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HomeMy WebLinkAbout2022 07-29 PC APPROVED Open Session minutes.pdf COUNTY OF KAUAI OPEN SESSION MINUTES MEETING Board/Commission Kauai Police Commission Meeting Date July 29, 2022 Location Moikeha Building, Meeting Room 2A/2B Start of Meeting: 9:01 a.m. 2:45 p.m. Present Chair Gerald Bahouth; Commissioners: Monica Belz, Andrew Bestwick and Roy Morita. Also present: Board & Commissions Office Staff: Support Clerk Mercedes Omo; Administrator Ellen Ching; Office of the County Attorney: Deputy County Attorney Chris Donahoe. Kauai Police Department: Chief of Police Todd Raybuck, Deputy Chief of Police Stan Olsen; Excused Vice Chair Leina`ala Jardin Testifiers Detective Brian Silva, Lieutenant Christopher Calio, Domestic Violence Coordinator Gina Kaulukukui, Detective Aaron Lester , and Councilmember Billy Decosta. SUBJECT DISCUSSION ACTION Meeting Called to Order At 9:01 a.m., Chair Bahouth called the July 29, 2022, Police Commission meeting to order. Roll Call to Ascertain Quorum Chair Bahouth called for a roll call to ascertain quorum. After a quorum was ascertained, Chair Bahouth called on Deputy County Attorney Chris Donahoe to read the public decorum for oral testimony. Deputy County Attorney Donahoe read public decorum for oral testimony. Mahalo to all public participants who are attending in -person, or virtually on Zoom. Your presence and participation are valuable to the Commission during our decision -making process. Please be reminded that in the spirit of aloha, respectful communication and proper decorum are necessary to maintain orderly, efficient, and productive administration of the meeting. Public statements or remarks of aggression or threats of violence will not be considered respectful communication that will further the Commission’s significant interest to conduct an orderly, efficient, and productive meeting. Please note that pursuant to HRS § 92- A call ensued with Commissioners Monica Belz, Andrew Bestwick, Roy Morita, and Chair Bahouth present to conduct business. KPC Open Session Minutes Of July 29, 2022, Meeting Page 2 SUBJECT DISCUSSION ACTION 3 any person, or persons, who “willfully disrupt a meeting to prevent and compromise the conduct of the meeting” may be removed from the meeting. Regarding public testimony the public is encouraged to testify and express their views at our meetings. Pursuant to HRS § 92 - 3, all interested persons can submit data, views, and arguments in writings, remotely, or by way of oral testimony as it relates to any agenda item. Hawai‘i Revised Statutes Chapter 92 authorizes the Police Commission to establish parameters to conduct an orderly, efficient, and productive meeting. Public testimony time is reserved for those wishing to testify on agenda items. Testimony on any agenda item by each speaker will be limited to three minutes. Conducting an orderly, efficient, and productive meeting ensures that the Commission can discuss everything on the agenda. Many agenda items are time-sensitive and necessary to ensure that the County continues to function. If you wish to testify or express your views on items not on our agenda, there are other ways to communicate this information by the way of writing a letter via regular mail or by email. For audio recording purposes, when speaking into the microphone, please speak directly as you can so the recording can pick-up the testimony accordingly. Chair Bahouth clarified that any person who wanted to testify will need to state their full name and identify the agenda item they are testifying on. Announcements Next Regular Monthly Meeting 9:00 a.m. Friday, August 26, 2022, in the Moikeha Meeting Room2A/2B. Executive Session to follow. Subject to change. Public Testimony on any of the items listed on the agenda Chair Bahouth called for public on any of the items listed on the agenda. Being that there were no testifiers, Chair Bahouth moved on to the Employee of the Month for June 2022. Employee of the Month for June 2022 Chair Bahouth called on Police Chief Todd Raybuck to address the Employee of the Month for June 2022. KPC Open Session Minutes Of July 29, 2022, Meeting Page 3 SUBJECT DISCUSSION ACTION Chief Raybuck called on Lieutenant A.J. Morita to read the Commendation Report for June 2022 Employee of the Month Sergeant Stacey Perriera. Lt. Anthony Morita acknowledged Police Chief Todd Raybuck and the Police Commissioners and thanked them for giving him the opportunity to read the commendation for Sergeant Perriera. Lt. Morita stated that Sgt. Perreira is assigned to the Kauai Police Department’s communication center and is instrumental in assisting the records section with various curriculum assignments in addition to her normal supervisory duties and heavy workload. Although Sgt. Perreira is laden with her own work she never wavers when it comes to helping others especially the administrative and technical bureau, she created an online firearm gun registration application process and because of her work ethics it was completed in a timely manner. Chief Raybuck congratulated Sgt. Perreira for her outstanding work ethics and presented her with a certificate of exemplary service. He stated that Sgt. Perreira is the backbone of the Department and because of her skills and expertise she oversees the Spillman Records Management System and the Spillman CAD for police dispatch. He pointed out that Sgt. Perreira is an innovative thinker who is always looking for ways on how to equip and invigorate the Department with solutions and software to provide better service to the community and to her fellow police officers. Sgt. Perreira took a moment to thank Lt. A.J. Morita for the nomination. She humbly stated that she did not expect to be nominated for something that she loves to do every day. She shared that one of the reasons she went to back school was to get her master’s degree in communications and computer science so that she could help the Department get to where it needs to be in terms of technology. KPC Open Session Minutes Of July 29, 2022, Meeting Page 4 SUBJECT DISCUSSION ACTION All four (4) Commissioner to the opportunity to congratulate Sgt. Perreira individually for a job well done and for her unwavering dedication and committed to her work and to the community. Employee of the Month for July Chair Bahouth called for public testimony, seeing th ere were no testifiers, he called on Police Chief Todd Raybuck to address the Employee of the Month for July 2022. Chief Raybuck called on Lieutenant Kennison Nagahisa to read the Commendation Report for Employee of the Month for July 2022, Sergeant Aaron Lester. Investigative Bureau Special Focus Section/ Commander of KPD’s Crisis Negotiation Team, Lt. Nagahisa began by acknowledging Chair Bahouth, members of the Police Commission and Police Chief Todd Raybuck. During the early morning hours of July 8, 2022, a 61-year-old male forced his way into his 65- year-old ex-girlfriend apartment. The male suspect prevented the female from leaving her apartment and threaten to kill her and himself if she left. The male suspect assaulted the female with a bladed weapon, fortunately, the female victim was able to escape her apartment and went to seek help. The officers who answered the call transported the female victim to Wilcox Hospital for treatment. The officers who remained on the scene was told that a male suspect had locked himself in the victim’s apartment and was armed with a bladed weapon. During the negotiations the male suspect began to verbally threaten the officers with bodily harm if they came into the apartment hoping to get the officers to would use deadly force known as suicide by a cop. KPD’s Special Response and Crisis Negotiation Teams were also called in to assist. After 5 hours of negotiations the male suspect finally surrendered and was taken into custody without further incident. The professionalism and teamwork of all those involved to help make volatile situation to end peacefully. He pointed that although it was a team effort one officer performance stood out that officer was Sergeant Aaron Lester. KPC Open Session Minutes Of July 29, 2022, Meeting Page 5 SUBJECT DISCUSSION ACTION As KPD’s a senior negotiator he was able to effectively communicate, and form repour with the male suspect who suffers from mental issues. Lt. Nagahisa commended Sgt. Lester for an outstanding job and stated that it was an honor for him to be able to recognize him as the Employee of the Month for July 2022. Sergeant Lester stated that he appreciated all of the accolades, but this was the third time KPD’s Negotiation Team had to negotiate with the male suspect. He acknowledged Detective Brian Silva for being there for the first two incidents of which one of those incidents took more than 8 hours to complete and Officer Cabrera for being there for the third incident. All four (4) Commissioners took the opportunity to congratulate Sgt. Lester, Detective Brian Silva, and Officer Cabrera for job well done. Prior to presenting Sgt. Lester with a certificate of exemplary service, Police Chief Raybuck congratulated the entire Crisis Negotiation Team for a job well done. He shared that nationally those types of negotiations often do not end peacefully, and lives are torn and shattered. But because of the dedication and commitment of Sgt. Lester, Detective Silva, and the entire Crisis Negotiation Team what was a violate situation ended peacefully. Approval of Agenda Chair Bahouth called for a motion to approve the agenda. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the agenda was approved. Approval of Open Session Minutes of May 27, 2022, Meeting Chair Bahouth called for public testimony, seeing there were no testifiers, he called for a motion approve the open session minutes of the May 27, 2022, meeting. Commissioner Belz moved to approve the open session minutes of May 27, 2022, meeting. Commissioner Bestwick seconded the KPC Open Session Minutes Of July 29, 2022, Meeting Page 6 SUBJECT DISCUSSION ACTION motion. Hearing no objections, the minutes were approved. Chief’s Monthly Bureau Reports and Pertinent Updates/ Announcements Chair Bahouth called for public testimony, seeing there was none, he called on Police Chief Todd Raybuck to address the Chief’s Monthly Bureau Reports. • Administrative and Technical Bureau • Investigative Services Bureau • Patrol Bureau • Chief’s Office ✓ Community Outreach Chief Raybuck asked the Commissioners of they had any questions on any of the data reflected in the Chief’s Monthly Reports. Police Chief Raybuck, in response to Chair Bahouth’s questioning, responded that the asset forfeiture funds are monies that have been seized and are held in a separate account aside from the county’s general fund. Those funds are used to conduct trainings, purchase equipment and any unused funds will remain in the account for future use. To his recollection none of those funds have been tapped into for at least three years and if KPD did use those funds, it was used in small increments. Police Chief Raybuck, in response to Chair Bahouth’s questioning, responded that based on the United States Supreme Court ruling which specifically mentioned that Hawai‘i violated the second amendment in the case of USR&PA v. Bruen. The Bruen decision nullified the exceptional case requirement that chiefs of police should no longer require that an applicant show an exceptional case, where an applicant would have to show reason for fear of injury to the applicant’s person or property to obtain a concealed carry license. KPC Open Session Minutes Of July 29, 2022, Meeting Page 7 SUBJECT DISCUSSION ACTION He further explained that because of the Bruen decision the Kauai Police Department has seen an uptick in inquiries from the community who have drawn requests for a permit and KPD’s response was that the county attorney’s office is working diligently with the attorney general’s office to come up with a system that is compliant with the Bruen decision. Chief Raybuck stated that all four police chiefs across the state have been meeting frequently to come up with a plan that is also consistent with the Bruen decision. He noted that because of Sergeant Perreira’s hard work and dedication KPD’s new an online firearm registration is now two weeks in and once completed members of the community will be able to go online to register to obtain a permit to acquire a firearm. The backside to that is the education component, KPD is working with its counterparts to develop a training program to train police officers on how to interact with individuals who may be illegally carrying a firearm, in a manner that will ensure the officer’s safety and protect to the constitutional rights of the individual. With further no questions, Chief Raybuck moved on to his community outreach events highlighting a short video capturing the Touch a Truck Event that was recently held and the upcoming “Coffee with a Cop” event which will be held at the Waimea Plantation Cottages on August 20, 2022. Chief Raybuck also took the time to express his heartfelt appreciation for Deputy Chief Olsen who is resigning at the end of August. He stated that Deputy Chief Olsen’s abundance of knowledge and experience brought value to the Kauai Police Department and that he will be forever grateful for all of his support and that he will be greatly missed. Commissioner Morita thanked Deputy Chief Olsen for everything he has done for the Kauai Police Department, noting that he hopes that the next person to fill the deputy’s position will be someone from within the Department. KPC Open Session Minutes Of July 29, 2022, Meeting Page 8 SUBJECT DISCUSSION ACTION Chair Bahouth expressed his appreciation for Deputy Chief Olsen. He stated that his commitment over the past year and the sacrifices he made to come to Kauai to serve as the Deputy Chief is commendable, and although he is leaving to go back to the mainland, he wants to reassure him that he and his family will always have a home here on Kauai. Chief Raybuck, in response to Commissioner Bestwick questioning, Chief Raybuck responded that Johnette Chun from the Chief’s Office put out a display table at the Touch a Truck event of all KPD’s job openings, and it worked because she actively recruited four members from community. As far as KPD using the event as an opportunity to recruit people in the future, Chief Raybuck stated that being that it was KPD’s first event their recruitment approach was passive. Councilmember Billy Decosta commended Sergeant Aaron Lester and Sergeant Stacey Perriera for all of their hard work and accomplishments. In response to the Sergeant Lester’s use of the word “team” Councilman Decosta stated that every officer who is sitting in the room including Chief Raybuck, and the Police Commission are all on the same team. He then commended Sgt. Perreira for going back to school to earn a master’s degree. In response to Commissioner Morita’s comment about having someone from within KPD be the next deputy chief, Councilman Decosta stated that he will advocate for it. With no further comments, Chair Bahouth moved on to item KPC 2022 -2. KPC Open Session Minutes Of July 29, 2022, Meeting Page 9 SUBJECT DISCUSSION ACTION Business KPC 2022-2 Presentation by the permitted interaction group on recommendations on the process, procedures, and tools to enhance the chief of police evaluation resulting in a more cohesive evaluation product. Deferred on May 27, 2022. Chair Bahouth called on Boards and Commissions Administrator Ellen Ching to read item KPC 2022-2, after which she called for public testimony. There was none. Ms. Ching, in response to Commissioner Morita’s questioning, responded that because of Human Resources heavy workload members of the permitted interaction group did not have the chance to meet therefore she will be asking Chair Bahouth if he could entertain a motion to defer item KPC 2022-2. Chair Bahouth acknowledged Administrator Ching’s request and called for a motion to defer item KPC 2022-2. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, a roll call vote ensued, the motion to defer item KPC 2022-2 carried 4:0. KPC 2022-12 Communication dated June 30, 2022, from Police Chief Todd Raybuck to Chair Gerald Bahouth, and members of the Kauai Police Commission regarding an update on the progres s made to the Department’s fiscal year goals through June 30, 2022. After reading the agenda item, Administrator Ching called for public testimony, seeing there was no testifiers, she called on Police Chief Raybuck to address the Department’s fiscal year goals. Chief Raybuck stated that the sets the goals but it’s the men and women in the Kauai Police Department who does the work. He noted that at the time of writing the Administrative and Technical Bureau Report, he estimated returning about a million dollars in overtime funds, but because of the current circumstances he now anticipates that by the end of fiscal year 2021- 2022, the Department will be returning anywhere from $300,000 to $500,000. KPC Open Session Minutes Of July 29, 2022, Meeting Page 10 SUBJECT DISCUSSION ACTION Chief Raybuck in response to Commissioner Morita’s questioning, responded that all covid expenses have been paid for and that none of monies to cover those expenses came from the Police Department’s budget. At this point, Chair Bahouth sought a motion to receive item KPC 2022-12, for the record. Chief Raybuck, in response to Commissioner Bestwick questioning, responded that the Cordico Wellness App was designed with public safety in mind by mental health professionals in coordination with various health care providers and law enforcement agencies. Their goal was to develop an app where people could download it on their personal phone and have 24- hour access to a wide range of healthcare and wellness resources. He added that the system also provides a way for passive individuals to actively engage in it. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, item KPC 2022-12, was received for the record. KPC 2022-13 Discussion and decision-making on revision to Rule 11 of the Police Commission Administrative Rules of Practice and Procedure. After reading the item, Administrator Ching called for public testimony. Seeing there were no testifiers she called on Deputy County Attorney Chris Donahoe to address item KPC 2022-13. Deputy County Attorney Donahoe briefed the Commissioners on where he is at in reviewing the language in Rule 11. He noted that while doing research he found some issues and that he his counterparts are working on standardizing the language for all police commissions across the state but until their work is completed, he would like to request that the item be deferred. With no further comments, Chair Bahouth called for a motion to defer item KPC 2022-13. Commissioner Morita moved to defer item KPC 2022-13. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried. KPC Open Session Minutes Of July 29, 2022, Meeting Page 11 SUBJECT DISCUSSION ACTION KPC 2022-14 Letter dated June 15, 2022, from SHOPO Business Agent Roy Asher, Kauai district, to Chair Gerald Bahouth and members of the Police Commission regarding comments that were made by commissioners in Chief Raybuck’s evaluation for the period of April 19, 2019to April 22, 2020. After reading the item, Administrator Ching called for public testimony. Seeing there were no testifiers. Commissioner Morita mentioned that being that Mr. Asher was not in the audience, he would like to defer the item to the next meeting. Chair Bahouth called for a motion to defer item KPC 2022-14 to the Commission’s next meeting. Commissioner Morita moved. Commissioner Bestwick seconded the motion. Item KPC 2022-14 was deferred to the Commission’s August meeting. KPC 2022-15 Testimony by Detective Brian Silva on morale, standards of conduct, retention, staffing issues, management on the safety of the community and the well-being of the officers in the Kauai Police Department. After reading the item, Administrator Ching called for public testimony and then explained the oral testimony guidelines. Detective/Sergeant Brian Silva testified that he is assigned to Investigative Services Bureau and that he has been with the Kauai Police Department for 21 years, prior to that he served four (4) years in the United States Marine Corp. He thanked Boards and Commissions staff for assisting him in getting his item on the agenda and the Commissioners for their willingness to serve on the Police Commission as volunteers to ensure that the police department runs efficiently so that the Kauai residents and visitors are safe from criminal activities such as death, assaults, and illegal drugs which unfortunately is the cause of losing some of Kauai residents. Kauai is unique and small, where everyone knows one another and when someone is a victim of a crime or overdose because of illegal drugs running rapid throughout the island it effects everyone. KPC Open Session Minutes Of July 29, 2022, Meeting Page 12 SUBJECT DISCUSSION ACTION He testified that he would like to be on record that he is testifying to address the Police Commission on sensitive matters linked directly to public safety and the security of the Police Commission under the leadership of Todd Raybuck. He testified that he understood part of the Police Commission’s authority is to appoint, discipline and remove the chief of police as well as oversee matters related to goals and aims of the Kauai Police Department. He testified that the Kauai Police Department’s policy prevents him from publicly speaking directly on matters that are detrimental to the Chief and because of the vague interpretation on whether or not his statements would be protected under the first amendment based on the nature of matters that are related to public safety and the security of the community. As such he is requested an open session to ask that he be provided time in executive session to make those items known to the County of Kauai and the Kauai Police Commission in accordance with Hawai‘i Revised Statutes 92-1, 92-3, 92-4, 92-5 subsection 6. But because he is unbale to speak in open session about those matters, in fear of possible retaliation, he would like to give his remaining testimony time to Chris Calio, SHOPO’s Director-at-Large. For clarification, Commissioner Morita asked Detective Silva if he was requesting for time in executive session to which Detective Silva replied yes, sir. Chair Bahouth referred Deputy Attorney Chris Donahoe to opine on. Deputy County Attorney Chris Donahoe replied that although Detective Silva is referring to Hawai‘i Revised Statutes §92-5 (6), based on the Sunshine Law it is unclear to him as to what specific items he (Silva) wants to bring up in executive session therefore as the Commission’s legal counsel Detective Silva’s request for executive session time should be denied. KPC Open Session Minutes Of July 29, 2022, Meeting Page 13 SUBJECT DISCUSSION ACTION Administrator Ching advised Chair Bahouth that if the Commissioners had questions, they would like to consult Deputy County Attorney Donahoe about now would be the time for him to call for a motion to enter into executive session. Chair Bahouth asked Ms. Ching if he should wait for the executive session portion of the agenda before he calls for the motion or should he call for a motion to enter into executive session now. Administrator Ching started that because there is a testifier waiting to testify on the item, he should allow the testifier to testify, and he can call for a motion to enter executive session. Commissioner Morita asked Detective Silva if the Hawai‘i Revised Statutes he was referring to came from the Hawai‘i Revised Statutes to which Detective Silva replied yes and that he believes that the security and safety of the community is part of the reason why he is asking for an executive session. Administrator Ching clarified that any additional testimony would have to wait until after the people who didn’t have a chance to testify has had the opportunity to testify which if course would be at the Chair’s discretion to allow those who had testified earlier to testify for additional three minutes. Chair Bahouth thanked Ms. Ching for clarifying and then asked if there was anyone in the audience who wished to testify on item KPC 2022-15. Regina Kaulukukui, also known as Gina, testified that she is a civilian who works in the Kauai Police Department. She really , really wants to advocate and support what Brian Silva is sharing today. They need to have a voice; they need to be heard. Sadly, it hasn’t happened in the Kauai Police Department. There is no place for them to go to let people know what is truly happening internally. Every single day people in the Police Department say how they cannot wait or how much time they have left before they can get out of there. Key people, KPC Open Session Minutes Of July 29, 2022, Meeting Page 14 SUBJECT DISCUSSION ACTION corner stones of the organization have walked out. People are being devalued and they need to have a voice. She thinks it’s so incredibly important. As Councilmember Decosta shared earlier everyone here is a family, a family of people in uniform. She does not wear a uniform but the work that she does in domestic violence is incredibly important for the safety of th e community. We just honored somebody who negotiated with a person for 5 hours on a domestic violence case for a third time. The work