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HomeMy WebLinkAbout2022 10-28 PC Approved Open Session Minutes.pdf COUNTY OF KAUAI MINUTES OPEN SESSION MEETING Board/Commission Kauai Police Commission Meeting Date October 28, 2022 Location Moikeha Building, Meeting Room 2A/2B Start of Meeting: 9:01 a.m. 1:28 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; Police Department: Chief of Police Todd Raybuck, other members of the Kauai Police Department, and Members of SHOPO. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Bahouth called the meeting to order at 9:01 a.m. Roll Call to ascertain quorum A roll call ensued, and a quorum of five(5) Commissioners was ascertained. Approval of Agenda Chair Bahouth sought a motion to approve the agenda. In response to Commissioner Morita’s questioning, Chair Bahouth referred the question to Boards and Commissions Administrator Ellen Ching to respond. Ms. Ching explained that due to a lengthy agenda a decision was made to take the item off the agenda in the interest of addressing the most pressing matters that need attention and that the climate assessment discussion would be placed on the Commission’s next agenda. Commissioner Morita requested that at the next Commission meeting he would like to have a discussion on conducting an audit of the Kauai Police Department and to invite Managing Director Michael Dahilig to the meeting. KPC Open Session Meeting Minutes Of October 28, 2022 Page 2 SUBJECT DISCUSSION ACTION Chair Bahouth acknowledged Commissioner Morita’s request, and asked staff to place the item on next month’s agenda. Vice Chair Jardin asked if the audit should include public safety to which Chair Bahouth replied that it would appropriate. Commissioner Morita explained that the reason he wants to invite Managing Director Michael Dahilig to the next meeting so that he can let the Commission know whether or not it can conduct an audit on the Police Department. With no further discussion, Chair Bahouth call for a motion to approve the Police Commission’s October 28, 2022, agenda. Commissioner Morita moved. Commissioner Bestwick seconded the motion, the motion carried 5:0. Announcements Next Regular Monthly Meeting 9:00 a.m. Friday, November 18, 2022. Executive Session to follow. Subject to change. Oral Testimony Administrator Ching called for public testimony on any of the agenda items. There were no testifiers at this juncture. Executive Session Chair Bahouth called on Deputy County Chris Donahoe read the public testimony decorum and then cite the Hawai‘i Revised Statutes to take the meeting to executive session. ES KPC 2022-36: Pursuant to Hawai‘i Revised Statutes §92-4 §92-5, the purpose of this executive session is for the Commission to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to the presentation on the results of SHOPO’s survey of the Kauai Police Department. Chair Bahouth sought a motion to enter executive session. Commissioner Morita moved. Commissioner Bestwick seconded. The motion carried 5:0 At 9:08 a.m. the Commissioners went into Executive Session. KPC Open Session Meeting Minutes Of October 28, 2022 Page 3 SUBJECT DISCUSSION ACTION Return to Open Session At 9:25 a.m. the Commissioners reconvened in Open Session. SHOPO’s presentation regarding the results of the SHOPO survey of the Kauai Police Department *Copy of SHOPO’s survey is attached to the meeting minutes. Prior to the presentation, Boards and Commission Administrator Ching called for public testimony. There was no public testimony. Consultant Dustin DeRollo conducted his PowerPoint present via Zoom: https://us06web.zoom.us/j/81105856161?pwd=NWFVbVpDMEJyczRKZ2lNdVlaQ1g0dz09 Meeting ID: 811 0585 6161 Passcode: 197134 After Mr. DeRollo’s presentation concluded, Administrator Ching called for public testimony. Testifiers: SHOPO Kauai District Chapter Chair, Lieutenant Kennison Nagahisa, thanked the Commission for giving him the opportunity to present the results of SHOPO’s survey. He said this was the first that he could remember members of the rank and file felt that they have voice which why he believes there was a high participation rate. As noted in the PowerPoint presentation communication was a top concern throughout the Department and that the intent of the survey was to get an accurate account of how SHOPO members felt and to prompt the discussion on change to get results where it was needed. SHOPO’s commitment has been and always was to work in good faith to improve the morale and conditions at the Kauai Police Department. About a month ago, SHOPO held a couple of meetings with Police Chief Raybuck and Executive Business Manager Dave Carmichael to settle two (2) grievances and to talk about the Department’s gym facility, officers’ families and to start a discussion on filing in the vacancies in the public safety section. KPC Open Session Meeting Minutes Of October 28, 2022 