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HomeMy WebLinkAbout2022 8-26 PC APPROVED Open Session Minutes.pdf COUNTY OF KAUAI MINUTES OPEN SESSION MEETING Board/Commission Kauai Police Commission Meeting Date August 26, 2022 Location 4444 Rice Street, Moikeha Building, Meeting Room 2A/2B Start of Meeting: 9:00 a.m. 12:50 p.m. Present Chair Gerald Bahouth; Vice Chair Leina`ala Jardin; Commissioners: Monica Belz, Andy 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, Excused Absent SUBJECT DISCUSSION ACTION Call To Order At 9:00 a.m. Chair Bahouth called the Police Commission Monthly Meeting to order. Roll call to ascertain quorum Chair Bahouth sought a roll call to ascertain quorum. A roll call ensued with five (5) Commissioners present to conduct business. Approval of Agenda Chair Bahouth sought a motion to approve the agenda. There was a motion made by Vice Chair Jardin to approve the August 26, 2022, agenda. Commissioner Bestwick seconded the motion. Hearing no objections, the agenda was approved. Announcements Next Regularly Monthly Meeting – 9:00 a.m. Friday, September 23, 2022. Executive Session to follow. Subject to change. KPC Open Session Meeting Minutes Of August 26, 2022 Page 2 SUBJECT DISCUSSION ACTION Public Testimony on any of items listed on the agenda Chair Bahouth opened the floor to public testimony. He stated that oral testimony will be taken at any time during the meeting. He then called on Deputy County Attorney Chris Donahoe to read the protocols on oral testimony. Deputy County Attorney Donahoe read the public decorum on oral testimony. Employee of the Month for August 2022 Officer Kapena Wilson Chair Bahouth sought public testimony, seeing there were no testifiers, he called on Police Chief Todd Raybuck to address the Employee of the Month recognition. Reading the commendation for Officer Wilson was his supervisor Sergeant Darla Abbatiello. Officer Wilson joined the Police Department on November 4, 2004, and in 2014, he joined the vice unit then in 2018 transferred back to patrol services bureau where he is assigned to the Waimea district. In his other duties Officer Wilson has been a training officer for nearly 10 years. Sgt. Abbatiello stated that since becoming Officer Wilson’s supervisor in 2021, she had the privilege and the honor of working side-by-side with him where she observed his energy, time, and commitment he puts into his investigations. Impressive is his trust and confidence he has with the community. Officer Wilson is assigned to beat 2-echo 1 which covers Lawai to Hanapēpē. Because of his good rapport with the staff at the ‘Ele‘ele Elementary School, he was able to secure a place for officer to write their reports. Needless to say, he takes pride in his beat by assuring his victims that he will conduct a thoroughly investigation. His trust with members of the public allows him to obtain the necessary information to locate wanted individuals to bring closure to case to avoid a delay in prosecution. KPC Open Session Meeting Minutes Of August 26, 2022 Page 3 SUBJECT DISCUSSION ACTION Besides his daily commitments, Officer Wilson takes full responsibility for his health and wellness which she feels is commendable and an important behavior necessary to promote a positive reflection for the Kauai Police Department. Comments by the Commissioners Commissioner Bestwick asked Officer Wilson what drove him into wanting to become a law enforcement officer to which Officer Wilson replied that one of the main reasons he wanted to work in law enforcement is because he has a brother who is former law enforcement officer who worked in NARCO, and the other reason having to deal with unruly neighbors in his neighborhood. Commissioner Belz thanked Officer Wilson for keeping the community neighborhoods safe, as a mother and for many who are parents, they all can go to bed safely knowing that officers like him are keeping them safe. Vice Chair Jardin expressed her appreciation for Officer Wilson. She stated that being selected as the Officer of the Month is well deserved and that his relationship with the community speaks volumes. She shared that when her girls were little whenever they saw something wrong was happening, they would tell her to call Uncle Kapena. Having that kind of effect on her girls and the whole community is very special and commendable. Commissioner Morita congratulated Officer Wilson. He stated that he can attest that he has a great relationship with the community because he got to witness first-hand Officer Wilson taking the time to make sure that a family who was sitting out in the hot sun was comfortable. KPC Open Session Meeting Minutes Of August 26, 2022 Page 4 SUBJECT DISCUSSION ACTION Chair Bahouth thanked Officer Wilson for his outstanding community service. He stated that the accolades that he has heard about him is a true reflection of what a police officer is. He stated that without question Officer Wilson is a role model for the new recruits, his fellow officers, the community