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HomeMy WebLinkAboutKauai Police Commission Open Session Min. 8-27-15 approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua‘i Police Commission Mee ting Date August 27, 2015 Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting : 9:05 a.m. End of Meeting : 12:22 p.m. Present Chair; Ernest Kanekoa Jr.; Vice -Chair Charles C.C. Iona; Members: Savita Agarwal, Gerald Bahouth and Donald Okami Sr . Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Jay Furfaro; First Deputy County Attorney Stephen Hall; Kaua‘i Police Department: Chief of Police Darryl Perry; Excused Absent SUBJECT DISCUSSION ACT ION Call To Order Chair Kanekoa called the meeting to order at 9:05 a.m. with five (5) Commissioners present constituting a quorum. Approval of Minutes Regular Open Session Minutes of July 24, 2015. Chair Kanekoa called for a motion to approve the meeting minutes. Vice Chair Iona moved to approve the meeting minutes of July 25, 2015. Commissioner Bahouth seconded the motion. Motion carried 5:0 Officer of the Month Lieutenant Mark Ozaki read the recognition for September o fficer of the month Detective Christopher Calio. Detective Calio of the Investigative Services Bureau was honored for his work on a reckless endangerment complaint with the Patrol Services Bureau about a homemade bomb (constructed by using lithium battery component) that w as found in their driveway which was apparently ignited the night before. The homemade bomb did not explode but caused damage to the victim’s driveway. Detective Calio initiated a thorough investigation and the suspect in the case was believed to be a t eenage male who lived next door. Detective Calio met with the victim and was able to obtain additional Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 2 SUBJECT DISCUSSION ACT ION information and collect material evidence from the victim’s yard . A fingerprint analysis was done and the suspect was later located where he confesse d to the crime during the interview with Detective Calio. Detective Calio spent many of his off -hours to solve this case and was able to bring closure to the victims. Chief Perry presented Detective Calio with a Certificate of Outstanding and Exemplary service for his exceptional investigative skills and dedication to the department and the community. Chief’s Monthly Reports 1. Administrative & Technical Services training reports 2. Fiscal Report 3. Investigative Services Bureau 4. Bench Warrant Tracking 5. Patrol Services Bureau & Traffic Reports 6. Community Oriented and Policing Reports 7. Chief’s announcement and pertinent updates. Chief Perry made the following announcement s:  Officer Paddy Ramson will be retiring at the end of the month after twenty -five years o f service  The 2015 Cop on Top event began at 6 a.m. this morning and will continue throughout Saturday. The event is taking place at Walmart. Lt. Roderick Green Detectives Lenny Nitta and Michael Nii have been chosen to participate in this year’s Cop on Top.  On August 7 th there was another traffic fatality and the suspect was arrested which brings the 2015 total fatalities up to two (2) compared to eight (8) fatalities in 2014 and six (6) fatalities in 2013. Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 3 SUBJECT DISCUSSION ACT ION KPC 2015 -007 Public announcements fo r notarized complaints that was filed with the Kaua‘i Police Commission on June 25, 2015. KPC 2015 -005 Complaint filed on June 25, 2015, alleging that an officer of the county failed to implement and monitor efficient and effective accident investigation procedures. Based on the information available, the Commission found that there was not enough evidence to support the allegations in the complaint. This officially concluded the Commission’s review of complaint KPC 2015 -005. KPC 2015 -006 Complaint fi led on June 25, 2015, alleging that although the complainant complied with the officers’ instructions there has been no convictions of suspects or recovery of the complainant’s stolen property. Based on the information available including testimony, the C ommission found that there was not enough evidence to support the allegations in the complaint. This officially concluded the Commission’s review of complaint KPC 2015 -006. KPC 2015 -007 Complaint filed on June 25, 2015, alleging that after calling 911 O perator to ask for medical assistance for a family member, the officer subsequently arrested the complainant’s family member instead. Based on the information received, the Commissioners found that there was not enough evidence to support the allegations in the complaint. This officially concluded the Commission’s review of complaint KPC 2015 -007. Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 4 SUBJECT DISCUSSION ACT ION Announcements Next regular monthly meeting – Friday, September 25, 2015, at 9:00 a.m. at the Mo`ikeha Building in Meeting Room 2A/2B. Followed by Executive Session. At 9:17 a.m. Vice Chair Iona cited the Hawai‘i Revised Statutes to take the meeting into Executive Session Executive Session ES -33: Pursuant to the Hawai‘i Revised Statutes §92 -4 and §92 -5 (a) (4), the purpose of this Executive Session is fo r the Commission to consult with its attorney as to the powers, duties, privileges, immunities, and liabilities as they may relate to a Declaratory Action to determine the powers of the Mayor and the powers of the Police Commission . (On -going) ES -024: P ursuant to Hawai‘i Revised Statutes §92 -4 and §92 -5 (a) (1) and (4), the Office of the County Attorney requests an Executive Session with the Police Commission, to update the Commission on EEOC Charge Nos. 486 - 2013 -00066, 486 -2013 -00345, 486 -2013 -0047, 486 -2013 -00343, 486 - 2013 -00005, 486 -2013 -00342, concerning the County of Kaua‘i, Kaua‘i Police Department, and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Poli ce Commission and the County as they may relate to this agenda item . (On -going) ES 2015 -025: Pursuant to the Hawai‘i 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 24, 2015, 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 item . Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 5 SUBJECT DISCUSSION ACT ION ES -2015 -02 6 : Pursuant to Hawai‘i Revised Statutes §92 -4, §92 -5 (a) (1), (2), (4) and (5), the Office of the County Attorney request an Executive Session with the Police Commission, to provide a briefing relating to a request from Officer Irvin Magayanes that legal representati on be provided to him by the County of Kaua‘i relating to Criminal No: 15 -1 -0267, State of Hawai‘i v. Irvin Magayanes. This briefing and consultation involves consideration of powers, duties, privileges, immunities and/or liabilities of the Police Commissi on as they may relate to this agenda item . ES -2015:027: Pursuant to Hawai‘i Revised Statutes §92 -4, §92 -5, (a) and (4), the purpose of this Executive Session is for the Commission to consult with its attorney as to the powers, duties, privileges, immun ities and/or liabilities of the Police Commission and the County as they may relate to Human Resources issues . ES -2015:028: Pursuant to Hawai‘i Revised Statutes §92 -4, §92 -5, (a) (2) and (4), 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 of the Kaua‘i Police Commission and the County as they may relate to the consideration and availability of retirement benefits for the Police Chief Darryl Perr y . Notarized complaints and related items Pursuant to Hawai‘i Revised Statutes §92 -4, §92 -5 (a) (2) and (4), the purpose of this Executive Session is for the Commission to consider the evaluation, dismissal, or discipline of an employee or officer of c harges Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 6 SUBJECT DISCUSSION ACT ION brought against the officer or employee, 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 items: ES -009: KPC 2015 -002: Notarized complaint received on March 17, 2015, and filed against an officer o f the county alleging ineffective police communication and conflict of interest in the investigation of the death of a pedestrian . (On - going) (b) Communication dated August 20, 2015, from First Deputy County Attorney Stephen Hall on behalf of the Kaua‘i P olice Commission to the complainant, regarding the disposition of notarized complaint KPC 2015 - 002. ES -021: KPC 2015 -008: Notarized complaint received on June 25, 2105, alleging that the 911 Operator refused to send an ambulance to the complainant’s home citing that the complainant was not at home and at the Pacific Missile Range Facility at Barking Sands . (Deferred on July 24, 2015) ES -022: KPC 2015 -009: Notarized complaint received on June 25, 2105, alleging that the 911 Operator refused to send an ambulance to the complainant’s home citing that the complainant was not at home and at the Pacific Missile Range Facility at Barking Sands (Deferred on July 24, 2015) ES -023: KPC 2015 -010: Notarized complaint received on June 25, 2105, alleging that an officer of the County violated Article III, Law Enforcement Code of Ethics and Article V. Discipline, Professional Guidelines and Responsibilities of the Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 7 SUBJECT DISCUSSION ACT ION Kaua‘i Police Department’s Standards of Conduct . (Deferred on July 24, 2015) ES -029: KPC 2015 -011: New notarized complaint received on August 11, 2015, alleging that an officer of the County violated the complainant’s civil rights by detaining the complainant without having the proper jurisdiction to do so . KPC 2015: ES -030: Report from Chief o f Police Darry Perry regarding decisions that were made relating to notarized complaints: KPC 2013 -015, KPC 2013 -016, KPC 2014 -005, KPC 2014 -013, KPC 2014 -017, KPC 2014 -018, and KPC 2014 -020, that was filed with the K aua‘i Police Commission. KPC 2015 -03 1: Discussion on the 2015 Performance Evaluation for Police Chief Darryl Perry  Selection of a minimum of eight (8) potential Stakeholder Chair Kanekoa called for a motion to enter into Executive Session. At 9:25 a.m. the Commission entered into Executive Sessio n. Commissioner Agarwal moved to take the meeting into Executive Session. Commissioner Okami seconded the motion. Motion carried 5:0 Return to Open Session to ratify the actions taken in Executive Session At 12:21 p.m. the Commission reconv ened in Open Session. Chair Kanekoa called for a motion to ratify the actions taken by the Commissioners in Executive Session. Vice Chair Iona moved to ratify the actions taken by the Commission in Executive Session. Commissioner Bahouth seconded the mot ion. Motion carried 4:0 ES -33: (On -going) ES -024: (On -going) ES 2015 -025: Motion carried 5:0 to approve the meeting minutes of July 24, 2015. ES 2015 -07: No action taken. ES 2015 -028: Motion carried 5:0 to valid that Kaua‘i Police Commission Regular Meeting - Open Session August 27, 2015 Page 8 SUBJECT DISCUSSION ACT ION the Chief’s position was hard to fill. ES -009: KPC 2015 -002: (On -going) ES -021: KPC 2015 -008: Motion carried 5:0 to not uphold the complaint. ES -022: KPC 2015 -009: Motion carried 5:0 to not uphold the complaint. ES -023: KPC -010: Motion carried 4:0 to send the complaint to the Off ice of the Chief for further investigation. ES KPC 2015 -030: Motion carried 4:0 to receive the Chief’s report on the disposition relating to previous notarized complaints that was filed by citizens and forwarded to the Office of the Chief for further revi ew. ES KPC 2015 -031: Motion carried 4:0 to approve the names of the stakeholders. Adjournment Chair Kanekoa called for a motion to adjourn the meeting. Vice Chair Iona moved to adjourn the meeting. Commissioner Agarwal seconded the motion. Motion ca rried 4:0 At 12:22 p.m. the meeting adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo , Staff Support Clerk Ernest Kan ekoa Jr., Chair (x) Approved as circulate d on September 25, 2015 . ( ) Approved as amended . See minutes of ___________ meeting.