Page 4 SUBJECT DISCUSSION ACTION They also had a discussion on transfer polices as well as pending grievances. Both he and Officer Bobby Thompson were invited to attend an executive staff meeting where they got to participate in discussion on issues that brought up in the SHOPO’s survey. Everyone at the meeting agreed that communication needed improvement and there still needs to be an action plan in place to move forward. Overall, both sides of the playing field is doing a good job in getting the low hanging fruit that now both sides are addressing a main topic that requires trust and compromise. SHOPO believes strongly that it is up to the Police Commission to address morale, accountability, and oversight of the police chief as their top priority and do it in a consistent and transparent way otherwise, they will lose the opportunity to improve the Department. Things that remain status quo he can almost guarantee that they will be dealing with a larger retention in the near future that needs to be avoided. Question from Commissioner Bestwick for Mr. De Rollo In response to Commissioner Bestwick’s questioning, Mr. DeRollo responded that the survey was done via email to all SHOPO members, and the numbers were verified by the way of background. His agency conducted five surveys this year with different police departments that included public safety departments. The most recent survey was done on the island of Maui. He has also done work in the San Francisco Bay Area, Los Angeles, and San Jose. He has a background in public policy – police, fire, emergency medical both local and at the county level. As for the survey response rate – the appetite from the members to take the survey was high. One of the things they had to do in order to take the survey was to register their email. Initially only 20% of SHOPO members signed up to take the survey but it grew to 100%. KPC Open Session Meeting Minutes Of October 28, 2022 Page 5 SUBJECT DISCUSSION ACTION As for the number of times they had to send out the survey they sent the survey out twice and possibility a third time, but he needs to verify that. Typically, they would give people a two- week window before they finalize the results. In many cases, they had to extend the window because people didn’t pay attention, or they didn’t get an around to it. With regard to the SHOPO’s survey they didn’t have to extend the window because the responses came in fast and at the end of the first week 60% was done. SHOPO Vice Chair, Officer Bobby Thompson, thanked the Commissioners for giving him opportunity to present the results of the survey. He stated that he does not want the Police Commission to take his next statement as him being disrespectful because it’s not meant to be disrespectful. He expressed how disappointed he was that the Commissioners were not able to attend SHOPO’s individual meetings, but he understands that there are rules and regulations that they need to be follow; however, he was under the impression that those same rules and regulations adhered to council but yet the councilmembers attended the meetings. As stated by Mr. DeRollo earlier that 80% of SHOPO’s membership took the survey - he’s never seen results like that before which tells him that the people in the Police Department care including SHOPO members – they care about the Department, the island, their families including the Commission’s families. The results came from people sitting in the room. They all come to work and give 150% to the Department, the island, law enforcement and to the Commissioners families and their families. The hand is out there, and they are looking for a reach back. The Commission has a part, the Chief has his part therefore they will be working with Chief Raybuck and his command staff to get things done. KPC Open Session Meeting Minutes Of October 28, 2022 Page 6 SUBJECT DISCUSSION ACTION SHOPO has goals that they need to achieve and although they have done quick fixes there are things that need to be fixed in the long run but it not going to be easy. Understandably there are certain things that Chief Raybuck have no control over, but with the help of the Commission and council there are other things that can be achieved to bring the Department back to where it belongs. He has many more years with the Department, but there are things that that needs to be fixed and any help the Commission and Council can give will be greatly appreciated. Working together and with Chief Raybuck we can do it, but we need to work together. We may not always agree but that’s just the facts of life. We need to get the facts out on the table and hard things needs to be said and needs to be addressed. He ended by saying he appreciates the Commission for their willingness to help, and if the Commissioners have any questions or concerns, they can reach out him or Chair Kennison. They are willing to talk