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Home My WebLink About10-16-18 Sp. PC Meeting PacketGerald Bahouth Members: Chair Catherine Adams Leina' ala Jardin Kevin Mince Roy Morita Mary K. Hertog Vice Chair COUNTY OF KAUA'I POLICE COMMISSION NOTICE OF SPECIAL MEETING AND AGENDA Tuesday, October 16, 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 APPROVAL OF MEETING MINUTES • Special Open Session Minutes of September 17, 2018 • Special Open Session Minutes of September 20, 2018. ANNOUNCEMENTS Next Special Session Meeting - Thursday, October 17, 2018, 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Executive to follow. EXECUTIVE SESSION ES KPC 2018-033: 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 or amend the Executive Session meeting minutes of September 17, 2018 and September 20, 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. ES KPC 2018-034: 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 consult with its attorney as it relates to the recommendations presented by the Permitted Interaction Group on the hiring a new Police Chief, 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. Kaua `i County is an Equal Opportunity Employer RETURN TO OPEN SESSION Ratify the actions taken by Police Commission in Executive Session for the following agenda items: ES KPC 2018-033 and ES KPC 2018-034 EXECUTIVE SESSION Pursuant to Hawaii 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: mromoAkauai. ov Phone: (808) 241-4920 Facsimile: (808) 241-5127 cc: County Attorney Mauna Kea Trask 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 lagoot(iMauai.gov at least seven calendar days prior to the meeting. Kauai Police Commission — Tuesday, October 16, 2018 COUNTY OF KAUAI Minutes of The Police Commission SPECIAL OPEN SESSION MEETING Board/Commission Kauai Police Commission Meeting Date I September 17, 2018 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:00 a.m. I End of Meeting: 10:15 a.m. Present Chair Gerald Bahouth; Vice Chair Mary K. Hertog; Commissioners: Catherine Adams and Kevin Mince. Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Nicholas R. Courson; Office of the County Attorney: County Attorney Mauna Kea Trask; Deputy County Attorney Mark Ishmael; Police Department: Deputy Chief Robert Gausepohl; and Department of Human Resource: Human Resource Manager Jill Niitani. Excused Commissioners Leina'ala Jardin and Roy Morita Absent SUBJECT DISCUSSION ACTION Call To Order Chair Bahouth called the Special Session Meeting to order at 9:00 a.m. Chair There were no comments or announcements. Comments and Announcements Business KPC 2018-14 Discussion and decision -making on the Permitted Interaction Due to the nature of the item, the discussion Group recommendations on the hiring of a new Police Chief. (On -going) and decision -making took place in Executive Session. Announcements Next regular monthly meeting — Friday, September 28, 2018 at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Executive Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the At 9:05 a.m. Vice Chair Hertog cited the ES purpose of this Executive Session is for the Commission to discuss the hiring Hawaii Revised Statutes to bring the meeting KPC 2018-025 of a new Police Chief and other related items, and to consult with its attorney into Executive Session. on questions and issues pertaining to the Commission's powers, duties, privileges, immunities and liabilities as they may relate to this agenda item. KPC Special Open Session Meeting Minutes Of September 17, 2018 Page 2 SUBJECT DISCUSSION ACTION Chair Bahouth called for a motion to enter into Executive Session. Ms. Adams moved to enter into Executive Session. Vice Chair Hertog seconded the motion. The motion carried 4:0. At 9:05 a.m. the Commissioners entered into Executive Session. Return to Open At 10:15 a.m. the Commissioners reconvened in Open Session. Ms. Adams moved to ratify the actions taken in Session to ratify Executive Session. Vice Chair Hertog the actions taken Chair Bahouth called for a motion to ratify the actions taken in Executive seconded the motion. The motion carried 4:0. in Executive Session. Session ES KPC 2018-025: Motion carried 4:0 to re -charter a second Permitted Interaction Group ("PIG") with Commissioners Adams, Hertog and Mince as members of the PIG. The scope of the investigation are follows: 1) evaluate