HomeMy WebLinkAbout05-25-18 Agenda PacketY
Gerald Bahouth RECEIVED Members:
Chair Catherine Adams
Leina' ala Jardin
•��y lg R7 :46 Kevin Mince
Roy Morita
Mary K. Hertog p;" F l CC OF
Vice Chair THE COUV'TY CLERK
COL1N 1 "i O K f.1 Ja 1
COUNTY OF KAUA'I POLICE COMMISSION
NOTICE OF MEETING AND AGENDA
Friday, May 25, 2018
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2A/2B, Lihu`e, Hawaii 96766
CALL TO ORDER
CHAIR'S COMMENTS/ANNOUNCEMENTS
R OFFICER AND F
• Officer Colin Nesbitt
• Dispatcher III Lavina K. Taovao
RECAP OF THE POLICE COMMISSIONERS' STATE CONFERENCE THAT WAS
RECENTLY HELD ON HAWAII ISLAND FROM MAY 21-22, 2018
APPROVAL OF THE OPEN SESSION MEETING MINUTES OF APRIL 27, 2018
Chief s Monthlv Reports. Pertinent Updates and Announcements
1. Administrative and Technical Bureau Reports
2. 2017-2018 Fiscal Year Report as of April 30, 2018
3. Investigative Services Bureau
4. Calls for Service and Incident
BUSINESS
KPC 2018-04 Discussion and possible decision -making on whether or not the
Commission should form a Permitted Interaction Group to get a better
understanding on how the recruitment process in the Kauai Police
Department works and report its findings to the Commissioners at next the
Commission's regularly scheduled monthly meeting.
(Deferred on April 27, 2018)
Kauai County is an Equal Opportunity Employer
KPC 2018-06 Discussion and possible decision -making on revising the Kauai Police
Commission Rules on Administrative Practice and Procedure to reflect the
Intermediate Court of Appeals decision of June 2016 regarding the
discipline of the chief of police, commission oversight and supervision of
the chief. On -going
KPC 2018-08 Discussion on formalizing the Police Commission agendas.
On -going
KPC 2018-010 Brief discussion on the Chief's Evaluation Process for the period of
October 2017 to June 2018
KPC 2018-011 Public announcement for notarized complaints no. KPC 2018-003 and
KPC 2018-005
ANNOUNCEMENTS
• Next regular monthly meeting - Friday, June 22, 2018, 9:00 a.m. at the Mo'ikeha
Building, Meeting Room 2A/2B. Executive Session to follow.
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4), the purpose of this I�xecutive
Session is for the Commissionito review and discuss charges brought against an offices 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:
ES KPC 2018-001 Monthly update by Office of Professional Standards Lieutenant James
Miller on the status of the Department's disposition on all formal notarized
complaints that were filed with the Kauai Police Department, including the
complaints that were filed with the Police Commission and referred to the
Office of the Chief for further review.
ES KPC 2018-002 Monthly update by Chief Darryl Perry or his designated representative on
any significant adverse incidents/events involving personnel in the Kauai
Police Department that could potentially impact the County, the Police
Commission and the Kauai Police Department.
ES KPC 2018-012 Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (4), the
purpose of this Executive Session is for the County Attorney to provide an
update on the Department's handling of public complaints and an update on
the Police Union stance on an officer versus officer complaint and to
consult with its attorney as to its powers, duties, privileges, immunities and
or liabilities as they relate to this agenda item.
(Deferred on April 27, 2018)
Kauai Police Commission — Friday, May 25, 2018
ES KPC 2018-013 New Formal Notarized Complaint No. KPC 2018-004 filed against a 911
Dispatcher in the Kauai Police Department. The complainant alleges
conduct unbecoming of a 911 Dispatcher. Fearful for her safety as well for
other motorists, the complainant alleges that the 911 Dispatcher did not
send an officer to the location where her vehicle stalled.
(Deferred on April 27, 2018)
ES KPC 2018-015 New Formal Notarized Complaint No. KPC 2018-006 filed against an
officer in the Kauai Police Department. The complainant alleges
misconduct in the investigation of an unattended death.
(Deferred on April 27, 2018)
ES KPC 2018-016 New Formal Notarized Complaint No. KPC 2018-007 filed against an
officer in the Kauai Police Department. The complainant alleges that
she and members of her family were forced to leave their family owned
property without a signed warrant and was threatened by the officer that
they would be arrested if they return to the property.
(Deferred on April 27, 2018)
ES KPC 2018-018 New Formal Notarized Complaint No. KPC 2018-008 filed against an
officer in the Kauai Police Department. The comp arrant alleges cultural
genocide.
ES KPC 2018-019 Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4) the
purpose of the Executive Session is for the Commission to consider the
hire, evaluation, dismissal, or discipline of an 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 procedural issues in the Kauai Police
Department.
ES KPC 2018-020 Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4) the
purpose of this Executive Session is for the Commission to consider the
hire, evaluation, dismissal, or discipline of an 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
liabilities as they may relate to the supervision of the Chief of Police.
Kauai Police Commission — Friday, May 25, 2018
ES KPC 2018-021 Pursuant to Hawaii 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 April 27, 2018, 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.
RETURN TO OPEN SESSION
Ratify the actions taken by Police Commission in Executive Session for the following agenda
items: ES KPC 2018-001, ES KPC 2018-002, ES KPC 2018-012, ES KPC 2018-013, ES KPC
2018-015, ES KPC 2018-016, ES KPC 2018-018, ES KPC 2018-019, ES KPC 2018-020 and ES
KPC 2018-021.
EXECUTIVE SESSION
Pursuant to Hawai'i Revised Statutes, ("H.R.S.") §92-7 (a), the Commission may, when deemed
necessary, hold an Executive Session on any agenda item without the written public notice if the
Executive Session was not anticipated in advance. Any such Executive Session shall be held
pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a).
Discussions held in Executive Session are closed to the public.
ADJOURNMENT
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least
24-hours prior to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comment only.
4. If you are unable to submit your testimony at least 24 hours prior to the meeting,
please provide 10 copies of your written testimony at the meeting.
While every effort will be made to copy, organize and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members
after the meeting is concluded. The length of time allocated to person(s) wishing to present verbal
testimony may be limited at the discretion of the chairperson or presiding member.
Send written testimony to:
Kaua'i Police Commission
Office of Boards and Commissions
4444 Rice Street, Suite 150
Lihu`e, Hawaii 96766
E-Mail: mromo@kauai.gov
Phone: (808) 241-4920 Facsimile: (808) 241-5127
Kauai Police Commission — Friday, May 25, 2018
cc: County Attorney Mauna Kea Trask
Chief of Police Darryl D. Perry
SPECIAL ASSISTANCE
If you need an ASL Interpreter, materials in an alternate format, or other auxiliary aid
support, or an interpreter for a language other than English, please contact Lani Agoot at
(808) 241-4917 or lagootna kauai.gov at least seven calendar days prior to the meeting.
Kauai Police Commission — Friday, May 25, 2018
: W
PAZ
10
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission
I Kauai Police Commission
Meeting Date
I April 27, 2018
Location
Mo' ikeha Building — Meeting Room 2A/B
Start of Meeting: 9:00 a.m.
I End of Meeting: 1:10 p.m.
Present
Chair Gerald Bahouth; Vice Chair Mary K. Hertog; Members: Catherine Adams, Jonelle Jardin, Kevin Mince and Roy Morita
Also present: Boards & Commissions Office Staff. Support Clerk Mercedes Omo, Administrator Nicholas R. Courson; Office of the
County Attorney: Mauna Kea Trask; Police Department: Deputy Chief Michael Contrades, Assistant Chief Robert Gausepohl, Acting
Assistant Chief Mark Ozaki, Lieutenant James Miller, Acting Sergeant Jason Scalzo, Officer of the Month Jason Scalzo and other
ranked officers in the Kauai Police Department.
SUBJECT
DISCUSSION
ACTION
Call To Order
Prior to the start of the meeting, Administrative Assistant to the County Clerk Eddie Topenio
Chair Bahouth called the
officiated the Oath of Office for new Commissioner Jonelle Leina'ala Jardin.
meeting to order at 9:00 a.m.
with six Commissioners
resent to conduct business.
Chair Comments/
Chair Bahouth welcomed new Commissioner Jardin to the Kauai Police Commission and thanked
Announcements
her for her willingness to serve on the Commission.
April's Officer of
Acting Sergeant Jason Scalzo read the recognition for Officer of the Month Joel Snyder. Officer
the Month
Snyder was recognized for his courageous act of bravery when he disregarded his own safety to
Joel Snyder
check on a vehicle that was completely submerged under water to see if it was occupied.
