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HomeMy WebLinkAbout09-29-17 KPC Approved Open Session Minutes-DA COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua‘i Police Commission Meeting Date September 29, 2017 Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting: 10:00 a.m. End of Meeting: 12:29 p.m. Present Chair Mary K. Hertog; Vice-Chair Gerald (Chip) Bahouth; Commissioners: Catherine Adams, Savita Agarwal, Kevin Mince and Donald Okami Sr. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Paula Morikami; Office of the County Attorney: Deputy County Attorney Peter Morimoto; Police Department: Deputy Chief of Police Michael Contrades; Captain Mark Ozaki; Sergeants John Mullineaux, Lance Okasaki and Andrew Muraoka; Nancy Paliracio, Derelict/Abandoned Vehicle Coordinator; Lieutenant Roderick Green and KPD’s Program Specialist and Director of Life Bridges Gina Kaulukukui. Excused Commissioner Roy Morita Absent SUBJECT DISCUSSION ACTION Call To Order At 10:00 a.m. Chair Hertog called the meeting to order with six (6) Commissioners present constituting a quorum. She thanked the audience for their patience while the Commission consulted with its attorney on an issue that took longer than expected. Public Comments Chair Hertog asked if there was anyone in the audience who wished to give testimony on any of the items listed on the agenda. Hearing none, Chair Hertog moved on to the next agenda item. Chair Comments Chair Hertog stated that she does not have any comments to make and would like to move on to the next agenda item. Recap of the 2017 Hawai‘i State Law Enforcement Chair Hertog congratulated KPD’s Officer of the Year Officer Brad Candido and stated because the meeting is running an hour behind, she would not go into great detail about the conference other than to say it was a really great conference. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 2 SUBJECT DISCUSSION ACTION Officers Association Conference that was held on O‘ahu from September 21-22, 2017, at the Sheraton Waikīkī Hotel Approval of Meeting Minutes of August 25, 2017. Chair Hertog called for a motion to approve the meeting minutes of the August 25, 2017 meeting. Mr. Mince moved to approve the Open Session Meeting Minutes as circulated. Mr. Okami seconded the motion. The motion carried 6:0. Employee/Officer Recognition Sergeants John Mullineaux and Lance Okasaki and Officer Andrew Muraoka were recognized as Officers of the Month for their outstanding community service during the Kaua‘i Special Olympic’s “Cop on Top” fundraising event that was held at Walmart in August. The event raised $25,000 for the athletes of the Kaua‘i Special Olympics. KPD’s Abandoned and Derelict Vehicle Coordinator Nancy Paliracio was honored as the Employee of the Month for her exceptional work in servicing 170 abandoned and derelict vehicle reports in the month of July. Ms. Paliracio was commended for her initiatives to improve KPD’s citizen complaint process. She was able to create a new tagging system to expedite the pick-up time of tow calls, and utilize a Mobile Data Terminal Computer in her work vehicle to generate report numbers. Reading the commendations for Officer/Employee of the Month was Sergeant Mark Ozaki. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 3 SUBJECT DISCUSSION ACTION Briefing on KPD’s new online Interactive Crime Mapping Program Lieutenant Roderick Green presented a PowerPoint Presentation on the Department’s new crime mapping interactive program entitled LexisNexis Community Crime Map. The program will allow KPD to share selected crime data with the community which includes basic mapping, dashboards and analytics. It’s free to the public and can be found on the County’s website www.kauai.gov under the Kaua‘i Police Department. Briefing by KPD Program Specialist and Director of Life Bridges Gina Kaulukukui on the rise of suicides on the island. Ms. Kaulukukui briefed the Commissioners on the suicide epidemic that has been increasingly worrisome for police and service organizations. The death toll so far this year has nearly doubled since 2012. Based on a survey, 12.8 percent of all Hawai‘i’s high school students are at risk for either thinking about suicide or have already attempted suicide, which puts Hawai‘i second in the nation for having teens most at risk of dying by suicide. As of today, 21 suicide deaths have been reported on Kaua‘i, which often parallels with Hilo, Hawai‘i. It’s the number one leading cause of death in the State of Hawai‘i for ages 15 to 74 and is the third leading cause of death from birth to age 15. Chief’s Monthly/Quarterly Reports for August and other requested briefings & updates 1. Administrative and Technical Bureau 2. Investigative Services Bureau 3. Traffic and Patrol Services Bureau 4. Briefing on the Department’s final Budget for Fiscal Year 2017-2018 5. Quarterly update on KPD’s 2017 Goals 6. Update on KPD’s Matrix Manpower Study and Spillman Records Management System and the Burglary Alarm Ordinance 7. Chief’s Announcements and other pertinent updates Chair Hertog commended KPD’s Vice Unit for their joint operation with the United States Postal Inspector to conduct postal sweeps at the Līhu‘e Airport Sorting Facility that led to the recovery of illegal drugs. Mr. Mince stated that in the Administrative and Technical Bureau Report, there was no data reflecting the Department’s overtime usage. He asked Deputy Chief Contrades if he could include the information in the next month’s report. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 4 SUBJECT DISCUSSION ACTION Additionally, in reviewing the budget report for fiscal year 2016-2017, it shows KPD coming in at 97 percent. Mr. Mince asked if that was correct to which Deputy Chief Contrades clarified that the Department came in at 96 percent. If he’s not mistaken, the Department would be returning approximately $939,000 to the General Fund and from what he understood, $338,000 was utilized for the Cops Grant in order to fill the 6 officer positions. Mr. Mince asked if there was a bottom line number in overtime usage to which Deputy Chief Contrades replied all of the overtime funds have been expended and if he wants, he could send him the actual expenditure numbers. Chair Hertog asked if the Department has always faced pushback from the County on its overtime usage to which Deputy Chief Contrades replied not really, but the topic has always been a contention for the County. He added that although the Department has been very strict about its overtime usage, in reality the Department only has “x” amount of people and “x” amount of work. There have been questions about the assistant chiefs and captains making overtime, but that only happens when there’s no one available to fill those vacancies. Mr. Mince expressed his concerns on the evaluation process being difficult because the goals are set to be completed by the end of the current calendar year and the Chief’s evaluation is due at the end of September, which is his anniversary date. He stated hopefully, when the Commission finally adopts its new rules, the evaluation process will coincide with each other. Mr. Mince pointed out that one of the Department’s goals is to reduce its outstanding warrants by 20 percent, but the report reflects 75 percent completed. He’s not ready to take a leap of faith until he sees the actual numbers. Chair Hertog stated that she thought she sent him the numbers to which Mr. Mince replied that she did, but he wants a current update of the goals because it would be easier to evaluate the Chief if the numbers were Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 5 SUBJECT DISCUSSION ACTION included, not just the percentage. Deputy Chief Contrades stated moving forward, he’ll make sure that the numbers are reflected in the report. Mr. Mince asked if the goal to implement the County’s Burglary Alarm ordinance was near completion because in the reading the report, it looks like the Department went down the path of uploading the data into the computer system instead. Deputy Chief Contrades clarified that it’s all part of the process because by not uploading the data into the Spillman System, it would be very difficult to implement the ordinance. He explained that all of the data has been uploaded into the Spillman System and as of right now, the Department is in the process of testing the system. If all goes well, the automatic billing system will be up and running within a couple of months. Mr. Mince asked if a person’s name has to be in the system in order for them to receive an automatic billing and if yes, how would the Department know, out of the thousands of people on Kaua‘i, if their names are in the system? The reason he asked is because one of the questions that was posed by the Chair was how many burglar alarms are there on Kaua‘i and the Department‘s response was they didn’t know. To clarify, Deputy Chief Contrades stated that they have not gone out to the different alarm companies because before they do that, they want to make sure that the system is running properly. He pointed out that the Commissioners need to keep in mind that this is just one module out of the numerous modules that are in the Spillman System, and the people who are working on the alarm portion of the system have been working very hard to get the system up and running. So when that phase is completed, and only then, would KPD reach out to the different businesses to get a list of their clients. With no further comments or questions, Chair Hertog moved on to the Chief’s announcements. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 6 SUBJECT DISCUSSION ACTION Deputy Chief Contrades made the following announcements:  Chief Perry sends his regrets for not being able to attend the meeting due to a bad cold.  This past Wednesday, KPD went to Council to defend its acquisition for the new Kawaihau Substation and by a 4 to 3 vote, the amendment (sponsored by Councilmember Arryl Kaneshiro) was defeated. The amendment, if approved, would take the 6 million dollars that were already allocated for the new Kawaihau Substation toward road improvements. Deputy Chief Contrades stated that he understands the concept of needs versus wants, but KPD has been working very hard for the past 7 seven years trying to get the new Kawaihau Substation built.  Lieutenant Rodrick Green will be leaving this weekend for 10 weeks to attend the Federal Bureau of Investigation National Academy in Quantico, Virginia. While there, Lt. Green will be a member of the 270th National Federal Bureau Academy Class.  