and most importantly his family being that his children are following in his footsteps. Deputy County Attorney Chris Donahoe shared that as a former deputy prosecutor and public defender he worked on a lot of cases and was shocked to see the number of cases that involved Officer Wilson. He stated that Officer Wilson was always available to be a witness, to testify, answer his numerous phone calls, and he always provided detailed police reports, which as a prosecutor was a good thing but as a public defender those detailed reports was challenging for him. He stated that Officer Wilson deserves the honor of being selected as the Employee of the Month for August 2022 because for the years that he has known him he has demonstrated excellence in his overall performance as a law enforcement officer. Police Chief Raybuck thanked Sergeant Abbatiello for recognizing Officer Wilson. He stated that as Sergeant Abbatiello has mentioned being able to identify heroic moments are easy but to see the consistency and recognize how significant it is and how it influence not just his co-workers, but the community is so important. He shared that he had the opportunity to interact with Officer Wilson on many occasions and even did a ride-a-long with him and everything that Sergeant Abbatiello and Commissioner Morita described about his level of comfortableness not just in the performance of his job but in his daily interactions with the people in the community was on point. Police Chief Raybuck commended Officer Wilson and presented him with a certificate of exemplary and outstanding service in keeping the community safe. KPC Open Session Meeting Minutes Of August 26, 2022 Page 5 SUBJECT DISCUSSION ACTION Officer Wilson took the opportunity to thank the Commissioners, Poli ce Chief Raybuck and Sergeant Abbatiello for recognizing him as the Kauai Police Department Officer of the month for August 2022. Approval of Minutes of the July 29, 2022, Open Session Meeting Being that the minutes was not available, no motion was sought to approve or amend the July 29, 2022, open session meeting minutes. The item was deferred. Chief’s Monthly Reports & Pertinent Updates & Announcements • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Services Bureau • Chief’s Office ▪ Community Outreach Chair Bahouth called for public testimony. Seeing that there were no testifiers coming forward, he turned the floor over to Police Chief Raybuck to address his Monthly Reports. Police Chief Raybuck asked the Commissioners if they had any questions related to the data reflected in his Monthly Reports to the Police Commission. In response to Commissioner Morita questioning on recruitment, Police Chief Raybuck replied that one of the things that makes it difficult in law enforcement is not just process to be able to have someone suitable for hiring but the length of time it takes from the date of hire to actual being able to perform the job on their own. By holding off on those two potential recruits it will take the Department as least 6 months to form another police academy and another 4 to 6 months that they are not eligible to work in a solo beat which delays the Department’s ability to fill in the gaps. Although KPC Open Session Meeting Minutes Of August 26, 2022 Page 6 SUBJECT DISCUSSION ACTION he would like nothing more than to have 5 to ten recruits in each recruit class (KPD is constantly battling attrition) as the hole continues to grow, he would rather fill the gap with the two recruits than to have the gap grow even larger. In response to Commissioner Morita’s second question on the cost for each new recruit, Police Chief Raybuck replied that costs are always a concern, as the standard cost to recruit, hire equip, and fully train a police officer from the time they submit their initial application to the time they can function independently as far the costs he doesn’t exactly, and he does not want to estimate because he would hate to be way off the mark. In response to Chair Bahouth questioning on what the training cadre is doing if they are training the new recruits to which Police Chief Raybuck replied that the training cadre conduct other trainings like the annual refresher training, firearms qualification training and organize other types of training at no cost because they assigned fulltime to do those trainings. In response to Commissioner Bestwick questioning on havin g one qualified individual and not hold off for a larger recruit class to which Police Chief Raybuck replied that a decision was made by staff to press forward because having one police officer on the force takes almost 12 months from the date of hire to going solo. At this juncture, Administrative & Technical Bureau Captain Mark Ozaki Acting Assistant Chief clarified that although the AT&T reflects 2 qualified individuals the bureau is not done and are looking for more potential recruits , in fact, they have 7 individuals who are currently undergoing their psychological background checks which is the final