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HomeMy WebLinkAbout2020 11-19 PC Open Session Approved Minutes OPEN SESSION MEETING MINUTES Board/Commission Kauai Police Commission Meeting Date November 19, 2020 Location Microsoft Teleconference Meeting Start of Meeting: 9:00 a.m. End: 12:24 p.m. Present Chair Roy Morita; Vice Chair Catherine Adams. Commissioners: Mary K. Hertog, Leina`ala Jardin, Kevin Mince and Dean Pigao. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Ellen Ching; Office of the County Attorney: Deputy County Attorney Mark Ishmael; Police Department: Police Chief Todd Raybuck; Assistant Chief Kalani Ke; Captain Mark Ozaki; Office of Professional Standards Lt. Scott Williamson, Sergeant Pia and other senior level members in the Kauai Police Department. Councilmember Felicia Cowden. Excused Commissioner Gerald Bahouth Absent SUBJECT DISCUSSION ACTION Call To Order Roll Call to ascertain quorum A roll call ensued with six (6) commissioners present to conduct business. Public Testimony None. Chair’s Announcements  Next Regularly Teleconference Monthly Meeting 9:00 a.m. on Thursday, December 17, 2020. Executive Session to follow. (Subject to Change)  Called for a motion, a second and a roll call vote to defer agenda item KPC 2020-24 until after the Commission returns back from Executive Session and to take item ES KPC 2020-025 immediately after item ES KPC 2020-001. Mr. Pigao moved to take item KPC 2020-24 after the Commission returns back from Executive Session and to take item ES KPC 2020-025 immediately after item ES KPC 2020- 001. The motion was seconded by Ms. Hertog. A roll call ensued with all six (6) commissioners present voting in favor of the motion. KPC Open Session Meeting Minutes Of November 19, 2020 Page 2 SUBJECT DISCUSSION ACTION Approval of Minutes of October 22, 2020 meeting With no corrections to be made to the minutes, Chair Morita called for a motion and a second. Vice Chair Adams moved to approve the minutes of the October 22, 2020 meeting. Ms. Jardin seconded the motion. A roll ensued with all six (6) commissioners present voting in favor of the motion. General discussion on a Charter amendment that was placed on the 2020 election ballot relating to Police Chief qualifications. Ms. Hertog thanked Commissioner Kevin Mince, Boards and Commissions Administrator Ellen Ching and Police Chief Todd Raybuck for all of their assistance, support and for testifying before the Charter Review Commission and the County Council to have the recommendation placed on the 2020 election ballot. Chief’s Monthly Reports 1. Administrative and Technical Bureau 2. Fiscal Report 3. Investigative Services Bureau 4. Patrol Services Bureau 5. Update on KPD’s Recruitment Efforts 6. Pertinent Announcements and or Updates Relative to KPD’s recruitment efforts, Ms. Hertog asked if the copy of the written exam (Delta 1) that was distributed to the Commissioners prior to the meeting is a new test. She noted that a couple years back before he became Chief, the Department had experienced a lot of failures with the old written exam. Chief Raybuck replied that the Delta 1 written exam is a new test and that more specific details regarding the exam will be provided by Captain Mark Ozaki under item KPC 2020-22 Discussion on the Department’s Police Staffing Report and Updates. KPC Open Session Meeting Minutes Of November 19, 2020 Page 3 SUBJECT DISCUSSION ACTION Ms. Hertog stated that with regard to the number of recruits failing the physical agility test at their first go around if the Department is still giving those recruits a second chance. Chief Raybuck replied that he would refer her question to Captain Ozaki to address under item KPC 2020-022. Mr. Pigao asked relative to the legal service report if it was possible for Chief Raybuck to provide a breakdown of each individual legal services that were provided by KPD and served within the month. Chief Raybuck stated that he would need to clarify with his executive staff, but to his knowledge KPD has implemented a process to track legal services in Spillman, but is unsure whether the information about TRO’s are included in the report because serving TRO’s can be challenging for an officer to try to locate an individual to serve them their papers. With no further questions on his Monthly Reports, Chief Raybuck reported the following activities and upcoming events:  With amount of transpacific/interisland travelers increasing KPD has remained diligent to monitor all incoming passengers to Kauai to determine if they need to be in quarantine and to check on those who are in quarantine.  On December 10 KPD will be holding its 93rd Police Recruit Class graduation ceremony for nine (9) new recruits.  