as they’ve done with Chief Raybuck – just reach out. Thank you, any questions? Commissioner Morita’s inquiry Commissioner Morita asked for clarification on what the difference is between council’s rules and regulations and why the Commissioners could not meet with SHOPO when some of councilmembers did. In response to Commissioner Morita’s questioning, Deputy County Attorney Donahoe explained that according to the Sunshine Law section 92-2.5 Permitted Interactions subsection ( e) it is outside of the Commission’s purview for SHOPO to meet individually with members of a board or commission. He cited subsection ( e) that states “Two or members of a board, but less than the number of members which would constitute a quorum for the board, may attend an informational meeting or presentation on matters relating to official board business, including a meeting of another entity, legislative hearing, convention, seminar, or community meeting; provided that the meeting or presentation is not specifically and exclusively organized for or directed toward members of the board.” KPC Open Session Meeting Minutes Of October 28, 2022 Page 7 SUBJECT DISCUSSION ACTION Deputy County Attorney Donahoe then pointed out that there were issues that were brought up in SHOPO’s survey that was directly related to the Police Commission, and under Police Commission Rule 2 (2-10) Code of Conduct (a), “The Police Commission is charged with the responsibility and acts as a collective body. Individual Commissioners have no authority unless delegated by the Commission. Under ( e), the Police Commission and individual members of the Commission shall collectively embody the spirit and principles of the Sunshine Law and shall avoid any appearance of secretiveness and shall publicize meetings and agendas so that the public and media are properly informed of any impending issues. Deputy County Attorney Donahoe explained that because SHOPO’s survey directly referenced the Police Commission it is under his advisement that the Police Commission should give the public the opportunity to be present during SHOPO’s presentation along with the Police Commission. In response, Officer Thompson said that he is not questioning the Sunshine Law, what concerns him is that the Commission cannot ask any questions, but like he said earlier he understands that the Police Commission has restrictions. Chair Bahouth thanked Officer Thompson for his testimony and called for more testimony. SHOPO Secretary/Executive Member of the State, Lieutenant Chris Calio thanked the Commissioners for giving him the opportunity to present the survey so they can see what they were talking about for the last three (3) years. Trying to reach out to the Commission so that the Commission can see how SHOPO can better help Chief Raybuck do a better job to move the Department where it needs to go. Mr. Calio stated that the survey basically says that the decision the Police Commission made to hire Chief Raybuck was probably not the best decision. It’s unfortunate that he had to say that, but it’s the truth, but the Commission has the authority to hire Chief Raybuck. KPC Open Session Meeting Minutes Of October 28, 2022 Page 8 SUBJECT DISCUSSION ACTION Mr. Calio stated that SHOPO tried to help Chief Raybuck in the beginning – they tried to talk to him to make him see what they needed to do in order to go in the direction they wanted to go, but it’s his department not SHOPO’s Department. That’s how it felt . It took the survey to bring Chief Raybuck to the table where he could sit down with (not him because Chief Raybuck would not sit down with him) SHOPO’s Chapter to start a dialogue on beefing up the relationship and to make the organization go where it needs to go. It took the survey and here we are three years and a half years later. Why did it take so long? It felt like SHOPO was doing the work for the Police Commission. SHOPO members aren’t supposed evaluate their bosses, but the survey made them do that and it put Chief Raybuck in a place where they did not want him to be in. Mr. Calio stated that he doesn’t want to be that person who has to look at the boss and evaluate him. The survey did not bring anything good to the Chief because he now has a lot to work to do. In thirty (30) days he will be retiring. It is the biggest decision he made in his life. He made the decision back in June because he felt like he wasn’t going nowhere in the organization. He had nothing more to offer so he decided to go with another company to offer his expertise and his background. The people sitting behind him he trained every single one of them – he trained almost every single one of them, but now, he is taking his expertise somewhere else because he lost the fricken feeling of being part of the organization – he lost hope. It hurt him because nobody listened, and it took the survey where they can now start to work