phase of hiring process. He noted that both Chief Raybuck and staff have on-going discussions on the type of strategies they can use as well as the pros and cons of bringing in a new recruit class and training. By being flexible they are able to KPC Open Session Meeting Minutes Of August 26, 2022 Page 7 SUBJECT DISCUSSION ACTION modify and adapt which helps to move forward the training process forward; its not just about training one or two recruits there is a lot of discussions behin d of it. Police Chief Raybuck shared that he went to the Board of Ethics to request for an legal opinion on whether there is a conflict or not to have outside employment and if the BOE’s opinion comes back unfavorable per SHOPO’s grievance process the matter will be brought to the Police Commission. He explained that the request was based on a request from 3 police officers to do outside employment as security officers – based upon his review of the Hawai‘i Revised Statutes on Administrative Rules he went to the Board of Ethics for an opinion on whether or not he can approve their request for outside employment. In response to Chair Bahouth questioning on the process of the issue being brought to the Police Commission, Police Chief Raybuck replied that according to SHOPO’s grievance process on outside employment all 4 counties have their own processes in place other than Kauai County he doesn’t have information with him on how the other counties handles the grievance in terms of who the grievance would go to. In response to Commissioner Bestwick’s questioning, Police Chief Raybuck explained the differences between off-duty versus outside employment. Off-duty means an officer is hired in their compacity as a police officer. The 3 officers he referred to was applying for outside employment which means as a private individual they would be employed as a security officer. In the past, police officers have work outside as security officers, but he doesn’t know the timeline on that is; currently they do not have anyone working as security guards which is the reason why he wanted the Board of Ethics to opine on the matter to make sure that everything is appl icable. KPC Open Session Meeting Minutes Of August 26, 2022 Page 8 SUBJECT DISCUSSION ACTION Community Outreach ▪ Coffee with a Cop event was held at the Waimea Plantation Cottages but due the Visitor’s Charity Walk and a Waimea town event happening on the same day the attendance wasn’t as large as they hope it would be. Police Chief Raybuck thanked Captain/Acting Assistant Police Chief Mark Ozaki and his team for organizing the event. ▪ The Cop on Top event began yesterday morning (August 25, 2022) at 5 a.m. and will end on Sunday, August 27, 2022. Police Chief Raybuck encouraged everyone to stop by and make a monetary donate to help raise funds and awareness for Special Olympics. He shared that like the many officers before them volunteer, off-duty Officers Johnathan Anderson and Delhart Numazu will spend 3 days on the roof top of Walmart to raise money for Special Olympics. 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) Administrator Ching called for public testimony. Seeing there were no testifiers coming forward, she requested for a deferral on the item. Chair Bahouth acknowledged her request and sought a motion to defer item KPC 2022-2. There was a motion made by Commissioner Morita to defer item KPC 2022-2. Commissioner Bestwick seconded the motion. Hearing no objections, item KPC 2022-2 was deferred. 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. Administrator Ching called for public testimony. Seeing there were no testifiers coming forward, she called on SHOPO business agent Roy Asher to address the Police Commission. KPC Open Session Meeting Minutes Of August 26, 2022 Page 9 SUBJECT DISCUSSION ACTION Mr. Asher briefly stated that he doesn’t have any specific testimony and is here to answer any questions and to provide clarifications regarding his letter. Chair Bahouth asked the Commissioners if they had any questions for Mr. Asher. Seeing none, he called on Mr. Asher to address the Commission. Mr. Asher invited the Commissioners to contact SHOPO if they had any questions in regard to the collective bargaining agreement or anything that is occurring with their members. He noted that SHOPO will be attending all the Police Commission monthly meetings going forward and would provide the Commission with the grievances if the Commission wants to see it. Chair Bahouth sought a motion to receive the letter dated June 15, 2022, from SHOPO Business Agent Roy Asher for the record. There was a motion made by Vice Chair Jardin to receive the letter for the record. Commissioner Morita seconded the motion. Hearing no objections, the motion carried 5:0. KPC 2021-43 Discussion and decision-making on a climate assessment that was conducted by the Kauai Police Commission on the Kauai Police Department. Administrator Ching provided a timeline of when the climate assessment went out to the Department and explained