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Home My WebLink About2022 1-28 PC APPROVED Agenda.pdf Page 1 of 5 POLICE COMMISSION CATHERINE ADAMS, MEMBER GERALD BAHOUTH, MEMBER MARY K. HERTOG, MEMBER LEINA`ALA JARDIN, MEMBER KEVIN MINCE, MEMBER ROY MORITA, CHAIR DEAN PIGAO, VICE CHAIR On November 29, 2021, Governor David Y. Ige issued an Emergency Proclamation, which continued the suspension of Hawai‘i Revised Statutes (HRS) Chapter 92, relating to Public Agency Meetings and Records (also known as the Sunshine Law) as it pertained to the COVID-19 Response. HRS Chapter 92 was suspended to the extent necessary to enable boards to conduct business in -person or through remote technology without any board members or members of the public physically present in the same location. In addition, on December 29, 2021, Governor Ige issued a proclamation suspending HRS 92-3.7 to suspend the requirement to have at least one meeting location that is open to the public. Meetings of the Police Commission will be conducted as follows until further not ice: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • In-person meetings will be closed to the public to be consistent with social distancing practices. • Police Commissioners, Department and/or Boards and Commission Staff, parties to agenda items, and resource individuals may appear via the Microsoft Teams remote technology. • If any major and insurmountable technical difficulties are encountered during the meetings, the Police Commission will continue all matters and reconvene at the next scheduled Police Commission Meeting. • Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Police Commission’s website upon completion and approval. Public Comments and Testimony: • Written testimony: The Police Commission will accept written testimony for any agenda item herein. Written testimony indicating your 1) name, and if applicable, you position/title and organization you are representing, 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address), may be submitted to mromo@kauai.gov or mailed to the Police Commission, c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. Wri tten testimony received by the Police Commission at least 24 hours prior to the meeting will be distributed to all Police Commissioners prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by t he Clerk of the Commission during the meeting and added to the record thereafter. Any late testimony received will be distributed to the to the members after the meeting is concluded. • Oral testimony will be taken during the public testimony portion of the meeting via Microsoft Teams remote technology platform. o Anyone interested in providing oral testimony must register at least 24 hours prior to the meeting by emailing mromo@kauai.gov or calling (808) 241-4920. Any request to register shall include your 1) name, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address). o It shall be the responsibility of the testifier to join the meeting through the Microsoft Teams link provided on the posted agenda to provide their testimony. In addition, it shall be the responsibility of the testifier to ensure that the Microsoft Teams software is downloaded and operational prior to the meeting. o The testifier’s audio and video shall be disabled until it is your turn to testify. o Per the Police Commission’s and Chairs practice, there is three-minute time limit per testifier. o Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. PAGE 2 POLICE COMMISSION – January 28, 2022 SPECIAL ASSISTANCE If you need an auxiliary aid/service or other accommodation due to a disability, or an interpreter for non-English speaking persons, contact Mercedes Omo at (808) 241-4920 or mromo@kauai.gov as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate f ormats such as large print, Braille, or electronic copy. REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Friday, January 28, 2022 9:00 a.m. or shortly thereafter Microsoft Teams Conferencing Information Click on the link below to join on your computer or mobile app by VIDEO: https://bit.ly/3FM7oXQ Or Dial phone number and enter conference ID to call in and join by AUDIO: Phone: + 1 469-848-0234 United States, Dallas Phone Conference ID: 502 342 804# This meeting will be via Microsoft Teams conferencing only. Members of the public are invited to join this meeting by using the link above or calling the number above with the conference ID information. You may testify during the video conference or submit written testimony in advance of the meeting via e-mail, fax, or mail. To avoid excessive noise/feedback, please mute your microphone except to testify. CALL MEETING TO ORDER ROLL CALL TO ASCERTAIN QUORUM COMMUNICATION DATED JANUARY 12, 2022, FROM COMMISSIONER ROY MORITA SUBMITTING A LETTER OF RESIGNATION AS CHAIR OF THE POLICE COMMISSION DISCUSSION AND DECISION-MAKING ON SELECTING A CHAIR FOR CALENDAR 2022 APPROVAL OF AGENDA ANNOUNCEMENTS: Next Regular Scheduled Teleconference Meeting 9:00 a.m. Friday, February 24, 2022. Executive Session to follow. PUBLIC TESTIMONY PAGE 3 POLICE COMMISSION – January 28, 2022 EMPLOYEE OF THE MONTH FOR JANUARY 2022 • Officer Phillip Banquel APPROVAL OF MINUTES • Open Session December 17, 2021, Meeting CHIEF’S MONTHLY REPORTS: • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Bureau Reports • Pertinent announcements/updates BUSINESS KPC 2021-40: Discussion and decision-making on the permitted interaction group recommendations for Revision of Rule 10 of the Kauai Police Commission Rules on Administrative Practice and Procedure. (Deferred on 12/17/2021 for continued discussion and decision-making) KPC 2022-1: Discussion and decision-making on the permitted interaction group recommendations for Revision of Rule 11 of the Kauai Police Commission Rules on Administrative Practice and Procedure. KPC 2022-2: Presentation by the permitted interaction group on recommendations on the process, procedures, and tools to enhance the chief of police evaluation process resulting in a more cohesive evaluation product. KPC 2021-43: Discussion and possible decision-making on the purpose and use of the Climate Assessment that was conducted by the Kauai Police Commission on the Kauai Police Department. (Deferred on 12/17/2021) KPC 2022-3: Public announcements on the Police Commission’s disposition on the following citizens’ complaints: • KPC 2021-006 • KPC 2021-010 • KPC 2021-011 PAGE 4 POLICE COMMISSION – January 28, 2022 EXECUTIVE SESSION ITEMS 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 Kauai 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; 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 2022-1: Monthly update by Christian Jenkins, Lieutenant Office of Professional Standards, or his designated representative on the status of the Department’s disposition on formal notarized complaints that were filed with the Kauai Police Department and with the Kauai Police Commission and referred to the Office of the Chief for further review. ES KPC 2022-2: New citizen’s complaint no. KPC 2022-001, received on January 7, 2022. The complaint alleges that an on-duty police officer in the Kauai Police Department violated the complainant’s Civil Rights under 42 USC 1983, negligent infliction of emotional and physical distress, failure to do wellness checks and follow protocol regarding child endangerment, failure to protect minor children and do investigative reporting. ES KPC 2022-3: Monthly update by Todd G. Raybuck, Chief of Police, Kauai Police Department, 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 C ommission and the Kauai Police Department. ES KPC 2022-4 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 December 17, 2021, meeting. Where consideration of matters affecting privacy will be involved 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. ES KPC 2022-5: Pursuant to §92-5 (a) (4) the purpose of this Executive Session for the Commission to consult with its attorney where consideration of matters affecting privacy will be involved and to consult on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as it relates to Chief Raybuck’s 6-month performance evaluation. PAGE 5 POLICE COMMISSION – January 28, 2022 ES KPC 2021-035: Citizen complaint no. KPC 2021-014 received on November 16, 2021. The complaint alleges covering up a hate crime and adopting an illegal medical related policy. (Deferred on 12/17/2021. Staff to follow-up with the Office of Professional Standard and report back to the Commission.) ES KPC 2021-032: Complaint no. KPC 2021-013 received on November 4, 2021. The complaint alleges unethical and unprofessional behavior. (On-going) RETURN TO OPEN SESSION TO RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the Commission may, when deemed necessary, hold an executive session on any agenda item without 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). ADJOURNMENT cc: Deputy County Attorney Chris Donahoe Police Chief Todd G. Raybuck