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HomeMy WebLinkAbout01-27-17 PC Approved Open Session Meeting Minutes COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua‘i Police Commission Meeting Date January 27, 2017 Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting: 9:00 a.m. End of Meeting: 11:01 a.m. Present Chair Mary K. Hertog; Vice-Chair Gerald (Chip) Bahouth; Members: Catherine Adams, Savita Agarwal, Roy Morita, Kevin Mince and Donald (Moki) Okami Sr. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Deputy County Attorney Peter Morimoto. Police Department: Chief of Police Darryl D. Perry; Deputy Chief Michael Contrades; Lieutenant Excused Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the meeting being called to order, Administrative Assistant to the County Clerk Eddie Topenio gave the Oath of Office to Commissioner Gerald (Chip) Bahouth and new Commissioner Roy Morita. 1st Terms ending 12/31/2019. Chair Hertog called the meeting to order at 9:00 a.m. with seven Commissioners present constituting a quorum. Chair’s remarks Chair Hertog welcomed new Commissioner Roy Morita to the Police Commission. Mr. Morita gave a brief history of himself. Chair Hertog asked the Commissioners to prevent from losing a quorum and then have to wait until the following month to the review the footage obtained by the body worn camera as well as listen to the audio recording, if they could adjust their schedules and plan to be at meeting from 9 a.m. till 12 p.m. She noted that staff will inform everyone ahead time if the materials that needs to be reviewed are lengthy. Chair Hertog said 2016 was a very busy year for the Commissions since it took on the task of revising the Commission’s rules, the Chief’s performance evaluation and the Chief’s job description. She said by April everything should be completed and once the final draft of the Commission’s rules is approved it can go out for public hearing. Additionally, Chair Hertog asked the Commissioners to review the Kaua‘i County Charter Article XI, section 11.03 General Powers of the Commission as reminder to Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 2 SUBJECT DISCUSSION ACTION stay within the purview of the Commission’s duties and responsibilities and not interfere with the daily operations of the Police Department. She shared with the composition of the Police Commission at the forefront of discussion at the state legislature it would not surprise her if there’s more legislation pending, asking if the Commissioners could remain 10 minutes after the meeting so she could brief them on the possibility of submitting testimony against the measure. At 9:10 a.m. Deputy County Attorney Morimoto entered the room. Approval of Minutes Regular Open Session Minutes of December 16, 2016. Ms. Adams moved to approve the meeting minutes of December 16, 2016. Mr. Mince seconded the motion. The motion carried 7:0. Officers and Employees of the Month Deputy Chief of Police Michael Contrades read the recognition for Detective Christopher Calio, Lieutenants James Miller and Jon Takamura, Sergeants Jason Matsuoka and Troy Sakaguchi and KPD Secretary Johnette Chun and Laura Sanders for being instrumental in getting the Kaua‘i Police Department CALEA (Commission on Accreditation for Law Enforcement Agencies) certified. He also credited the many individuals both with the organizations and outside the organization for their assistance, under the leadership of the accreditation team. Over the course of 4 long years of developing polices, policy review, practical application of policies, acquisition of prove of compliant, a mock assessment, audits of KPD’s policies, and onsite assessment and answering questions before the CALEA Review Board, on November 5, 2016, the Kaua‘i Police Department was bestowed the honor of being recognized as an accredited law enforcement agency. Detective Calio, Lieutenant Takamura and CALEA were not present during the presentation but will be recognized at a later date. Chief Perry presented the honorees with a certificate of outstanding service. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 3 SUBJECT DISCUSSION ACTION Chief’s Monthly Reports 1. Administrative & Technical Bureau December 2016 Report 2. Investigative Services Bureau – General Crimes/Major Crimes Section, Special Focus, Community Relations Unit and Vice Section 3. Patrol Services Bureau 4. Community Oriented Policing Reports 5. Dispatch/Cellblock Reports 6. Chief’s announcements and pertinent updates Administrative & Technical Reports Chief Perry called upon Assistant Robert Gausephol to provide clarification on the 20 vacant police officer positions. A/C Gausephol explained that out of the 20 vacant police officer positions 6 are COPS Grant positions and 4 are traffic safety monitors. He stated in January 2017 the department filled 4 additional positions reducing the count of vacant positions down to 6. In regard, to the vacant civilian positions, the department wants to hire at least 3 civilians by February and 2 more dispatchers within the next couple of months. He added that part of its extensive recruitment efforts include a paid advertisement on the local channel as well as attending numerous job fairs. Mr. Mince asked if the Cops grant is federal money, and if yes, does it ever expire at some point? A/C Gausephol replied yes, and they have to report