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HomeMy WebLinkAboutPC 2022 11-18 Approved Open Session Minutes.pdf COUNTY OF KAUAI MINUTES OPEN SESSION MEETING Board/Commission Kauai Police Commission Meeting Date November 18, 2022 Location Moikeha Building, Meeting Room 2A/2B Start of Meeting: 9:00 a.m. End of Meeting: 11:51 a.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, Police Captain Roderick Green, Office of Professional Standards Lieutenant Christian Jenkins, and Sergeant Kris Breyer, as well as other KPD staff me mbers. Excused Vice Chair Leina`ala Jardin Testifiers SHOPO Business Agent Roy Asher and Councilmember Felicia Cowden SUBJECT DISCUSSION ACTION Call To Order Chair Bahouth called the meeting to order at 9:00 a.m. Roll Call to Ascertain Quorum A roll call ensued with four (4) Commissioners present constituting a quorum. Approval of Agenda Chair Bahouth sought a motion to approve the Police Commission’s November 18, 2022, agenda. Commissioner Bestwick moved. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. Announcements • Next Regular Monthly Meeting 9:00 a.m. on Friday, December 16, 2022 at the Moikeha Conference Room 2A.2B. Executive Session to follow. Subject to change. Public Testimony Oral testimony will be taken at any time during the meeting Chair Bahouth called for public testimony on any of the items listed on the agenda. KPC Open Session Minutes Of November 18, 2022 Page 2 SUBJECT DISCUSSION ACTION SHOPO Kauai Chapter Business Agent Roy Asher testified that relative to item ES KPC 2022-13, alleging preferential treatment he would like to request a copy of the Investigation Report after the Police Commission is done reviewing the Report. Chair Bahouth referred Mr. Asher’s request to Deputy County Attorney Donahoe to opine. Deputy County Attorney Chris Donahoe opined that the before they can release the Investigation Report they will need to review the Report to see what sections needed to be redacted to protect privacy interest and to remove any confidential or sensitive information. Chair Bahouth asked if a motion was needed to release the Investigation Report after the county attorney had a chance to review the Report. Administrator Ching stated that she will work with the county attorneys office and if a formal request is needed, she would contact Mr. Asher to let him know that he needs to submit a formal request for release of record. Additionally, Mr. Asher asked that SHOPO would like to know if the Police Commission has an appeal process once the Commission has rendered a decision. Chair Bahouth referred the question to Deputy County Attorney Donahoe to opine on. Deputy County Attorney Donahoe opined that he would need conduct research as to whether there is an appeal process allowable for that type of investigation report; who would the appeal go to; and what that type of procedure the appeal process consist of. With no further testimony or questions, Chair Bahouth called on Deputy County Attorney Donahoe to read the decorum on public testimony. KPC Open Session Minutes Of November 18, 2022 Page 3 SUBJECT DISCUSSION ACTION Approval of Minutes • Open Session October 28, 2022, Meeting Chair Bahouth asked if there was anyone in the audience who wish to testify on the item. Being that there was no testimony, Chair Bahouth called for a motion to defer the item pending its completion. Commissioner Bestwick moved to defer. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. Employee of the Month September 2022 • Lieutenant Christian Jenkins In early, August 2022, the secret service notified the Kauai Police Department of a visit by Vice President Kamala Harris and a second gentlemen to the Kauai for a ten (10) day vacation from August 15 to August 25, 2022. Chief Raybuck selected Lt. Christian Jenkins to be the incident commander for the Vice President’s visit. He was chosen due to his role as a CIU Lieutenant (Criminal Intelligence Unit) and is a member of the Joint Terrorism Taskforce. His relationship with KPD’s federal partners made him well suited to coordinate the Vice President’s visit with the United States Secret Service. Due to operational security the extent of planning, coordination, and staffing Lt. Jenkins was responsible for cannot be provided in support of this commendation. However, Lt. Jenkins met with secret service agents to assign multi-units who came from allover the 50 states to support the visit. Lt. Jenkins was responsible for developing the incident action plan for the duration of her visit. His role as incident commander required him to lead and direct officers that were of higher, equal, and lower rank then himself and do so with professionalism and humility. KPC Open Session Minutes Of November 18, 2022 Page 4 SUBJECT DISCUSSION ACTION The Vice President’s visit had little impact on the day-today operations of KPD and Kauai small community. This success was due to Lt. Jenkins and the combined efforts of all of the KPD officers that were assigned to the Vice President’s security detail during her visit. For that reason, Lt. Christian Jenkins was selected as Employee of the Month for September 2022. After Chief Raybuck’s presented Lt. Jenkins with a Certificate of Exemplary Service, Lt. Jenkins had the opportunity to address the Commission, he thanked all of the officers who assisted with the security detail especially Captain Rod Green and Sergeant Kris Breyer. He also thanked the Kauai Fire Department, and the EMS personnel. In addition, members of the Police Commission took the opportunity to congratulate Lt. Jenkins for a job well done. Councilmember Felicia Cowden congratulated Lt. Jenkins on behalf of the council. She stated how important it was