Recognition of KPD Employees of the Year – Department Staff Assistant Vivian Akina; Internet Crimes against Children Detective Chad Cataluna; Officer Jason Scalzo and Crime Scene Specialist Christian Vlautin. KPC Open Session Meeting Minutes Of November 19, 2020 Page 4 SUBJECT DISCUSSION ACTION Business KPC 2019-36 Discussion and decision-making on recommendations to amend the Police Commission Rules on Administrative Practice and Procedure in accordance to Hawai‘i Revised Statutes Section 92-2.5 (a). (On-going) Ms. Hertog stated that the working group has made great progress in the past months and she’s happy to report that the recommendations on amending Rules 1 through 5 have been finalized and is ready for the Commission to approve the recommendations. She called upon Mr. Mince to give his take on those recommendations. Mr. Mince referred to a draft copy of the proposed rules which was distributed to the Commissioners prior to the meeting. He noted that there was one modification that needed to be made and this is to delete repetitive language in Section 4-4 (c), (iii), subsection (a). Other than that, the recommendations on Rules 1-5 are ready for approval with the exception of Rule 5 request for legal representation as to whether or not the Commission can hold the discussion and the vote in open session versus executive session. He noted that Deputy County Attorney Donahoe was given the charge to do the research to clarify the process and once he responds back they will include the language under Rule 5. Relative to the recommendations to amend Rule 4, Vice Chair Adams asked Mr. Mince if he could explain the rationale behind referencing the Hawai‘i Intermediate Court Appeals case - Kauai Police Commission versus Bernard Carvalho in the body of the rules. Mr. Mince explained that per the Charter, the Commission can only appoint and remove the Chief of Police, it does not say anything about the disciplining the Chief of Police and by including the word “discipline” and referencing the case would make it clear for future commissions to know that they have the authority to discipline the Chief of Police. KPC Open Session Meeting Minutes Of November 19, 2020 Page 5 SUBJECT DISCUSSION ACTION Vice Chair Adams asked if it be included as a footnote as opposed to putting it in the body of the rules. Mr. Mince stated that they would prefer to leave in the body of the rules, but it if becomes a point of contention they could change it, but he’s unsure how she (Vice Chair Adams) would like for them to do that. Vice Chair Adams stated that she feels that it would more appropriate to put it in as a footnote so that future commissions would know where it came from, but if that’s how they want to do it she will live with. With no further questions or comments, Chair Morita called for a motion to approve the recommendations as presented on amending the Police Commission rules. Vice Chair Adams stated that there is one item that still needs clarification from Deputy County Attorney Donahoe which is the request for legal representation on whether or not the Commission can hold the discussion and the vote for legal representation in open session versus executive session. Chair Morita thanked Vice Chair Adams for pointing it out, then called for a motion to approve the recommendation on amending Rules 1-4. Motion Ms. Hertog moved to approve the recommendations on amending Police Commission Rules 1-4 as written. Vice Chair Adams seconded. A roll call ensued with all six (6) commissioners voting in favor of the motion. KPC 2020-12 Discussion and decision-making on undertaking an organizational climate assessment within the Kaua‘i Police Department. (On-going) Chair Morita thanked Mr. Mince for all of his hard work he did to contact the California Highway Patrol (CHP) to ask them for permission to allow the Kauai Police Commission to be able to utilize their climate assessment tool. He asked Mr. Mince if he could explain to the Commission how the tool would be implemented and the timeline he is looking at to complete the climate assessment. Mr. Mince explained that the information he obtained from CHP he forwarded to Deputy County Attorney Donahoe for review along with a request that he contact the General of CHP to get a written document from CHP giving the Kauai Police Commission permission to use their climate assessment tool. KPC Open Session Meeting Minutes Of November 19, 2020 Page 6 SUBJECT DISCUSSION ACTION As for implementing the climate assessment, Mr. Mince stated that he is open for suggestions and would address any questions or concerns the Commissioners may have before he starts to lay out the process on conducting the climate assessment. Chair Morita asked if he should call for a motion to conduct a climate assessment to continue the discussion. Vice Chair Adams asked if the copyright issue between Gallup and CHP had been addressed and if the Commission has permission from CHP to use the tool. Boards and Commissions Administrator Ching stated that her in conversation with Deputy County Attorney Donahoe, he did not feel that there was a copyright issue with Gallup. Secondly, he did receive a verbal and written approval from CHP for the Commission to use the tool. She noted that should the Commission vote to move forward with the climate assessment, the Commission should adopt a motion first. To address the automation of conducting the climate assessment, Ms. Ching explained that she did the research to get a better understanding on how the survey monkey software works and in the process she discovered that the county has a software similar to the survey monkey. She shared that to her understanding the Department of Human Resource conducted its own climate assessment using that particular software. She then made a recommendation to ensure privacy and to garner more participation from members in KPD to have the Office of Boards and Commission conduct the survey and