Fortunately, the vehicle was unoccupied and he was able to retrieve the license plate which
allowed the assigned investigator to track down the location of the owner who was then cited for
numerous violations.
Approval of the
Chair Bahouth called for a motion to approve or amend the meeting minutes of March 23, 2018.
Vice Chair Hertog moved to
Meeting Minutes
approve the Open Session
of March 23, 2018
Meeting Minutes of
March 23, 2018 as circulated.
Ms. Adams seconded the
motion. The motion carried
6:0.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 2
SUBJECT
DISCUSSION
ACTION
Executive Session
Chair Bahouth announced that he would take the agenda out of order and allow County Attorney
ES KPC 2018-012
Mauna Kea Trask to address the Commissioners on items KPC 2018-07 and ES KPC 2018-012.
Mr. Trask thanked Chair Bahouth for the opportunity to address the items so he could continue
to help support the officers and employees at the Emergency Management Agency.
Prior the Mr. Trask's presentation, Chair Bahouth announced that he received a request from
Deputy Chief Contrades asking if he could recognize Employee of the Year Nancy Paliracio to
which Mr. Trask agreed.
Special
Acting Assistant Chief Mark Ozaki stated that Ms. Paliracio's exceptional work ethics and
Recognition for
dedication to her job earned her the right to be nominated as the Kauai Police Department's
Employee of the
Employee of the Year for 2017. He shared that because Ms. Paliracio was unable to attend the
Year Abandoned
ceremony on Oahu, he felt that the Commission's meeting was the appropriate setting to honor
Vehicle
Ms. Paliracio.
Coordinator
Ms. Nancy M.
Ms. a
Deputy Chief Michael Contrades presented her with a framed Certificate of Outstanding and
Exemplary Service signed by the Honorable Mayor Bernard P. Carvalho Jr.
Ms. Paliracio thanked all of her team members for their unwavering support because without
them, she would not have been able to accomplish all that she has done.
KPC 2018-07
A general update on the status of the Mark Begley v. County of Kauai and Regina Kaulukukui
v. County of Kauai lawsuits.
Mr. Trask stated that he would start by addressing Mark Begley's case followed by Ms.
Kaulukukui's case. In regard to Mr. Begley's case, the County of Kauai has tendered a claim to
its insurance company to cover the expenses incurred by the case, which they have accepted and
since then have been providing representation both for the County and the officers named in the
suit individually and in their official capacities.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 3
SUBJECT
DISCUSSION
ACTION
He referred to a public document of the second amendment to Rule 16 Schedulingorder rder that was
filed by the court which lays out the trial and pre-trial conference scheduling, motion deadlines,
discovery deadlines, settlement, conference deadlines, trial submission, and issues relating to
jury, witness, exhibits, depositions and trial briefs. He added that the court has issued a written
determination that there were no other matters which was signed by the Honorable Judge
Richard L. Pukley on April 23, 2018. With no further updates, Mr. Trask stated that he was
open for questions.
Mr. Mince explained that the reason he had asked the Chair to put the item on the agenda was a
result of watching a County Council meeting where Councilmember Ross Kagawa made a
statement that he's been on the County Council for six years and that the case started two years
prior to that, so why has it taken the County eight years to close the case? Councilmember
Kagawa also mentioned that he didn't think it was fair for the people of Kauai to have to endure
the case for so long and for the County to incur all of the expenses relating to the case. He also
stated that it was not fair to Mr. Begley to have his case drawn out for so long.
Mr. Mince added that Mr. Kagawa also made a statement to the effect that if the County was
right, why Mr. Begley was still receiving a salary, and if the County was wrong, they should just
fess up so everyone can move on. Councilmember Kagawa concluded by asking for a response
from the Office of the County Attorney, the Department of Human Resources and the Kauai
Police Department as to why the case was taking so long and what has the County learned from
the Begley case so in the future, cases like this will not take long and that he does not want the
same thing to happen to the other cases that are still pending.
Mr. Trask stated that he had no response to any of his questions; in fact, he didn't have a
response for Councilmember Kagawa as well. He explained that criminal and civil cases can
take a very long time, and in the grand scheme of things, all circuit court and federal court cases
that are long-standing will take precedence over any long-standing civil case. He quoted that
Justice is blind and Justice is slow, but it does work; it's just the nature of the beast which can be
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 4
SUBJECT
DISCUSSION
ACTION
very unsatisfying.
He stressed that he cannot comment on whether or not anything was done inappropriately, and
that he does not agree with any of Councilmember Kagawa's statements. Mr. Trask shared that
all legislators enjoy the privilege of immunity for statements they make during a legislative
session, and not to be critical of Councilmember Kagawa's statements, but that is a fact. What is
expressed verbally on any congressional, county and/or federal floor should stay on the floor
because that's the way it is, and, as he said before, he cannot warrant that any of Councilmember
Kagawa's statements are objectively true.
Mr. Mince stated he was led to believe that he was going to answer specific questions in
executive session. Mr. Trask stated that this is not an executive session item, but if the Chair
wants to put this specific item in executive session, he would be happy to address the item at the
Commission's next meeting in May. In regard to how much money the County has spent on the
case, its very little because the case was shouldered by the Office of the County Attorney, but as
the case became more complex, the appropriate thing to do was tender to the insurance company
to cover the expenses, which prompted the County to pay against its SIR in the amount of
$750,000. He added that whether the County pays for all of the expenses or the insurance
company does, the County has to incur up to $750,000 in order for the insurance company to
take over.
Mr. Mince reiterated that he was led to believe that Mr. Trask was going to answer more specific
questions in executive session, but based what he's heard, that's not going to happen.
Chair Bahouth agreed and stated that because the case has been turned over to special counsel,
all privileged information regarding the case is confidential.
To be clear, Mr. Trask added that he does not want to prohibit the Commissioners from asking
questions, so if the Chair agrees to put the item on the Commission's May agenda in executive
session, it would be fine with him. However, he would appreciate if the Commissioners would
send him their confidential questions prior to the meeting so he can review and determine which
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 5
SUBJECT
DISCUSSION
ACTION
questions he can and cannot answer. In regard to what Chair Bahouth said earlier about the case
being turned over to special counsel, he's right; all information passed between the officer's
attorney and the plaintiff's attorney are all deemed confidential. Chair Bahouth asked Mr. Mince
if he still wanted the item on the May agenda to which Mr. Mince replied that he had to think
about it.
Mr. Mince asked, other than those two cases, if there were any other pending lawsuits that are
other EEO investigations filed against the County/Kaua`i Police Department that relate to
personnel issues to which Mr. Trask replied that he cannot speak to that because he doesn't
know. With no further questions relating to the Begley's case, Mr. Trask stated that he'll move
on to Ms. Kaulukukui's case.
Mr. Morita asked if he could be recused because he happens to be a sitting member of the board
for Life Bridges which Ms. Kaulukukui is also a member. Chair Bahouth stated to let the record
reflect that Mr. Morita is recused from this item. At 9:27 a.m. Mr. Morita left the meeting room.
Mr. Trask stated relative to Ms. Kaulukukui's case, the complaint has been filed and an answer
has been filed in response to the case; therefore, he has nothing else to report aside from what the
attorneys for the County have been doing to prep for the case, which he assumes that the
plaintiffs attorney is doing the same. The trial is set for July 19, 2018. With no further
questions, Chair Bahouth asked Vice Chair Hertog to cite the Hawaii Revised Statutes for item
ES KPC 2018-012 to bring the meeting into Executive Session. At 9:27 a.m. Mr. Morita entered
the room.
ES KPC 2018-012
At 9:30 a.m. Vice Chair Hertog cited Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a)
Vice Chair Hertog moved to
and (4), the purpose of this Executive Session is for the County Attorneyprovide an update on
enter into Executive Session.
the Department's handling of public complaints and an update on the Police Union stance on an
Ms. Adams seconded the
motion. The motion carried
officer versus officer complaint and to consult with its attorney as to its powers, duties,
privileges, immunities and or liabilities as they relate to this agenda item.
6:0. At 9:35 a.m. the
Commissioners entered into
Chair Bahouth called for a motion to enter into Executive Session for a briefing by County
Executive Session.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 6
SUBJECT
DISCUSSION
ACTION
Attorney Mauna Kea Trask on item ES KPC 2018-012.
Return to Back
At 9:50 a.m. the Commissioners reconvened in Open Session. Chair Bahouth noted for the
into Open Session
record that Mr. Trask had to leave the meeting, but he will be on -call if the Commission needs
him.
PowerPoint
Deputy Chief Contrades commented that he hopes that after the Commissioners see his
Presentation by
presentation, they will have a broader view as to what the Department has been doing to boost its
Deputy Chief
recruitment efforts, which may help the Commission with its decision on whether or not to form
Michael
a Permitted Interaction Group (PIG).
