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Home My WebLink AboutAgenda 12-21-2018Gerald Bahouth Chair Mary K. Hertog Vice Chair Members: Catherine Adams Leina' ala Jardin Kevin Mince Roy Morita Dean Pigao COUNTY OF KAUA'I POLICE COMMISSION NOTICE OF MEETING AND AGENDA Friday, December 21, 2018 9:00 a.m. or shortly thereafter Mo'ikeha Building, Meeting Room 2A/2B, Uihu`e, Hawaii 96766 CALL TO ORDER CHAIR'S COMMENTS/ANNOUNCEMENTS APPROVAL OF MINUTES • Special Open Session Meeting Minutes of November 12, 2018 • Special Open Session Meeting Minutes of November 13, 2018 • Special Open Session Meeting Minutes of November 14, 2018 • Regular Open Session Meeting Minutes of November16, 2018 CHIEF'S MONTHY REPORTS, ANNOUNCEMENTS AND PERTINENT UPDATES 1. Administrative and Technical Bureau Reports for the period of November 2018 2. Investigative Services Bureau 3. Summary Reports: Calls for Service and Incident, Collision, Traffic Enforcement, Arrest, Offense by Severity, Warrant/Warrant Type and Legal Services BUSINESS KPC 2018-17 Election of Chair and Vice Chair for Calendar Year 2019 (Deferred on 11/16/2018) KPC 2018-19 General overview by representatives from the Department of Human Resources on procedures used in investigating complaints that the Department deemed to have involve the Chief of Police. (Deferred on 11/16/2018) KPC 2018-20 Discussion and decision -making on approving a draft of recommendations pertaining to the Chief of Police Job Description under the minimum qualifications requirements and other desirable qualifications based on the Permitted Interaction Group's recommendations. Kaua `i County is an Equal Opportunity Employer KPC 2018-21 Copy of a thank you letter dated November 9, 2018 from Mike Burgett, the Owners, and Board and Directors at the Pali Ke Pua Condominiums at Princeville, Hanalei to the Kauai Police Department. The letter is in appreciation to Officers Castro and Luczon for their professional work in dealing with a mentally challenged individual. KPC 2018-022 Copy of a communication dated November 27, 2018 from Director of Human Resources Janine Rapozo to Ms. Solette Perry regarding an application for transfer of vacation & sick leave credit in lieu of vacation. ANNOUNCEMENTS • Next regular monthly meeting - Friday, January 25, 2019 at 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 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 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 Scott Williamson on the status of the Department's disposition on all formal notarized complaints that were filed with the Kauai Police Department, including 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 Acting Police Chief Michael Contrades 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 2018-025 Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the purpose of this Executive Session is for the Commission to discuss the hiring of a new Police Chief and other related items, and to consult with its attorney on questions and issues pertaining to the Commission's powers, duties, privileges, immunities and liabilities as they may relate to this agenda item. (On -going) Kauai Police Commission — Friday, December 21, 2018 ES KPC 2018-031 Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (4) the purpose of this Executive Session is for the Commission to consult with its attorney on issues pertaining to the Commission's powers, duties, privilege immunities, and or liabilities as they may relate to a discussion and possible decision - making on the Police Commission's administrative rules and the powers of the Police Commission under State Law and the County Charter, laws and polices. ES KPC 2018-035 Pursuant to Hawaii 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 powers, duties, privileges, immunities, and or liabilities as they may relate to the following agenda item: (a) Communication dated November 21, 2018 from Mayor Bernard P. Carvalho Jr., to Chair Gerald Bahouth regarding an Investigation Report on alleged workplace retaliation that was filed by a Sergeant in the Kauai Police Department. (b) New notarized complaint no. KPC 2018-009 filed against an unknown officer in the Kauai Police Department. The complainant alleges that the officer failed to comply with the statutory requirements of Hawaii Revised Statutes 291-12. ES KPC 2018-036 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 October 16, 2018, October 17, 2018, October 26, 2018 and November 16, 2018 and to consult with its attorney on issues pertaining to the Commission's powers, privileges, immunities, and or liabilities as they may relate to this agenda item. (Deferred on 11/16/2018) 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 2018-025, ES KPC 2018-031, ES KPC 2018-035and ES KPC 2018-036. 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. Kauai Police Commission — Friday, December 21, 2018 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 Kaua'i Police Commission Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 E-Mail: mromo(akauai.gov Phone: (808) 241-4920 Facsimile: (808) 241-5127 cc: Deputy County Attorney Mark Ishmael Acting Chief of Police Michael Contrades 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 lagootkkauai. gov at least seven calendar days prior to the meeting. Kauai Police Commission — Friday, December 21, 2018