collect all of the responses, which would remain anonymous. KPC Open Session Meeting Minutes Of November 19, 2020 Page 7 SUBJECT DISCUSSION ACTION Chair Morita stated that he liked Ms. Ching’s recommendation, but would like to call for a motion to continue the discussion to give Mr. Mince a chance to present his own ideas to see if it falls in line with Ms. Ching’s recommendation. Ms. Hertog agreed and stated that to make everything crystal clear she would like to make a motion to conduct a climate assessment and continue the discussion on how to administer the climate assessment. Discussion Vice Chair Adams pointed out that whenever Gallup comes into an organization (for a fee) they make it a point that the first two or three years are meant to be base line to give the organization something to work with. It is not meant to do other things except to help the organization figure out what the plans are going to be moving forward. Ms. Hertog also pointed out that the climate assessment is not meant to a report card for punitive nor should it be used for any kind of evaluation purposes. It is to provide a roadmap for the Chief and his leadership to address any type of perceptions that are out there and make the necessary corrections where it is needed. Mr. Mince stated that the Commission should vote on the motion first so he provide logistics on to conduct the assessment and give Ms. Ching a chance to provide her own views on how to conduct the assessment. Chair Morita called for a roll call vote. Motion With permission granted by the California Highway Patrol, and in accordance to the Deputy County Attorney Donahoe legal advice that there are no copyright issues, Ms. Hertog moved to conduct a climate assessment within KPD. Mr. Pigao seconded. A roll call ensued with all six (6) commissioners present voting in favor of the motion to conduct a climate assessment within KPD. KPC Open Session Meeting Minutes Of November 19, 2020 Page 8 SUBJECT DISCUSSION ACTION Mr. Mince stated that CHP has used the instrument for many years and has constantly updated it. The instrument comes in two different parts, the first part consist of twenty (20) questions that are sent to the employees electronically. He noted that if the Commission decides to do the assessment electronically, he would work with Mercedes and Ellen on the logistics to ensure that each employee gets the survey in their county issued mailbox. Furthermore, once they get the surveys back they would detach the employee’s name, after which, he would designate one or two commissioners to review the information and input the numbers into a matrix (baseline) which is part of CHP’s testing instrument. The second form is only for managers, which to his knowledge KPD has thirteen (13) managers ranging from lieutenants and above. The form has twenty (20) questions that asks for narrative answers all of which can be copied and provided to each commissioner without mention of names. The other option is to mail the surveys out to each individual employee and the cost to do that would be minimal and all surveys would remain anonymous. Whatever option the Commission chooses, the assessment could be done by the end of the year. Vice Chair Adams commented that when it comes to managers, Gallup have many rules one of which is a manager must have five (5) employees and an employee’s comments can be tied back to a particular employee; there are rules on how feedback is managed. She particularly liked Ms. Ching’s recommendation on having the Office of Boards and Commissions review and consolidate information which would be shared with the Commission. Which brings up her next question what would be the appropriate way to share the information with the Commission. KPC Open Session Meeting Minutes Of November 19, 2020 Page 9 SUBJECT DISCUSSION ACTION Mr. Mince stated that he is confused as to why she (Vice Chair Adams) keeps referring the Gallup survey to CHP. Vice Chair Adams replied that all of the questions that are in the CHP survey are all Gallup questions. Gallup has done decades of research and they have been very specific as to what words are used to get the information an organization needs. To take something off of a shelf and run it whatever way is going to taint the information unless you follow very specific rules on how to manage the information. Otherwise, you will get nothing but people grousing which concerns her because it is not going to be helpful which is the reason why she keeps referring to the term “base line”. Mr. Mince asked what can be done to address to her concerns to which Vice Chair Adams replied the Commission have to establish rules up front that if it is going to be manager feedback, you must have five (5) employees and that the feedback must be blinded in order for it to be useful to a manager. Chair Morita stated that based on KPD’s thirteen (13) managers it exceeds the five limit to which Vice Chair Adams replied that not necessarily because there are certain Departments in KPD that are larger than others so to his point she really cannot say that is true. Chief Raybuck stated that he cannot think of anybody who in a supervisory role has five or more reports than the sergeants – most lieutenants have only a hand full of direct reports. The captains and the assistant chiefs only have a handful