KPD’s Crime Stoppers Program is doing very well thanks to the hard work of Board members: President Ron Wiley, Vice President Anita Applegate, Treasurer Tess Shimabukuro, Secretary Shawn Shimabukuro, Retired Assistant Chief Alejandro Quibilan, Theresa Koki and Michelle Jenkins. Special recognition went to Assistant Chief Bryson Ponce, Captain Richard Rosa, Lt. Christian Jenkins and Tara Caires for playing a major role in the program’s success. Announcements Next regular monthly meeting – Friday, October 27, 2017 at 9:00 a.m. in the Mo’ikeha Building, Meeting Room 2A/2B. Executive Session to follow. Executive Session 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 review and discuss charges brought against an officer or employee of the County, 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 for the Commission to consult with its attorney on issues At 11:10 a.m. Vice Chair Bahouth cited the Hawai‘i Revised Statutes to bring the meeting into Executive Session. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 7 SUBJECT DISCUSSION ACTION 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 2017-005 Monthly update by Office of Professional Standards Lieutenant James Miller 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. ES KPC 2017-006: Monthly update by Chief of Police Darryl Perry on any significant adverse incidents/events involving KPD personnel that could potentially impact the County, Commission and the Kaua‘i Police Department. ES KPC 2017-028: New notarized complaint KPC 2017-006 filed on September 11, 2017. The complainant alleges that no action was taken to protect the complainant from ICE dealings in her home, future burglary, rape attempts and future vandalism. The complainant also wants to know if an investigation is in progress, and if there is an investigation is the Police Department going to provide the complainant with protection from additional harm. ES KPC 2017-029: New notarized complaint KPC 2017-007 filed on September 21, 2017. The complainant alleges after calling 911 Dispatch to report that she was assaulted and threatened by someone at Larson’s Beach on the Northshore but no police officer came to check on the complainant’s wellbeing until the following day. ES KPC 2017-025: Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) (2) and (4), the purpose of this Executive Session is to discuss the Chief of Police Annual 2017 Job Performance Evaluation due on September 30, 2017, where consideration of matters affecting privacy will be involved provided that if the Chief requests an open meeting, an open meeting shall be held. And to consult with the Commission’s attorney on questions and issues Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 8 SUBJECT DISCUSSION ACTION pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to this agenda item. (On-going) ES KPC 2017-030: 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 meeting minutes of August 25, 2017, 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. ES KPC 2017-031: Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) (2) and (4), the purpose of this Executive Session is to discuss the County of Kaua‘i Policy on the Discipline of Department Heads Subject to Removal by Boards and Commissions with the County Attorney and to consult with its attorney on questions and issues pertaining to the Commission’s and the County’s powers, duties, privileges, immunities and liabilities as it relates to this agenda item. Chair Hertog called for a motion to enter into Executive Session. Ms. Adams moved to enter into Executive Session. Mr. Okami seconded the motion. The motion carried 6:0. At 11:14 a.m. the Commission entered into Executive Session. Return to Open Session to ratify the actions taken in Executive Session. At 12:28 p.m. the Commissioners reconvened in Open Session. Chair Hertog announced that prior to the start of the Executive Session, Ms. Adams had to leave the meeting because of work obligations. Chair Hertog called for a motion to ratify the actions taken in Executive Session. Mr. Okami moved to ratify the actions taken in Executive Session for the following items. Mr. Mince seconded the motion. The motion carried 5:0. ES KPC 2017-005: Motion carried 5:0 to receive the 2 communications dated September 14, 2017, from Chief Darryl Perry on the Department’s disposition on Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 9 SUBJECT DISCUSSION ACTION notarized complaints KPC 2017-004, also known as ADM 2017-0273, and KPC 2017- 005, also known as ADM 2017-0306. ES KPC 2017-006: The Commissioners received a briefing by Deputy Chief Contrades. ES KPC 2017-031: The Commissioners received a briefing by County Attorney Mauna Trask. ES KPC 2017—028: Motion carried 5:0 to forward the complaint to the Office of the Chief for further review. ES KPC 2017-029: Motion carried 5:0 to defer the item to the next Commission meeting in October. Kaua‘i Police Commission Regular Open Session Meeting Minutes of September 29, 2017 Page 10 SUBJECT DISCUSSION ACTION ES KPC 2017-025: Motion carried 5:0 to have Chair Hertog and Commissioners Bahouth and Mince work together to compile all of the information into one evaluation to present to the Chief. ES KPC 2017-030: Motion carried 5:0 to approve the Executive Session Meeting Minutes of August 25, 2017. Adjournment With no further business to conduct, Chair Hertog called for a motion to adjourn the meeting. Vice Chair Bahouth moved to adjourn the meeting. Ms. Agarwal seconded the motion. The motion carried 5:0. At 12:29 p.m. the meeting adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Mary K. Hertog, Chair (x ) Approved as circulated on October 27, 2017 ( ) Approved as amended. See minutes of ___________ meeting.