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HomeMy WebLinkAbout2022 PC 12-16 APPROVED OPEN SESSION Minutes.pdf COUNTY OF KAUAI MINUTES OPEN SESSION MEETING Board/Commission Kauai Police Commission Meeting Date December 16, 2022 Location Līhu‘e Civic Center Moikeha Meeting Room 2A/2B Start of Meeting: 9:33 a.m. 12:52 p.m. Present Chair Gerald Bahouth ; Commissioners: Monica Belz, Andrew 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: Police Chief Todd Raybuck; and Invited Guests: Human Resources Manager III Janine Rapozo and Managing Director Michael Dahilig. Excused Vice Chair Leina`ala Jardin Testifiers Councilmember Felica Cowden SUBJECT DISCUSSION ACTION Call To Order Chair Bahouth called the December 16, 2022, Police Commission meeting to order at 9:33 a.m. Roll Call to Ascertain Quorum A roll call ensued with Commissioners Monica Belz, Andy Bestwick, Roy Morita, and Chair Bahouth present to conduct business. Approval of Agenda Chair Bahouth asked if there were anyone in the audience who wish to give testimony on any of the items listed on the agenda. There were no testifiers. Being that there were no testifiers, Administrator Ching said that she would like to make a correction to agenda item KPC 2022-32, the correct date should reflect January 9, 2023, instead of January 5, 2023. Chair Bahouth acknowledged the correction, then called for a motion to approve the agenda as amended. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried unanimously. Open Session Minutes Of December 16, 2022, Meeting Page 2 SUBJECT DISCUSSION ACTION Announcements • Chair Bahouth called for a moment of silence in of honor former Police Commissioner Catherine Adams. • Chair Bahouth announced that the next Police Commission regular monthly meeting will be at 9:00 a.m. on Friday, January 27, 2023. Executive Session to follow. Subject to change. Public Testimony on Any Agenda Items Deputy County Attorney Chris Donahoe read the Rules of Decorum on oral testimony. Approval of Minutes • Open Session Meetings of October 28, 2022 and November 16, 2022 Chair Bahouth called for public testimony, seeing none, he sought a motion to approve or amend the open session minutes of the Police Commission’s October 28, 2022,and November 18, 2022, meetings. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections or corrections, the minutes were approved as circulated. Employees of the Month for December 2022 Chief Raybuck requested that the recognition for Employees of the Month Acting Sergeant Aaron Bandmann, and Officers Jace Ilae and Zachariah Smith be deferred to the Police Commission’s January 27, 2023, meeting, noting that one of the employees of the month had an opportunity to take his family to the mainland before Christmas that he couldn’t say no to. Open Session Minutes Of December 16, 2022, Meeting Page 3 SUBJECT DISCUSSION ACTION Chair Bahouth acknowledge Chief Raybuck’s request to defer the Employees of the Month recognition to the Commission’s January 27, 2023, meeting. Chief’s Monthly Reports and Pertinent Updates/ Announcements • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Bureau Reports • Chief’s Report on Staffing Statistics • Chief’s Office ⬧ Community Outreach Chief Raybuck pointed out statistics reflected in the ATB Report on concealed weapon permits that were applied for at the Kauai Police Department and how many were issued. He reported that Assistance Acting Chief Mark Ozaki had to amend the report that as of November 2022 the Police Department received 66 application permits to carry conceal weapon of which 54 applicants requested permits for more than one firearm. So, far KPD has issued 47 concealed weapon permits to applicants in the Kauai County. Commissioner Bestwick asked Chief Raybuck if he was going to address Staffing Statistic Report that was provided by HR Manager III Janine Rapozo. Chief Raybuck noted that he was going to address the community outreach first and turn the floor over to HR III Manager Janine Rapozo to address her report. Commissioner Bestwick replied okay. Community Outreach Chief Raybuck acknowledged all of the KPD employees who participated in the “Lights on Rice Parade” on December 3, 2022, particularly Assistant Chief Bryson Ponce and his team for all of their hard work they did to decorate the vehicles for parade. Chief Raybuck also took the opportunity to acknowledge the officers spouses and their children for participating in such a joyous community event. Open Session Minutes Of December 16, 2022, Meeting Page 4 SUBJECT DISCUSSION ACTION He then called on Assistant Chief Bryson Ponce to talk about the “Shop with a Cop” event. Assistant Chief Bryson Ponce reported that the “Shop with a Cop” event is set for December 20, 2022, from 8:30 - 10:30 a.m. at the main entrance of the Target store in Līhu‘e . The event will be done in conjunction with the Children Justice Center, YWCA, Child Welfare Services and Target store in Līhu‘e. Target