what the data represent in the individual sheets that was provided to the Commissioners. She highlighted that the goal of the Police Commission that adopted and made the decision to conduct the climate assessment was to get a 33% return, the survey that is bef ore the Commission represents 32% responses received. For the edification of new Commissioners, Chair Bahouth explained that the climate assessment the Police Commission used to conduct the assessment came from CHP (California Highway Patrol) with their approval. He stated that the climate of an organization is often assessed using a survey with questions targeted at observable practices, and procedures that employees and managers experience in the workplace. As for making comments, to the extent possible the recommendation from PIG which was agreed by the Commission was not to ask for comments but rather as an example if they strongly agree, agree, disagree, or strongly disagree. KPC Open Session Meeting Minutes Of August 26, 2022 Page 10 SUBJECT DISCUSSION ACTION At this juncture, Chair Bahouth called on Police Chief Raybuck for comment. Commissioner Morita asked Chair Bahouth of he could call for testimony before continuing on to which Chair Bahouth replied sure. Administrator Ching called for public testimony on the item. Seeing none, Chair Bahouth called on Police Chief Raybuck. Police Chief Raybuck thanked the Office of Boards and Commissions for putting out the survey and the Commissioners for identifying a way to conduct an internal climate assessment. In reviewing the results, Police Chief Raybuck stated that although he ha s questions in response to the climate survey there were a lot of positivity in the results. He liked that the survey did not compare bureau to bureau because each bureau is a stand-alone entity and have a lot of different variables to indicate what is happening in a bureau. Regarding his question, he would like to know CHP’s response to their survey in that once they received the results what steps did, they take. Chief Raybuck stated that his immediate take away was seeing the across-the-board communication results regarding KPD’s long-range goals which were pretty consistent. He pointed out that although the survey was a snapshot in time it’s an important tool for him and his staff to look at what was going on before the survey and take the results of the survey to see what area (s) needs to be improved on and later on the Commission could conduct another survey to see if improvements were made. Another take-way was seeing that the lieutenants had high across-the-board marks when comes to caring for their subordinates. Lieutenants are the link between the first line supervisors and the mid-level staff so to see such positive responses shows him that they are engaged and connected with the mid-level employees. KPC Open Session Meeting Minutes Of August 26, 2022 Page 11 SUBJECT DISCUSSION ACTION Police Chief Raybuck also wanted to know if the Commission could find out how CHP interprets and analyze their survey results then he can have an idea as to the next steps he should take. Chair Bahouth stated that they will reach out to CHP to inquire about what their best practices are and get information on who the appropriate person is they should talk to. He noted that in the hotel industry they have a plan in place and would more than happy to share the plan with him. Commissioner Morita stated that Commissioner Mince and him worked on getting CHP’s survey to the Police Commission so he would best the person to ask. Chair Bahouth asked if it would okay to invite Mr. Mince to a meeting. Administrator Ching stated that she would look at her emails she received from Mr. Mince to see who the contacts were and will make the connection. Commissioner Bestwick strongly suggested that the Police Commission continue to conduct surveys on KPD because it’s a baseline. He suggested that Chief Raybuck sets some goals as to understanding the data and how to apply it and goals to engage with lieutenants and others to understand the data and understand how to encourage the 32% to increase. Chief Raybuck stated that he will utilize the data to move the Kauai Police Department forward. Relative to question number 4 on whether the person has the information helps him identify where the gaps in communication are and what level the gaps are at. Is the same information filtering down to staff, is it an internal issue or and external issue and are there areas where the communications are better to replicate. Commissioner Bestwick agreed. KPC Open Session Meeting Minutes Of August 26, 2022 Page 12 SUBJECT DISCUSSION ACTION Chair Bahouth pointed out that the process was a tedious one for staff so if there is another process to follow, he would support it because like Commissioner Bestwick the Police Commission should do another survey, his only suggestion is he would like to add a clarifying definition on what the que stion is. Commissioner Morita stated that what would help to