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Home My WebLink AboutAgenda 9-14-2018Gerald Bahouth Chair Mary K. Hertog Vice Chair Members: Catherine Adams Leina' ala Jardin Kevin Mince Roy Morita COUNTY OF KAUA'I POLICE COMMISSION NOTICE OF MEETING AND AGENDA Friday, September 14, 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 MAYORAL PROCLAMATION FOR POLICE CAPTAIN PAUL APPLEGATE RECAP OF THE 2018 HSLEOA CONFERENCE HELD ON SEPTEMBER 5-7, 2018 AT THE RITZ-CARLTON KAPALUA APPROVAL OF THE OPEN SESSION MEETING MINUTES OF JULY 27, 2018 CHIEF'S MONTHY REPORTS, ANNOUNCEMENTS AND PERTINET UPDATES 1. Administrative and Technical Bureau Reports, including an update on the Department's recruitment efforts 2. Fiscal Year Report as of July 31, 2018 3. Investigative Services Bureau 4. Calls for Service and Incident 5. Fiscal Year 2018-2019 Calendar Goals BUSINESS 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 2018-14 Report from the Permitted Interaction Group on its recommendations on the hiring of a new Police Chief. Kaua `i County is an Equal Opportunity Employer ANNOUNCEMENTS • Next regular monthly meeting - Friday, September 28, 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 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: 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. Final Complaint Dispositions (c) Communication dated August 3, 2018 from Acting Chief of Police Robert Gausephol to Chair Bahouth and members of the Kauai Police Commission regarding the Department's response to Attorney Daniel Hempey as it relates to complaint no. KPC 2018-009. (d) Communication dated August 6, 2018 from Deputy Chief of Police Robert Gausephol to Chair Bahouth and members of the Kauai Police Commission regarding the Department's final disposition for notarized complaint no. KPC 2018-007. (e) Communication dated August 7, 2018 from Deputy Chief of Police Robert Gausephol to Chair Bahouth and members of the Kauai Police Commission regarding the Department's final disposition for notarized complaint no. KPC 2018-005. ES KPC 2018-002 Monthly update by Acting 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. Kauai Police Commission — Friday, September 14, 2018 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. ES KPC 2018-029 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 officers in 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: (a) Communication from dated July 26, 2018 from Mayor Bernard P. Carvalho Jr. to Chair Gerald Bahouth and Members of the Kauai Police Commission regarding a complaint filed by an officer of the County alleging retaliation by senior members in the Kauai Police Department. ES KPC 2018-030 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 July 27, 2018 to consult with its attorney on issues pertaining to the Commission's powers, duties, privileges, immunities, and or liabilities as they may relate to this agenda item. ES KPC 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 regarding administrative rules. 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 2018-029, ES KPC 2018-030 and ES KPC 2018-031. 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, September 14, 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 to: Kaua'i Police Commission Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 E-Mail: mromo(a�kauai.gov Phone: (808) 241-4920 Facsimile: (808) 241-5127 cc: County Attorney Mauna Kea Trask Deputy 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 la2oot(&kauai.2ov at least seven calendar days prior to the meeting. Kauai Police Commission — Friday, September 14, 2018