Contrades on the
Department's
Recruitment
Deputy Chief Contrades' presentation provided an overview of the Department's recruitment
Efforts
efforts. It included a wide range of topics including, but not limited to, the three phases of
KPD's ongoing recruitment efforts, the Department's challenges in terms of competing for
suitable candidates statewide and on the mainland, the pay increase for the police services officer
position — thanks to SHOPO — although it is not the same as what is being offered on the
mainland, the Department's continued participation in the community job fairs and Career Day
events held at the various high schools throughout the island, the Department's continuous
recruitment efforts on the mainland, the Department's local and social media ads — including
local television and radio stations, a newly -created Instagram account, and the County's
Facebook page — as well as online advertisements, the Junior Police Academy, the Police
Apprentice Program, the development of a comprehensive police officer prep -course, as well as
the Department's endeavor to utilizepolicego.com to attract serious applicants who have to pay
a one-time fee of $20.00 to apply.
Ms. Adams asked, relative to having a criminal justice degree as part of the steps, if the Kauai
Community College has such a program in place to which Deputy Chief Contrades replied no,
however, the Department is partners with KCC and that the online presence is endless. The
Department is about to launch a new system called V-Academy for all in-service personnel
which is part of Bethel University that provides an excellent online criminal justice program.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 7
SUBJECT
DISCUSSION
ACTION
Chair Bahouth asked if it was possible to add another line item in the next fiscal year's budget
for recruitment bonuses to which Deputy Chief Contrades replied no, because KPD had to
increase its budget from $33 million to $36 million. Chair Bahouth asked if it was possible to
use the vacant salaries to cover the bonuses to which Deputy Chief Contrades replied it's
possible, but he has to see what happens at Council first before doing anything.
Vice Chair Hertog stated that although she appreciates all of the work the Department has done
to improve its recruitment efforts, the Commission would like to form a PIG to help the
Department. She asked Deputy Chief Contrades if he would be willing to accept suggestions
from the Commissioners that have some background in law enforcement and recruitment
experience.
Deputy Chief Contrades replied absolutely; however, the only true concern he has is that it
would take a lot of time and resources away from his staff. He had hoped that his presentation
would have been sufficient, but if the Commission is adamant about doing it, he doesn't have a
problem. But as he said before, it's going to be very time-consuming and will take resources
away from his staff.
Vice Chair Hertog stated that she understood his concerns, but one would hope that there is
going to be something better at the other end. She added that his presentation was very good, but
it brought up a lot of questions like when was the last time the Department revised its written
test. In regard to giving bonuses, are the bonuses given to the people for signing up or do they
have to get to the Police Academy first and then receive their bonus? Some of her other
concerns had to do with the fact that the Department has already loss some of its own officers to
another county, so her question is what type of recruitment efforts is KPD doing to attract
candidates from the other islands.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 8
SUBJECT
DISCUSSION
ACTION
Deputy Chief Contrades stated that KPD sent some of its own staff members to the neighbor
islands to try to recruit people, but with all of the efforts being made, the one thing he felt was
missing was a good social media platform. Also, to address her question about revising the
written exam, both he and Assistant Chief Robert Gausepohl took it upon themselves to review
the test individually and collectively. The test basically calls for reading comprehension and
sentence structure/grammar, but after consoling with HR, they added a few new categories; one
of which is memorization which mirrors what the other police departments have in their written
test.
Vice Chair Hertog asked if officers who transfer over to the Hawaii Island Police Department
are required to go through their Police Academy program from start to finish or are they given an
abbreviated course instead. She also asked if KPD was open to having an abbreviated course to
which Deputy Chief Contrades replied it has been done in the past, so it is possible; however,
they need to be careful because every county/mainland police department has different
requirements. For example, the use of force on Kauai compared to the other counties varies in a
sense that when dealing with a person who is resisting, the HPD officers would use pepper spray
to try to contain the person, which is farther down than what KPD would do.
Vice Chair Hertog asked if Chief Perry himself and their peers have ever sat down to discuss at
length what to do to boost your recruitment efforts and what, as a state, can you all do to improve
to which Deputy Chief Contrades replied there has been a lot of back and forth discussion, but
not in the sense as to what we can do as state. To be quite frank, each department is in
competition with one another in the sense that if KPD had an opportunity to take someone from
another police department, they would do it in a heartbeat. He shared that KPD keeps a record
on why a person decides to leave the department, and the vast majority of those leaving had to do
with personal issues and the high cost of living on Kauai.
Ms. Jardin asked how long it takes from the time a person submits their application to the time
someone from the County contacts them to get the process going to which Deputy Chief
Contrades replied there is no exact timeline because HR handles all of the applications. The
only thin that he could tell her as far as the timeline goes is that it could take anywhere between
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 9
SUBJECT
DISCUSSION
ACTION
six to eight months to complete the entire hiring process. However, exceptions have been made
where KPD would hire a person before the next recruit class even begins and have them go
through the abbreviated training, and then put them to work in cellblock until the Department
has enough people to start a new recruit class.
Mr. Morita asked, besides the recruitment, what the Department is doing about retention to
which Deputy Chief Contrades replied they have increased training to provide more
opportunities for their staff and that the Department is about to launch its Resiliency Training
Program, which is similar to what the United States Airforce has, and, thanks to SHOPO, the pay
for police services officer has increased. Another retention effort is the creation of the Morale
Committee which has garnered some interesting questions and concerns, and that he has gone
out to speak to the staff to determine what type of issues their having and try to correct it.
Mr. Morita asked if it was true that the Chief has the last say on whether a person makes it or
not, even if that person is at the final stages of the recruitment process, and if the Chief has ever
denied an applicant who made it to the very end of the hiring process to which Deputy Chief
Contrades replied not that he's aware of.
Mr. Mince stated that although he appreciates all of the hard work the Department has done over
the years to boost its recruitment efforts, nothing has changed and the vacancies seems to
continue although there are variables that may have contributed to those vacancies. Furthermore,
everyone has been talking about it for months but he has not seen anything being done to address
the immediate concern of overtime. If it is not addressed, it can lead to officer safety issues and
morale problems.
Mr. Mince shared that when the Commission first started to work on suggestions for the goals,
which, by the way, is incorporated into the Chief s performance evaluation, the Commission
made a recommendation to form a taskforce or a workgroup consisting of people from the
Department of Human Resources, the Kauai Police Department, Kauai Community College,
Workforce Development and the Police Commission to look at the overall recruiting process,
such as the type of people KPD tries to recruit and what KPD is actually doing to try to recruit
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 10
SUBJECT
DISCUSSION
ACTION
those individuals. Also, to dovetail to Mr. Morita's question about retention, (as a suggestion)
perhaps KPD could work with SHOPO to find a way to give people who have 25 years of
service an extra 2- to 5-percent pay increase.
Mr. Mince stated that two years ago, he mentioned something about lateral hires and all he got
was a snicker response from KPD saying that they don't want to do it because they don't want to
deal with someone else's problems. Deputy Chief Contrades stated that he's not sure who
snickered at him (it certainly wasn't him), but KPD has taken initiatives to hire laterals over the
years but it all depended on the person's background check.
Mr. Mince stated that he knows that the Commission can only make recommendations and one
of those recommendations was to form a taskforce to look at the entire spectrum of the
Department's recruitment efforts - from where they go to recruit people to retaining 25-year
veterans - but all he got was a sense that KPD does not want any involvement from the Police
Commission.
Deputy Chief Contrades stated to make things clear, he does not mind if the Commissioners
want to get involved, and that the purpose of his presentation was to provide the Commission
with information on all of the things the Department has been doing to boost its recruitment
efforts. He added that if the Commissioners have any ideas beyond what was presented, to let
him know. In regard to the PIG (by the way this is the first time he's hearing about a taskforce),
it's not a problem, but, to be frank, it's going to consume a lot of his staff s time, and if the
results are good, then it was worth the time and effort. Lastly, if the Commission feels that the
Department is not covering something specific, he is open for discussion, but more so, he does
not want to hear any accusations that the Department was not doing certain things.
Mr. Mince stated, as far as he knew, no one has ever made an accusation. All the Commission
was trying to do was look for ways to help improve the Department's recruiting efforts and if
there were other things that could be done.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 11
SUBJECT
DISCUSSION
ACTION
Deputy Chief Contrades stated that their goal is to hire as many people as they can who are
suitable and qualified for the job, and that the amount of officers they have today is much more
than what they had in the past. When comparing the amount of vacancies they had in the past to
the present, all of the past vacancies have been filled, except for the new positions KPD added
and will continue to add.