that the civilian workers do is equally essential to the work those officers do, and they are all partners, but they are not being recognized as partners by the administration. It’s really sad, it’s sad. She said that it’s been 4 years (2019), and no one has ever asked her what the stats are, how many victims they have served and what they do for the community – they don’t ask about the legality and the unique things about her program. She says that because they lost one of their most key civilian workers. They had the most unique sex assault SANE Program but was told that they would never spend money for their programs which makes her she wonders if it was because of their civilian status. In closing she really, really wants to say that they have amazing men and women that keeps the community safe, who risks their lives every single day and they are a team. But the hierarchy between uniform employees and civilians; they’re up there and we are down here, and we should be here. She absolutely thinks that those officers and civilians need to have a voice and would like to encourage the Commission when going into executive session to find a way to make it possible for them to have a voice. Thank you. Administrator Ching asked if there was anyone in the audience who wished to testify on item KPC 2022-15. There was none. KPC Open Session Minutes Of July 29, 2022, Meeting Page 15 SUBJECT DISCUSSION ACTION 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). Chair Bahouth called for a motion to enter into Executive Session. At 10:11 a.m. Deputy County Attorney cited the Hawai‘i Revised Statutes to take the meeting into executive session. A motion was made by Commissioner Morita to convene into Executive Session for the purpose of consulting with the Commission’s attorney on questions, and issues concerning item KPC 2022- 15, where issues of privacy will be discussed may relate to the Commission’s powers, duties, privileges, immunities, and liabilities. Commissioner Belz seconded the motion, a roll call vote ensued, the motion carried 4:0. Return to Open Session At 10:59 a.m. the Commissioners returned to open session. Chair Bahouth called for a roll call to ascertain quorum. A roll call ensued with all four Commissioners present to condu ct business. KPC Open Session Minutes Of July 29, 2022, Meeting Page 16 SUBJECT DISCUSSION ACTION Chair Bahouth stated that he was asked by Commissioner Morita to call for a motion to take the agenda out of order to allow Lt. Calio to testify on item KPC 2022-16 because he needed to catch a flight. Commissioner Morita moved to take the agenda out of order and allow Lt. Chris Calio to testify on item KPC 2022-16. Commissioner Belz seconded the motion. Hearing no objections, the motion carried. KPC 2022-16 Testimony by Lieutenant Christopher Calio regarding the standards of conduct, retention, and separations in the Kauai Police Department. After reading the item, Administrator Ching called for public testimony. Ms. Ching noted that anyone testifying will be given three-minutes to testify. Lieutenant Chris Calio of the Kauai Police Department major crime section stated his name for the record and noted that he is off duty. He acknowledged the Police Commissioners and Police Chief Todd Raybuck. He testified that he’s SHOPO’s (State of Hawai‘i Police Officers’ Organization) Director at-Large and thanked the Commissioners for the opportunity to discuss two major concerns that has been an issue for many years (even) prior to Chief Raybuck’s tenure. The two subjects are critical to law enforcement families, the civilian workforce especially the community they serve. The union officials have been working very hard negotiating wage increases for the past two years and has successfully obtained a contract that will increase their minimum wage by about 21% in the next three years. But he wants the Commission to know that it does not alleviate the high attrition rate of employees separating from service albeit retiring, taking an early retirement, quitting, or transferring to another agency. It is not just happening in KPD it KPC Open Session Minutes Of July 29, 2022, Meeting Page 17 SUBJECT DISCUSSION ACTION is happening across the nation. However, he has not seen so many employees in such a short amount of time separate from service. They even have employees out on medical leave due to injury on the job and working conditions. The numbers are very alarming, he is not sure if there is a comprehensive plan that is supported by the Police Commission created by KPD’s senior staff to alleviate this critical problem. We are losing employees that have extensive corporate knowledge and skills that took years to develop go to other agencies due to a lack of (inaudible) and an over amount of workload. He has spoken to the people who had left, and they all said that they knew he was leaving but they didn’t talk to him as to why and what they could have done to keep him to avoid losing him. They don’t care, many of us have loss trust and hope that they are getting better as an organization, its far more costly and time consuming to recruit new officers and new civilian workers then it is to retain them. Reducing retention problems could alleviate the need to recruit. The lack of retention created a huge void in KPD’s operations as they would have to shift and take sworn personnel to do the work the civilian employees would normally do, which leaves gaps in critical services in the community. He can go on and on, but he’ll leave it there. The second sergeant is critical to KPD’s employees and so is the standard of conduct, he brought copies with him for the Commissioners to keep and use when reviewing complaints against KPD’s employees arising from an administrative investigation. The standard of conduct is not a guideline, it is a standard for employees to conform to at the highest level of professionalism which starts with the chief and ends with the chief. The mission statement is clear that we respect and treat each other and everyone we serve with dignity and respect. If we cannot treat each other, our fellow co-workers, and subordinates with dignity and respect their attitudes towards work and towards each other will be reflected upon the community and the service will become less effective and unprofessional. KPC Open Session Minutes Of July 29, 2022, Meeting Page 18 SUBJECT DISCUSSION ACTION Integrity – maintaining professional ethical standards and starts at the head and ends at the feet. If we show a disparity in treatment because one of the sworn commits an offense the public trust is tarnished. Every officer and employee use – the saying goes “one wrong all wrong”, “ one pays all pay”. Professionalism – this is one of the most important aspects of being an employee in the Kauai Police Department. It starts at the very top. If it is witnessed by employee s that the head of the organization is unprofessional, the trust and confidence is compromised especially if there is little to no consequences. He is not sure if the Police Commission is aware that as law enforcement officers’ they get paid 24/7 for standard of conduct which relates to on and off- duty conduct. It is sad that the civilian employees do not get paid the same but have to abide by the same standard. To touch on the code of ethics he would be an exemplary model in obeying the laws and the regulations of his department. He wo uld never act (inaudible) or permit personal feelings prejudices or hold animosity to toward anyone. At this juncture, Chair Bahouth notified Mr. Calio that his three-minute limit is up but would grant him an additional three more minutes. Mr. Calio testified he would never act atrociously or have friendships influence his decisions with no compromise. He wants the Commissioners to know when there is no double standards on how they conduct themselves when it comes to morale, motivation, dedication, trust, loyalty, and respect because it there was all of that would diminish and the organization will become weak and ineffective. As a retired master sergeant in the United States Army, he has done three combat tours, attended the Hawai‘i Sergeant Major Academy for six years where he took leadership development courses. From a junior uncommission officer to commissioned officer, he has the knowledge and experience on what a good leader should look like and should be. KPC Open Session Minutes Of July 29, 2022, Meeting Page 19 SUBJECT DISCUSSION ACTION He has conducted