to the grant provider on the progress of the department’s recruitment efforts. Mr. Mince asked if anyone had been hired with the funds from the COPS grant. A/C Gausephol said the six (6) 6 police officers positions that were recently filled were made possible by the Cops grant. Additionally, Mr. Mince asked relative to the department’s on-going recruitment which is accessible on the County’s website to his knowledge you cannot have on-going recruitment because it’s an open and close; is there a reason why the Department cannot work with the County to have continuous filing to help build up a reserve of potential candidates the department can call upon to Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 4 SUBJECT DISCUSSION ACTION take the test once more positions are opened. A/C Gausephol said it’s not under their purview but he can certainly look into it. Ms. Agarwal asked with all of the negative press surrounding the police departments what the Police Commission can do to help boost the Department’s recruitment efforts. A/C Gausephol said the Kaua‘i Police Department is unique in a way that it doesn’t have the type of problems the other departments on the mainland have including Oahu and that their recruitment efforts are going well. Mr. Morita asked if it’s true that when someone is about to retire the Department cannot go out to look for a replacement until the person actually leaves. A/C Gausephol said each employee is assigned a position number and they cannot fill that number until the person’s employment is officially terminated. However, the Department does have a reserve of as needed numbers they can use to fill a position, but they haven’t gotten to that point yet. Mr. Mince asked A/C Gauesphol if he could touch upon the recent recruit class. A/C Gausephol said that the 88th Police Recruit class began their 7 month training program. Mr. Mince asked if there were any female recruits. Chair Hertog said there is one female recruit and both she and Ms. Agarwal got to spend an hour with the recruits and each one of them comes from a diverse background and are well educated. A/C Gausephol said they are always looking for female recruits but a lot times they are difficult to find because they are not drawn to the profession. Chief Perry said with respect to the Department’s outreach program, yesterday, the Vice Unit went to the All Saints Preschool in Kapa‘a and conducted a community oriented policing activities. The officer’s set-up displays which included the Incident Command Vehicle as well as a marked Patrol Sport Utility Vehicle. The officers also spoke to the kids about “Stranger Danger”, which relates to Mr. Morita concerns about Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 5 SUBJECT DISCUSSION ACTION an incident that involved a young girl when a stranger tried to offer her a ride. The girl did not attend Wilcox Elementary School but was a student at a Charter School and was dropped off at Wilcox. A call came in from the girl’s mother to report that a stranger tried to offer her daughter a ride. Subsequently KPD initiated an investigation which is still on-going and School Superintendent Bill Arakaki sent out a notice to all of the different schools to keep them on notice. KPD is also soliciting the public to call them if they have any new information. Chief’s announcements/pertinent updates  On February 3-10, 2017, Chief Perry will be traveling to Washington DC to attend the National Narcotics Association Coalition/High Intensity Drug Trafficking Conference. While there he will be meeting with Hawai‘i Senators Brian Schaltz, Mazie Hirono and Representative Colleen Hanabusa. A meeting with Representative Tulsi Gabbard is still pending.  There is a White House initiative to reduce the national debt certain programs may be slated to be cut which includes funding for cooperation for public broadcasting, economic development administration which supports destressed communities and the office of community oriented policing services which will have a direct impact on the Cops Grant. Others include the office against violence against woman and the civil rights division of the Justice Department.  KPD has been actively working with the Mayor’s office on its budget and will present it to the Commission at a later date.  KPD is tracking bills relating to marijuana, traffic fines increases, body worn cameras and fire arms regulations. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 6 SUBJECT DISCUSSION ACTION  The Mayor’s veto against a bill to allow drinking of alcohol beverages at the Wailua Golf course was sustained.  Budget Manager and Chief Procurement Officer Ernest Barreira will be present at the next meeting to brief the Commission on procurement practices and regulations surrounding the use of the P-Card plus audit requirements.  Para DNA expert Stephanie Regan will be present at the Commission’s next meeting to brief the Commissioners on what her job entails and what para DNA testing can offer the Department.  