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Home My WebLink About2022 7-29 PC Approved Agenda1 (002)aEC.pdf 1 POLICE COMMISSION MONICA BELZ, MEMBER ANDREW BESTWICK, MEMBER ROY MORITA, MEMBER VACANT, MEMBER VACANT, MEMBER GERALD BAHOUTH, CHAIR LEINA`ALA JARDIN, VICE CHAIR Meetings of the Police Commission will be conducted as follows: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • 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 will be accepted for any agenda item herein. o 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 mromo@kauai.gov or mailed to the Police Commission, c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. o Written 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. o Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. o Any late testimony received will be distributed to the to the members after the meeting is concluded. • Oral testimony will be taken at any time during the meeting. o It is recommended that anyone interested in providing oral testimony 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 Per the Police Commission and Chair’s practice, there is a three-minute time limit per testifier per agenda item. o Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. 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 Anela Segreti at (808) 241-4917 or asegreti@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 formats such as large print, Braille, or electronic copy. PAGE 2 POLICE COMMISSION – July 29, 2022 REGULAR MONTHLY POLICE COMMISSION MEETING NOTICE AND AGENDA Friday, July 29, 2022 9:00 a.m. or shortly thereafter 4444 Rice Street, Moikeha Building, Meeting Room 2A/2B Līhu‘e, Hawai‘i 96766 MEETING CALLED TO ORDER ROLL CALL TO ASCERTAIN QUORUM APPROVAL OF AGENDA ANNOUNCEMENTS: • Next Regular Monthly Meeting 9:00 a.m. Friday, August 26, 2022. Executive Session to follow. Subject to change. PUBLIC TESTIMONY ON ANY OF THE ITEMS LISTED ON THE AGENDA Oral testimony will be taken at any time during the meeting EMPLOYEES OF THE MONTH FOR JUNE & JULY • Sergeant Stacey Perreira (June) • Detective Aaron Lester (July) APPROVAL OF MINUTES • Open Session May 27, 2022, Meeting CHIEF’S MONTHLY REPORTS AND PERTINENT UPDATES AND ANNOUCEMENTS • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Bureau Reports • Chief’s Office ⬧ Community Outreach 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 process resulting in a more cohesive evaluation product. (Deferred on May 27, 2022) PAGE 3 POLICE COMMISSION – July 29, 2022 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 overview of progress on the Department’s FY 21/22 Goals through June 30, 2022. KPC 2022-13: Discussion and decision-making on revision to Rule 11 of the Police Commission Administrative Rules of Practice and Procedure. KPC 2022-14: 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. KPC 2022-15: Testimony by Detective Brian Silva regarding morale, standards of conduct, retention, staffing issues, and management on the safety of the community and the well-being of the officers in the Kauai Police Department. KPC 2022-16 Testimony by Chris Calio regarding standards of conduct, retention and separations in the Kauai Police Department. 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 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. 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) 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. PAGE 4 POLICE COMMISSION – July 29, 2022 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. 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 meet ing 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. 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 C ommission and the Kauai Police Department. ES KPC 2021-032: Complaint KPC 2021-013 received on November 4, 2021. The complaint alleges unethical and unprofessional behavior. (Deferred on May 27, 2022) (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. (Deferred on May 27, 2022) ES KPC 2022-13: 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. (Deferred on May 27, 2022) PAGE 5 POLICE COMMISSION – July 29, 2022 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) 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. PAGE 6 POLICE COMMISSION – July 29, 2022 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 the United States Court for the District of Hawai‘i against Chief of Police Todd G. Raybuck. 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. 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 Chief of Police Todd G. Raybuck