address the issues is to allow comments to say why it works or why it doesn’t work. Vice Chair Jardin stated that the issue about allowing comments if she recalls was a back-and-forth conversation, and if possible, perhaps Deputy County Attorney Donahoe or Boards and Commissions Administrator Ching could remind the Commission on what the thinking behind was for not allowing comments were. Administrator Ching stated that it’s the Police Commission decision to conduct another survey or not. She will say that the first survey took a lot of time, work, and lessons learned. Deploying the survey was an issue because they didn’t deploy it correctly the first time and it caused confusion, so they had to redeploy the survey a second time which was correctly. After all was said was done the Commission now has a template which will make things run much smoother the next go around. Ms. Ching pointed out that her office did everything to the t and the matter about whether or not to allow comments was based on a recommendation by the county attorney not to allow comments for good reasons, the PIG took the recommendation to leave out the comments section and presented to the Commission which was later adopted by the Commission at a subsequent meeting. Deputy County Attorney Donahoe explained that the bases of conducting a climate assessment was it to be an anonymous baseline temperature check on the Kauai Police Department and to allow comments may have led to specificity and take of the anonymity out of the survey. But the major reason for not allowing comments was KPC Open Session Meeting Minutes Of August 26, 2022 Page 13 SUBJECT DISCUSSION ACTION that because the Police Commission was granted permission from the California Highway Patrol to use the survey, according to his conversations with Mr. Mince a question was raised about how the questions were formulated, the was formulated in a very specific way in accordance with professional standards and the way professional psychologists would normally ask questions. He pointed out that although the Kauai Police Commission was granted permission to use the CHP’s climate assessment survey the Commission did not have permission to modify the survey. So as a suggestion should the Commission decide to conduct another survey it should get permission from CHP asking if the Kauai Police Commission could modify their survey or the Commission could create its own survey. The difficulty with that is it may not be done in an effective way based on the professionals who normally conduct climate assessment surveys. If he recalls, the Commission talked about using the Gall-up survey which is the same survey Wilcox Hospital uses. There is nothing to stop the Commission from looking at other surveys, but once a survey is found the next step is to ask permission from the owners to use the survey which would be done by him and Ms. Ching. Administrator Ching stated that the CHP survey allowed comments but the thinking behind that was by enabling comments how the Commission would deal with the negative comments it would have to hire an investigator to investigate those comments which would take time and a lot of resources. Another issue had to with deploying the survey, she explained that because the survey was a copyright and property of the state of California, the Police Commission couldn’t deploy the survey until it had the proper authorization to do so. Also, some of the definitions in survey needed clarification like the term “command” which refers to a person’s assignment as a district commander, patrol services captain, or an administrative and technical bureau chief. KPC Open Session Meeting Minutes Of August 26, 2022 Page 14 SUBJECT DISCUSSION ACTION Police Chief Raybuck stated that if he recalls correctly when he first reviewed the CHP survey there wasn’t a place other than a general comment box at the end of the survey for the general survey. The survey that was distributed by CHP to the command staff did allow for open comment based on specific items. When the Police Commission’s survey was distributed to the general populous of the general organization there were no open-ended questions and no comment boxes. The open- ended questions were only for the command staff. Chair Bahouth stated that relative to Mr. Donahoe’s comments earlier the Commission wanted anonymity for both surveys because the Commission did not want it to turn to a he said, she said shooting match. The Commission wanted a clear overall basis for leadership to identify the strengths and potential developmental areas. Commissioner Bestwick stated that starting a culture of surveys from the beginning is good for the employees so they can get use to it and engage in it and understand the value of a survey and the process; nothing specific. Budget wise, the Commission should into that as well if it wants to conduct another survey. Chair Bahouth stated that knowing what the best practices are when dealing with the results of the survey will take the