General update on the legislation inquiry on the use of the Body Worn Cameras. Business KPC 2016-16 Discussion and possible action on setting goals for the Kaua’i Police Department for Chief Perry to consider that are specific and measurable and thus attainable. (On- going) Chief Perry reported a progress report will be submitted quarterly which will include Crime Prevention – Implementation of six (6) Neighborhood Crime Watch Programs; Narcotics Enforcement – Replace K9 drug dogs due to retirement; Succession Planning – Develop and implement a curriculum to better prepare sworn officers for promotional process; Crime Reduction – Decrease the number of outstanding bench/arrest warrants by 20 percent; Traffic Safety – Increase enforcement of moving violations by 10 percent above 2016 totals; and Expand Response Capabilities – Establish a Crisis Intervention Team (CIT) and provide training for first responders to specifically deal with person (s) with mental health issues without having to push them through the judicial system. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 7 SUBJECT DISCUSSION ACTION As for the goals for the Police Commission the report will provide and update on the Implementation of the Burglary Alarm Ordinance; Standards set forth by the Department of Justice regarding Uniform Crime Reporting data, testing of sex assault kits; and minimizing road closures times after major traffic collisions. Mr. Mince asked if the goals are proposed or are they already in place. Chair Hertog said all of the goals the Chief mentioned are in place. KPC 2016-17 Report by the Permitted Interaction Committee on its recommendation to host the 2017 State of Hawai‘i Police Commissioners’ conference on Kaua‘i. Staff reported that the date of the conference is on May 11 -12, 2017 at the Kaua‘i Marriott Resort & Beach Club in Līhu‘e. Vice Chair Bahouth reported the PIG will be solidifying the pricing to stay within the budget. Chair Hertog reported what will be needed is a variety of guest speakers and would like to include some workshops if possible instead of the typical briefings. Chair Hertog said what she will need from the Commissioners is some ideas to make the conference valuable for everyone attending. KPC 2016-18 KPC 2017-01 Report by the Permitted Interaction Group (PIG) on its recommendations to revise the Chief of Police Performance Evaluation Form to include providing the Chief with feedback as it relates to his performance evaluation and a probationary period for the new police chief. (On-going) Mr. Mince said that he would like to take items KPC 2016-18 and KPC 2017-01 at the same time since both items interact. Chair Hertog agreed. Discussion on adding two new rules to the Kaua‘i County Police Commission Rules on Administrative Practice and Procedure as it relates to an organizational history for the Chief’s evaluation and a probationary period for the new police chief. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 8 SUBJECT DISCUSSION ACTION Mr. Mince said to bring Mr. Morita up to speed he would like to provide some history on what the Commission is working on. He explained that for the last year, the Commission has been working on revising the Administrative Police Commission Rules which is more than 75% completed. In process, the Commission discovered that there were certain things that were vague and the Chief’s performance appraisal was not as good as the Commissioners wanted it to be because there was no feedback mechanism in place. And so, the Commission revised its rules, completed a new appraisal form was adopted by the Commission and approved by Chair Hertog and HR Director Janine Rapozo. He further explained that out of the discussions the PIG had with Ms. Rapozo, the question came up should the new chief serve a probationary period. As it stands right now, there’s nothing in the Commissions current rules that talks about a probationary period, and according to Ms. Rapozo none of the department heads in Kaua‘i government have a probationary period with the exception of the police officers who has a one year probationary period and a six (6) month probationary period upon promotion. Mr. Mince said at the Chair’s request he sent an email to all of the Commissioners asking should the Chief serve a six (6) month or a twelve (12) month probationary period. But after giving it some thought he realized that his message may have implied that there had to be a probationary period, which is not what he meant. And so, he would like pose the question again should the chief serve a probationary period yes or no. Chair Hertog said she along with the Vice Chair and Chief Perry all agreed that there should be no probationary period. And as for those who said yes, the Chief should be given probationary period, she would like hear their reasoning behind their decision. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 9 SUBJECT DISCUSSION ACTION Mr. Okami said he found that a couple of police departments in the United States does have probationary periods for the chiefs. He understands in the past, the hiring process was based upon paperwork, interview and how they did at their former police department. But throughout his experience he has come across a lot of people who on paper looks good but when they start things start to go array. He said the probationary period is like an HR tool which will help the Commission know if the person is not fitting in with the officers or not fitting in with the culture. It will also give the Commission the opportunity to measure the Chief’s performance for that year to see if they are working out and if they are not, it will give the Commission the opportunity to give them their walking papers. He added just because no