Store Manager Dee Anne Facuri was very accommodating. He thanked the Children’s Justice Center for donating $5000 of which $1500 was for gift cards to shop with a Kauai Police Officer. Plans for next year’s “Shop with a Cop” is already in its planning stages and Target store has already committed to be a major sponsor for next year’s event. Referring back to Commissioner Bestwick’s question on manpower, with the Chair’s permission, Chief Raybuck referred the question to Human Resource Manager III Janine Rapozo to the floor to address the Kauai Police Department’s Sworn Officer Manpower Review Report dated December 14, 2022. *Copies of the Report dated December 14, 2022 was distributed to the Commissioners prior to the meeting. Ms. Rapozo in response to Commissioner Bestwick’s questioning, Ms. Rapozo gave a background what the Report entails. She explained that she was asked to review Chief Raybuck’s power point on KPD’s Sworn Officer Manpower Review that he provided to the Police Commission two-weeks ago and do a comparison on whether it actually occurred and what HR had in numbers. Chair Bahouth asked Ms. Rapozo if she’s here to confirm and that all employee movements goes through the Department of Human Resources to decipher to which Ms. Rapozo replied yes, stating that all new hires, retirement, and terminations her department keeps track of. Open Session Minutes Of December 16, 2022, Meeting Page 5 SUBJECT DISCUSSION ACTION Referring to the first chart reflected in her Report, Ms. Rapozo explained that Reported column those numbers were taken directly from Chief Raybuck’s PowerPoint and the right- hand column are the actual numbers that HR has. Chief Raybuck stated that what he learned in process is that it would be much easier to ask Human Resources to do the work rather than try to do the work himself. Ms. Rapozo, in response to Chair Bahouth questioning, Ms. Rapozo explained that if you take 50 over 76 actual hires – the actual percentage is 66% versus the 74% Chief Raybuck reported in his PowerPoint. She further explained that separation means that a person did not pass their training, they retired or was terminated by the county. Chief Raybuck pointed out that the second page of Ms. Rapozo’s Report under separations is a breakdown of resignations, failed training, terminated, employees who transferred to another department in the county. Ms. Rapozo added that the bottom of the page is a chart reflecting retirements separated out from all the other types of separations. Commissioner Bestwick stated that based on Officer Anthony Mor ita’s testimony at a prior Commission meeting he seemed very passionate about having the correct number of hires therefore he thinks it would be beneficial for all concern that for future projections to get the information directly from the Department of Human Resources. Chief Raybuck agreed with Commissioner Bestwick that having the experts do it is the right way to go. He then took the opportunity to thank Ms. Rapozo and her staff for all of their hard work in putting the information together more so because he knows it was labor intensive. Chief Raybuck stated that being small Police Department hiring 76 new employees is a true testament to all of the hard work Human Resources, Administrative Technical Bureau, and the background investigators are and have been doing to hire qualified people for the job. Open Session Minutes Of December 16, 2022, Meeting Page 6 SUBJECT DISCUSSION ACTION He also acknowledged all of the work the trainers haven been doing to get the officers on the streets. Commissioner Bestwick asked if HR conducts exit interviews and if the interviews yields valuable information about the organization that gets sent back to the Department. Ms. Rapozo replied that the Department of Human Resource conducts exit interviews if the person is willing to participate, most of the time they try to conduct in-person interviews but sometimes they would have to mail the survey out to the employee. Retirement exit interviews are different because it take a while due to the amount of information material the Department has to cover relative to the employee’s retirement benefits. As for employee feedback, every so often, HR would send the employee’s feedback to their respective Department but if feedback is important, they would send the feedback to the Department Head immediately along with note saying this is a matter that needs to be looked at and addressed. Chair Bahouth asked when conducting exit interviews if there’s anything that pops out looking like a trend. Ms. Rapozo stated that like all other industries, the county is not getting the number of applicants like it did in the past and that goes for all county departments, not just the police department. As such HR is looking at changing the recruitment methodology but because Kauai a small island the pool potential qualified candidates is very limited. As for, mainland applicants HR