Loading...
HomeMy WebLinkAbout2023-01-27 PC APPROVED SESSION MINUTES.pdf OPEN SESSION MEETING MINUTES Board/Commission Kauai Police Commission Meeting Date January 27, 2023 Location Mo`ikeha Building, Meeting Room2A/2B Start of Meeting: 9:02 a.m. 1:03 p.m. Present Chair-elect Mary K. Hertog; Vice Chair Andrew Bestwick; Commissioners Gerald Bahouth, Monica Belz and Laurie Yoshida. 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, Assistant Chief Elliott Ke; Executive Operations Manager David Carmichael; Police Captains Paul Applegate, Mark Ozaki, and Roderick Green; Police Lieutenants James Miller, Lance Okasaki, Stacey Perreira and Darren Rose; Police Sergeants Darla Abbatiello, Morris Unutoa, and Office of Professional Standards Sergeant Kristopher Breyer. Officers of the Month: Sergeant Aaron Bandmann, Officers Jace Ilae, Zachariah Smith and Tyler Chinen. Testifiers Councilmember Felica Cowden Absent SUBJECT DISCUSSION ACTION Meeting Called to Order Vice Chair Bestwick called the January 27, 2023 Kauai Police Commission meeting to order at 9:02 a.m. Roll Call to ascertain quorum Vice Chair Bestwick called for a roll call to ascertain quorum. A quorum was ascertained with Commissioners Gerald Bahouth, Monica Belz, Mary K. Hertog, Laurie Yoshida and Vice Chair Bestwick voicing that they were present to conduct business. Public Testimony Decorum Deputy County Attorney Chris Donahoe read the meeting protocol and rules of Decorum on public testimony in support of and respect for open, fair, and informed decision- making process. Compliance with the meeting protocol is expected and appreciated. Election of Chair for Calendar Year 2023 Prior to calling for nominations for Chair, Vice Chair Bestwick took the opportunity to welcome former Police Commissioner Mary K. Hertog back to the Commission and new member Commissioner Laurie Yoshida to the Police Commission. Being there was no public testimony on the item, Vice Chair Bestwick open the nominations for Chair. Commissioner Bahouth nominated Commissioner KPC Open Session Minutes Of January 27, 2023 Meeting Page 2 SUBJECT DISCUSSION ACTION Mary K. Hertog for Chair. Commissioner Yoshida second the nomination. Hearing no objections, Commissioner Hertog was selected Chair for Calendar Year 2023. Approval of Agenda Chair Hertog sought a motion to approve the January 27, 2023, agenda. Commissioner Yoshida moved to approve the January 27, 2023 agenda. Commissioner Belz seconded the motion. Hearing no objections, the agenda was approved. Announcements Chair Hertog announced that the next Monthly Police Commission meeting will be on Friday, February 24, 2023, at 9:00 a.m. Executive Session to follow. Subject to change. Public Testimony on any of the items listed on the agenda Chair Hertog called for public testimony. Approval of Minutes Chair Hertog sought a motion to approve the minutes as circulated or make any amendments the minutes. Commissioner Bahouth moved to approve the December 16, 2022 open session meeting minutes as circulated. Vice Chair Bestwick seconded the motion, hearing no objections, the minutes were approved. Employees of the Month for December 2022(Deferred The Kauai Police Department proudly honored Acting Sergeant Aaron Bandmann and Officers Jace Ilae and Zachariah Smith for their exemplary law enforcement service, and devotion to duty and the safety of the community. KPC Open Session Minutes Of January 27, 2023 Meeting Page 3 SUBJECT DISCUSSION ACTION on December 16, 2022) Police Chief Raybuck called on Police Lt. Darren Rose to present the Commendation Report for the Officers of the Month. On October 17, 2022, Officers Aaron Bandmann, Jace Ilae and Zachariah Smith responded to a juvenile who was in mental distress. After arriving on the scene, the officers came upon the juvenile who was holding a knife to his throat, the officers began to deescalate the situation by building a repour with the juvenile. Using their communication skills, they were able to convince the juvenile to place the knife on the floorboard of the vehicle, and although they continued to communicate with the juvenile, he was verbally non-responsive and was still within reach of the knife. Officer Bandmann saw an opportunity to separate the juvenile from the knife and with the assistance of Officer Smith they were able to remove the juvenile from the vehicle. The juvenile was not injured and was transported to the hospital for treatment by mental health professionals. Because