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Home My WebLink About2022 8-26 APPROVED PC Agenda.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 – August 26, 2022 REGULAR MONTHLY POLICE COMMISSION MEETING NOTICE AND AGENDA Friday, August 26, 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, September 23, 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 EMPLOYEE OF THE MONTH FOR AUGUST • Patrol Officer Kapena Wilson APPROVAL OF MINUTES • Open Session July 29, 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 July 29, 2022) PAGE 3 POLICE COMMISSION – August 26, 2022 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. (Deferred July 29, 2022) KPC 2021-43: Discussion and decision-making on a climate assessment that was conducted by the Kauai Police Commission on the Kauai Police Department. KPC 2022-21: Public Announcement for Notarized Complaint No. KPC 2022-006. 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 liabilities as they may relate to the following agenda items: ES KPC 2022-1, ES KPC 2022-3, ES KPC 2022-13, ES KPC 2022-17, ES KPC 2022-18, ES KPC 2022-19, ES KPC 2022-20, ES KPC 2022-27, and ES KPC 2022-28. 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 2022-13: Complaint KPC 2022-004, filed May 3, 2022, alleging 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 July 29, 2022) PAGE 4 POLICE COMMISSION – August 26, 2022 ES KPC 2022-17: New Notarized Complaint KPC 2022-003 filed on May 25, 2022, alleging that two(2) on-duty officers in the Kauai Police Department violated Article VI B (4), by choosing personal preferment over public safety. (Deferred July 29, 2022) ES KPC 2022-18 New Notarized Complaint KPC 2022-004 (a) filed on May 31, 2022, alleging that an on-duty officer in the Kauai Police Department abused his police power by falsely arresting the complainant. (Deferred July 29, 2022) ES KPC 2022-19: New notarized Complaint KPC 2022-005 (a) filed on June 6, 2022, alleging 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. (Deferred July 29, 2022) ES KPC 2022-27: New notarized complaint KPC 2022-007 filed on July 29, 2022, alleges that unnamed officer in the Kauai Police Department knowingly put the complainant in a hot car for 20 minutes and later retaliated against the complainant by claiming that the complainant committed a crime. ES KPC 2022-28: New notarized complaint KPC 2022-008 filed on August 1, 2022, alleging police corruption by an on-duty officer and two (2) other on-duty officers in the Kauai Police Department. 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. (Deferred July 29, 2022) 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. (Deferred July 29, 2022) (a) Report from the Permitted Interaction Group on a Consolidated Report on Chief Raybuck’s fiscal year performance evaluation for the period of July 1, 2021 to June 30, 2022. PAGE 5 POLICE COMMISSION – August 26, 2022 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 Open Session Item KPC 2022-14, 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. (Deferred July 29, 2022) ES KPC 2022-29: 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 an update by Chair Gerald Bahouth regarding input by Commissioners related to an investigation. ES KPC 2022-30: ES Minutes 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