Chair Bahouth shared that not all of the Commissioners have gone through the last three years of
understanding what KPD has been doing to recruit qualified individuals. He agrees with the
Deputy that the Commission can get involved by forming a PIG, but keeping in mind that there
are things the Department can and cannot do financially, and until everyone is ready to work
together to find a resolution, it really boils down to money.
Vice Chair Hertog commented she wouldn't necessarily agree with Chair Bahouth that it all
boils down to money, although it is a huge part of what draws a person to want to become a
police officer. For a person to want to become a police officer, it takes a special calling,
especially in today's environment where officers are getting ambushed and killed, not to mention
all of the crap they have to put up with on a daily basis. In regard to forming a PIG, she thinks
that the Commission should ask Boards and Commissions Administrator Nicholas Courson to
weigh in on it with an opinion on whether or not it's within the Commission's purview to form a
PIG. It's not so much as wanting to form a taskforce; what the Commission wants to do is
develop a good improvement process.
Vice Chair Hertog pointed out that she knows it's going to take a while to come up with a good
resolution, and whether the Commission decides to form a process improvement team or a PIG,
at least the Commission is doing something because if not, things will remain the same.
Also, to Mr. Morita's point that KPD will never be at 100 percent because of recruitment and
people leaving for personal reasons, it wouldn't hurt to have it at 95 percent, which will decrease
the overtime usage but, most importantly, give the officers more time to spend with their
families. All she wants is for the Department to give the Commission an opportunity (not saying
that the Department hasn't done everything it possibly can) to think outside of the box so it can
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 12
SUBJECT
DISCUSSION
ACTION
come up with something the Department may want to consider. Deputy Chief Contrades
reiterated that he's open for suggestions, but he does not want the Commission to rehash
something the Department has already done.
Vice Chair Hertog asked Mr. Courson, in the absence of Mr. Trask, if it's within the
Commission's purview to form a PIG or process improvement team to which Mr. Courson
replied that he would consider it being on the fringe of the Commission's authority and would
refer to Section 11.03 a through a because he's not quite sure where it would all dovetail to. In
his opinion, it would fall under the rule that states as may be necessary for the conduct of its
business and the regulation matters relating to the goals and aims of the Department. But at the
same time, it might imply to the Chief that the Commission wants him to do things their way,
which brings it close to the section of the Charter where it states the Commission shall not
interfere with the routine administrative matters - hiring is critical but it's an administrative
matter and it's something that happens quite often. He added, as the Administrator for Boards
and Commissions, he would advise the Commission to consult with Mr. Trask, but as an
attorney himself, he would say that the Commission is close to a line it may not want to cross.
Vice Chair Hertog asked Mr. Courson in the meantime, if it was possible for the Commission to
provide the Chief with recommendations until next month when Mr. Trask is present to discuss
whether or not it is within the Commission's purview per the Charter to form a PIG to which Mr.
Courson replied sure, and added that the Commission is there to supervise the Chief by letting
him know what the appropriate goals are, versus a PIG where the members would have to
interact with the Department at the very minimum, which can be very time-consuming to collect
information which may end up being just a suggestion.
Vice Chair Hertog stated based on the Deputy's presentation, she believes that the Commission
has all the information it needs. She asked if it was possible for the Commissioners to ask
questions even if the Department is already doing it to which Mr. Courson replied he didn't have
a roblem with the Commissioners asking questions.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 13
SUBJECT
DISCUSSION
ACTION
Chair Bahouth stated that the Commissioners should be cautious on how it presents its
recommendations to the Chief because when the time comes to do his performance review, some
commissioners may hold him accountable for not completing the recommendation, which is
unfair because the Chief may firmly believe that that recommendation is interfering with his
administrative duties, so to hold him accountable in that aspect would be unfair.
Vice Chair Hertog stated that if that's the case, then she expects the Chief to come to the
Commission to say get out of his lane. It may seem that the Commission is trying to interfere
and sometimes they do overstep their boundaries, but it's not because of malice; the Commission
just wants help but it can't because of the Charter. Deputy Chief Contrades stated that he
wouldn't call it interfering. Besides, KPD will always take any suggestions that the Commission
puts forward very seriously.
With no further comments or questions, Chair Bahouth moved on to the Chiefs monthly reports.
Chiefs Monthly
Deputy Chief Contrades stated other than his presentation to the County Council relating to the
Vice Chair Hertog moved
Reports/Pertinent
Department's Fiscal Year 2018-2019 budget, he had no further announcements to make.
to take item KPC 2018-09
Updates and
before item KPC 2018-04.
Announcements
Chair Bahouth asked if he could give a brief overview of what was presented to Council in terms
Ms. Adams seconded the
of the budget. Staff informed Chair Bahouth that the item relating to the Department's Fiscal
motion. The motion carried
Year Budget for 2018-2019 was at the end of the agenda, but if the Commission wanted to take
6:0.
the agenda out of order, he should call for a motion to that effect.
KPC 2018-09
Discussion on the Department's 2018-2019 Fiscal Year Budget that was presented to the County
Council on Tuesday, April 3, 2018.
Deputy Chief Contrades stated that the Department asked for a budget of $36 million, reflecting
an increase of roughly $2 million from last year's budget. Outside of the salaries, the
Department asked for $380,000 for bomb squad equipment of which $120,000 will come from
the federal government's weapons of mass destruction funding to help offset the cost to the
County. He shared that KPD, in partnership with Hawaii Island Police Department and the
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 14
SUBJECT
DISCUSSION
ACTION
Maui Police Department, is working on creating a new Hawaii Inter -Island Bomb Squad. In
addition, Mayor Carvalho Jr. approved the purchase of new marked units for the patrol unit,
including money for new equipment and other needs.
CIP Budget - the Department received $6 million in bond funding for the new Kawaihau
Substation; however, $2.7 million were repurposed for what Council calls "shovel -ready
projects", which leaves $3.3 million and not enough to build the new Kawaihau Substation. As
for the remaining $3.3 million, the Department wants to combine $230,000 of asset forfeiture
funds that was originally allocated for the KPAL facility at the Vidinha Stadium with the $3.3
million to pay for architecture plans for the new Kawaihau Substation, and use the rest of the
money to build a new training/classroom facility at the Kauai Police Department's property in
Lthu`e and to build more offices ace for its staff.
KPC 2018-04
Discussion and possible decision -making on whether or not the Commission should form a
Mr. Morita moved to defer
Permitted Interaction Group to get a better understanding on how the recruitment process in the
item KPC 2018-04 to the
Kauai Police Department works and report its findings to the Commissioners at the
Commission's meeting in
Commission's next regularly scheduled monthly meeting. (Deferred on March 23, 2018)
May. Ms. Adams seconded
the motion. The motion
Vice Chair Hertog stated that the item is at a standstill until the Commissioners can get an
carried 6:0.
opinion from Mr. Trask on whether or not the Commission can form a PIG.
KPC 2018-05
Discussion on clarifying the 2018-2019 Fiscal Year goals for the Kauai Police Department and
how to proceed with Chief s evaluation.
Mr. Mince asked if the departmental goals have already been set and shared with the
Commissioners to which Chair Bahouth replied based on the meeting minutes of March 23,
2018, the goals have been set and shared amongst the Commissioners. Mr. Mince noted that the
departmental goals he is specifically looking for would have a starting date of July 1, 2018, to
which Vice Chair Hertog replied that there are a total of eight departmental goals of which seven
are from the presentation that was made to Mayor Carvalho and the other goal came from some
of the suggestions that were made by the Police Commission.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 15
SUBJECT
DISCUSSION
ACTION
Chair Bahouth clarified that the nine departmental goals that have been selected are as follows:
1. Hold two Junior Police Academy classes and one Citizen's Police Academy in the next
fiscal year
2. Conduct traffic safety assessments for all public elementary and middle schools
3. Increase OVUI enforcement by 10 percent over the Fiscal Year 2018
4. Conduct Departmental Morale Climate Assessment
5. Conduct leadership trainings for all first -line supervisors
6. Provide Enhanced Crisis Negotiator training
7. Establish policies to distribute prescriptions of Narcan to KPD police officers to protect
the officers and K-9 from dangers of being exposed to fentanyl
8. Explore options regarding vacancies and recruitment (Pending)
Mr. Mince asked if it was possible for the Commission to get a copy of the departmental goals
with a starting date of July 1, 2018, including a matrix to measure how the goals are progressing
to which Vice Chair Hertog replied it shouldn't be a problem with the new records management
system. Deputy Chief Contrades replied sure.
