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Home My WebLink About2022 11-18 PC Agenda.PDFPOLICE COMMISSION GERALD BAHOUTH,CHAIR MONICA BELZ,ME~rr ir LEINA’ALA JARDIN,VICE CHAIR ANDREW BESTWICI~~VjEMBEd \D ROY MORITA.MEMBER VACANT,MEMBER VACANT.MEMB~NOV 10 1\9 .41 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 Chap~er p2~nd1p’ostéd~to the Police Commission’s website upon completion and approval.~‘~‘‘~~ Public Comments and Testimony: •Written testimony will be accepted for any agenda item herein. •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. •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. •Any testimony received after this time and up to the start of the meeting will be summarized bythe Clerk of the Commission during the meeting and added to the record thereafter. •Any late testimony received will be distributed to the to the members after the meeting is concluded. •Oral testimony will be accepted for any agenda item herein. 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). Per the Police Commission and Chair’s practice,there is a three-minute time limit per testifier per agenda item. 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. 1 REGULAR MONTHLY POLICE COMMISSION MEETING NOTICE AND AGENDA Friday,November 18,2022 9:00 a.m.or shortly thereafter 4444 Rice Street,Moikeha Building,Meeting Room 2A/2B Lihu’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,December 16,2022. Executive Session to follow.Subject to change. PUBLIC TESTIMONY ON ANY AGENDA ITEMS Oral testimony will be taken at any time during the meeting APPROVAL OF MINUTES •Open Session October 28,2022,Meeting EMPLOYEE OF THE MONTH FOR SEPTEMBER 2022 •Lieutenant Christian Jenkins CHIEF’S MONTHLY REPORTS AND PERTINENT UPDATES AND ANNOUCEMENTS •Administrative &Technical Bureau •Investigative Services Bureau •Patrol Bureau Reports •Chief’s Report on Staffing Statistics •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 October 28,2022) POLICE COMMISSION —November 18,2022 PAGE 2 KPC 2022-25: Discussion and decision to establish a Climate Assessment permitted interaction group consisting of two or more members of the Commission,but less than the number of members which would constitute a quorum and define the Group’s scope of work.All resulting findings and recommendations will be presented by the Group at the Commission’s second meeting, then at the Commission’s third meeting deliberate and decide on those recommendations. KPC 2022-26: Discussion and decision-making on adopting a Police Commission Policy on Oral Testimony. KPC 2022-27: Copy of a communication dated October 18,2022,from Miles A.Tanabe,President/CEO Blue Knights Services Hawai’i,Inc to Police Chief Todd Raybuck requesting the status on his open carry permit application. KPC 2022-28: Copy of a communication dated November 4,2022,from Dorothy Kulick to the Commission on Judicial Misconduct regarding a complaint against Judge Michael Soong concerning citation No. 5DTP-22-00957;State of Hawai’i versus Dorothy Kulick,a civil matter with criminal consequences. KPC 2022-29: Public announcements on the Police Commission’s final disposition for notarized complaints KPC 2022-007,KPC 2022-008,KPC 2022-010,KPC 009,and KPC 2022-011. KPC 2022-30: Discussion and decision-making on conducting an audit on the Kauai Police Department. 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 these items: 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. POLICE COMMISSION —November 18,2022 PAGE 3 ES KPC 202 2-3: 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.(Deferred on October 28,2022) a)Discussion and decision-making on an Investigative Report dated November 2,2022 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. ES KPC 2022-34: Notarized complaint no.KPC 2022-012,dated October 4,2022.The complainant alleges that an officer in the Kauai Police Department violated Article Ill,Article Vl.B4,and Article Vl.C12 of the Standards of Conduct by ordering the complainant to meet the officer at the police station so that the officer could serve the complainant with a Temporary Restraining Order (“TRO”)for his sister. ES KPC 2022-37: New notarized complaint no.KPC 2022-013,received on October 25,2022.The complainant alleged that an on-duty officer in the Kauai Police Department was rude and hostile towards the complainant while conducting a traffic stop. 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 October 28,2022) (a)Report from the Permitted Interaction Group regarding Consolidated Report on Chief Raybuck’s fiscal year performance evaluation for the period of July 1,2021,to June 30,2022. POLICE COMMISSION —November 18,2022 PAGE 4 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. (Deferred on October 28,2022) 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 POLICE COMMISSION —November 18,2022 PAGE 5