executive Session. Vice Chair in Executive Hertog seconded the motion. Session ES KPC 2016 -030: Motion carried 6:0 to approve the Executive Session meeting minutes of September 23, 2016. ES KPC 2016 -031: (On- going) ES KPC 2016 -032: Motion carried 6:0 to not uphold the complaint. ES KPC 2016 -033: Motion carried 6:0 to defer the item to the November meeting. Adjournment With no further business to conduct, Chair Iona called for a motion to adjourn. Vice Chair Hertog moved to adjourn the meeting. Commissioner Okami seconded the motion. The motion carried 6:0. At 12:07 p.m. the meeting adjourned. Kauai Police Commission Regular Open Session Meeting Minutes of October 28, 2016, Page 14 Submitted by: Reviewed and Approved by: Mercedes Omo, Staff Support Clerk () Approved as circulated on (x) Approved as amended. See meeting minutes of November 18, 2016. Mary K. Hertog, Vice Chair