Relative to the Chief s performance evaluation form, Mr. Mince stated that the Commission has
two forms: a long form (12 month period) and a short form (semi-annual evaluation). Because
the evaluation period changed from a calendar year to fiscal year submission of departmental
goals and objectives, he recommends that the Commission use the long form come June 30,
2018, because it would put the Commission back on schedule and back to using the right form
being done at the right timeframe which covers a 9 '/z-month period. He added that because the
Ms. Adams moved to accept
Chief has been off for a while, it should make the evaluation easier to do; all the Commissioners
Mr. Mince's recommendation
need to know is how the Chief did on the interim goals from January to June 2018.
to use the long evaluation
form to evaluate the Chief of
With no further discussion, Chair Bahouth called for a motion to accept Mr. Mince's
30, 2018.
Vice Chair Police come June JuneHertoseconded
recommendation that the Commission use the long form to evaluate the Chief come June 30,
the motion. The motion
2018.
carried 6:0.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 16
SUBJECT
DISCUSSION
ACTION
Deputy Chief Contrades provided an update on January 2018 to June 2018 departmental goals
and objectives.
Expansion of the Evidence Storage at KPD Headquarters by adding973 square feet of storage
ssvace
Status: Completed
Provide in-service training to at least 80 of the Department's sworn officers with legal updates
on the use of force while keeping at the forefront individuals with possible mental health
disabilities/mental issues '
Status: Still being worked
Construct a police dog (K9) quarantine kennel at KPD Headquarters
Status: Completed
Acquire a police tracking dog (K9) to assist in search and recovery of missing person
Status: Completed
Finalize lease and receipt of 15 new marked police vehicles
Status: Completed
Implement RMS Spillman-eBench Warrant interface
Status: Nearing completion
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 17
SUBJECT
DISCUSSION
ACTION
Mr. Mince asked if the implementation of the Alarm Ordinance Program has been completed to
which Deputy Chief Contrades replied that the billing system has been implemented. Acting
Assistant Chief Ozaki added that from what he understood, the alarm companies would not
provide KPD with their list of registered owners. Assistant Chief Gausepohl added that after
reviewing the filing process, KPD found that it only encourages people not to register because
the fines are very costly if they do register. In an effort to fix that glitch, KPD came up with a
bill (which was reviewed by their attorney) that would not penalize a person. Vice Chair Hertog
asked if KPD was coming up with some type of method to get the alarm companies to hand over
their list of customers or were they just going to wait until their alarms go off to see if the person
is registered and if not KPD would bill them to which Assistant Chief Gause ohl replied yes.
KPC 2018-06 and
Discussion and possible decision -making on revising the Kauai Police Commission Rules on
Vice Chair Hertog moved that
Administrative Practice and Procedure to reflect the Intermediate Court of Appeals decision of
KPC 2018-08
the Commission revise its
June 2016 regarding the discipline of the chief of police, commission oversight and supervision
rules to include language as
of the chief, and a discussion on formalizing the Police Commission agendas.
presented by Mr. Mince and
Mr. Mince asked Chair Bahouth if he could include item KPC 2018-08 into the discussion to
that he draft the language for
which Chair Bahouth replied sure.
distribution to theCommissioners
via Staff for
discussion at the
Mr. Mince provided a brief history of the Commission's efforts to revise the Police Commission
Commission's May meeting.
Rules which was adopted on January 26, 2018. He explained that the purpose of his discussion
Ms. Adams seconded the
is to propose revising the rules to include language that emphasizes the Commission's oversight
motion. The motion carried
and supervisory responsibilities over the chief of police and an organizational chart along with
6:0.
an explanation on its structure and a preamble that reflects specific directions on what the Police
Commission can and cannot do. Ms. Adams asked if the Commission would have to form a PIG
like it did the last time the Commission revised its rules. Chair Bahouth stated that since Mr.
Mince had already worked on a frame, it might be best for him to put it on paper and email it to
Mercedes so she can email the Commissioners individually for review and discussion at the May
meeting. Vice Chair Hertog noted that it would be appropriate to include the Chief into the
discussion as well. With no further discussion, Chair Bahouth called for a motion.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 18
SUBJECT
DISCUSSION
ACTION
Mr. Mince stated for item KPC 2018-08 that he would like to propose to have a semi -fixed
agenda for every meeting so that future commissions would know the things that needed to be
discussed in executive session and nothing would fall through the cracks.
Administrator Courson explained that posting an item on the agenda is not a problem, but the
Commission cannot do a catch-all agenda because each item must have a sufficient description
to be considered by the Commission. However, if staff gets internal instructions or a document
that clearly states this is what the Commission wants to review, staff will make sure that the
item(s) are placed on the agenda.
Chair Bahouth stated that the Commission wants to have an ongoing business item for both open
and executive sessions because some items seem to recur from time to time. Mr. Mince pointed
out that the Planning Commission's agenda has long-standing items listed at the beginning of
their agenda. Administrator Courson stated that if the Commission wanted to have an agenda
similar to what the Planning Commission has, that wouldn't be a problem, but under each
specific item, the Commission would need to articulate what the item was for. As for tracking
unfinished business, if the Commission felt things were falling between the cracks, that was
something the Office of Boards and Commissions would need to work on administratively and
not so much as a rule change. Furthermore, if things did fall off of the agenda, that's because
staff thought the Commission was done with the item.
Vice Chair Hertog stated that it's the Commissioners' fault, not staff s fault, for not keeping
track until they all read the minutes, and by that time, the next agenda has already been posted.
Administrator Courson stated the solution is for staff to work with the Commission or jump in if
we think the item could be an ongoing issue. Chair Bahouth asked Mr. Mince if he could
prepare a sample of the agenda and send it to Mercedes for distribution to the Commissioners to
which Mr. Mince replied sure. Ms. Omo noted that items KPC 2018-04, KPC 2018-06, and
KPC 2018-08 will remain on the agenda for continued discussion. Administrator Courson added
that Chair Bahouth could call for a motion to have Mr. Mince draft a sample of the agenda for
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 19
SUBJECT
DISCUSSION
ACTION
circulation amongst the Commissioners to which Chair Bahouth agreed and called for the
Ms. Adams moved to have
motion. With no further discussion, Chair Bahouth moved on to the announcements.
Mr. Mince draft a sample of
the Commission's agenda for
distribution amongst the
Commissioners. Vice Chair
Hertog seconded the motion.
The motion carried 6:0.
Announcements
Next regularly monthly meeting — 9:00 a.m. on Friday, May 25, 2018, at the Mo'ikeha Building,
Meeting Room 2A/2B. Executive Session to follow.
At 11:26 a.m. Chair Bahouth called for a five-minute recess.
Executive Session
At 11:37 a.m. the meeting reconvened.
At 11:38 a.m. Vice Chair Hertog began to cite the following Hawaii Revised Statutes to bring
the meeting into Executive Session.
Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4), the purpose of this Executive
ES
Session is for the Commission to review and discuss charges brought against an officer or
IPC 2018-001
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:
Monthly update by Office of Professional Standards Lieutenant James Miller on the status of the
Department's disposition on all formal notarized complaints that were filed with the Police
Commission and referred to the Office of the Chief for further review.
a) Confidential communication dated March 28, 2018, from Deputy Chief Michael Contrades for
Chief Darryl Perry to Chair Bahouth regarding the Department's final disposition for Notarized
Complaint No. KPC 2017-006/KPD ADM 17-004.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 20
SUBJECT
DISCUSSION
ACTION
b) Confidential communication dated April 6, 2018, from Assistant Chief Robert Gausepohl for
Chief Darryl Perry to Chair Bahouth regarding the Department's final disposition for Notarized
Complaint No. KPC 2017-008.
ES
Monthly update by Chief Perry or his designated representative on any significant adverse
KPC 2018-002
incidents/events involving personnel in the Kauai Police Department that could potentially
impact the County, the Police Commission and the Kauai Police Department.
KPC 2018-013
Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (4), the purpose of this Executive
Session is for the County Attorney to provide an update on the Department's handling of public
complaints and an update on the Police Union stance on an officer versus officer complaint and
to consult with its attorney as to its powers, duties, privileges, immunities and/or liabilities as
they relate to this agenda item.
KPC 2018-013
New Formal Notarized Complaint No. KPC 2018-004 filed against a 911 Dispatcher in the
Kauai Police Department. The complainant alleges conduct unbecoming of a 911 Dispatcher.
Fearful for her safety as well for other motorists, the complainant alleges that the 911 Dispatcher
did not send an officer to help the complainant to the location where her vehicle stalled.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 21
SUBJECT
DISCUSSION
ACTION
KPC 2018-014
New Formal Notarized Complaint No. KPC 2018-005 filed against an officer in the Kauai
Police Department. The complainant alleges conduct unbecoming of a police officer. In an
attempt to serve a temporary restraining order to the complainant, the officer told her son that he
would bust down the complainant's door and arrest the complainant if she did not answer the
door.
KPC 2018-015
New Formal Notarized Complaint No. KPC 2018-006 filed against an officer in the Kauai
Police Department. The complainant alleges misconduct in the investigation of an unattended
death.