himself to well and will continue to do so with the highest level of professionalism. In ending, he stated that if the Commissioners have any questions, he will prefer addressing their questions in executive session. Chair Bahouth thanked Lt. Calio for his testimony. Chief Raybuck asked Chair Bahouth if he could respond to some of the comments that were made to which Chair Bahouth replied yes. Chief Raybuck began by thanking Lt. Calio and stated that he appreciates his testimony. He stated that relative to agenda items KPC 2022-15 and KPC 2022-16 it was hard for him to know exactly at what point he should respond. Seeing that both items is about retention and separations (he participated in some of those conversations) want to share with the Commission what the current sworn, and retention stats are. Chief Raybuck referred to a copy of KPD Sworn Officer Manpower Review Report which was distributed to the Commissioners. The Report reflected the Department’s manpower from 2016 through July 2022 of which three years of those years preceded his tenure as Police Chief and his three years as Police Chief. Chief Raybuck stated that often opinions form perceptions and perceptions can create false realities, but the facts are the facts and based stats on the manpower review KPD has 161 authorized sworn positions of which 144 (89.5 %) are currently staffed. KPC Open Session Minutes Of July 29, 2022, Meeting Page 20 SUBJECT DISCUSSION ACTION He pointed out that between 2016 and June 2022 the Police Department hired 70 police officers of which 52 were hired between 2019 and 2022 which equates to a 74% hire rate, and 44 (63% )of those officers that were hired in 2016 are still employed by KPD. To date 26 police officers have separated from employment due to termination, separation, and resignation. In addition to the manpower stats in 2021, the Department re-established five public safety positions and hired three cellblock workers of which two unfortunately have resigned for various reasons, one due to the mandatory covid vaccine requirement. To date KPD has two current candidates who are currently undergoing background checks. Chief Raybuck pointed out that Page 3 of the Manpower Report reflects a graph of the actual number of new hires and separations between 2016 to July 2022. Between 2016 and 2018 the new hire average per year was 6.3%. Between 2019 an d2021 the new hires was at 16.3 per year a percentage of 159% increase in new hires over the previous three-year period. Between 2016 – 2018 timeframe separations was 11.7 versus the current separations at a slight increase of 13.7. Notably the average number of retirements is 3.8. Between 2016-2018 the Police Department had a net loss of recruitment and attrition of 17. Chair Bahouth notified Chief Raybuck that his three minutes were up; however, he will grant him three more minutes. Chief Raybuck testified that the Police Department had a net gain of 10. He then turned to page 4 reflecting data on the Department’s 5-year new hires versus separation trends and on page 5 it reflects a total 25 retirements between 2017 – 2022. KPC Open Session Minutes Of July 29, 2022, Meeting Page 21 SUBJECT DISCUSSION ACTION Chief Raybuck stated that the number of people leaving the Department essentially remain unchanged for the past six years. He noted that everyone has the opportunity to retire and the majority of the people who left the Department left after serving 25 admirably years or more of serve. Retirement is what every police officer looks forward to doing. Chief Raybuck, in response to Deputy County Attorney Donahoe’s questioning , responded yes, he would like to have KPD’s Manpower Review Report be part of his oral testimony. Chair Bahouth called for a motion to receive KPD’s Manpower Review Report as part of Chief Raybuck’s testimony. Chair Bahouth called for public testimony on item KPC 2022 -16. Regina Kaulukukui, Domestic Violence Coordinator, testified that what Chief Raybuck’s handout negates to show is what really is going on internally and that it is not an opinion of one. They are here today because the Police Commission needs to know that people are leaving not because they have successfully completed 25 years of service in the Kauai Police Department. How would they know when there are no post-interviews and there are no conversations as to how a person is doing and what they need. She can tell the Commission that since 2019 neither the Chief nor the Deputy Chief has ever stepped into her office to ask her about stats on domestic violence, what she needs to do to make her job successful and how she can work collaboratively with her peers. Those people are my peers and yet, everyday the conversations she is hearing is, I cannot wait to leave. In a year, and a half she will have 15 years in age and then she can walk out of the Department, her biggest fear though is the lack of support and that they are going to eliminate her position because nobody cares. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of July 29, 2022, Meeting Page 22 SUBJECT DISCUSSION ACTION That’s what they’re feeling every day, they put their lives on the line every single day and yet they feel no one gives a damn, those men and women should be applauded for their work including the civilian workers. Did he (Chief Raybuck) share that in traffic, for one month there was only one officer working 24 hours a day who had to report to a fatality and who was exhausted. The Commission is not hearing the effects of those men and women who are putting in time and the effect it is having on their families, we need to step up and take care of them so that they last longer then 25 years or in her case 15 years. What we do as a community and as law enforcement matters, and everyone needs to know that they matter. They need to feel that 25 years is a drop in the bucket because for her she would like to stay 25 more years. Chair Bahouth thanked Ms. Kaulukukui for her testimony. Chief Raybuck asked Chair Bahouth if he could ask a question to which Chair Bahouth replied yes. Chief Raybuck stated that he appreciates the passionate testimonies from Lt. Calio and Ms. Kaulukukui. He stated that he doesn’t disagree on the need to provide a great working place and the need to try to retain people and provide the best service KPD can. He stated that everyone sitting in the meeting room heard testimony from at least three people concerning morale in the Kauai Police Department and he knows that SHOPO did a survey on the Maui Police Department and is planning on doing a survey on the Kauai Police Department which he fully supports because he feels it is important to hear the voices from a collective police department, not just from those who willing to testify at today’s meeting. KPC Open Session Minutes Of July 29, 2022, Meeting Page 23 SUBJECT DISCUSSION ACTION He asked Lt. Calio when he anticipates SHOPO putting out the survey in KPD so everyone in KPD can participate and speak about what their concerns are if he would be able and willing to meet with him (Chief Raybuck) before he puts out the survey so that collectively they can craft the questions in a way that would be beneficial for them to work together to help move the Police Department forward. Lt. Calio replied that he would basically have to defer his request to SHOPO Chapter Chair Kennison Nagahisa because as he is SHOPO’s Director-At-Large, and that Lt. Nagahisa is the person who works directly with the Police Department. As to when the survey would be going out, he estimates that it would be out in two-weeks, and that he knows for sure that Lt. Nagahisa will being sitting down with him once the results of survey are in. Chief Raybuck thanked Lt. Calio. Chair Bahouth asked if there were any members of the public who wish to give testimony on item KPC 2022-16. Seeing none, Chair Bahouth moved on to item KPC 2022-17. Lt. Calio distributed copies of KPD’s Standards of Conduct. Chair Bahouth called for a motion to accept copies of KPD’s Standards of Conduct from Lt. Calio. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. Continuation of item KPC 2022-15 Administrator Ching read item KPC 2022-15. She asked if there was anyone in the public who haven’t already testify on item KPC 2022-15, to come forward. There were no testifiers. Chair Bahouth stated that after consulting with the Commission’s attorney concerning the Commission’s powers, duties, privileges, immunities, and liabilities as it relates to Detective Silva’s request for an executive session, there may be a possibility, but he would refer the matter to Deputy County Donahoe to explain what the Commission’s options are. KPC Open Session Minutes Of July 29, 2022, Meeting Page 24 SUBJECT DISCUSSION ACTION Deputy County Attorney Donahoe explained that pursuant to HRS 92, the legislature declared that it is the policy of the state that the formation and conduct of public policy on discussions, deliberations, decisions, and the actions of government agencies shall be conducted as openly as possible. Under HRS 92-1 (3), the provisions provided for exceptions to the open meeting requirements shall be strictly construed against closed meetings. He pointed out that the exceptions listed under HRS 92-5 include matters related to public safety or security. He then referred to a Civil Beat case on public interest versus the City and County of Honolulu where the courts found that any permitted exceptions to the intermediate requirement under HRS 92-5 must be narrowly construed and the provisions provided for exceptions to the open meeting requirements shall be strictly construed against closed meetings under HRS 92-3, and that not all personnel discussions are exempt from the open meeting requirements unless it meets that narrowly construed exemption. He stated that how the agenda item is written and based on the testimonies so far does not meet the exemption requirement to take place in executive session therefore the remainder of Detective Silva’s testimony shall take place in open session. At this juncture, Deputy County Attorney Donahoe called on Chair Bahouth to address some of the other options if he chooses to explore those options further. Chair Bahouth explained that he (Silva) can continue his testimony and bring forth the nature of what he wants to testify on, or he can submit something in writing to the Police Commission and upon his own review as counsel for the Police Commission he would determine if it met the executive session requirement. KPC Open Session Minutes Of July 29, 2022, Meeting Page 25 SUBJECT DISCUSSION ACTION Referring to Hawai‘i Revised Statutes subsection six (6) on consideration of sensitive matters related to public safety and security. Detective Silva stated that he would be in a bind because of a previous case ruling under the Standards of Conduct that would not protect him from being disciplined. He stated that the issues that he wants to talk about will cause the public concern which is why he is asking for an executive session. He asked if his written statement would be made public because if it is made public it would put him in a bind. He stated that he wants to be able to speak about his concerns to the Police Commission regarding the Chief of Police and the Department, but he does not violate the Standards of Conduct and or break any rules. Chair Bahouth stated that the confidential nature of what he is going to submit to the Police Commission would have to go the Boards and Commissions first. He asked Ms. Ching if letters submitted to her office would not be considered confidential at that point. Ms. Ching any letter that potentially or any testimony with a accompanying letter requesting to be place on the agenda would be routed to the Office of the County Attorney to determine whether the letter/testimony would be placed in open or executive session. Once the county attorney decides the item would be placed appropriately on the agenda, noting that items that are placed in open session will be made public. Chair Bahouth stated that there is a risk that the item could be place in open session to which Ms. Ching replied yes and stated as a courtesy her office would inform the individual that their request would be in placed on the agenda in open or in executive session. Chair Bahouth stated that it’ his understanding that if the item is placed in open session the individual could request to have the item pulled from the agenda to which Deputy County Attorney Donahoe replied yes, but that must occur before the agenda is posted. KPC Open Session Minutes Of July 29, 2022, Meeting Page 26 SUBJECT DISCUSSION ACTION Detective Silva stated that there must be a way for him to be able to testify in executive session because subsection six (6) meets the requirement for an executive session. Deputy County Attorney Donahoe clarified that any potential executive items (i.e., communication) will be vetted by the county attorney’s office to determine whether the item meets the Hawai‘i Revised Statutes requirement to be placed in executive session or not. Once a determination is made the requestor may pull their item back because it didn’t meet the Sunshine Law requirements for an executive session and the item would not be made public. However, if the item is placed on the agenda that it would be made part of the record and subject to a UIPA request. Ms. Ching stated that all UIPA requests must be reviewed by the county attorney’s office for legalities and based on their review sections of the document (s) may be redacted to ensure privacy and or sensitive information prior to the document being released. Detective Silva stated that he does not want to violate the Standards of Conduct he just wants to share his concerns about issues he mentioned earlier in executive session. Deputy County Attorney Donahoe reiterated that before a determination can be made on whether Detective Silva’s communication would be placed in open or executive session, he would need to do a thoroughly review of the communication, and potentially it could be released if asked. Once a request comes for information the document would have to be reviewed again to see if it falls under the exception requirement as to whether or not it can or should be released or not. If the document falls under the exception, then the document would be released in a redacted form which depends on the privacy interests involved relative to what is being communicated. Significant privacy interests under UIPA is different from the open meetings. KPC Open Session Minutes Of July 29, 2022, Meeting Page 27 SUBJECT DISCUSSION ACTION Detective Silva asked for clarification if his request can be a written statement, or an outline describing the subjects that he would like to speak about. Chair Bahouth stated that either way Deputy County Attorney Donahoe would still have to decide. Ms. Ching clarified further that it all depends on how Detective Silva’s communication written. Detective Silva asked Ms. Ching if she had a sample document that could help him write his communication. Ms. Ching replied that the document should indicate what he wants to communication to the Commission, and it should state that it’s not related to testimony. Deputy County Attorney Donahoe noted that his communication must fit the exceptions specifically. Detective Silva thanked everyone for the clarification and stated that he will be submitting his written communication requesting for executive session time. Commissioner Morita stated that based on Detective Silva’s statement he would like to move to defer the item to the Commission’s next meeting. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. Commissioner Bestwick thanked everyone who came out to testify stating that it takes courage and patience to learn the process. Sergeant Aaron Lester stated that he doesn’t know what Detective Silva is trying to do and understands that there is a process in place to protect the Police Commission and to make sure that everyone is following the right process. He asked if there are repercussions if the Commission was to go into executive session with Detective Silva to hear what he had to say and then determine in executive if it should be opened to the public. KPC Open Session Minutes Of July 29, 2022, Meeting Page 28 SUBJECT DISCUSSION ACTION Chair Bahouth stated that what Detective Silva is requesting currently does not meet the requirement for an executive session. Sergeant Lester asked if it is the county attorney’s interpretation that Detective Silva’s communication must be addressed in open session and what recourse is there for the Department if the chief of police did something, who could he go to without violating the Standards of Conduct. Deputy County Attorney Donahoe stated that the County has a policy on the Discipline of Department Heads Subject to Removal by Boards and Commissions. Complaints against department heads shall be in writing and filed with the