tries to make their written testing run concurrently with their physical test. She stated that Captain Mark Ozaki and his recruitment team has been working very hard to get the Police Department to a good point, but as the Commissioners have just learned KPD does lose some of the candidates. What has help though is the screening pro cess because it helps to eliminate the candidates who probably wouldn’t pass training phase of the hiring Open Session Minutes Of December 16, 2022, Meeting Page 7 SUBJECT DISCUSSION ACTION process. When it comes to trend when trying to recruit police officers nation-wide police departments across the country are having a hard time attra cting candidates and Kauai is no different. Every single department in the county is having a hard time recruiting qualified candidates, the only county department that is not affected is the Fire Department. As far as pay goes, the county can only do so much because the county is part of a state-wide negotiation contracts with all of the different unions. Chair Bahouth asked if what the county pays is comparable to a mainland candidate in pay level. Ms. Rapozo stated that what the county pays is comparable to what the mainland pay is, the problem is the cost of living in Kauai – its every expensive versus the cost of living in the mainland. Housing plays a major factor as well – it’s hard for someone coming from the mainland or for anyone who already lives Kauai here to find affordable housing. Commissioner Morita asked being that there are less qualified candidates are coming in to apply and if the Human Resources Department or the Police Department focus is on retention. Ms. Rapozo explained that at the last contract negotiations with SHOPO a discussion on addressing retention did come up which resulted in the county giving out lump sum bonuses and even added another a step movement. In the past, police officers would work 25 years and then retire, but because HR added another step movement the employee can stay even longer. Part of the reason why HR had to add another step movement was because the legislature changed the law in that an officer could not retire with just 25 years of service at any age, an officer has to be 55 years old before they can retire and have 28 years of service. Statewide every police department are struggling with retention because the job of a police officer job is very difficult. Most often people do not realize that the pay is secondary because of what police officers have to do every day isn’t something someone may want to do as a career for 30 years. Open Session Minutes Of December 16, 2022, Meeting Page 8 SUBJECT DISCUSSION ACTION Ms. Rapozo, in response to Commissioner Bestwick’s questioning on the pool applicants who do not make the cut for the Fire Department be offered the opportunity to learn about what the Kauai Police Department is all about, responded that HR would look into it and shared that there are other programs KPD has like the Police Explorers P rogram designed to provide high-school age youngsters, ages 14 to 18 with the opportunity to learn about a career in law enforcement and if they remain interested give them the opportunity to become a paid police officer apprentice until they become of age. Ms. Rapozo, in response to Chair Bahouth’s questioning on whether a police officer test is the same as a firefighters test or are they two different tests, responded that only similarities is the basic knowledge portion the test of the other portions of the test is different. There was a time when HR would create the test for police, but now KPD purchases its own test from a company that has preemployment requirements. As far as merging the firefighters test and the police officers test, responded that is a good idea, and she would look into. Chief Raybuck, in response to Commissioner Belz’s questioning, responded that there have been discussions about the need for the Police Department and the union to work together simultaneously towards the same goal and that is to bring people into the organization and keep people in the organization. Both HR and the Police Department have been working alongside and will continue to do so to address retention. Ms. Rapozo added that one of things that HR does in negotiations with all of the different directors and union representatives from the different unions is hold labor management meetings to talks about the different issues the departments are faced with some of which has to do with retention but because of covid they haven’t met for a long time but hopefully those meetings would start up again. Oftentimes SHOPO would call a meeting on Oahu at least once a year with all of the police chiefs, and all the different human resource managers from the other counties present. Chief Raybuck shared that when he first became Police Open Session Minutes Of December 16, 2022, Meeting Page 9 SUBJECT DISCUSSION ACTION Chief, he had the opportunity