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HomeMy WebLinkAbout10-27-17 KPC OPEN SESSION Approved Minutes-DA COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kaua‘i Police Commission Meeting Date October 27, 2017 Location Mo`ikeha Building – Meeting Room 2A/B Start of Meeting: 9:00 a.m. End of Meeting: 12:20 p.m. Present Chair Mary K. Hertog; Vice-Chair Gerald (Chip) Bahouth; Commissioners: Catherine Adams, Kevin Mince and Donald (Moki) 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: Chief of Police Darryl Perry; Sergeant Anthony Morita; Captain Mark Ozaki and Officer Bobby Thompson. Excused Commissioners Savita Agarwal and Roy Morita Absent SUBJECT DISCUSSION ACTION Call To Order Chair Hertog called the meeting to order at 9:00 a.m. with five (5) Commissioners present constituting a quorum. Executive Session Item KPC 2017-032 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) (2) and (4), the purpose of this Executive Session is for the Commission to receive a briefing by County Attorney Mauna Kea Trask as it relates to a communication dated October 16, 2017 from Managing Director Wallace G. Rezentes Jr. to Chair Mary K. Hertog, regarding a summary of the fact-finding meeting as it relates to notarized complaint KPC 2017-003. Ms. Adams moved to enter into Executive Session. Mr. Mince seconded the motion. The motion carried 5:0. Return to Open Session At 9:49 a.m., the Commission reconvened in Open Session. Chair’s Comments None. Approval of Minutes Regular Open Session Minutes of September 29, 2017. Mr. Okami moved to approve the meeting minutes. Mr. Mince seconded the motion. The motion carried 5:0. Police Commission Regular Open Session Meeting Of October 27, 2017 Page 2 SUBJECT DISCUSSION ACTION Recognition for Officer of the Month Bobby Thompson School Resource Officer Bobby Thompson was recognized as the Department’s Officer of the Month for his outstanding investigative work and quick action that led to the arrest of three (3) male suspects and the detainment of three (3) male juveniles in a criminal property damage and burglary incident at Waimea High School. Chief Perry presented Officer Thompson with a special pin and certificate. Reading the recognition for Officer Thompson was Sergeant Anthony Morita. Chief’s Monthly Reports 1. Administrative and Technical Bureau 2. Investigative Services Bureau 3. Traffic Enforcement Summary 4. Offense Data by Severity 5. Arrest, Collision, and Calls for Service 6. Legal Services, Warrants and Tracking of Warrants 7. Chief’s announcements and pertinent updates Mr. Mince stated that they were only two (2) months into the current fiscal year and the Department had an excess of overtime, noting that they already used 27% of their overtime budget. Chief Perry explained that the Department is in the process of doing an analysis of its overtime usage relative to the Department’s expansion of each bureau. In addition, the Department had some special projects that are ongoing. He noted that he should have a report available by the Commission’s next meeting in November. Mr. Mince stated last year Deputy Chief Contrades forced the overtime down to the district commanders to hold them accountable and asked if the Department was still doing that to which Chief Perry replied yes. Chair Hertog asked if the next recruit class is going to start in November. Captain Mark Ozaki replied yes, and stated that the 89th Recruit Class has seven (7) new recruits and the classes will be starting on November 16, 2017. He added that five (5) of the recruits have been assigned to cellblock to help offset the overtime expenses. Police Commission Regular Open Session Meeting Of October 27, 2017 Page 3 SUBJECT DISCUSSION ACTION Mr. Mince asked if the lateral transfers have to go through the entire academy class or if the Department automatically puts them through a special training class to which Captain Ozaki replied that the Department hasn’t had a transfer for quite some time. However, if the situation does present itself, the Department in a discussion phase to see what direction to take, but more than likely the transfers would have to go through the entire academy class. Business KPC 2017-11 Discussion and decision-making on a draft amending the Kaua‘i County Police Commission Rules on Administrative Practice and Procedure as it relates to the organizational history for the Chief of Police evaluation, probationary period for the new police chief and discipline of department heads subject to removal by boards and commissions. Chair Hertog asked for a motion to accept the rules as amended by Chief Perry, except for his concerns regarding the time limitation a person has to file a complaint. Chief Perry asked if the Commission would accept a complaint against him regarding a 2012/2013 incident and conduct an investigation, regardless of