KPC 2018-016
New Formal Notarized Complaint No. KPC 2018-007 filed against an officer in the Kauai
Police Department. The complainant alleges that she and members of her family were forced to
leave their family -owned property without a signed warrant and was threatened by the officer
that they would be arrested if they return to the property.
ES
Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (4), §92-9 (a) (1-4) and (b), the purpose of
Ms. Adams moved to enter
KPC 2018-017
this Executive Session is for the Commission to approve the Executive Session meeting minutes
into Executive Session. Vice
of March 23, 2018, and to consult with its attorney on issues pertaining to the Commission's
Chair Hertog seconded the
powers, duties, privileges, immunities, and/or liabilities as they may relate to this agenda item.
motion. The motion carried
6:0. At 11:26 a.m. the
Chair Bahouth called for a motion to enter into Executive Session.
Commissioners entered into
Executive Session.
Return to Open
At 1:10 p.m. the Commissioners reconvened in Open Session. Chair Bahouth noted that Ms.
Vice Chair Hertog moved to
Session to ratify
Adams had to leave the meeting, then called for a motion to ratify the actions taken in Executive
ratify the actions taken in
the actions taken
Session.
Executive Session. Mr.
in Executive
Morita seconded the motion.
Session
The motion carried 5:0.
ES KPC 2018-001:
Motion carried 6:0 to receive
the communications dated
March 28, 2018, and April 6,
2018.
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 22
SUBJECT
DISCUSSION
ACTION
ES KPC 2018-002:
No report
ES KPC 2018-012:
The Commissioners received
a briefing by County Attorney
Mauna Kea Trask.
ES KPC 2018-013:
Motion carried 6:0 to defer
the item to the Commission's
meeting in May.
ES KPC 2018-014:
Motion carried 6:0 not to
consider the complaint; notify
the complainant by letter that
the complaint was written as a
third -party complaint.
ES KPC 2018-015:
Motion carried 6:0 to defer
to the Commission's meeting
in May.
ES KPC 2018-016:
Motion carried 6:0 to defer
to the Commission's meeting
in May.
ES KPC 2018-017:
Motion carried 5:0 to approve
the Executive
Session meeting minutes of
March 23, 2018 as amended
Kauai Police Commission
Regular Open Session Meeting Minutes of
April 27, 2018. Page 23
SUBJECT
DISCUSSION
ACTION
Adjournment
Chair Bahouth called for a motion to adjourn the meeting.
Vice Chair Hertog moved to
adjourn the meeting.
Mr. Morita seconded the
motion. The motion carried
5:0. At 1:10 p.m. the meeting
adjourned.
Submitted by:
Mercedes Omo, Staff Support Clerk
() Approved as circulated on
() Approved as amended. See minutes of meeting.
Reviewed and Approved by:
Mary K. Hertog, Vice Chair
KAUA' I POLICE DEPARTMENT
POLICE COMMISSION MONTHLY REPORT
INVESTIGATIVE SERVICES BUREAU
GENERAL CRIMES SECTION
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
Death Investigation
REPORTING PERIOD
April 2018
A 71 year old male was visiting Kauai along with his family. While in his hotel room his spouse
observed that he was having difficulties breathing. Medics transported the finale to the Wilcox
Emergency room where the male passed away a short time later. The deceased had a history of heart
conditions but based on him being a visitor an autopsy was requested. An autopsy was performed and
the cause of death was ruled as Arteriosclerotic Cardiovascular Disease and manner as Natural.
Sexual Assault
An adult fe Hale visitor stated that she was sexually assaulted by an unknown male also visiting from
the mainlar d. The assault reportedly occurred at Salt Pond Beach P rk while the victim and the suspect
were sleepi g in the same sleeping bag. The suspect was reportedl camping in Kalalau and evacuated
from the area during the north shore flooding. The victim stated that the suspect left Kauai prior to her
reporting the assault. A SANE exam was conducted with the victim. The SANE kit will be sent to a lab
for testing and if a male profile is obtained it will be uploaded into CODIS in hopes of identifying the
offender.
Sexual Assault
An adult female employee of the cruise ship "Pride of America" reported that she was sexually
assaulted by a male coworker. The assault occurred on the ship while it was docked on the island of
Maui. The suspect was contacted and refused to make a statement. The suspect was arrested and
released pending investigation. Per Pride of America company policy the suspect was removed from
the ship and was to be flown back to his home country of Grenada. Based on the assault occurring in
Maui County the KPD report was forwarded to them for final disposition.
SPECIAL FOCUS SECTION
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
Extortion / Robbery / Terroristic Threatening
An adult male was arrested in the Hanalei District for Extortion in the First Degree, Robbery in the
Second Degree and Terroristic Threatening in the Second Degree. The suspect allegedly promised
individuals who were trapped on the North Shore of the island due to the massive floods and landslides,
a ride in his boat to a safe location. Once the individuals boarded the vessel and began to travel on the
ocean, the boat captain and crew demanded money, or they would make the boat passengers swim back
to the shoreline. The suspect was arrested, and his boat was seized as evidence. The suspect was
released pending further investigation.
Arrest Warrant / Burglary Suspect
An adult finale was arrested in the Lihue District on a Warrant of Arrest after being identified as a
suspect in numerous burglaries island wide. During the arrest of the suspect, a canine was requested,
and responded to the location of the arrest and conducted a canine sniff. The canine alerted to the odor
of narcotics, and the vehicle was seized as evidence. A search warrant was obtained and executed
resulting in the recovery of illegal narcotics and burglary related items. The suspect is currently
incarcerated at Kauai Community Correctional Center.
Extradition
An adult male suspect was extradited from Klamath Falls, Oregon on a Revocation of Terms of
Probation Warrant and is currently incarcerated at Kauai Community Corrections Center. The
extradition was conducted without injury or incident.
Theft
An adult male was arrested in the Waimea District for heft in the First Degree. The suspect was
allegedly involved in a verbal altercation with his adul sister, became upset, and allegedly took his
sister's black -colored, hard, pistol case containing a pistol without permission. The suspect was
subsequently located with the pistol case in plain view within his vehicle. The suspect was advised of
his constitutional rights, and elected not to provide a statement. The suspect was arrested. A search
warrant was obtained and executed resulting in the recovery of the pistol case, but not the pistol. Based
on the totality of circumstances, the suspect was released pending further investigation.
Death Investigation
A Special Focus Detective conducted an Unattended Death investigation in regards to an adult,
deceased male subject in the Koloa District. The investigation revealed that the male subject suffered
from several medical ailments that led to his death. An autopsy was conducted that confirmed the
preliminary investigation. No signs of foul play detected or suspected.
Missing Person
A Special Focus Detective conducted a Missing Person investigation in regards to an adult male who
was reported as missing in the Lihue District. The male subject was located by the Detective, and was
not actually missing. No signs of foul play detected or suspected.
Attempted Suicide
A Special Focus Detective conducted a Suicide investigation in regards to an adult female who
attempted suicide in the Lihue District. The investigation revealed that the victim suffered from
depression and has been seeing a therapist for the past few years. The victim consumed a large quantity
of prescription pills in an attempt to commit suicide due to her depression. The victim is currently alive
with the assistance of a ventilator. No signs of foul play detected or suspected. The investigation and
the totality of the evidence revealed that the victim acted on her own accord.
Arson
A Special Focus Detective conducted an Arson investigation in the Waimea District in regards to
residence that was destroyed by fire. Based on the preliminary investigation conducted by the Fire
Inspector and the Detective, it appears that the fire was of suspicious nature, and intentionally set. This
is a continuing investigation, and no arrests have been made at this time.
Welfare Check
A Special Focus Detective conducted a Suicidal Subject investigation in the Kawaihau District in
regards to an adult suicidal male visitor. The visitor was communicating with his family on the
mainland stating that he was going to commit suicide, and his family alerted the Police Department.
The finale suspect was subsequently located in a restaurant and informed Detectives that he was going
to commit suicide but changed his mind. The investigation revealed that the subject suffers from mental
illness and has had suicidal thoughts in the past. It appeared that the subject's suicidal thoughts were
brought on from alcohol intoxication. As the subject began to sober up, he realized that he no longer
wanted to commit suicide. The subject's family arrived on island and transported him back to the
mainland for additional treatment.
VICE SECTION
MAJOR INCIDENTS / NOTABLE HIGHLIGHTS:
Flooding / Evacuation / Recovery
With the recent record breaking rain fall and flooding, the Vice Section assisted with the initial air
evacuations for isolated Haena and Wainiha residence due to multiple landslides blocking Kuhio
Highway. The unit also assisted with the initial security, mobilization of flown in supplies and safety
needs for the trapped residence on the North Shore with running 24 hour shifts.