to sit at one of those meetings and he found all of the various discussions to be very beneficial. Ms. Rapozo added that to her understanding those labor management meetings is going to happen in the near future. With Chair Bahouth’s permission, Administrator Ching thanked Ms. Rapozo for Report and for all of the hard she and her Department did to gather the information and for coming in today being that it was her day-off. With no further comments or questions, Chair Bahouth thanked Ms. Rapozo for taking the time to come to the Police Commission meeting to clarify the discrepancy in Chief Raybuck’s report and for explaining the complexity in providing the numbers. He then called for a motion to receive KPD’s Sworn Officer Manpower Review Report dated December 16, 2022 from HR Manager III, Janine Rapozo. Before going any further, Administrator Ching requested to take the agenda out of order to and address item KPC 2022-30 first being that Managing Director Michael Dahilig had to attend another meeting. Chair Bahouth acknowledged her request and took item KPC 2022- 30 before item KPC 2022-2. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried unanimously. KPC 2022-30 Discussion and decision-making on conducting an audit on the Kauai Police Department. (Deferred on November 18, 2022) Administrator Ching asked if there were anyone in the audience who wanted to testify on the item. See no one, she called on Managing Director Michael Dahilig to the floor. Mr. Dahilig in response to Commissioner Morita questioning on what the procedure is to have council conduct an audit on KPD, responded that under the Charter , Section 3 12.B. relating to the county council’s powers. A performance audit is available as an option for Open Session Minutes Of December 16, 2022, Meeting Page 10 SUBJECT DISCUSSION ACTION council to conduct an inquiry regarding operations and to provide a scope of what that inquiry would be. Council can elect to have it done internally to council which is the legislative branch or by contract to provide an operational assessme nt based off whatever scope they provide. An audit can be ordered via a resolution through majority of council vote. Mr. Dahilig, in response to Commissioner Morita’s questioning, responded that how council chooses to conduct the audit is within their prerogative as the Legislative Branch to do so. Council can elect to handle the audit internally or outsource the audit to an outside company which typical is done with the County’s CAFR on consolidated financials. He noted that audits are good and any request to conduct an audit should be welcome as a means of assessment on ways to improve. As stated earlier, council is just one option and from an administration standpoint an audit is a way to provide feedback and assessment. Another option was for the Police Commission to conduct its own internal audit, but the Commission would have to look at its source department to provide the funding which would be handled by the Office of Boards and Commissions. Mr. Dahilig, in response to Commissioner Morita’s questioning on whether the funds to conduct an audit would come from council’s budget, responded that there fund ing are set side in every budget as well as the county’s auditor’s office as a resource for council should they decide to procure an outside auditor. Mr. Dahilig, in response to Chair Bahouth’s questioning on who determines what the audit will entail the Police Commission or Council and if an audit is basically a financial audit, responded that section 312 (a), refers to a financial audit and section 3 (b) refers to a performance audit, in both cases it would be up to Council to determine the ultimate scope of what is investigated would entail as part of the third-party inquiry. But if it’s something that the Police Commission wants to convey on an area of study or if there is a particular item the Commission would like to audit, as part of a financial or performance audit that is Open Session Minutes Of December 16, 2022, Meeting Page 11 SUBJECT DISCUSSION ACTION something that can be requested via a communication, but ultimately it will up to Council to set the parameters on the scope of the an audit and they can either expand the scope or narrow the scope. Mr. Dahilig, in response to Commissioner Bestwick’s questioning if there is history regarding Council conducting performance or financial audits, responded that in 2019, Council conducted four (4) audits on solid waste, roads, emergency spending, and overtime spiking in the Kauai Fire Department. Those audits were the last batch of performance audits which he believes Council outsource those audits. Chief Raybuck shared that prior becoming Police Chief, he recalls Council had requested an audit of KPD’s organization that included a draft audit that was completed in 2018. When he arrived in 2019 Council did a reaudit on patrol based on new data that was not looked at in the original