the timeliness of the complaint. Chair Hertog replied it would all depend on what the complaint was about, but for legal advice, the Commission would need to consult with its legal counsel. Vice Chair Bahouth asked for clarification regarding the Chief’s concerns about the rules not reflecting the time limitations for a person to file a complaint against the Chief. Mr. Mince clarified that according to the Mayor’s policy, all complaints filed against department heads shall be in writing and filed with the Mayor of the County of Kaua‘i no later than 180 days from the date in which the complainant becomes aware of the matter which gives rise to the complaint. He added if you look at Rule 3-1, under “Complaints Filed Against the Chief” subsections (a) (i) and (ii), it provides direction to the Mayor and the Police Commission on the procedures to be followed when a complaint is filed against the Chief of Police. Mr. Mince understood that as saying the Commission has to comply with the policy. Police Commission Regular Open Session Meeting Of October 27, 2017 Page 4 SUBJECT DISCUSSION ACTION Chief Perry noted if the Commission is good with that, then it is fine with him. With no further comments or changes to the proposed amendments, Chair Hertog called for a motion to approve the draft amendments to the Police Commission Rules as circulated. Ms. Adams moved to approve the draft amending the Kaua‘i County Police Commission Rules on Administrative Practice and Procedures as submitted. Mr. Okami seconded the motion. The motion carried 5:0. Announcements Next regular meeting – Friday, November 17, 2017, at 9:00 a.m. at 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 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: At 10:19 a.m., Vice Chair Bahouth cited the Hawai‘i Revised Statutes to bring the meeting into Executive Session. ES KPC 2017-005 Monthly update by Chief Perry 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 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 2017-029: 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 Police Commission Regular Open Session Meeting Of October 27, 2017 Page 5 SUBJECT DISCUSSION ACTION well-being until the following day. (Deferred on September 29, 2017) ES KPC 2017-032: Communication dated October 16, 2017 from Managing Director Wallace G. Rezentes Jr. to Chair Mary K. Hertog regarding a summary of the fact-finding meeting as it relates to notarized complaint KPC 2017-003. ES KPC 2017-033: New notarized complaint KPC 2017-008 filed on September 28, 2017. The complainant alleges that the Police Report was incorrect and missing information on the incident that the complainant originally reported. 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 2017 Annual Job Performance Evaluation, where consideration of matters affecting privacy will be involved provided that if the Chief requests an open meeting, an open meeting shall be held. ES KPC 2017-034: 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 September 29, 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. Chair Hertog called for a motion to enter into Executive Session. Ms. Adams moved to enter into Executive Session. Mr. Mince seconded the motion. The motion carried 5:0. Return to Open Session to ratify the actions taken on Executive Session At 12:20 p.m., the Commissioners reconvened in Open Session. Chair Hertog called for a motion to ratify the actions taken in Executive Session. *Note – At 11:45 a.m., after taking item ES KPC 2017-025, Ms. Adams left the meeting due to work obligations. Mr. Okami moved to ratify the actions taken in Executive Session for the following items: Police Commission Regular Open Session Meeting Of October 27, 2017 Page 6 SUBJECT DISCUSSION ACTION ES KPC 2017-005: Commissioners were briefed on the status of the notarized complaints. ES KPC 2017-006: Chief Perry briefed the Commissioners on issues regarding the Department. ES KPC 2017-029: Motion carried 4:0 not to uphold the allegations in the complaint. ES KPC 2017-032: Motion carried 5:0 to receive the communication dated 10- 16-17 from Managing Director Wallace Rezentes Jr. ES KPC 2017-033: Motion carried 4:0 that there was merit to the complaint. ES KPC 2017-025: Motion carried 5:0 to accept the Chief’s 2017 Annual Evaluation. Police Commission Regular Open Session Meeting Of October 27, 2017 Page 7 SUBJECT DISCUSSION ACTION ES KPC 2017-034: Motion carried 4:0 to approve the Executive Session meeting minutes of September 27, 2017. Adjournment With no further business to conduct, Chair Hertog called for a motion to adjourn the meeting. Mr. Okami moved to adjourn the meeting. Vice Chair Bahouth seconded the motion. The motion carried 4:0. At 12:20 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 November 17, 2017 ( ) Approved as amended. See minutes of ___________ meeting.