the written questions once the PIG receives them back; 2) continue to cull out the candidates to finalists; 3) come up with oral questions to determine the dates of the interviews for the finalists; 4) solidify the process of the investigation, CPI , PHP; 6) determine the final scoring process for the oral questions; 5) offer a job conditionally based on the results of the CPI, PHP and background investigation; 6) develop a of a timeline on the sequence of steps for presentational purposes. KPC Special Open Session Meeting Minutes Of September 17, 2018 Page 3 SUBJECT DISCUSSION ACTION Adjournment With no further business to conduct, Chair Bahouth called for a motion to Vice Chair Hertog moved to adjourn. adjourn the meeting. Ms. Adams seconded the motion. The motion carried 4:0 Submitted by: Mercedes Omo, Staff Support Clerk () Approved as circulated on () Approved as amended. See minutes of meeting. Reviewed and Approved by: Gerald Bahouth, Chair COUNTY OF KAUAI DRAFT Minutes of Meeting OPEN SESSION Board/Commission I Special Police Commission Meeting Meeting Date I September 20, 2018 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:03 a.m. End of Meeting: 10:03 a.m. Present Chair Gerald Bahouth; Vice Chair Mary K. Hertog; Commissioners: Catherine Adams, Leina'ala Jardin, Kevin Mince and Roy Morita. Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Administrator Nicholas R. Courson; Office of the County Attorney: Deputy County Attorney Mark Ishmael Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Bahouth called the meeting to order at 9:03 a.m. with six Commissioners present to conduct business. Chair None. Comments/ Announcements Executive Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (2) and (4), Ms. Adams moved to enter into Executive Session the purpose of this Executive Session is for deliberation and decision- Session. Mr. Morita seconded the motion. The ES KPC making by the Commission relating to the recommendations as presented motion carried 6:0. 2018-032 by the Permitted Interaction Group on 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 At 9:05 a.m. the Commissioners entered into liabilities as they may relate to this agenda item. Executive Session. Return to Open At 10:03 the Commissioners reconvened in Open Session. Chair Bahouth Vice Chair Hertog moved to ratify the actions Session to Ratify called for a motion to ratify the actions taken in Executive Session. taken in Executive for item ES KPC 2018-032. the actions taken in Executive Session Special Open Session Meeting Of the Kauai Police Commission September 20, 2018 Page 2 SUBJECT DISCUSSION ACTION Motion No. 1 Motion carried 6:0 to modify the transmittal letter to the Police Chief candidates clarify the dates of the interview. Motion No. 2 Motion carried 6:0 to amend the PIG's scope of investigation that was re -chartered at the Commission's September 17, 2018 meeting. 1) Evaluate the written responses once they are returned from the candidates; 2) Recommend to the Police Commission at the October 16 executive session meeting which candidates should be culled and which ones should be moved forward to the next phase; 3) Codify and recommend administrative processes (options) as to what the candidates have to accomplish: potential initial interview (with questions), the pre - job California Psychological Inventory (CPI); the Personal History Questionnaire (PHQ); the Personal History Packet (PHP); and the Background Investigation. The PIG must also discuss whether or not a Background Investigation is needed on anyone who does not meet the standards per the recommendations of the psychologist; Special Open Session Meeting Of the Kauai Police Commission September 20, 2018 Page 3 SUBJECT DISCUSSION ACTION 4) Develop recommendations in regard to the selected candidates needing a secret clearance; 5) Develop a new timeline based on the decisions made by the Police Commission; 6) Develop oral questions and scoring criteria for finalists that will be interviewed by the Police Commission (to be completed prior to October 16, 2018). Adjournment With no further business to conduct, Chair Bahouth called for a motion to Vice Chair Hertog moved to adjourn the adjourn the meeting. meeting. Ms. Adams seconded the motion. The motion carried 6:0. At 10:03 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: Gerald Bahouth, Chair