on some stuff. But it’s too late for him – three short three years too late. He hopes that the Commission really looks at how they can help Chief Raybuck better the organization. It should not stop here, we should not walk away and say okay, there’s the survey now, do your thing. No, all of us have the responsibility, he cannot do it by himself, he was trying too, but the survey showed that no way he can do it by himself. KPC Open Session Meeting Minutes Of October 28, 2022 Page 9 SUBJECT DISCUSSION ACTION This is Kauai – this is Hawai‘i we do it all together. We do it as a family, we listen to one another, we don’t try to block the Commission from seeing what’s happening. This is an ‘Ohana and he knows that the Commission knows what it means. We are supposed to able to sit down, kick off our slippers, come into each other’s homes, sit on the furniture, and talk story about how we are going to get this family straight. In ending, Mr. Calio stated that he hopes everyone can move forward and he hopes when he looks back from overseas, he will see his brothers and sisters in blue smiling in a year or two. He hopes that they don’t do what he’s doing because they all know he had a lot more years to give. Thank you. Police Lieutenant Anthony Morita – he is a man of few words, but he is a man of solid action, and he believes in forgiveness and giving others a chance. We are all family, and we can all agree to disagree but our main goal at the end of the day is to take care of one another so that we can take care of the community. The information he is about to share has not been verified by the Department of Human Resources, but he wants to bring make point regarding facts of the results and why facts matter. He stated that Chief Raybuck recently released information out to the media that said quote, “During the last three years the Kauai Police Department hired 52 officers which is a hiring increase of 159% compared to the previous three-year period/” Lt. Morita stated that having worked in recruitment for a brief period a question was raised. Being that he wasn’t sure if the numbers were accurate, it prompt him to pull some accurate figures that he could find. In a three-year period (2020, 2021 and 2022) there were 52 hired police officers which is 159% compared to the previous three-year period of 2017, 2018 and 2019. KPC Open Session Meeting Minutes Of October 28, 2022 Page 10 SUBJECT DISCUSSION ACTION While trying to figure out what the actual number of hired sworn and non-sworn personnel it didn’t come out to 52 it came out to 42. They was one public safety officer who didn’t make it in the first academy, but he was later hired, so there were 42 hired officers, and not 52 hired officers. Additionally, Lt. Morita stated that he asked SHOPO Chapter if he could verify the numbers because he is not a mathematician and if he was wrong, he needed to be corrected. Nonetheless, he dove even deeper to get the most accurate numbers as to how many officers were hired and how many officers left within that period of time. From 2020 to 2022 (not including 2019 when Chief Raybuck came in April) 42 officers were hired but 34 officers left the Department within that same timeframe for various reasons they either resigned, retired, or was terminated. What’s was concerning for him was that the 34 that left it wasn’t all SHOPO members it was HGEA members. The Department hired ten (10) non-sworn personnel but since had lost twenty-two (22) including one of the Department’s framed secretaries Johnette Chun who moved on for a better opportunity. That hits home hard because out of the 42 officers that were hired only 34 officers are left; do the math - how much is left, 42 hired and 22 left. He is not pointing finger at anyone, but the facts are facts – the fact is we are asking for the Commission’s help, and he hopes they can help. Thank you, and thank you, Chief Raybuck. Chair Bahouth thanked Lt. Morita for his testimony. At 11:09 a.m. Chair Bahouth called for a recess. At 11:20 a.m. the meeting was called back to order. KPC Open Session Meeting Minutes Of October 28, 2022 Page 11 SUBJECT DISCUSSION ACTION Police Chief Raybuck thanked Lt. Morita for doing his due diligence to fact check his numbers. He expressed his willingness to sit down with Lt. Morita to show him the map that he used and data he received from Vivian Akina relative to the timeframe. He noted that a couple of months ago he provided the Police Commission with a graph reflecting the actual numbers of the sworn and non-sworn personnel with that particular timeframe and that is the data he referred to today. Commissioner Bestwick asked Chief Raybuck if after he meets with Lt. Morita if he could provide the Commission with the information to verify that the numbers that he presented were correct and to see if anything was missing to which Chief Raybuck replied sure. Commissioner