Loading...
HomeMy WebLinkAbout01-26-18 PC Approved Minutes Open Session daCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: Kauai Police Commission Meeting Date I January 26, 2018 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 9:00 a.m. I End of Meeting: 11:06 a.m. Present Chair Gerald (Chip) Bahouth (arrived at 10:26 a.m.); Vice -Chair Mary K. Hertog; Members: Catherine Adams, Savita Agarwal, Kevin Mince, Roy Morita and Donald (Moki) Okami Sr. Also present: Board & Commissions Office Staff. Support Clerk Mercedes Omo; Office of the County Attorney: County Attorney Mauna Kea Trask; Police Department: Deputy Chief of Police Michael Contrades; Sergeant Clyde Caires; Lieutenant Roderick Green; Officers of the Month Joseph Himongala and Aaron Lester; Civilian Shane Lee and numerous officers in the Kauai Police Department. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Hertog called the meeting to order at 9:00 a.m. with six (6) members present constituting a quorum. Chair's Vice Chair Hertog asked members of the audience if they wished to provide testimony on Comments/ any of the items listed on the agenda. Hearing none, Vice Chair Hertog moved on to Announcements announce that due to work obligations, Chair Bahouth was unable to attend the Open Session but he would be able to attend the Executive Session portion of the meeting. Adoption of the Vice Chair Hertog stated that there was no testimony provided at the public hearing held Mr. Okami moved to adopt the Proposed Rule on December 22, 2017, for the proposed rule amendments; therefore, she called for a Proposed Rule Amendments of the Amendments of motion to officially adopt the proposed rule amendments as presented. Kauai Police Commission's Rules the Kauai Police of Practice and Procedure. Ms. Commission's Vice Chair Hertog thanked the Commissioners and Chief Perry for all of their input, Adams seconded the motion. The Rules of Practice especially Mr. Mince who did most of the heavy lifting. motion carried 6:0. and Procedure *Staff will transmit five (5) original copies of the adopted rules to Mayor Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 2 SUBJECT DISCUSSION ACTION Carvalho for his review and signature, and then to the County Clerk Jade Fountain-Tanigawa for her signature and transmittal to the Office of the Lieutenant Governor for their files. Approval of Regular Open Session Meeting Minutes of December 22, 2017. Ms. Adams moved to approve the Minutes Open Session meeting minutes of December 22, 2017, as circulated. Mr. Morita seconded the motion. The motion carried 6:0. Recognition for Reading the recognition for the Officers of the Month was Sergeant Clyde Caires. Officers of the Month for Officers Aaron Lester and Joseph Himongala were commended for their outstanding January work in crisis negotiation that prevented a distraught man from ending his life on the night of December 2, 2017, in the vicinity of the Kapule Highway Bridge. Following the recognition of Officers Himongala and Lester, a special recognition went out to Mr. Shane Lee. Prior to the Officers arriving to the scene, Mr. Lee, who was passing by, noticed a man sitting on the bridge with a belt wrapped around his neck and holding a knife to his neck. He stopped his car and began to walk towards the man. While there, he was able to engage in a conversation with the man by offering the man a cigarette which helped to calm him down until the officers arrived. Mr. Lee's act of bravery and willingness to help a complete stranger led to a peaceful resolution of a situation that could have ended in tragedy. Vice Chair Hertog acknowledged Lt. Roderick Green for being the latest officer in the Kauai Police Department to graduate from the Federal Bureau of Investigation (FBI) Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 3 SUBJECT DISCUSSION ACTION National Academy in Quantico, Virginia. Chiefs Monthly 1. Administrative and Technical Bureau Reports for the 2. Investigative Services Bureau month of 3. Traffic and Patrol Services Bureau December 4. Final Report of the 2017 Police Department and Police Commission Goals 5. Chief s Announcements and other Pertinent Updates Vice Chair Hertog stated that before she opens the floor for questions, she would like to thank the Department, especially all of the officers in the Vice Unit, for their outstanding performance that led to numerous drug busts, arrests, and the apprehension of numerous suspects in the past month. Mr. Mince asked Deputy Chief Contrades if there was a reason why he and the Chief could not attend the Commission meetings at the same time, noting that it hasnormally been either the Chief or himself at the meetings. Deputy Chief Contrades replied that, for the most part, both he and the Chief have always attended the meetings; however, he could not attend the past two (2) meetings because he has been battling a bad cold for the past five (5) weeks. Mr. Mince noted that the only reason he asked was because at the last Commission meeting, Chief Perry said that he was going to provide answers to their questions at the subsequent meeting. But given that Chief Perry was not there, he would ask the Deputy those same questions with the hope of receiving the answers at the current or following meeting. Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 4 SUBJECT DISCUSSION ACTION Mr. Mince thanked the Department for providing information on the overtime hours cumulated between 2017 and 2018, and asked why there was a line item for overtime when the numbers did not reflect the actuals. Deputy Chief Contrades replied that the dollar amount shown in the report was the same number that's being recorded county wise. As far as the Department's overtime budget, those numbers reflect the amount that the Department was allotted. He explained that during budgetary reviews, the Department would normally ask for what they would expend based on a three-year average. As far as the overtime hours, they are continuing to work on bringing the overtime cost down, but because of the salary increases, the numbers in the report did not reflect the Department's efforts. He noted that the reason they included the numbers in the report was because they wanted to show the Mayor and Council that they have been trying really hard to keep the overtime in check. Mr. Mince commended the Department for lowering its overtime hours from 38,946 in 2017 to 31,533 in 2018, but because everything is dollar —oriented, things are going to change, especially when the new contract kicks in which will make the salaries different. He added that at the Commission's last meeting, he asked how the Department was going to implement the two (2) days of administrative leave and if it was going to incur any overtime because from what he understood, it was supposed to be revenue -neutral. Deputy Chief Contrades stated that his understanding was that a directive was given that there would be zero overtime. The Department has until the end of March to use the administrative leave, so if any employee who is either on vacation, sick leave or on personal leave, the two (2) days of administrative leave would be used instead of sick leave/vacation hours. To his knowledge, there haven't been any additional expenditures. Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 5 SUBJECT DISCUSSION ACTION Mr. Mince stated that at the Commission's last meeting, the Commissioners expressed concerns about the Department's recruitment efforts to a point where a recommendation was made to the Chief that he explore options to address the Department's recruitment efforts. Which brought him to his next question — relative to the four (4) school crossing guard positions, Mr. Mince asked if it was possible to receive an update on the Department's efforts to change the job description, or was the proposal scrapped by the Council. Deputy Chief Contrades asked if he was referring to the traffic monitor positions to which Mr. Mince replied yes, if that's what he wants to call it, but from what he understood, the Department wanted to call it school crossing guard positions. Deputy Chief Contrades stated that the law requires the Chief of Police to provide traffic safety monitors at each school; the law does not require the Chief of Police to provide school crossing guards. Deputy Chief Contrades stated that the Department is looking at taking the four (4) traffic safety monitor positions and creating a Police Apprentice Program. As of right now, the specifics of the program are being vetted because of concerns relating to age discrimination. He explained that the concept of the program is similar to how baseball is structured in terms of Single -A, Double -A, and Triple -A, and then pros classifications. He added, in theory, the Department wants to take the graduates from the Police Explorers Program and the Junior Police Academy and to try get them interested in becoming police officers. And if things go as planned, the Department would essentially hire those graduates (if they're interested) on a part-time basis and place them in certain areas of the Department to assist and learn about the operational aspect. If that's successful, they can apply when they turn twenty-one and a half to become full-fledged police officers. But prior to that, their duties would consist of going to the different schools to work as traffic safety monitors. He shared that just recently the Junior Police Academy held their graduation ceremony and there were Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 6 SUBJECT DISCUSSION ACTION about four (4) or six (6) graduates who have expressed interest in becoming police explorers. Vice Chair Hertog asked Deputy Chief Contrades if he could keep the Commissioners posted as to the outcome of the vetting process because from what she understood, the