to recognize all of the outstanding work the police officers do. She shared that she lives a mile and half from where Vice President Harris vacationed, and she didn’t see any impact to the Kilauea community other than a few people protesting Red Hill on O‘ahu. Ms. Jenkins joined in to congratulate her husband for his great planning skills, his great coordinator skills and for always being organized, but most importantly for being a great dad, husband, and coach. With no further comments, Chair Bahouth moved on to the Chief’s Monthly Reports. KPC Open Session Minutes Of November 18, 2022 Page 5 SUBJECT DISCUSSION ACTION Chief’s Monthly Reports and Pertinent Updates and Announcements • Administrative & Technical Bureau • Investigative Services Bureau • Patrol Bureau Reports • Chief’s Report on Staffing Statistics • Chief’s Office ⬧ Community Outreach Chief Raybuck stated that if any of the Commissioners had any questions on the data reflected in his Monthly Reports, he would be glad to answer their questions at this time. Being that there was questions from the Commissioner’s, Chief Raybuck highlighted two(2) upcoming events. The first event is the Promotional Ceremony at the Kauai Veteran’s Center on November 30, 2022. KPD will be promoting two (2) lieutenants, and five (5) sergeants. The second event is the graduation of the 97th Police Recruit Class on December 7, 2002, at 1:00 p.m. at the Kauai Police Department Headquarters Courtyard in Līhu‘e. Commissioner Belz how many recruits are graduating on December 7 th to which Chief Raybuck replied that there will be three (3) recruits graduating on December 7th. 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) Administrator Ching asked if there was anyone in the audience who wish to give testimony on the item. Being that there was no public testimony, Commissioner Morita moved to defer item KPC 2022-2. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of November 18, 2022 Page 6 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. Commissioner Bestwick asked if the item is referring to the previous climate assessment that was done and if not, what the purpose is in conducting another the climate assessment. Administrator Ching explained that the first climate assessment that was done some Commissioners had questioned how the survey was presented which is the reason the item is on the agenda to discuss establishing a new climate assessment interaction group or do something else. With no further questions, Chair Bahouth moved on to item KPC 2022-26. Administrator Ching asked if there was anyone in the audience who wish to give testimony on the item. Being that there was no public testimony, Commissioner Bestwick moved to defer the item KPC 2022-25 to the January 2023, meeting. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. KPC 2022-26 Discussion and decision-making on adopting a Police Commission Policy on Oral Testimony. Administrator Ching explained that the policy is a housekeeping measure to establish time-limit for the public to give oral testimony. Councilmember Cowden testified that as a councilmember she knows that when people come up to testify its very meaningfully for them to testify once the item is up on the agenda, and typically, that doesn’t occur at the Police Commission meetings. Administrator Ching asked if there was anyone in the audience who wish to give testimony on the item to, please come up. KPC Open Session Minutes Of November 18, 2022 Page 7 SUBJECT DISCUSSION ACTION Commissioner Bestwick asked Ms. Ching or Ms. Omo if they could provide the Commission with guidance as to what the other commissions are doing in regard to public testimony. Administrator Ching explained that if anyone noticed on each agenda item, she would read the item first and then she would ask if anyone in the audience would like to give public testimony on the item to please come up. Chair Bahouth asked Deputy County Attorney to read the policy out loud. Deputy County Attorney Donahoe acknowledged the Chair’s request and read the policy out loud. With no further testimony, discussion or comments, Chair Bahouth called for a motion to adopt the Police Commission Policy on Oral Testimony. Commissioner Bestwick moved to adopt the Police Commission Policy on Oral Testimony. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 4:0. 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. Chair Bahouth stated that because the Police Commission was cc’d on the communication dated October 18, 2022 and being that the matter is out of the purview of the Commission, he would like to have a motion to receive the item. After the motion carried, Chief Raybuck asked Chair Bahouth if he could provide clarification regarding Mr. Tanabe’s request for a permit to which Chair Bahouth replied sure. Chief Raybuck stated that Mr. Tanabe’s request for a permit was issued. He explained that Mr. Tanabe’s first request that was made in a manner that was outside of the scope and purview of his authority as Chief of Police. With regard to the second request, a request was made for additional information to Administrator Ching asked if there was anyone in the audience who wish to give testimony to, please come up. There was no public testimony. Commissioner Morita moved to receive item KPC 2022-27. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. KPC Open Session Minutes Of November 18, 2022 Page 8 SUBJECT DISCUSSION ACTION be provided by Mr. Tanabe. Relative to the October 18, 2022, he called Mr. Tanabe to discuss the receipt of additional information that he had requested for consideration. According to Mr. Tanabe he said that he mailed out the information but there must have been a delay in the postal service because he got the information after the receipt of the abovementioned letter. Nonetheless, Mr. Tanabe was issued his permit. With no further comments or question, Chair Bahouth moved on to the next item. 