of reports. KPC Open Session Meeting Minutes Of November 19, 2020 Page 10 SUBJECT DISCUSSION ACTION Mr. Mince stated that he doesn’t see it as a problem because an assistant chief has more than one report coming from the rank. The form for the managers have questions that do not relate to grousing the questions are about the organization, communication and if they have the tools to do the job to which Vice Chair Adams responded that he is going to be very surprised on the answers he gets back. Ms. Ching stated that to move with the agenda as a suggestion she will work with Mr. Mince and come up with a proposal on how to implement the climate assessment and once they have something she could work with Vice Chair Adams to get her input and present it to the Commission hopefully at the next meeting. Chair Morita agreed and asked Ms. Ching if she could include the County Attorney in the discussions to which Ms. Ching replied absolutely, and explained that by meeting with them one-on- one bases the Commission would not have to form a permitted interaction group which would take three subsequent meetings. Ms. Hertog asked as an alternative perhaps both Mr. Mince and Vice Chair Adams could meet first to hammer out any type of issues; just like how Mr. Mince and she met to work on recommendations on amending the rules, then they could both meet with Ms. Ching as a united front to present their suggestions. Ms. Ching called upon Deputy County Attorney Ishmael to provide input. Mr. Ishmael stated that once two (2) or more people of a board is involved it becomes a permitted interaction group and there are rules to follow. Ms. Hertog that it’s her understanding that three (3) board members constitute a permitted interaction group. In the Commission’s case, the Commissioners voted to designate, both Mr. Mince and herself to work on recommendations on amending the rules as long as no commitment to vote is made. KPC Open Session Meeting Minutes Of November 19, 2020 Page 11 SUBJECT DISCUSSION ACTION Mr. Ishmael pointed out that the issue is about how the Commission reports back to the body and not the number of people. He cited directly from statutes that says “two or more members of the board, but less than the number of members would constitute a quorum.” He added that they have to be assigned by the board and report back. Furthermore, when two members meet to discuss a matter between themselves it is allowed as long as no commitment to vote is made or sought. The difference is how the board reports back to the body. When it comes to work on the recommendations on amending the rules, Ms. Hertog clarified that both she and Mr. Mince would meet to work on the recommendations and in turn they would set-up a meeting with the Deputy County Attorney and present their recommendations. In turn the DCA would review the recommendations and make the necessary changes. Then at a subsequent meeting they would report back to the body for input. Which brings up her question as to why it cannot be done in the same manner as to the administration of the climate assessment survey. Mr. Ishmael stated that some time ago, he counseled both of them that he did not think what they were doing was a good thing because they were reporting back and not just talking amongst themselves. Ms. Hertog stated that it was done with the concurrence of the County Attorney and she wants the record to reflect that she disagrees with him based on the concurrence. Ms. Ching stated that she would meet with Mr. Mince (first) and come up with a proposal and then she would meet with Vice Chair Adams and try to put something together for the Commission’s next meeting. The other option is to place on the next agenda to form a permitted interaction group. KPC Open Session Meeting Minutes Of November 19, 2020 Page 12 SUBJECT DISCUSSION ACTION Chair Morita asked if what Commissioners Mince and Hertog are doing with the rules was illegal from the start to which Ms. Ching replied yes. Mr. Ishmael added that it’s more of a bad practice. Ms. Hertog stated that was not illegal and it may be bad practice according to Mr. Ishmael interpretation, but the Commission has not done any without the guidance of the county attorney’s office. Ms. Ching stated that discussing rules is not the issue it’s about the group reporting its findings to the Commission, then asks for a vote. Chair Morita stated that to ensure that the process on implementing a climate assessment is done properly Ms. Ching should meet with Mr. Mince and Vice Chair Adams separately. Mr. Mince stated that the Commission has been playing with trying to conduct a climate assessment since 2017 and he does not want to drop the ball and prolong it any further. He added that having a climate assessment done was not his idea, but the idea of the other Commissioners. He simply had access to a tool, he thought would be useful and it didn’t cost anything. Secondly, since all the work that Ms. Hertog and he did on the rules so far has been illegal, the Commission should scrap all of the work and start from the beginning. He added that back in January or February both he and Ms. Hertog added an existing Rule 7 that talked about forming committees and the discussion was on forming a permitted interaction group of three members of the board and a working group consisting of