Mayor of the County of Kauai no later than 180 days from the date on which the complainant bec ame aware of the matter which gave rise to the complaint. Sergeant Lester asked if for some reason Detective Silva cannot speak to the Commission on what he wants to say in executive session if he could to go to Human Resources. Deputy County Attorney Donahoe explained that if the complaint is against a department head the complainant should file the complaint with the mayor, and upon receipt of the complaint the mayor shall transmit the said complaint to the appropriate Commission with the appointing and removal power where an investigation potentially may or may not be opened. For clarification, Commissioner Bestwick stated that the Police Commission does not oversee the entire Police Department, the Commission’s purview is with the chief of police and reviewing citizen complaints filed against members in the Kauai Police Department. Being there were no further testimony, Chair Bahouth moved on to item KPC 2022 -17. KPC 2022-17 Discussion and decision-making on establishing a permitted interaction group to write the Consolidated Report as it relates to the Chief Raybuck’s evaluation, select three members or less to serve on the group, and to determine the scope of the permitted action group. KPC Open Session Minutes Of July 29, 2022, Meeting Page 29 SUBJECT DISCUSSION ACTION After reading the item, Administrator Ching called for public testimony seeing there were no testifiers she called on Chair Bahouth to entertain a motion to form a permitted interaction group. Commissioner Morita asked if he could move to defer the item because both Chair Bahouth and himself terms ends in December 2022 and with Vice Chair Jardin being absent he felt that it would be better to wait until Vice Chair Jardin is present before establishing a three- member permitted interaction group. Ms. Ching explained that the purpose of establishing the permitted interaction group is for the group work collaboratively to write a Consolidated Report on Police Chief Raybuck’s notable accomplishments related to building capacity, addressing vacancies, community safety, miscellaneous, and progress made toward the Department’s goals identified in KPD’s FY21/22 Goals, as well as areas concerns by the Commissioners which covers the period from July 1, 2021, to June 30, 2022. She further explained that in the past the Chief’s evaluations were comprised of individual commissioners’ comments without the mentioning of names, but that became an issue because certain comments needed further clarification. As such, Human Resources recommended that the Chief’s Performance Evaluation Report be a summary of the entire body versus comments made by individual Commissioners. Procedurally, staff would gather all the individual evaluations and col lated the comments into one Report identifying each individual commissioner as commissioner 1, 2 and so forth. Ms. Ching stated that the newly established permitted interaction group will be tasked to take the Collated Report and generate a Consolidated Report reflective of the entire body. Ms. Ching, in response to Chair Bahouth’s questioning, responded that the Consolidated Report will be reviewed by Human Resources to make the Report is within the scope of HR. Commissioner Morita moved to establish a permitted interaction group. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of July 29, 2022, Meeting Page 30 SUBJECT DISCUSSION ACTION She added that the new PIG will be tasked to review the Collated Report and draft a Consolidation Report for the Commission to review at the second meeting; and at the third meeting the Commission will deliberate and decide if it wants to adopt the PIG’s recommendations. Once the Chief’s Performance Evaluation Consolidated Report is adopted then the Chair and Vice Chair along with a representative from HR will meet with Chief Raybuck to discuss his Performance Evaluation Consolidated Report. Once the Chair and Chief Raybuck signs the Report, a copy will go to the Police Commission staff for recording keeping and a copy will go HR for placement in Chief Raybuck’s personnel jacket, and the original will go to Chief Raybuck. Chair Bahouth stated that being that the motion to establish a permitted interaction group passed the step is to ask for three or less members to serve on the permitted interaction group. Ms. Ching, in response to Commissioner Bestwick questioning, responded that the first permitted interaction group he volunteered to serve on earlier hasn’t met yet because she still needs to coordinate the meeting. The reason for the delay is because she wants Commissioners Bestwick and Belz to be able to experience their first evaluation process and as a group make recommendations to either keep it status quo or make changes to enhance the Chief’s evaluation process. The new established permitted interaction group will focus on the Collated Evaluation Report and draft a Consolidated Report whereas the first permitted interaction group that was established earlier will be looking at the overall process and make recommendations. Chair Bahouth thanked Ms. Ching for the clarification, then called for three or less volunteers. KPC Open Session Minutes Of July 29, 2022, Meeting Page 31 SUBJECT DISCUSSION ACTION Ms. Omo, in response to Commissioner Belz questioning, responded that although she did not participate in the current evaluation the task of the second permitted interaction group is review the Collated Report and draft a Consolidated Report for presentation to the Commission, at the next meeting. Commissioner Belz stated that as a new Commissioner there’s a lot to take in and she wanted to thank staff for clarifying the process. With no further questions or comments, Commissioners Bestwick, Belz and Bahouth volunteered to serve on the PIG. Chair Bahouth called for a motion. Chair Bahouth called for a motion to establish the scope of the PIG to draft a Consolidated Evaluation Report. Motion No. 2 Commissioner Morita moved to designate Commissioners Bestwick, Belz and Chair Bahouth to serve on the PIG. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. Motion No. 3 Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC 2022-18 Public announcement on the Police Commission’s disposition on Notarized Complaint KPC 2022-002, alleging that an officer in the Kauai Police Department covered up a hate crime. Chair Bahouth called for public testimony. There was none. Ms. Ching read the public announcement on the Police Commission’s disposition for Notarized Complaint No. 2022-002, into the record. The complainant alleges that an officer in the Kauai Police Department covered up a hate crime. After discussion and deliberation, the P olice Commission rendered the allegation unfounded because it was not based on facts. This officially concluded the Commission’s review of Notarized Complaint KPC 2022-002. KPC Open Session Minutes Of July 29, 2022, Meeting Page 32 SUBJECT DISCUSSION ACTION KPC 2021-43 Discussion and decision-making on the climate assessment that was conducted by the Kauai Police Commission on the Kauai Police Department. (Deferred on May 27, 2022) Ms. Ching called for public testimony. There was none. Chair Bahouth called for a motion to defer item KPC 2021-43 to the Commission’s August meeting at which time the Report will be available. A motion was made to defer item KPC 2021-43 to the August meeting. Commissioner Belz seconded the motion, the motion carried 4:0. KPC 2022-19 Discussion and decision-making on a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, Police Lieutenant Christian Jenkins, Police Sergeant Ginny Pia, and Police Lieutenant Scott Williamson (former/resigned) in both their individual and professional capacities as it relates to Civil No. CV22 00269 LEK WRP that was filed by Wenjiu Liu in the United States Court for the District of Hawai‘i. Ms. Ching called for public testimony. There was none. Deputy County Attorney Donahoe recommended that the Commission moved to defer the item until after executive session so he can consult with the Commission concerning its powers, duties, privileges, immunities, and liabilities as they may relate to the case. Commissioner Morita moved to defer item KPC 2022-19 until after executive session. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried. KPC 2022-20 Discussion and decision-making on a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, as it relates to Civil No. 22 00286 - LEK-WRP, filed by Donald S. Greer, Ph.D. in the United States Court for the District of Hawai’i against Chief of Police Todd G. Raybuck, in both is individual and professional capacities. Chair Bahouth called for public testimony. There was none. Deputy County Attorney Donahoe recommended that the Commission moved to defer the item until after executive session so he can consult with the Commission concerning its powers, duties, privileges, immunities, and liabilities as they may relate to the case. Commissioner Bestwick moved to defer item KPC 2022-20 until after executive session. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of July 29, 2022, Meeting Page 33 SUBJECT DISCUSSION ACTION 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 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 liabilities as they may relate to the agenda items: ES KPC 2021-032, ES KPC 2022-1, ES KPC 2022-3 through ES KPC 2022-20. At 12:06 p.m. Deputy County Attorney cited the following Hawai‘i Revised Statues to take the meeting into executive session. ES KPC 2022-1 Monthly update by Lt. Christian Jenkins, 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 the Kauai Police Commission and referred to the Office of the Chief for further review. ES KPC 2022-3 Monthly update by Chief of Police Todd G. Raybuck, 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 Commission and the Kauai Police Department. ES KPC 2022-032 Complaint no. KPC 2021-013 received on November 4, 2021. The complaint alleges unethical and unprofessional behavior. (On-going) (a) Discussion and decision-making on the County of Kauai Department of Human Resources Investigation Report related to the above-mentioned complaint that was filed against an officer in the Kauai Police Department alleging unethical and unprofessional behavior. KPC Open Session Minutes Of July 29, 2022, Meeting Page 34 SUBJECT DISCUSSION ACTION ES KPC 2022-13 New notarized complaint KPC 2022-004, filed May 3, 2022, alleges that an officer in the Kauai Police Department provided special and preferential treatment to another officer who was caught attempting to conceal a firearm through a security checkpoint. ES KPC 2022-17 New Notarized Complaint KPC 2022-003 filed on May 25, 2022, alleges that two(2) on-duty officers in the Kauai Police Department violated Article VI B (4), by choosing personal preferment over public safety. ES KPC 2022-18 New Notarized Complaint KPC 2022-004 (a) filed on May 31, 2022, alleges that an on-duty officer in the Kauai Police Department abused his police power by falsely arresting the complainant. ES KPC 2022-19 New Notarized Complaint KPC 2022-005 (a) filed on June 6, 2022, alleges that two (2) on-duty officers in the Kauai Police Department approached the complainant without a warrant harassed, assaulted, injured, and arrested the complainant and took his property and vehicle and hasn’t returned any of property back to him. ES KPC 2022-20 Copy of a letter dated July 6, 2022, from SHOPO Business Agent Roy Asher to Ms. Annette L. Anderson Director of Human Resources regarding improper investigation into officer conduct and an alleged defamatory statement. ES KPC 2022-16 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 April 22, 2022, Meeting. Where consideration of matters affecting privacy will be involved and to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to this item. (Deferred on May 27, 2022) KPC Open Session Minutes Of July 29, 2022, Meeting Page 35 SUBJECT DISCUSSION ACTION ES KPC 2022-22 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 May 27, 2022, Meeting. Where consideration of matters affecting privacy will be involved and to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to this item. ES KPC 2022-23 Pursuant to Hawai‘i Revised Statutes §92-4, §92-5 (a) (4), the purpose of this Executive Session is for the Commission to consult with its Attorney concerning the Commission’s powers, duties, immunities, privileges, and liabilities as they may relate to Chief Raybuck’s FY July 1, 2021, to June 30, 2022, evaluation. ES KPC 2022-24 Pursuant to Hawai‘i Revised Statutes §92-4, §92-5 (a) (2) (4) and (5), the purpose of this Executive Session is for the Commission consult with its Attorney concerning the Commission’s powers, duties, immunities, privileges, and liabilities as they may relate to a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, Police Lieutenant Christian Jenkins, Police Sergeant Ginny Pia, and Police Lieutenant (former/Resigned) in both their individual and professional capacities in Civil No. CV22 00269 LEK WRP that was filed by Mr. Wenjiu Liu in the United States Court for the District of Hawai‘i against Chief of Police Todd G. Raybuck, Police Lieutenant Christian Jenkins, Police Sergeant Ginny Pia, and Police Lieutenant Scott Williamson (former/Resigned). ES KPC 2022-25 Pursuant to Hawai‘i Revised Statutes §92-4, §92-5 (a) (2), (4) and (5), the purpose of this Executive Session is for the Commission to consult with its Attorney concerning the Commission’s powers, duties, immunities, privileges, and liabilities as they may relate to a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, in both his individual and professional capacity in Civil No. 22 00286 - LEK-WRP, that was filed by Donald S. Greer, Ph.D. in th e United States Court for the District of Hawai‘i against Chief of Police Todd G. Raybuck. KPC Open Session Minutes Of July 29, 2022, Meeting Page 36 SUBJECT DISCUSSION ACTION ES KPC 2022-26 Pursuant to Hawai‘i Revised Statutes §92-4, §92-5(2) (4), the purpose of this executive session is for the Commission to consult with its Attorney concerning the Commission’s powers, duties, immunities, privileges, and liabilities as it may relate to a letter dated June 15, 2022, from SHOPO Business Agent Roy Asher, Kauai to Chair Gerald Bahouth and Members of the Police Commission regarding comments that were made by commissioners in Chief Raybuck’s Police Commission Evaluation for the period of April 19, 2019, to April 22, 2020. Before Chair Bahouth called for a motion to enter executive session, he called for public testimony on any of the items listed in executive session. There was no testimony. Chair Bahouth called for a motion to enter executive session. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. At 12:13 p.m. the Commissioners entered executive session. Return to open session to ratify the actions taken in executive session At 2:33 p.m., the Commissioners returned to open session. A quorum was ascertained. Chair Bahouth called for a motion to ratify the actions taken in executive session. Commissioner Morita moved. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. KPC 2022-19 Discussion and decision-making on a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, Police Lieutenant Christian Jenkins, Police Sergeant Ginny Pia, and Police Lieutenant Scott Williamson (former/resigned) in both their individual and professional capacities as it relates to Civil No. CV22 00269 LEK WRP that was filed by Wenjiu Liu in the United States Court for the District of Hawai‘i. There was a motion by Commissioner Morita to grant legal representation for Police Chief Todd G. Raybuck, Lieutenant Christian Jenkins, Segreant Ginny Pia, and former/resigned Lieutenant Scott Williamson. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of July 29, 2022, Meeting Page 37 SUBJECT DISCUSSION ACTION KPC 2022-20 Discussion and decision-making on a request for legal representation to be provided by the County Attorney’s Office to Chief of Police Todd G. Raybuck, as it relates to Civil No. 22 00286 - LEK-WRP, filed by Donald S. Greer, Ph.D. in the United States Court fo r the District of Hawai’i against Chief of Police Todd G. Raybuck, in both is individual and professional capacities. There was a motion by Commissioner Morita to grant legal representation for Police Chief Todd G. Raybuck, Lieutenant Christian Jenkins, Segreant Ginny Pia, and former/resigned Lieutenant Scott Williamson. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. Adjournment With no further business to conduct, Chair Bahouth called for a motion to adjourn the meeting. Commissioner Morita moved. Commissioner Bestwick seconded the motion. Hearing no objections, the meeting adjourned at 2:45 p.m. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Gerald Bahouth, Chair (x ) Approved as circulated on October 28, 2022. ( ) Approved as amended. See minutes of ___________ meeting.