Commission into another direction. Administrator Ching stated that on July 23, 2020, the Police Commission voted to conduct a Climate Assessment. The CHP granted permission to Deputy County Attorney Donahoe to allow the Police Commission is use their Climate Assessment tool. On January 28, 2021, a permitted interaction group was formed to provide recommendations on the Climate Assessment and its implementation. On June 25, 2021, the Commission voted to adopt the PIG’s recommendations. KPC Open Session Meeting Minutes Of August 26, 2022 Page 15 SUBJECT DISCUSSION ACTION Commissioner Morita questioned whether a new permitted interaction group was formed to explore different options. Chair Bahouth replied he doesn’t recall the Commission forming a new permitted interaction group to make recommendations on a new climate assessment. Administrator Ching stated that to her knowledge a permitted interaction group was formed to make recommendations on the process, procedures, and tools to enhance the chief of police evaluation process resulting in a more cohesive evaluation product but doesn’t recall a new permitted interaction group being form for new climate assessment, but they will check on it. Vice Chair Jardin voiced her concern on whether the Commission should have allowed comment box like the California Highway Patrol’ s survey because for the Commission to go back to CHP to ask them what process they used to analyze their results they could come back and say why didn’t your Commission comments because it could have been used to help Chief Raybuck and his staff. She not ed that in the future the Commission should allow comments to be made even if there are negative, then the Commission could ask CHP how they handled their negative comments. Administrator Ching clarified that the general population survey was a 1 to 5 rating survey with no comments which mirrored the CHP’s survey. Deputy County Attorney Donahoe added the command staff survey had open-ended questions that required a written response. He also stated that the survey was a recommendation by former Police Commissioner Kevin Mince because he used to work with the California Highway Patrol Police Department and he knew people, and the Police Commission then voted to use their survey with the permission of CHP. In his conversations with Commissioner Mince, they both agreed that the CHP’s survey questions were written would provide viable data on what the Police Commission were looking for. He reiterated that the Police Commission could explore other surveys in the future that will allow comments. KPC Open Session Meeting Minutes Of August 26, 2022 Page 16 SUBJECT DISCUSSION ACTION Commissioner Belz stated that it seemed that the Police Commission dedicated a lot time and resources on getting permission to use the CHP’s survey, so it would make sense to utilize the survey as the experts meant for it to be larger utilized and continue to use the CHP survey since there’s a process already established to move forward. Administrator Ching shared that some of the county department have a significant budget to hire consultants whether it is to do a strategic plan or conduct an operational assessment all of which goes hand-in-hand with the Gallup Survey and problematic assessment. She added that the survey is an excellent tool that would help the chief to decide how he wants to move forward with the data. Commissioner Morita stated that being that the Commission did not form a climate assessment permitted interaction group he would like to ask the Chair to put on the next agenda to form permitted interaction group to explore other options and report their findings back to the Commission. Chair Bahouth asked for clarification on the survey that went out to the command st aff there were no responses to which Ms. Omo replied the command staff survey that was sent out had questions requiring a written response, but no responses were received. Investigative Services Bureau Assistant Chief Bryson Ponce stated that initially h e received two surveys one of the surveys was vague and the other survey was specific and allowed comments but when he open the survey, he wasn’t sure what he needed to fill out. He stated that personally he doesn’t need to make any comments to Chief Raybuck because they talk, and he can tell him face-to-face that he is not interested in that. The survey that was specific in forty-five minutes disappeared from his inbox; he brought it up because it created confusion for the other commanders as well. It was his understanding that only sergeants and above received the detailed survey that allowed comments, but it may have been in error that it was sent to the sergeants but KPC Open Session Meeting Minutes Of August 26, 2022 Page 17 SUBJECT DISCUSSION ACTION when the survey was recalled it also recalled it from the command staff. Which is probable the reason why there were no responses from the command staff. Chair Bahouth thanked Assistant Ponce for the clarification. In