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. Chair Bahouth called on Deputy County Attorney Donahoe to address the matter. Deputy County Attorney Donahoe stated that he reviewed the contents of the complaint against Judge Michael Soong, and it appears to fall out of the purview of the Police Commission, but because the communication was cc’d to Chair Bahouth his recommendation would be to receive the item for the record. Administrator Ching asked if there was anyone in the audience who wish to give testimony to, please come forward. There was no public testimony. Commissioner Morita moved to receive item KPC 2022-27. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. 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. PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2022-007 After review of the complaint, the Police Commission accepted the Office of Professional Standards investigation findings that there was no supporting Administrator Ching asked if there was anyone in the audience who wish to give testimony to, please come forward. Being that there was no public testimony, Chair Bahouth asked Administrator Ching to read each public announcement. KPC Open Session Minutes Of November 18, 2022 Page 9 SUBJECT DISCUSSION ACTION evidence to sustain that any act of misconduct or violations occurred on June 30, 2022. This officially concluded the Commission’s review of notarized complaint KPC 2022-007. PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2022 -008 After review of the complaint, there was no supporting evidence to sustain that any act of police corruption or misconduct occurred. This officially concluded the Commission’s review of notarized complaint KPC 2022-008. PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2022 -009 After review of the complaint, there was no supporting evidence to sustain that any act of racketeering between a county employee, Kauai Police Department operatives, a private citizen, and a local business. This officially concluded the Commission’s review of notarized complaint KPC 2022-009. PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2022 -010 After review of the complaint, there was no supporting evidence to sustain that any act of discrimination or misconduct occurred on a daily basis. There the Police Commission did not sustain the complaint. This officially concluded the Commission’s review of notarized complaint KPC 2022-010. PUBLIC ANNOUNCEMENT FOR NOTARIZED COMPLAINT NO. KPC 2022 -011 After review of the complaint, there was no supporting evidence to sustain that any act of police corruption for not having his patrol car blue lights on while on duty. There the Police Commission did not sustain the complaint. This officially concluded the Commission’s review of notarized complaint KPC 2022- 011. Being that there was no discussion, Chair Bahouth moved on to the next item. KPC Open Session Minutes Of November 18, 2022 Page 10 SUBJECT DISCUSSION ACTION KPC 2022-30 Discussion and decision-making on conducting an audit on the Kauai Police Department. After the motion carried, Commissioner Morita asked to have Managing Director Michael Dahilig present when the Commission discusses the matter to which Administrator Ching replied sure. Administrator Ching asked if there was anyone in the audience who wish to give testimony to ,please come forward. There was no public testimony. A request was made to defer item KPC 2022-30. Commissioner Morita moved to defer. Commissioner Bestwick seconded the motion. Hearing no objections, the motion carried 4:0. Executive Session Pursuant to Hawai‘i Revised Statutes §92-4, §92-5 (a) (2) and (4). The purpose of this executive session is for the Commission to review and discuss charges brought against an officer in the Kauai Police Department, where consideration of matters affecting privacy will be involved, provided that if the individual requests an open meeting, an open meeting shall be held; and to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate these items: At 9:46 a.m. Deputy County Attorney Donahoe cited the 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. 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 KPC Open Session Minutes Of November 18, 2022 Page 11 SUBJECT DISCUSSION ACTION 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 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 th at 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) KPC Open Session Minutes Of November 18, 2022 Page 12 SUBJECT DISCUSSION ACTION (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. 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) 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. At 9:50 a.m. the Commission entered Executive Session. Return to Open Session/ ratify the actions taken in Executive Session At 11:50 a.m. the meeting reconvened in open session. Chair Bahouth sought a motion to ratify the actions taken in executive session. Commissioner Morita moved. Commissioner Bestwick seconded the motion, hearing no objections, the motion carried 4:0. Adjournment With no further business to conduct, Chair Bahouth sought a motion to adjourn the meeting. Commissioner Belz moved. Commissioner Bestwick seconded the motion, hearing no objections, the motion carried 4:0. At 11:51 a.m. the adjourned. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Gerald Bahouth, Chair (x) Approved as circulated on December 16, 2022 ( ) Approved as amended. See minutes of ___________ meeting.