Council was concerned about the amount of salary those individuals are going to receive. Deputy Chief Contrades stated that the salaries are probably going to range anywhere between $12.00 and $15.00 per hour, and that Mr. Trask was already involved in helping the Department determine the legalities of it. Vice Chair Hertog asked the Commissioners if they had any questions regarding the 2017 Goals to which there were none. Deputy Chief Contrades made the following announcements: • He thanked the men and women in the Kauai Police Department for working hard to get the Chief s goals done; • KPD's Employees of the Year are: Criminologist Stephanie Regan, Abandoned Vehicle Coordinator Nancy Palaracio, Sergeant Daniel Oliveria, and Sergeant Jason Matsuoka; • Kudos went out to KPD's 911 Dispatchers for their outstanding work in managing 353 calls during the false missile alert; • Since the false missile alert, KPD is working on improving certain areas in terms of their total response to include policy development, notification through dispatch to all first responders, post development response, and community outreach development. Announcements Vice Chair Hertog announced the Commission's next regularly scheduled monthly meeting will be on Friday, February 23, 2018, at 9:00 a.m. at the Mo'ikeha Building, Meeting Room 2A/2B. Executive Session to follow. With no further discussion, Vice Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 7 SUBJECT DISCUSSION ACTION Chair Hertog asked Mr. Mince to take the Commission into Executive Session. Executive At 9:39 a.m. Mr. Mince cited the following Hawaii Revised Statutes to bring the Session meeting into Executive Session: ES Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (2) and (4), the purpose of this KPC 2018-001 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: Monthly update by Chief Perry on the status of the Department's disposition on formal notarized complaints that were filed with the Police Commission and referred to the office of the Chief for further review. ES Monthly update by Chief Perry on any significant adverse incidents/events involving KPC 2018-002 personnel in the Kauai Police Department that could potentially impact the County, the Commission and the Kauai Police Department. ES Pursuant to Hawaii Revised Statutes §92-4, §92-5 (a) (4), §92-9 (a) (1-4) and (b), the KPC 2018-003 purpose of this Executive Session is for the Commission to approve the Executive Session meeting minutes of December 22, 2017, and to consult with its attorney on issues pertaining to the Commission's powers, duties, privileges, immunities, and/or liabilities as they may relate to this agenda item. ES Pursuant to Hawaii Revised Statutes §92-4 and §92-5 (a) and (4), the purpose of this Ms. Agarwal moved to enter into KPC 2018-004 Executive Session is for the Commission to consult with its attorney as to its powers, Executive Session. Ms. Adams duties, privileges, immunities and/or liabilities as they may relate to Article XI of the seconded the motion. The motion Kauai County Charter Police Department Section (D) that all matters relating to the carried 6:0. administration of the Kauai Police Department be referred to the Chief of Police. Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 8 SUBJECT DISCUSSION ACTION Vice Chair Hertog called for a motion to enter into Executive Session. At 9:41 a.m. the Commissioners entered into Executive Session. Return to Open At 11:06 a.m. the Commissioners reconvened in Open Session. Mr. Morita moved to ratify the Session to ratify Chair Bahouth called for a motion to ratify the actions taken in Executive Session. actions taken in Executive Session the actions taken for the following items. Mr. Okami in Executive seconded the motion. The motion Session carried 7:0. ES KPC 2018-001: The Commissioners were provided with a report as to the status of notarized complaints. ES KPC 2018-002: No report was provided at this time. ES KPC 2018-003: Motion carried 6:0 to approve the Executive Session Meeting Minutes of December 22, 2017. ES KPC 2018-004: There were a total of three (3) motions made: Motion No. 1 carried 6:0 to receive item ES KPC 2018- 004 for the purpose of discussion.; Motion No. 2 carried 7:0 to refer item ES KPC 2018-004 to the Office Kauai Police Commission Regular Open Session Meeting Minutes of January 26, 2018. Page 9 SUBJECT DISCUSSION ACTION of the Chief for handling; and Motion No. 3 carried 7:0 to send a letter to Chief Perry requesting his presence at the Commission's next meeting to discuss other related items. Adjournment Vice Chair Hertog moved to adjourn the meeting. Mr. Okami seconded the motion. The motion carried 7:0. At 11:06 a.m. the meeting adjourned. Submitted by: Mercedes Omo, Staff Support Clerk (x) Approved as circulated on February 23, 2018 () Approved as amended. See minutes of meeting. Reviewed and Approved by: Gerald Bahouth, Chair