Morita commented that he found the discussion very meaningful and helpful because any information the Commission receives at the meetings whether it is accurate or not will be taken at face value, at least now, per Commissioner Bestwick’s request the Commission will be able to get verification on whether the information is accurate or not. Therefore, as a suggestion he would like to encourage to have open communication on both sides. Chief Raybuck expressed his appreciate for SHOPO for doing their survey because 83% indicates that the people working in the Department really care about the future of the Kauai Police Department and are willing to work together towards a better future. He added that one of the most difficult things to hear is not meeting the expectations of the people that he cares for and him reading the survey was concerning for him therefore, he will work to try to meet those expectations. He thanked Lt. Nagahisa for pointing out the work that has already been done to make the Police Department and focusing on how to better the communication as to what the realities are and as the Chief of Police, he takes responsibility for the lack of communication and based on Officer Thompson’s and Lt. Nagahisa’s comments earlier both sides have already started working together to improve communication. He knows it’s a long road, but he is committed to working with them in good faith for the betterment of the organization. He will never change that fact that he is outsider, but he will say for certain that he and is family are members of the community and he cares deeply for the Kauai Police Department and is committed to work together to make the Kauai Police Department better. KPC Open Session Meeting Minutes Of October 28, 2022 Page 12 SUBJECT DISCUSSION ACTION At this juncture, Chair Bahouth called for a motion to recess the meeting. Commissioner Belz moved. Commissioner Bestwick seconded the motion, hearing no objections, the motion carried. At 10:06 a.m. the meeting recessed. Approval of Open Session Minutes of July 29, 2022, and the August 26, 2022, Meeting At 10:18 a.m. Chair Bahouth called the meeting back to order. Administrator Ching called for public testimony. There was no testimony. Chair Bahouth sought a motion to amend or approve the open session minutes of July 29, 2022, and the August 26, 2022, meetings. Commissioner Morita moved. Commissioner Bestwick seconded the motion, the motion carried 5:0. Chief’s Monthly Reports Administrator Ching called for public testimony. There was no testimony. • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Bureau Reports • Chief’s Office - Community Outreach Being that there were no questions from the Commissioners on the data reflected in the Chief’s Monthly Reports, Chief Raybuck reported that because he was informed that the meeting would be a lengthy one, he decided to defer the employee of the month to next month’s meeting. Questions by the Commissioners regarding SHOPO’s survey Relative to question #17 of SHOPO’s survey, Commissioner Morita pointed out that 54.05% of the respondents felt that patrol staffing was not adequate to provide a swift 9-1-1 response. As to question #18 51.35% of the respondents answered no they did not experience waiting a significant time for backup to arrive when they requested it. KPC Open Session Meeting Minutes Of October 28, 2022 Page 13 SUBJECT DISCUSSION ACTION Therefore, he wants to know because the patrol officers felt that patrol staffing was inadequate shouldn’t the percentage of the people that answered yes be at a higher percentage. Chief Raybuck replied that as to question #17 because he did not participate in the survey, he wouldn’t know how to fully answer the question. He sees question #17 as how people feel about things not to forget there are many variables and without further questioning it would be very difficult for him to answer the question. With regard question #18 it appears to him that the respondents are saying this is what they see versus how they feel. Therefore, he cannot give him an answer as to why one question had a higher percentage rate than the other. Commissioner Morita asked how many staff are in patrol. Chief Raybuck stated that he can’t come up with a number at the top of his head, but he knows that all of the patrol beats are being staffed. He stated that when he first came to KPD three and half years ago KPD had ten (10) permanent beats. He then called Assistant Chief Elliott Ke to shed light on the staffing numbers. Assistant Chief Ke stated that in patrol there are four (4) vacancies at the officers’ level, two sergeant vacancies and two (2) lieutenant vacancies. He also mentioned that patrol has eleven (11) beats that are permanently staffed across the island. Commissioner Morita asked because of the current vacancies are the days off/vacations being cancelled to which A/C