one else does it doesn’t mean it can’t be done. Ms. Adams said her rational behind the probationary period will give the Commission time to evaluate the fit. Are they fitting into the culture and when it comes to relationship do they have a softer side to them then what appears on paper. Mr. Mince said he’s supports the probationary period because it’s a system he grew with. From a human resources perspective when you tell someone they’re on probation it’s a whole lot easier to get rid of them during that one year probationary period. If you don’t have a probationary period you would fall into things that requires a massive amount of documentation in order to get rid of that person. The other side to that is, if and when the Commission has to hire a new police chief and if you have people from the mainland or other places, the Commission would expect them to move here, but in itself can be pretty tough to have someone move to Kaua‘i and they’re place on a one year probation, so it’s a plus and minus. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 10 SUBJECT DISCUSSION ACTION Ms. Agarwal said she didn’t know she had a choice so she chose to have a shorter probationary period. She added what’s important is the Commissioners need to do their homework before hiring anyone especially for a position like the chief of police therefore she supports not having a probationary period for the chief of police. Mr. Morita said for him personally, whether you give him 6 months or a year probation, if the Commission wants to terminate the chief’s contract it’s going to happen anyway. He added he doesn’t believe placing a department head on probation because it’s an at-will position therefore it wouldn’t matter if the chief is asked to leave a month or six months later, or a year later. Vice Chair Bahouth said after listening to input about using a probationary period as an HR tool and what’s on paper versus performance. In his experience, even though there is a probationary period you still have to go through the documentation process to release somebody. And those are the things that are already outlined rules in terms of the Commission being able to discipline the chief and so forth. He stated what happens (as a natural result) is whether there is a probationary period or not it’s upon the Commission to make the right decision when hiring a chief. In other words, if the Commission does not hire the right person it’s the Commission’s fault. He added going forward, the Commission needs to allow the person to get into the job; make the changes they need to make but in the course of it toes are going to get stepped on because the changes may be different and people may not agree with those changes and all of the pilikia surrounding those changes may create a sense that this is not the right person. But in the long run, the Commission has the authority to discipline the chief which should be enough instead of having something hanging over their head. Chief Perry said he agrees with the Vice Chair and the Chair on not having a probationary period. He said because his position comes with an at-will contract, in reality, the next person to fill his position is not doing it for the money; they’re doing to help the community so to have something hanging over their head, particularly in Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 11 SUBJECT DISCUSSION ACTION this County (because it’s small) your bound to step on toes and people are going to get angry with you for the decisions you make. When you come into the Chief’s position all you think about is doing the best job possible for the community, the department, the officers and all of the employees in the Kaua‘i Police Department and having a probationary period would serve no purpose. Chair Hertog said her rational is very similar to Vice Chair Bahouth. When the Commission hires a new chief he or she must be ready to go from day one, and if not, it will have a reflection on the Commission if the person the Commission hires is not ready to go especially on that level and with that type of experience. Chair Hertog added based on the discussion, she’s hearing more nays for a probationary period then ayes so with that being said she would like to go around the table and take a vote to make it official starting with Mr. Okami. Mr. Mince added as a caveat for Mr. Morita and the Chief. When it comes to an at- will employee, the rules state that the chief has a contract (which the Commission may want to revisit later) and in the contract there is a buyout provision which is where Honolulu is finding itself right now because they got rid of their Chief. His contract that states if you get rid of him (the County) you have to pay him early for the amount due on remainder of his contract. Chief Perry shared when he first came to the KPD he insisted that he’s contract not be longer than 3 years because he wanted to make sure that if the Commissioners were not satisfied with the job he was doing, then by all means they should let him go. He added the next person who takes the chief’s position will have a certain pride and Commissioner Okami: Yes Commissioner Mince: No Commissioner Adams: Yes Vice Chair Bahouth: No Commissioner Morita: No Commissioner Agarwal: No Chair Hertog: No The vote carried 5:2 not to include a probationary period for the Chief of Police. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 12 SUBJECT DISCUSSION ACTION drive and if he or she does not fill the needs and the expectations of the job (maybe that’s him) he’s sure the next person who steps in his shoes will have the same commitment to the community. Chair Hertog said the bigger part of all of that is having a feedback form to give to the Chief on a regular basis because the Chief never had feedback before. Mr. Mince said relative the probationary period the issue is moot because the Commissioners voted against it. As for the Chief’s performance evaluation how often does the Commissioners want to evaluate the chief during his first year? Chair Hertog said to keep in mind that the timeline the Commissioners set will mean filling out an evaluation form for the chief for that period so she would recommend doing the evaluation at the four (4) month mark or semi-annual. Vice Chair Bahouth said so that would mean three times a year versus twice a year in the first year. Chair Hertog said yes. Mr. Okami said a quarterly evaluations may be good and quick, but for all the things the chief has to do within that short period it doesn’t give him a lot of breathing room so it would be better to evaluate him semi- annually. The rest of the Commissioners agreed to evaluate the Chief semi-annually. Mr. Mince asked which form the Commission wants to use? The on-going evaluation form or the regular annual 12 month form. Chair Hertog said she thinks the Commissioners all agreed to use the form the Commissioners could write their comments on. Mr. Mince said the next one relates to the stakeholders form, the original form was modified to indicate either a pass or fail rating or they cannot rate him. As it currently stands, the process allows the Commissioners to review the comments from the stakeholders, but when it comes to the individual Commissioners comments to the Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 13 SUBJECT DISCUSSION ACTION Chief only the Chair, Vice Chair and the Chief gets to see those comments. So the question is does, the Commissioners want to stay with the current process or change it. Chair Hertog said the process right now is the Commissioners only gets to see the Chief’s final evaluation (minus the comments) after the Chair and Vice Chair meets with the Chief to go over his evaluation, asking does the Commissioners want to change the process. Ms. Adams said that it would mean a lot of different meetings and she’s inclined to want to streamline the process and get it done in simple fashion. Mr. Okami said he agrees with Ms. Adams to streamline and simplify the process and not add to it. Mr. Mince said personally he would like to see the final evaluation before it goes over to the Chief which would include all of the pertinent comments. Vice Chair Bahouth said he understands Mr. Mince’s concerns because he would feel the same way if he was in Mr. Mince’s shoes, but he’s only concern is that he doesn’t want to confuse the Chief because if he gets to many comments the Commissioners might confuse him in regard to what is being said to him. He said what should be done is have the Chair and the Vice Chair filter through all of the comments and then figure out exactly what the message is the Commissioners want to send to the Chief. Mr. Mince said he understands where he’s coming from and agrees with Mr. Okami about not making the process more complicated, but what he’s trying to say is the only people who knew what those comments were was the Chair and Vice Chair and so moving forward what he would like to see is just the germaine comments after the Chair and the Vice Chair weed out the comments that does not pertain to the Chief’s job description. The Commissioners agreed. Mr. Mince said as a recap, the forms that are going to be used for the Chief’s performance evaluation are the semi-annual evaluation form and the Chief performance improvement plan. Chair Hertog said relative to the Chief’s performance improvement plan whatever HR has in place now is what the Commission should be Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 14 SUBJECT DISCUSSION ACTION using because she does not want to step outside of their boundaries. Mr. Mince said he would check with HR. KPC 2017-02 Discussion on an orientation for new Commissioners with the Kaua‘i Police Department. Chief Perry said he’ll be working with Mr. Morimoto and Lt. Green to make the orientation for the new Police Commissioners gets underway as soon as possible. KPC 2017-03 Discussion on forming a Permitted Interaction Group (PIG) to look into creative financing for the recovery of costs for services provided by the Kaua‘i Police Department. Chair Hertog said last year, the Commission voted to form a group to look into creative ways for the recovery of costs provided by the Police Department, but no one was assigned to undertake the task. Mr. Mince said many police organizations on the mainland are charging the offender for their services which is similar to what the Fire Department on Kaua‘i is doing to recover their costs. Chair Hertog said the proposal may come to nothing but at least the Commission can say it tried especially because the issue would have to be presented to the County Council to get their support because legislation will be required. With no further discussion, Chair Hertog called for a motion to form a permitted interaction group. A motion was made by Ms. Adams and seconded by Mr. Okami to select Mr. Mince and Mr. Bahouth to work with Deputy Chief Michael Contrades on finding creative financing for the recovery of costs for services provided by the Kaua‘i Police Department. The motion carried 7:0. KPC 2017-04 Public announcements for the following formal notarized complaints that were filed with the Police Commission were made: KPC 2016-007, KPC 2016-008, KPC 2016- 009, KPC 2016-010 and KPC 2016-011. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 15 SUBJECT DISCUSSION ACTION KPC 2016-007: After a diligent inquiry by the Commission, in which the Commissioners reviewed all available materials, including listening to the audio of the interrogation, the Kaua‘i Police Commission determined that there was not enough evidence to up hold the allegations in the complaint and the complaint was not up held. All pertinent parties have been notified in writing of the Commission’s decision. This officially concluded the Commission’s review of notarized complaint KPC 2016-007. KPC 2016-008: After a diligent inquiry by the Commission, in which the Commissioners reviewed all available materials, including listening to testimony and reviewing footage obtained by the body worn camera, the Kaua‘i Police Commission found that measures are being taken to resolve the matter and that KPD will continue to monitor the situation in the Hānamaulu area. All pertinent parties have been notified in writing of the Commission’s decision. This officially concluded the Commission’s review of notarized complaint KPC 2016-008. KPC 2016-009. After a diligent inquiry by the Commission, the Commissioners made a decision not to uphold the complaint. In accordance to Rule 6 (g) (1), of the Kaua‘i County Police Commission Rules, in no event may the Commission consider a complaint filed more than 180 calendar days after the date of occurrence, which in this case the alleged incident occurred in 1994. All pertinent parties have been notified in writing of the Commission’s decision. This officially concluded the Commission’s review of notarized complaint KPC 2016-009. KPC 2016-010: After a diligent inquiry by the Commission, in which the Commissioners reviewed all available materials, the Kaua‘i Police Commission determined that the allegations of harassment was inconclusive therefore the complaint was sent to the Office of the Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 16 SUBJECT DISCUSSION ACTION Chief for further review and investigation. All pertinent parties have been notified in writing of the Commission’s decision. This officially concluded the Commission’s review of notarized complaint KPC 2016-010. KPC 2016-011: After a diligent inquiry by the Commission, in which the Commissioners reviewed all available materials, the Kaua‘i Police Commission determined that there was insufficient evidence to support the allegations of use of excessive force during the complainant’s arrested. All pertinent parties have been notified in writing of the Commission’s decision. This officially concluded the Commission’s review of notarized complaint KPC 2016-011. Announcements Next meeting – 9:00 a.m. on Friday, February 24, 2017 at the Mo’ikeha Building, Meeting Room 2A/2B. Executive Session to follow. Executive Session ES KPC 2017-001 Pursuant to 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 December 16, 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 Hawai‘i Revised Statutes §92-4, §92-5 (a) (2) and (4), the purpose of this Executive Session is for the Commission to dismissal, or discipline of an employee or officer of charges 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 agenda items: Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 17 SUBJECT DISCUSSION ACTION ES KPC 2017-002 Chief Perry’s monthly report on the status of the Department’s disposition on formal notarized complaints that were filed with the Police Commission and forwarded to the Office of the Chief for further review and investigation if deemed necessary. ES KPC 2017-003 Copy of a communication dated December 20, 2016 from Chief of Police Darryl Perry regarding KPD’s disposition on an administrative investigation that was initiated on December 17, 2015 relating to formal notarized complaint KPC 2016-011. Return to Open Session to ratify the actions taken in Executive Session. At 10:59 a.m., the Commission reconvened in Open Session. Chair Hertog called for a motion to ratify the actions taken in Executive Session. Ms. Adams moved to ratify the actions taken in Executive Session for the following executive session items. Mr. Mince seconded the motion. The motion carried 7:0. ES KPC 2017-001: A motion carried 7:0 to approve the Executive Session minutes of December 16, 2016. ES KPC 2017-002: Chief Perry provided a brief report. ES KPC 2017-003: Chief Perry provided a brief report. Adjournment With no further business to conduct, Chair Hertog called for a motion to adjourn the meeting. Mr. Mince moved to adjourn the meeting. Mr. Morita seconded the motion. The motion carried 7:0. At 11:01 a.m. the meeting adjourned. Kaua‘i Police Commission Regular Open Session of January 27, 2017 Page 18 Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Mary K. Hertog, Chair (x) Approved as circulated on February 24, 2017 ( ) Approved as amended. See minutes of ___________ meeting.