DEA Drug Takeback
The 151" annual drug take back initiative for Kauai resulted in 26 boxes being filled with a total weight
of 273.2 pounds of unused and expired medication. The United States Coast Guard assisted with
transporting the 26 boxes from Kauai to Oahu for proper disposal.
:r
Submitted by:
Electronically Submitted
Bryson Ponce K-6
Assistant Chief ISB
05/14/18 1227 hours
ASSIGNMENT
Kauai Police Department
Police Commision Monthly Report
Investigative Services Bureau
Reporting Period April 2018
CASE DISPOSITION
Carry Cases Total Total
RTP
RO
Arrest
Arrest
% Cases
Cases PFD Carry Over
Over Assign Offenses Case
9 UNF
Other
Closed
Closed Next Month
Self
12 4 25 16 0
3
1
0 0
25.00%
4 0 12
ENFORCEMENT
Felony MD/PM
Viol
Total
Info
Arrest
Grand
Arrest Arrest
Arrest
Arrest
Charge
Warrant
Jury
6 1
0
7
4
0
0
DRUG DATA
Purchased/Seized •- •/Narc, Amphet or • • $0.00
Item Name: DRUG
DRUG A.W.S. Item Number
Totals for DRUG A.W.S.: 1.00 Residue - Value: $0.00
DRUG CRYSTAL SUBST. Item Number
Totals for DRUG CRYSTAL SUBST.: 73.80 Gram - Value: $0.00
DRUG DIGITAL WEIGHIN Item Number
Totals for DRUG DIGITAL WEIGHIN: 1.00 Residue - Value: $0.00
DRUG GLASS CYLINDER Item Number
Totals for DRUG GLASS CYLINDER: 1.00 Residue - Value: $0.00
DRUG PVC PIPE Item Number
Totals for DRUG PVC PIPE: 1.00 Residue - Value: $0.00
DRUG REDIWHITE STRAW Item Number
Totals for DRUG RED/WHITE STRAW: 1.00 Gram - Value: $0.00
DRUG SNICKERS TIN Item Number
Totals for DRUG SNICKERS TIN: 1.00 Gram - Value: $0.00
DRUG UNK Item Number
Totals for DRUG UNK: 1.00 Residue - Value: $0.00
DRUG UNK TUBE W BULB Item Number
Totals for DRUG UNK TUBE W BULB: 1.00 Residue - Value: $0.00
DRUG ZIPLOC BAG Item Number
Totals for DRUG ZIPLOC BAG: 1.90 Gram - Value: $0.00
DRUG ZIPLOC BAGGIE Item Number
Totals for DRUG ZIPLOC BAGGIE: 2.70 Gram - Value: $0.00
Purchased/SeizedTotal Value for DRUG: $0.01,
•- • • • 11 11
Item Name: DRUG
DRUG BLACK TAR Item Number
Totals for DRUG BLACK TAR: 1.00 Gram - Value: $1,500.00
DRUG LOADED SYRINGE Item Number
Totals for DRUG LOADED SYRINGE: 40.00 Dosage Units or Items - Value: $0.00
Purchased/Seized •- • • $0.00
Item Name: DRUG
DRUG BERRY BLASTERS Item Number
Totals for DRUG BERRY BLASTERS: 4.00 Dosage Units or Items - Value: $0.00
DRUG CBD MJ OIL Item Number
Totals for DRUG CBD MJ OIL: 1.77 No Drug Measure Reported - Value: $0.00
DRUG COTTON CANDY Item Number
Totals for DRUG COTTON CANDY: 1.00 Gram - Value: $0.00
DRUG DRIED GREEN SUB Item Number
Totals for DRUG DRIED GREEN SUB: 2.70 Gram - Value: $0.00
DRUG SPACEMAN MINT Item Number
Totals for DRUG SPACEMAN MINT: 1.00 Dosage Units or Items - Value: $0.00
DRUG UNK Item Number
Totals for DRUG UNK: 7.90 Residue - Value: $0.00
DRUG UNK "HAPPY HOL" Item Number
Totals for DRUG UNK "HAPPY HOL": 1.00 Residue - Value: $0.00
DRUG UNK CIGARETTE Item Number
Totals for DRUG UNK CIGARETTE: 1.10 Gram - Value: $0.00
DRUG UNK ZIPLOC BAGS Item Number
Totals for DRUG UNK ZIPLOC BAGS: 1.00 Residue - Value: $0.00
DRUG URBN LEAF Item Number
Totals for DRUG URBN LEAF: 7.50 Gram - Value: $0.00
mraw.. WIN
F-urchased/beized •- • Other Drugs• T. ,1 11
Item Name: DRUG
DRUG PRESCRIPTIONJAR Item Number
Totals for DRUG PRESCRIPTIONJAR: 1.00 Dosage Units or Items - Value: $0.00
Total Value - — - for D- 04
Kauai Police Department
Police Commission Monthly Report
Calls for Service and Incident Summary
Reporting Period April 2018
Calls for Service Summary
Reported Incident Summary
Current
Prior
Year To
Current
Prior
Year To
Period
Period
Date
Period
Period
Date
Apr 2018
Mar 2018
2018
Apr 2018
Mar 2018
2018
LIHUE
1,018
992
4,067
LIHUE
777
726
2,995
WAIMEA
541
553
2,117
WAIMEA
208
246
845
KOLOA
374
371
1,368
KOLOA
398
392
1,499
KAWAIHAU 1,023
905
3,682
KAWAIHAU
685
660
2,570
HANALEI
491
401
1,682
HANALEI
281
255
1,035
Others
87
53
285
Others
2
1
14
Current Period to Prior Period Comparison
Current
Period to Prior Period Comparison
1200
80o
1.018 992
1000
1023
726
700
&�
905
600
800
500
600
400
398 392
491
300
400
371.
208 246
255
200
200
}
L87
100
2 1
0
LIHUE
--
WAIMEA KOLOA
—
KAWAIHAU HANALEI
Others
0
LIHUE
WAIMEA KOLOA
KAWAIHAU HANALEI
Others
FE-ZU--t Period
#Prior Period
■ #Currant Period
#Prior Penod
y Kauai Police Department
-g Police Commission Monthly Report
Collision Summary
Reporting Period April 2018
Totals for the month of April 2018
Total
Total
Fatal
Total
Fatal
Injury
Count
Insured
T/C
T/C
0
0
0
0
Lihue
0
14
0
8
Waimea
1
3
1
3
Koloa
0
7
0
6
Kawaihau
0
8
0
8
Hanalei
0
3
0
3
Totals
1
35
1
28
Major TC Minor TC Total
14
38
52
4
12
16
11
19
30
9
25
34
5
15
20
43
109
152
Totals Year to Date
Total
Total
Fatal
Total
Fatal
Injury
Count
Insured
T/C
T/C
0
4
0
4
Lihue
0
55
0
37
Waimea
1
9
1
7
Koloa
0
37
0
27
Kawaihau
0
51
0
36
Hanalei
0
24
0
16
Totals
1
180
1
127
Manor TC
Minor TC
Total
55
172
227
15
34
49
36
73
109
53
113
166
22
47
69
181
439
620
Kauai Police Department
Police Commission Monthly Report
Traffic Enforcement Summary
Reporting Period April 2018
Misc
Current Prior Year
Period Period To Date
Apr 2018 Mar 2018 2018
LIHUE
107
169
546
WAIMEA
71
35
166
KOLOA
110
95
459
KAWAIHAU
148
124
525
HANALEI
71
47
213
24
18
60
Mobile Device
Current Prior Year
Period Period To Date
Apr 2018 Mar 2018 2018
LIHUE
19
7
40
WAIMEA
0
2
6
KOLOA
3
5
8
KAWAIHAU
41
8
55
HANALEI
2
0
11
1
4
6
Moving
Current Prior Year
Period Period To Date
Apr 2018 Mar 2018 2018
LIHUE
91
123
433
WAIMEA
51
29
113
KOLOA
70
74
299
KAWAIHAU
96
79
356
HANALEI
42
38
141
17
15
42
180
160
140
120
100
60
60
40
20
0
LIHUE
45
40
35
30
25
20
15
10
5
0
LIHUE
140
120
100
60
60
40
20
0
LIHUE
Misc Violations
WAIMEA KOLOA KAWAIHAU HANALEI Others
R.-- --
Mobile Violations
WAIMEA KOLOA KAWAIHAU HANALEI Others
Moving Violations
WAIMEA KOLOA KAWAIHAU HANALEI Others
-�-- Kauai Police Department
Police Commission Monthly Report
Traffic Enforcement Summary, continued
Reporting Period April 2018
Parking
320
Current
Prior
Year
260
Period
Period
To Date
240
Apr 2018
Mar 2018
2018
200
LIHUE
16
25
67
160
WAIMEA
5
7
14
120
KOLOA
89
109
245
6o
KAWAIHAU
13
16
58
40
HANALEI
106
285
653
22
40
119
0
so
Seatbelt
Current
Prior
Year 1i
Period
Period
To Date
Apr 2018
Mar 2018
2018 12
LIHUE
11
5
33 a
WAIMEA
0
0
8
KOLOA
6
9
17 4
KAWAIHAU
14
19
55
HANALEI
2
11
32 0
3
1
10
Speeding
Current Prior Year
Period Period To Date
Apr 2018 Mar 2018 2018
LIHUE
46
36
122
WAIMEA