audit. The redone audit was then presented to him and Council in 2020. To his knowledge audits on the Administrative & Technical and the Investigative Services Bureaus have not been done since 2018. Mr. Dahilig stated that should the Police Commission decide that it wants Council to conduct a financial audit or an performance audit it has the support of the Administration. He explained that normally there are two (2) general scopes of auditing. The first scope is Council is going to order the audit to examine a particular segment of the operation or they may want to examine a particular feature of the overall operation. Once that is established negotiations between council’s staff and the auditor to address things like what type of testing will be involved, the type of performance, hourly costs, etcetera. Relative to the audit scope, the Commission may engage by interview, provide information, or receive updates on the process of the actual evaluation. However, he cannot speak on how Council would want to provide that inter action with the Commission, but the Commission can certainly ask. Open Session Minutes Of December 16, 2022, Meeting Page 12 SUBJECT DISCUSSION ACTION Ultimately, performance audit is going to be run by council services staff; not by anyone sitting in this room and how council defines the performance audit in the contract will be based on how Council wants to manage it. Mr. Dahilig, in response to Commissioner Bestwick’s questioning on whether it would be possible for the Police Commission to collaborate with Council on the scope of the audit or would Council push back on what the Commission wants to request, responded he doesn’t think there is any rule break. It would be helpful though for the Commission to define certain areas it wants it focus on. Mr. Dahilig said that the procurement process could take months not weeks to complete so the more information the Commission provides as to what area (s) the Commission feels should be looked at from a consensus standpoint within the body would help to expedite the process which will involve a lot dialogue between Council and the Commission on the subject matter. Mr. Dahilig, in response to Commissioner Belz’ questioning on the timeframe if Council was to do the audit internally versus externally, responded that it all starts with the scope and a reading of a resolution by Council to order the audit which will take a couple of weeks once the communication reaches Council versus Boards and Commissions handling it as an internal audit. At this juncture, Councilmember Felica Cowden asked to give testimony. Chair Bahouth granted her request to testify. Councilmember, Public Safety and Human Services Committee Chair, Felica Cowden testified that she would be more than happy to help the Police Commission with the audit, but she would like to provide feedback on the questions. She shared that based on her experience with audits it’s important to create questionnaires that are relevant to what the Police Commission wants communicated. Open Session Minutes Of December 16, 2022, Meeting Page 13 SUBJECT DISCUSSION ACTION As a suggestion, the Commission should look at it from different angles because in her view audits can take 2 years to complete so asking the right questions will result in a meaningful audit. As a Councilmember, if she was asked to bring the request to Council on behalf of the Police Commission she would feel more comfortable if SHOPO and the Police Chief was brought in to provide different their questions, and she would do her best to pass it. She reiterated that asking the right questions will also help council staff and the council to be able to set the scope correctly. Deputy County Attorney Donahoe, in response to Commissioner Morita’s questioning on whether it was allowed to have SHOPO and the Police Chief provide input. responded that it would fall under gathering of information for a report and as long as it falls within the scope it is allowable. Councilmember Cowden, in response to Commissioner Belz’s questioning on whether there is ample/ sophisticated parties on Kauai or within the state qualified to conduct the audit, responded that to the best of her knowledge there are plentiful auditors out there. To question about procurement, she would rather defer her question to the procurement department to respond. She will say, however, when Council got the Fire Study back all the questions that Council outlined were really good questions, but the answers were not because some of the questions were separated and went to the Department of Water, and as it turned out there isn’t not enough water in fire flow protection to fight house fires and the audit missed that. Which brings up another point, if there are any critical county departments the Commission should identify those departments because it would help in the way a question is asked. As for the Police Commission having influence on its request to