Ke replied yes, days-off have to be cancelled at times due people going on vacation, unexpected sick leave, and IA regardless of the cancel days-off all of the eleven (11) beats have to be filled. Commissioner Bestwick asked does KPD follow-up on community calls and if yes, how is it managed to which Chief Raybuck replied that currently KPD does not have a method to follow-up with the community regarding response times. However, KPD does have the ability via the Spillman System to identify what time a call came in, the time the call was dispatched, the time officers arrived and when the call was concluded. KPC Open Session Meeting Minutes Of October 28, 2022 Page 14 SUBJECT DISCUSSION ACTION Commissioner Bestwick asked if it was possible to obtain the information because it weighs to public safety performance as well as accuracy. Chief Raybuck stated that to his understanding other police departments do look at the data and to his knowledge KPD had a study done not too long ago that looked at response times. Commissioner Bestwick stated that he thinks it would be a good idea to get a baseline to compare and to see the success of the beats but doesn’t know what the administrative cost would be. Chief Raybuck noted that a recommendation was made to council that in order for KPD to reduce the response time and fill the beats it needed to hire more officers so that they could assign two (2) officers to a beat lessening the response time. Commissioner Morita asked with regard to the patrol vacancies is he trying to fill those vacancies to which Chief Raybuck replied yes, they are continuing to work on filling those vacancies. Acting Assistance Chief Mark Ozaki, Administrative & Technical Bureau stated that testing for entry level police service officer are done monthly and at the end of each month HR would provide them with list a of potential candidates and they would schedule written test and physical agility test on the same day. He noted that finding suitable candidates is challenging which includes dispatchers, and public safety workers to name a few. Commissioner Belz asked if KPD offers a type of prep-booklet for potential candidates to study exam before they take the written test to which AAC Ozaki replied that the Kauai Police Department is working with the Council for Native Hawaiian Advancement on developing a curriculum very similar to the Department of Human Resources so when a student completes the 6-week course they can go to HR and apply for police services officer job. Commissioner Morita asked with the changing of the old written test to the new improved written test has the number of people passing the written increase to which AAC Ozaki replied that the number has risen. KPC Open Session Meeting Minutes Of October 28, 2022 Page 15 SUBJECT DISCUSSION ACTION Chair Bahouth asked with increase of beats are the more police officers out on the streets and depending on what those officers are dealing with at any given time their response time could vary, in his mind, a cat stuck up a tree would not be a priority call compared hearing gun shots to which AAC Ozaki replied yes. Chair Bahouth asked with recent SHOPO negotiations completed where does Kauai stand nationwide in terms of officers’ salaries to which AAC Ozaki replied that he does know the exact numbers, but SHOPO does. Commissioner Belz asked if there is any data available as to why a person didn’t show up to take their exam to which AAC Ozaki replied that HR does not provide them with the information, but he knows that HR does their due diligence to remind people that their exam is coming up. Commissioner Belz asked how common the vacancies in the upper-level positions and what KPD are is doing to fill those positions. to which Chief Raybuck replied that he would love to fill every one of those positions. Every promotion up creates a vacancy below and trying to maintain manpower at the lower level is difficult because getting people in the door and once they are in the door the length of time it takes for them to be fully certified as a police officer and be on their own could take another twelve (12) months. Taking that into account they have to prioritize where those vacancies are filled. On a good note, they sent out notifications on promoting two (2) lieutenants and five (5) of the detective/sergeant positions tentatively set for December 1, 2022. Commissioner Bestwick inquired about getting an organization chart of KPD. Chief Raybuck stated that he only chart he has is position charts of the different position, however, he will work on it and will email the chart to Boards and Commissions Administrator Ellen Ching once he completes it. Commissioner Morita asked if he was actively looking for a deputy police chief to which Chief Raybuck replied no and explained that the reason he has not fill the position is because he KPC Open Session Meeting