two commissioners and the language was approved in its entirely back in April by him and the board. Which makes him confused as to his comments about designating two commissioners (working group) to work on the language to present to the body for input and a vote. KPC Open Session Meeting Minutes Of November 19, 2020 Page 13 SUBJECT DISCUSSION ACTION Mr. Ishmael stated that he would have to look at the communications he had between himself, Ms. Hertog and Mr. Mince to verify if he did say that and if he did then it’s his mistake. Chair Morita stated that he would like the work on the rules to continue and get completed soon because it has been too long. With no further discussion, Chair Morita moved on to item KPC 2020-22. KPC 2020-22 Discussion on the Department’s Police Staffing Report and Updates. Chief Raybuck called upon Captain Mark Ozaki to address the Commission on Department’s recruitment efforts particularly how the written exam has evolved over the years and the direction KPD is heading to relative to the written exam. Captain Ozaki noted come January 2021 KPD will be transitioning from its previous written exam to the Darany Entry Level Police Officer Examination. A copy of the DELPOE Study Guide is available on KPD’s website for the candidates to assist them in doing their best on the entry level exam. The guide includes contains test-taking advice for preparing to take the exam. It also includes detailed descriptions of the test content, sample questions, and strategies for improving performance in each of the four parts of the examination. In addition, Captain Ozaki gave a rundown on the entire hiring process from start to finish. Ms. Hertog asked if the physical agility test is provide to a candidate who failed the test on the first go around to which Captain Ozaki replied that although there is some interest by a candidate to want to take the test a second time the numbers are not significant. However, KPD will provide assist in other areas whenever someone asks. Other than that the recruitment efforts has been very successful in 2020. KPC Open Session Meeting Minutes Of November 19, 2020 Page 14 SUBJECT DISCUSSION ACTION Chair Morita asked Captain Ozaki if he could provide the Commission at its February 2021 meeting with an update on the Department’s January 2021 recruitment efforts on what worked and what did not work to which Captain Ozaki replied that he would refer his request to Chief Raybuck to provide the Commission with the update unless Chief Raybuck asks him to do it. Chief Raybuck shared that back in the early 90’s when he was with the Las Vegas Metropolitan Police Department, he was part of the test group and he actually took the DELPOE written exam as a member of that test group. KPC 2020-23 Public announcement for Notarized Complaint KPC 2020-007 that was filed with the Police Commission. Mr. Pigao moved to defer item KPC 2020-24 to the next Commission meeting in November. Ms. Hertog seconded. A roll call ensued with all six (6) commissioners present voting in favor of the motion. Executive Session Pursuant to Hawai‘i 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 in the Kaua‘i Police Department, where consideration of matters affecting privacy will be involved, provided that if the individual requests an open meeting, an open meeting shall be held. The further purpose of this Executive Session is for the Commission to receive an update on item ES KPC 2020-026 and to discuss Chief Raybuck’s six (6) month performance evaluation 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 these agenda items: At 10:12 a.m. Deputy County Attorney Mark Ishmael cited the following Hawai‘i Revised Statutes to take the meeting into Executive Session. ES KPC 2020-001 Monthly update by Scott Williamson, Lieutenant, Office of Professional Standards on the status of the Department’s disposition on formal notarized complaints that were filed with the Kaua‘i Police Department, and formal notarized complaints that were filed with the Police Commission and referred to the Office of the Chief for further review. KPC Open Session Meeting Minutes Of November 19, 2020 Page 15 SUBJECT DISCUSSION ACTION ES KPC 2020-002 Monthly update by Todd G. Raybuck, Chief of Police, Kaua‘i Police Department or his designated representative on any significant adverse incidents/events involving personnel in the Kaua‘i Police Department that could potentially impact the County, the Police Commission and the Kaua‘i Police Department. ES KPC 2020- Monthly update on an investigation alleging that a supervisor in the Kaua‘i Police Department violated Title 7, Chapter 76-1 and the County of Kaua‘i Policy against Discrimination, Harassment, and Retaliation. Monthly update on an investigation alleging that an officer in the Kaua‘i Police Department was subjected to an adverse employment action because of favoritism on the part of a supervisor. New notarized complaint KPC 2020-008 received on 11/4/2020. The complaint alleges that an Officer in the Kaua‘i Police Department used unnecessary use of force while taking the complainant into custody to be transported to cellblock for processing. Update on the resolution of the complaint regarding violation of workplace violence and harassment policies. Discussion on the process in which to conduct Chief Raybuck’s regularly