Council as it relates to the outcome of the procurement process, Councilmember Cowden stated that the best person to address her question would be Managing Director Michael Dahilig. Open Session Minutes Of December 16, 2022, Meeting Page 14 SUBJECT DISCUSSION ACTION Mr. Dahilig explained that the procurement is competitive and the selection is done by a panel of people who reviews the qualifications as to a company’s ability to conduct inquiry into the subject matter and ultimately what their price is. That potentially could be an interplay in terms of Council inviting someone from the Police Commission to be part of the procurement selection phase or Council could handle the selection themselves. Mr. Dahilig, in response to Commissioner Belz’s question if the Commission took the route and did it internally through the department would the Commission be involved in the procurement selection phase, responded that they could certainly arrange it, but it would encumber the Commission’s ability to work with the department to provide funding for the audit. With no further questions from the Commissioners, Ch air Bahouth called for a motion to defer item KPC 2022-30 for continued discussion at the next Police Commission meeting in January 2023. To clarify, Commissioner Bestwick asked if at the next meeting the Commission is going to discuss and decide whether or not it wants to form a permitted interaction group to which Chair Bahouth replied yes. Motion Commissioner Morita moved. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried unanimously to defer item KPC 2022-30 to the next meeting. KPC 2022-2 Presentation by the permitted interaction group on recommendations regarding the process, procedures, and tools to enhance the chief of police evaluation process resulting in a more cohesive evaluation product. (Deferred on November 18, 2022) Administrator Ching called for public testimony. Seeing there were none, Ms. Ching requested a motion to defer the item, Chair Bahouth called for the motion. Commissioner Morita moved. Commissioner Bestwick seconded the motion. Hearing no objections, the item was deferred. Open Session Minutes Of December 16, 2022, Meeting Page 15 SUBJECT DISCUSSION ACTION 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. (Deferred on November 18, 2022) Administrator Ching called for public testimony. There was no testimony. Commissioner Morita stated that he agrees with Chair Bahouth that deferring the item is the appropriate action to take being that two new Commissioners are coming on board and can take part in the discussion next year. With that being said, Chair Bahouth called for a motion, followed by discussion. Discussion Commissioner Belz asked what is the difference if the Commission forms a permitted interaction group today rather than wait for the new Commissioners to come on board; is it because they wouldn’t be included in the PIG. Commissioner Morita stated that he asked for a deferral because there might be a possibility that the two new members would like to be on the PIG. Commissioner Belz asked if the Commission could form a two-member PIG today and add a third member later. Deputy County Attorney Donahoe explained that the clearest path is to defer the item until next month when the two new Commissioners are on board, if not, the Commission would have to dissolve the PIG only to form a new one. With no further discussion, Chair Bahouth called for the vote. Motion Commissioner Morita moved. Commissioner Bestwick seconded the motion. Hearing no objections, the item was deferred. Open Session Minutes Of December 16, 2022, Meeting Page 16 SUBJECT DISCUSSION ACTION KPC 2022-31 Election of Chair and Vice Chair for Calendar Year 2023. Administrator Ching called for public testimony. There were no testifiers. Commissioner Morita stated that being that two (2) new members to the Police Commission are coming on board in January 2023, he would like to defer the election of Chair to next month. Chair Bahouth concurred, then called for a motion to defer the election of Chair to next month. Chair Bahouth opened the floor for nominations for Vice Chair. Commissioner Belz nominated Commissioner Andy Bestwick for Vice Chair. Hearing no objections, Commissioner Bestwick accepted the nomination for Vice Chair. Chair Bahouth called for a motion and a second. Election of Chair Commissioner Morita moved. Commissioner Belz. Hearing no objections, the election of Chair was deferred. Election of Vice Chair Commissioner Morita moved. Commissioner Belz seconded. Hearing no objections, Commissioner Bestwick was elected as the new Vice Chair for Calendar Year 2023. KPC 2022-32 Discussion and decision-making on designating representatives to represent the Police Commission at the welcoming of the Kauai Police Department’s 98th Recruit Class tentatively scheduled for Thursday, January 5 9th , 2023 from 10:30 – 11:30 a.m. Administrator Ching called for public testimony. There