Minutes Of October 28, 2022 Page 16 SUBJECT DISCUSSION ACTION wants to create a deputy position from within his organization, not externally. At this point in time, he thinks the manpower and where they are placed is critical to the day-to-day operations and by filling in the position would create a void where very critical important positions are currently being filled therefore, he is not currently seeking to fill the deputy chief position. Commissioner Bestwick ask Chief Raybuck if he has a succession plan to which Chief Raybuck replied that it’s has been part the conversation and he is working on it. Chair Bahouth asked in their current budget did they allocate funds for more police vehicles, and if yes, are they in the processing of getting those vehicles. Chief Raybuck stated that KPD has money in its current budget to purchase additional vehicles, but in their last budget they did not allocate funds to purchase a new fleet of police vehicles not because they didn’t need cars it’s because ordering new police vehicles involves a very long process in that there are specific dates in which a police department can order vehicles and if the department is not within that specific date they would have to wait until the following year. The last time, KPD ordered vehicles was in back 2019. AC Ke clarified that they received the vehicles in 2021, and in 2017 KPD implemented a plan so that they would not be in a position where they are short in cars, the plan involves once a vehicle reaches a certain mileage and years a vehicle KPD would replace those vehicles. Things were on track until 2019 when the pandemic hit, as such KPD will be increasing their vehicle budget in the upcoming budget to make up for the loss of vehicles. At 11:09 a.m. Chair Bahouth called for a bio recess. At 11:20 a.m. the meeting reconvened. Commissioner Belz asked relative to the budget if funding is set aside in the budget for morale, team bonding, team building and organizational cultural development to which Chief Raybuck replied KPD does not have a specific line item for those things, other than in their general technical training budget which falls under the Chief’s budget, in the future budget he will be requesting for funding for those specific items that she just mentioned. KPC Open Session Meeting Minutes Of October 28, 2022 Page 17 SUBJECT DISCUSSION ACTION Commissioner Bestwick inquired about exit interviews and if the Commission could get a report on those interviews. Deputy County Attorney Donahoe stated exit interviews are conducted by HR and are confidential. Assistant Chief Ponce stated that the starting baseline pay for an entry level police officer is $65,000 and with the recent SHOPO pay increases that salary would go up to $68,500 and with the step movements the salary would increase in the new fiscal year. He noted that the salary does not include uniform, weapon allowance and overtime compensation that’s a separate allowance. A request was made to invite HR Manager Jill Niitani to the Commission’s next meeting to address exit interviews questions. BUSNIESS 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 August 26, 2022) Being that there was no public testimony on the item, Chair Bahouth sought a motion to defer item KPC 2022-2. Commissioner Morita moved. Commissioner Belz seconded the motion, the motion carried. KPC 2022-22 Discussion and decision-making on a request for legal representation to be provided for Police Lieutenant Chris Calio, in both his individual and professional capacity as it relates to Civil No. CV22 00286 LEK-WRP, filed by Donald S. Greer. Ph.D. in the United States Court for the District of Hawai‘i. The lawsuit alleges Deprivation of Civil Rights against disability, discrimination, and equal protection under the law. Chair Bahouth sought a motion to grant Lt. Chris Calio legal representation for Civil No. CV22 00286 LEK-WRP. Commissioner Bestwick seconded the motion, the motion carried. KPC Open Session Meeting Minutes Of October 28, 2022 Page 18 SUBJECT DISCUSSION ACTION KPC 2022-23 Communication dated October 4, 2022, from Darryl Perry to Kauai Police Commission Chair Gerald Bahouth and Members of the Kauai Police Commission writing to express his appreciation for the Commissioners and submitting documents that may be of interest to the Police Commission. Chair Bahouth sought a motion to receive item KPC 2022-24 for record. Commissioner Morita seconded the motion, the motion carried 5:0. KPC 2022-24 Public announcements on the disposition for the following notarized complaints that were filed with the Kauai Police Commission. Complaint No. KPC 2022-003 After due consideration of the complaint, the Commission deemed the complaint ineligible because the date of occurred exceeded the thirty (30) day filing timeline. The parties have been notified. This officially concluded the Commission’s review of notarized complaint KPC 2022- 003. Complaint No. KPC 2022-005(a) After due consideration of the complaint, the Commission deemed the complaint ineligible because the date of occurred exceeded the thirty (30) day filing timeline. All parties have been notified. This officially concluded the Commission’s review of notarized complaint KPC 2022- 005 (a) . Boards and Commission Administrator Ching read the public announcements for notarized complaints KPC 2022-003 and KPC 2022-005 (a) into the record. 