16
15
50
KOLOA
22
18
104
KAWAIHAU
34
6
49
HANALEI
2
0
4
2
0
2
Parking Violations
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI Others
i Kin — —:-,
Seatbelt Violations
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI Others
--
Speeding Violations
50
46
40
36
34
30
22
20
18 16
t0
6
0
LIHUE WAIMEA KOLOA KAWAIHAU
■-- --
HANALEI Others
Kauai Police Department
Police Commission Monthly Report
Arrest Summary
Reporting Period April 2018
Adult Arrest Summary
Current
Prior
Period
Period
Apr 2018
Mar 2018
LIHUE
105
100
WAIMEA
24
34
KOLOA
27
35
KAWAIHAU
71
77
HANALEI
20
19
Others
1
0
120
100
80
60
40
20
0
LIHUE
Current Period to Prior Period Comparison
WAIMEA KOLOA KAWAIHAU HANALEI
■ #Current Period #Prior Period
Year To
Date
2018
389
122
117
261
70
3
Others
Juvenile Arrest Summary
Current
Prior
Period
Period
Apr 2018
Mar 2018
LIHUE
41
61
WAIMEA
20
12
KOLOA
3
5
KAWAIHAU
46
24
HANALEI
2
0
70
60
50
40
30
20
10
0
Current Period to Prior Period Comparison
61
Year To
Date
2018
149
47
18
123
5
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI
■ #Current Period #Pnor Period
M Kauai Police Department
Police Commission Monthly Report
Offense Data by Severity
Reporting Period April 2018
Adult Felony Offense Summary
Current
Prior
Year To
Period
Period
Date
Apr 2018
Mar 2018
2018
LIHUE
26
21
99
WAIMEA
8
5
31
KOLOA
7
11
39
KAWAIHAU
21
15
63
HANALEI
6
3
16
Others
1
0
5
Current Period to Prior Period Comparison
28
24
20
16
12
8
4
0
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI Others
■ Current Period #Prior Penod
Juvenile Felony Offense Summary
Current Prior Year To
Period Period Date
Apr 2018 Mar 2018 2018
LIHUE
4
1
11
WAIMEA
0
0
1
KOLOA
0
0
6
KAWAIHAU
1
1
2
Current Period to Prior Period Comparison
4
4
15 --
3
25
15
1 1 1
05 —
_ 0 0 0 0
LIHUE WAIMEA KOLOA KAWAIHAU
■ #Current Penod #Prior Period
Kauai Police Department
Police Commission Monthly Report
Offense Data by Severity
Reporting Period April 2018
Adult Misdemeanor Offense Summary
Current
Prior
Year To
Period
Period
Date
Apr 2018
Mar 2018
2018
LIHUE
54
42
199
WAIMEA
8
12
51
KOLOA
21
21
72
KAWAIHAU
37
43
129
HANALEI
11
12
40
Others
0
0
1
l:
1 54
30
20
10
Current Period to Prior Period Comparison
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI Others
#Current Penod #Prior Period
Juvenile Misdemeanor Offense Summary
Current
Prior
Year To
Period
Period
Date
Apr 2018
Mar 2018
2018
LIHUE 6
5
18
WAIMEA 3
1
5
KOLOA 0
1
1
KAWAIHAU 2
1
9
Current Period to Prior Period Comparison
6
6
5 5
__
4
7
3
2
2
1 1
1
1
0
0
LIHUE WAIMEA
KOLOA KAWAIHAU
r #Current Penod
#Prior Perior
Kauai Police Department
Police Commission Monthly Report
Offense Data by Severity
Reporting Period April 2018
Adult Petty Misdemeanor Offense Summary
Current
Prior
Year To
Period
Period
Date
Apr 2018
Mar 2018
2018
LIHUE
34
36
133
WAIMEA
11
19
52
KOLOA
5
11
27
KAWAIHAU
26
26
103
HANALEI
10
7
30
40
35
30
25
20
15
10
5
0
Current Period to Prior Period Comparison
10
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI
#Current Period #Poor Penod
Juvenile Petty Misdemeanor Offense Summary
24
20
16
12
8
4
0
Current
Prior
Year To
Period
Period
Date
Apr 2018
Mar 2018
2018
LIHUE
21
7
54
WAIMEA
8
6
21
KOLOA
2
0
6
KAWAIHAU
24
10
41
HANALEI
1
0
4
Current Period to Prior Period Comparison
24
6
LIHUE WAIMEA KOLOA KAWAIHAU HANALEI
#Current Period #Prior Period
Kauai Police Department
Police Commission Monthly Report
Offense Data by Severity
� Reporting Period April 2018
Juvenile Status Offense Summary
Current Prior Year To
Period Period Date
Apr 2018 Mar 2018 2018
LIHUE
5
30
85
WAIMEA
15
7
28
KOLOA
1
4
10
KAWAIHAU
17
7
32
HANALEI
1
0
1
32
28
24
20
18
12
8
4
0
LIHUE
Current Period to Prior Period Comparison
1 0
WAIMEA KOLOA KAWAIHAU HANALP
■ #Current Period #Prior Period
Kauai Police Department
-{ Police Commission Monthly Report
Reporting Period April 2018
LEGAL SERVICES
TRO Protective Orders
Summons / Other Family I Civil Family I Civil Subpoena Total
2 8 8 0 2 27 47
WARRANT TYPE
Arrest Warrants Bench Warrants eBW Traffic eBW Criminal
14 1 0
WARRANT TRACKING
0
Warrant Intake Served Recalled
17
w
E7
Juvenile Warrants
5
Outstanding
91
Kauai Police Department
Police Commission Monthly Report
Investigative Services Bureau
Reporting Period April 2018
Carry Cases Total Total RTP RO Arrest Arrest % Cases PFD Carry Over
Over Assign Offenses Case UNF Self Other Closed Next Month
37 181 247 218 8 32 108 1 39 95.41% 4 26
Carry Cases Total Total RTP RO Arrest Arrest % Cases PFD Carry Over
Over Assign Offenses Case UNF Self Other Closed Next Month
197 93 354 290 1 16 1 2 2 20.69% 37 213
ENFORCEMENT
Felony
MD/PM
Viol
Total
Info
Arrest
Grand
Arrest
Arrest
Arrest
Arrest
Charge
Warrant
Jury
2
0
0
2
0
0
0
Felony
MD/PM
Viol
Total
Info
Arrest
Grand
Arrest
Arrest
Arrest
Arrest
Charge
Warrant
Jury
3
2
4
9
0
2
0
Kauai Police Department - Police Commission Monthly Report Printed 51512018 9:54:31AM Page 11 of 11
Gerald Bahouth
Chair
Mary K. Hertog
Vice Chair
County of Kaua'i Police Commission
4444 Rice Street, Suite 150
Uhu'e, Hawaii 96766
(808) 241-4920 Fax (808) 241-5127
May 8, 2018
Members
Catherine Adams
Jonelle Jardin
Kevin Mince
Roy Morita
PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2018.003
After a diligent inquiry by the Commission, in which the Commissioners reviewed all available
materials, the Kaua'i Police Commission determined that although the incident upon which the charge is
based did occur there was insufficient evidence to support the allegations All parties have been properly
notified of the Commission's final disposition.
This officially concludes the Commission's review of notarized complaint KPC 2018-003.
Gerald Bahouth
Chair
GBlmro
Gerald Bahouth
Chair
Mary K. Hertog
Vice Chair
County of Kaua'i Police Commission
4444 Rice Street, Suite 150
Uhu'e, Hawaii 96766
(808) 241-4920 Fax (808) 241-5127
May 17, 2018
Members
Catherine Adams
Jonelle Jardin
Kevin Mince
Roy Morita
PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2018.005
After a diligent inquiry by the Commission, in which the Commissioners reviewed the complaint,
the Kaua'i Police Commission determined that the complaint was written by a third -party therefore could
not consider the complaint.
This officially concludes the Commission's review of notarized complaint KPC 2018-005.
Gerald Bahouth
Chair
GB/mro