were no testifiers. Commissioner Morita made a motion to designate Vice Chair-elect Andrew Bestwick to attend the event being that the election of the Chair was deferred to January 2023. Vice Chair-elect Bestwick accepted the designation. Commissioner Belz seconded the motion. Discussion Commissioner Belz asked if Vice Chair-elect Bestwick designation was to address the new recruits. Commissioner Morita stated that it would be up to Chief Raybuck. Open Session Minutes Of December 16, 2022, Meeting Page 17 SUBJECT DISCUSSION ACTION Chief Raybuck stated that in addition to welcoming the new police recruits the purpose of having a member of the Police Commission present is to tell the new recruits what the role of the Police Commission is and what matters are under the Commission’s purview so that they understand. Vice Chair-elect Bestwick stated that it would an honor to do so. Commissioner Belz asked if it was appropriate for other Commissioners to be present for support to which Administrator Ching replied that in accordance to th e Sunshine Law it needs to be three members or less. Chief Raybuck stated that he would be more happy to invite two (2) more members to attend the event if they so choose to do so. Chair Bahouth asked if it was possible to have Deputy County Attorney D onahoe present at the welcoming to speak on Charter pertaining to the Police Commission duties and responsibilities as well to which Administrator Ching replied that absolutely, noting that Mr. Donahoe is not constrained by being part of the three Commissioners and therefore the Commission could designate two (2) more Commissioners. The critical point is when designating a representative, they are speaking on behalf of the Police Commission versus themselves individually. Deputy County Attorney Donahoe stated that he would not be able to attend due to having attend a contested case hearing on January 9th. Vice Chair-elect Bestwick asked if he could meet with Boards and Commissions staff, Chief Raybuck on talking points and with Mr. Donahoe to get anything on the Charter to which Deputy County Attorney Donahoe replied sure. Open Session Minutes Of December 16, 2022, Meeting Page 18 SUBJECT DISCUSSION ACTION Commissioner Morita stated that he would like to withdraw his original motion and make a new motion to designate Commissioners Bahouth, Belz and Bestwick to attend the welcoming. Commissioner Belz mentioned that she is doing a ride-along on January 9th therefore will not be able to attend unless they happened to be at the Līhu‘e station during the welcoming. Chief Raybuck noted that he will be meeting with Acting Assistant Chief Oz aki and if necessary he will change her ride-along date or change the time when Mr. Donahoe is available; he doesn’t have to decide right now because he would like to refer to the recruits schedule for making a decision to change the welcoming date. Administrator Ching suggested that the Commission designate Commissioners Bahouth, Belz and Bestwick and a alternate in case one them cannot attend today, and not set a date until Chief Raybuck has the chance to consult with his staff on changing the welcoming date to another day. Chief Raybuck stated that if the presence of the Commissioners is not contingent with having Mr. Donahoe present, then he would rather move forward with January 9 th if his appearance is contingent that the Commission would like to have Mr. Donahoe present at the welcoming then they can look for another date. Chair Bahouth stated that he would move ahead with January 9th as discussed. Commissioner Morita stated that he in his tenure on the Police Commission he has attended three (3) welcoming’s and its pretty informal and without an agenda. With no further discussion, Chair Bahouth called on Commissioner Morita to withdraw his original motion and for Commissioner Belz to withdraw her second. Both Commissioners Morita and Belz withdrew their motion. Open Session Minutes Of December 16, 2022, Meeting Page 19 SUBJECT DISCUSSION ACTION Chair Bahouth sought a motion to designate Vice Chair-elect Bestwick, Commissioner Belz and himself to attend the welcoming of the 98th Recruit Class on January 9, 2023. Commissioner Morita moved. Commissioner Belz seconded. Hearing no objections, the motion carried unanimously. KPC 2022-33 Copy of a communication dated November 7, 2022, received by the Office of Boards and Commissions on November 15, 2022, from Dorothy Kulick to District Court Clerk, Fifth Circuit, Kauai, 3970 Kaana Street, Līhu‘e, Hawai‘i 96766, regarding Citation No. 5DTP -22- 009571; State of Hawai‘i vs. Dorothy Kulick, a motion for reconsideration. Administrator Ching called for public testimony. There were no testifiers. Chair Bahouth sought a motion to receive item KPC 2022-33, for the record. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried unanimously. KPC 2022-34 Copy of a communication dated November 15, 2022 and received on November 18, 2022, from Dorothy Kulick to the Commission on Judicial Misconduct Kapuaiwa Bldg., 426, Queen Street., Room 106, Honolulu, Hawai‘i 96813-2914, regarding Citation No. 5DTP-22-009571; State of Hawai‘i vs. Dorothy Kulick; additional criminal charges against Judge Michael K. Soong. Administrator Ching called for public testimony. There were no testifiers. Chair Bahouth sought a motion to receive item KPC 2022-34, for the record. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried unanimously. KPC 2022-35 Anonymous letter dated November 15, 2022 and received on November 23, 2022 from a concerned county worker to the Kauai Police Commission regarding seeing on numerous occasions a police vehicle with its lights and engine parked with the police officer asleep in the driver’s seat. Administrator Ching called for public testimony. There were no testifiers. Chair Bahouth sought a motion to receive item KPC 2022-35, for the record. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no Open Session Minutes Of December 16, 2022, Meeting Page 20 SUBJECT DISCUSSION ACTION objections, the motion carried unanimously. KPC 2022-36 Copy of a communication dated November 30, 2022 and received on December 6, 2022, from Dorothy Kulick to District Court Clerk, District Court of the Fifth Circuit, Kauai 39070 Kaana Street, Līhu‘e Hawai‘i 96766, regarding Citation No. 5 DTP-22-009571; State of Hawai‘i v. Dorothy Kulick. Administrator Ching called for public testimony. There were no testifiers. Chair Bahouth sought a motion to receive item KPC 2022-36, for the record. Commissioner Morita moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried unanimously. KPC 2022-37 Public Announcement on the Police Commission’s disposition regarding Notarized Citizen Complaint KPC 2022-013. Administrator Ching called for public testimony, being that here were no testifiers, she read the following public announcement for the record. The Kauai Police Commission reviewed the abovementioned complaint alleging that the officer’s conduct was rude and hostile towards the complainant while conducting a traffic stop. After a full review of the footage obtained by the body worn camera, the Commission determined that the officer’s actions were lawful and proper and therefore the officers were exonerated. This officially concluded the Commission’s review of notarized complaint KPC 2022-013. 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 At 11:02 a.m. Deputy County Attorney Chris Donahoe cited the Hawai‘i Revised Statutes to take the meeting into Executive Session. Open Session Minutes Of December 16, 2022, Meeting Page 21 SUBJECT DISCUSSION ACTION 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 Police Chief Todd Raybuck 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 attempting to conceal a firearm through a security checkpoint. 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 KPC 2022-012, dated October 4, 2022. The 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 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 2022-35 New notarized complaint KPC 2022-014, received on December 5, 2022, filed against an officer in the Kauai Police Department. The complainant alleges misconduct, intimidation, Open Session Minutes Of December 16, 2022, Meeting Page 22 SUBJECT DISCUSSION ACTION condescending, blaming, profiling, bias, breach of confidentiality and ambiguity and errors in Investigative Report. ES KPC 2022-36 New notarized complaint KPC 2022-015, received on December 6, 2022, filed against three (3) officers in the Kauai Police Department. The complainant alleges that the officers violated their oath of office. 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) (b) Discussion and decision-making on adopting the Permitted Interaction Group’s Consolidated Report on Chief Raybuck’s fiscal year performance evaluation for the period of July 1, 2021, to June 30, 2022. ES KPC 2022-37 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 October 28, 2022 and November 18, 2022 , meetings. 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. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections. The motion carried 4:0. Open Session Minutes Of December 16, 2022, Meeting Page 23 SUBJECT DISCUSSION ACTION At 11:06 a.m. the Commissioners entered Executive Session. Return to Open Session and ratify the actions taken in Executive Session At 12:51 p.m. the Commissioners reconvened in Open Session. Chair Bahouth sought a motion to ratify the actions taken in Executive Session. Commissioner Belz moved. Commissioner Bestwick seconded the motion. Hearing no objections. The motion carried 4:0. Adjournment With no further business to conduct, Chair Bahouth declared the meeting adjourned. At 12:52 p.m. the meeting was adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Mary K. Hertog, Chair-elect (x ) Approved as circulated on January 27, 2023 ( ) Approved as amended. See minutes of ___________ meeting.