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 these items: At 11:49 a.m. Deputy County Attorney Chris Donahoe read the following Hawai’i Revised Statutes 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. KPC Open Session Meeting Minutes Of October 28, 2022 Page 19 SUBJECT DISCUSSION ACTION 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 attempting to conceal a firearm through a security checkpoint. (On-going) ES KPC 2022-18 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 on August 26, 2022, request for information) ES KPC 2022-27 Notarized complaint KPC 2022-007 filed on July 29, 2022, alleges that an 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. (Referred on August 26, 2022,to the Office of Professional Standards to investigate and report findings to Police Commission) a) Communication dated October 4, 2022, from Lieutenant Christian Jenkins, Office of Professional Standards regarding the outcome of Kauai Police Department’s administrative review of formal complaint no. KPC 2022-007. ES KPC 2022-28 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. (Referred on August 26, 2022, to the Office of Professional Standards via Police Chief Todd Raybuck to investigate and report findings to the Police Commission) KPC Open Session Meeting Minutes Of October 28, 2022 Page 20 SUBJECT DISCUSSION ACTION ES KPC 2022-31 New notarized complaint no. KPC 2022-009, dated August 31, 2022. The complainant alleges racketeering between the Police Commission’s secretary, Kauai Police Department operatives, a private citizen and two (2) local businesses on Kauai. ES KPC 2022-32 New notarized complaint no. KPC 2022-010, dated August 31, 2022. Complainant alleges that the Kauai Police Department and the Kauai Police Commission are accomplices to a disorderly conduct incident related to a separate third-degree assault and second-degree criminal property damage incident allegedly caused by a third party. ES KPC 2022-33 New notarized complaint no. KPC 2022-011, dated August 31, 2022. Complainant alleges that an officer in the Kauai Police Department failed to turn on his patrol vehicle blue lights to indicate that he was on-duty. ES KPC 2022-34 New notarized complaint no. KPC 2022-012, dated October 4, 2022. Complainant alleges that an Officer in the Kauai Police Department violated Article III, Article VI.B4, and Article VI.C12 of the Standards of Conduct by ordering the complainant to meet him at the police station so that he could serve the complainant with a Temporary Restraining Order (“TRO”) for his sister. 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 August 26, 2022) (a) Report from the Permitted Interaction Group regarding a Consolidated Report on Chief Raybuck’s fiscal year performance evaluation for the period of July 1, 2021, to June 30, 2022. KPC Open Session Meeting Minutes Of October 28, 2022 Page 21 SUBJECT DISCUSSION ACTION 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. (Deferred on August 26, 2022) ES KPC 2022-35 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 August 26, 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 2022-36 Pursuant to Hawai‘i Revised Statutes §92-4 §92-5, the purpose of this executive session is for the Commission to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to the presentation on the results of SHOPO’s survey of the Kauai Police Department. Being that there was no public testimony on any of the executive items, Chair Bahouth sought a motion to enter executive session. Commissioner Belz moved. Vice Chair Jardin seconded the motion, the motion carried. At 12:21 p.m. the Commissioners entered Executive Session. Return to Open Session to ratify the actions taken in Executive Session At 1:28 p.m. the meeting reconvened in Open Session, Chair Bahouth sought a motion to ratify the actions taken in executive session. Commissioner Belz moved. Vice Chair Jardin seconded the motion carried 5:0. KPC Open Session Meeting Minutes Of October 28, 2022 Page 22 SUBJECT DISCUSSION ACTION Adjournment With no further business to conduct, Chair Bahouth sought a motion to adjourn the meeting. Vice Chair Jardin moved. Commissioner Belz seconded the motion, at 1:28 p.m. the meeting adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Gerald Bahouth, Chair (x ) Approved as circulated on November 18, 2022 ( ) Approved as amended. See minutes of ___________ meeting.