response, Administrator Ching stated that was the error in the initial deployment that was made, and A/C Ponce was correct in what he said. She explained that when it happened staff immediately tried to recall the surveys that went out to the sergeants not knowing that it pulled all of the surveys nonetheless, they redeployed the survey out a second time to the correct command staff, but obviously it affected the response rate because of the error on how they initially deployed the survey. To Administrator Ching’s point, Commissioner Belz stated that it just to shows how valuable it is for the Commission to consider bringing in a consultant to comprehensively apply processes and to establish processes rather than burden the administration. Commissioner Bestwick stated that you have to allow for some patience in building a culture of doing surveys. Chair Bahouth asked how many command staff surveys were sent out the second time to which Administrator Ching replied that the number was twelve and as for deploying the survey again, staff would have to consult with the IT Department. Her recommendation would be to deploy the surveys both at the same time and she suspects the second time around would be much smoother. Commissioner Morita agreed with Administrator Ching. He stated that being that it was the Commission’s and staff first try we failed in some areas and did well in others, KPC Open Session Meeting Minutes Of August 26, 2022 Page 18 SUBJECT DISCUSSION ACTION and by creating a new permitted interaction group to clear things up and then redeploy the survey would be the best way to go. With no further comments, Chair Bahouth sought a motion to receive the Climate Assessment Report for the record. There was a motion made by Commissioner Morita to receive the Climate Assessment Report for the record. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC 2022-21 Public Announcement for Notarized Complaint No. KPC 2022-006. Administrator Ching called for public testimony, seeing no testifiers coming forward, she read public announcement into the record. The Police Commission has completed its review of a complaint filed against an Officer in the Kauai Police Department alleging that the complainant was being stalked continuously, harassed, and was subjected to intimidation tactics to defame the complainant’s character. After reviewing the information gathered, the Police Commission deemed the complaint unfounded and notified the Office of the Chief of Police of its finding. This officially concluded the Commission’s review of Notarized Complaint KPC 2022-006. There was a motion made by Commissioner Bestwick to receive item KPC 2022-21 for the record. Vice Chair Jardin seconded the motion. Hearing no objections, the motion carried 5:0. 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 ma y 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. At 10:31 a.m. Deputy County Attorney Chris Donahoe cited the Hawai‘i Revised Statutes to enter Executive Session. KPC Open Session Meeting Minutes Of August 26, 2022 Page 19 SUBJECT DISCUSSION ACTION 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) 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 h is property and vehicle and hasn’t returned any of property back to him. (Deferred July 29, 2022) KPC Open Session Meeting Minutes Of August 26, 2022 Page 20 SUBJECT DISCUSSION ACTION 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 co mplainant 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. 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 KPC Open Session Meeting Minutes Of August 26, 2022 Page 21 SUBJECT DISCUSSION ACTION 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 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 July 29, 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. Chair Bahouth sought a motion to enter Executive Session. There was a motion by Commissioner Belz to enter Executive Session. Vice Chair Jardin seconded the motion. Following a unanimous vote, the Commission recessed, and all non- essential parties left the meeting room at 10:37 a.m. Return to Open Session to Ratify the actions taken in executive session At 12:50 p.m. the Commissioners reconvened in open session. Chair Bahouth sought a motion to ratify the actions taken in executive session. There was a motion by Commissioner Belz to ratify the actions taken in executive session. Commissioner Morita seconded the motion. Hearing no objections, the motion carried 5:0. Adjournment With no further business to conduct, Chair Bahouth sought a motion to adjourn the meeting. There was a motion by Commissioner Belz to adjourn the meeting. Commissioner Bestwick seconded the motion. Hearing no objections, the meeting adjourned at 12:50 p.m. KPC Open Session Meeting Minutes Of August 26, 2022 Page 22 Submitted by: Mercedes Omo, Staff Support Clerk Approved by: Gerald Bahouth, Chair Kauai Police Commission (x ) Approved as circulated on October 28, 2022. ( ) Approved as amended. See minutes of ___________ meeting.