scheduled six (6) month Performance Evaluation. Pursuant to Hawai‘i 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 regular Executive Session minutes of October 22, 2020 meeting 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 item. Vice Chair Adams moved to enter into Executive Session. Mr. Pigao seconded. A roll call ensued with all six (6) commissioners present voting in favor of the motion. Return to Open Session At 11:50 a.m. the commissioners reconvened in open session. KPC Open Session Meeting Minutes Of November 19, 2020 Page 16 SUBJECT DISCUSSION ACTION KPC 2020-24 Discussion on the process in which to conduct Chief Raybuck’s regularly scheduled six (6) month Performance Evaluation. Chair Morita asked if could ask a question related to item KPC 2020-12. Deputy County Attorney Ishmael stated that it is permissible for him to ask a question, as long as no vote is made relative to the climate assessment. Chair Morita asked Chief Raybuck to update the Commission on his goals in relation to his performance evaluation. Chief Raybuck referred to a copy of KPD’s FY20/21 Goals for the period of July 1, 2020 to November 15, 2020 dated 11/19/2020 showing the three focus areas; Employee, Department and Community. He explained that the three core elements will allow the Department to serve the people, strengthen relationships, and improve the quality of life for their employees and the community they serve. Chair Morita asked the Commissioners to review the goals and be prepare to ask Chief Raybuck any questions related the goals. Ms. Hertog if asked the development of the 4/10 schedule for the Patrol Bureau is going to have an effect on the bureau to which Chief Raybuck replied that no, and stated that as Chief of Police for the last sixteen or seventeen months he has learned that emitting change was much more difficult to implement than he had anticipated for various reasons. Last year, in his goal setting to reorganize the Department he was a bit naïve in thinking that they were going to emit change and although he is still pushing forward to make the changes there are a lot of moving parts that need to be addressed internally and externally. With regard to KPD’s notable achievements, Chief Raybuck reported that one of the greatest achievements by KPD without having a blueprint was how they responded to the Covid-19 pandemic to reduce any impact that it may have caused to the community and the island’s healthcare system. KPC Open Session Meeting Minutes Of November 19, 2020 Page 17 SUBJECT DISCUSSION ACTION Other notable achievements was his priority to connect and remain in communication with his personnel by visiting all of the different bureaus and agencies within KPD to meet with his people, witness all of the great work they have been doing, but equally as important be able to listen to what their needs are and what they appreciate about coming to work every day. He also has scheduled regularly chain visits with the chain of command from the different districts along with Assistant Chief Mark Begley and Captain Roderick Green to hear their concerns and to see if they have everything they need. In addition, he has been doing ride-a- longs with his police officers and has been a lot of position feedback. Mr. Pigao stated that he appreciates his efforts to meet with the line personnel to hear their concerns. He asked if he is also meeting with his management team individually to hear their concerns and to get feedback on any issues they may have. Chief Raybuck replied yes and no. He explained that there are times where he would meet individually with members of the team, but he has not met with other members of the team for various reasons, but he is working on it to do so in the near future. Relative to item KPC 2020-12, Chair Morita asked why the Commission has to set rules for the climate assessment when only the Gallup survey calls for it. Ms. Ching stated that the rules is to ensure that the Commission follows best practice. It is a method that has been general accepted as superior to any alternatives because it produces results that are superior to those achieved by other means or because it has become a standard way of doing things e.g. a standard way of complying with legal or ethical requirements. Mr. Ishmael added that setting rules will ensure privacy issues are met and will make sure that only the right people gets to see the results of the survey. KPC Open Session Meeting Minutes Of November 19, 2020 Page 18 SUBJECT DISCUSSION ACTION Ratify the actions taken in Executive Session With no further business to conduct, Chair Morita called for a motion to ratify the actions taken in Executive Session. Mr. Mince moved to ratify the actions taken in Executive Session. Mr. Pigao seconded. A roll call ensued with all six (6) commissioners present voting in favor of the motion. Adjournment With no further business to conduct, Chair Morita called for a motion to adjourn the meeting. Vice Chair Adams moved to adjourn the meeting. Ms. Hertog seconded. A roll call ensued with all six (6) commissioners present voting in favor of the motion. At 12:24 p.m. the meeting adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Roy Morita, Chair (X ) Approved as circulated on December 17, 2020 ( ) Approved as amended. See minutes of ___________ meeting.