of those officers ability to deescalate a situation through communication it played a critical role in preventing anyone from getting hurt and made it possible for the juvenile to receive treatment by mental health professionals. Chief Raybuck stated that like the entire country the island Kauai is experiencing an influx of mental health crisis. Unfortunately, mental health services have been insufficient, and there are limited options and long waits are the norm. More often than not, it’s the police officers who are first to respond and depending on the outcome of the situation not only will it impact the individual’s family members it will also impact the police officers for the rest of their law enforcement careers. As Chief of Police for the Kauai Police Department, he would like to commend Officers Bandmann, Ilae and Smith for their outstanding communication skills and devotion to keeping the community safe. He noted that like Lt. Rose stated earlier those officers communication skills helped to deescalate a situation whereas if the outcome was different, it would have been devastating for everyone involved. KPC Open Session Minutes Of January 27, 2023 Meeting Page 4 SUBJECT DISCUSSION ACTION All five (5) Commissioner including Councilmember Felica Cowden expressed their appreciation for Officers Bandmann, Ilae and Smith for their exemplary service in keeping the community safe and their devotion to duty. Employee of the Month for January 2023 The Kauai Police Department proudly honored Officer Tyler Chinen as their Officer of the Month for January 2023. Officer Chinen has been with the Kauai Police Department for also four (4) years. Chief Raybuck called on Sergeant Darla Abbatiello to present the Commendation Report for Officer Tyler Chinen. In August 2021, Officer Chinen was assigned to third watch in the Waimea and Kōloa districts. Although Officer Chinen was not assigned to her squad, she could tell by the interactions that she had with him in cases that he was well under the way of becoming a positive role model for the Kauai Police Department and she looks forward to working with him. In November 2021, her opportunity to work with him presented itself from the first she worked with him up until now, she has seen Officer Chinen mature and exhibit great work ethics. He also participates in various community policing projects and is very proactive in the community by working with his fellow officers and other agencies to deter illegal activities from occurring in the Kōloa and Waimea communities. The smiles and relief from the citizens knowing that their community is safe was priceless. Officer Chinen also took part in a Smash and Grab investigation in which a local store loss valuable property. During a morning briefing Officer Chinen learned from a fellow beat partner of a similar crime that happened around the same time in the same area. With very little evidence to work with Officer Chinen desire to solve the case eventually led him to the suspects location where they were arrested without incident. As part of his case, Officer Chinen took it upon himself (he has never written a warrant before) to write the search warrant and it was approved expeditiously and all of the victims stolen items were recovered. KPC Open Session Minutes Of January 27, 2023 Meeting Page 5 SUBJECT DISCUSSION ACTION Police Chief Raybuck expressed his appreciation for Sergeant Abbatiello for always looking for ways to recognize her subordinates. Being a police officer is hard work and Officer Chinen’s write-up by his supervisor Sergeant Abbatiello speaks volumes of devotion to his duty, and commitment in keeping the community safe. All five (5) Commissioner including Councilmember Felica Cowden expressed their appreciation for Officer Chinen for his dedication and exemplary service in keeping the community safe. Chief’s Monthly Bureau Reports & Pertinent Updates for December 2022 • Administrative and Technical • Investigative Services • Patrol • Chief’s Office – Community Outreach Chair Hertog called for public testimony on the Chief’s Monthly Reports. There was no public testimony. Chief Raybuck asked the Commissioners if they had any questions regarding the data reflected in the Monthly Reports. There were no questions from the Commissioners. Chief Raybuck spoke about the KPAL (Kauai Police Activities League). • Recognized Acting Assistant Chief Mark Ozaki and Lt. Lance Okasaki who for years played a major role in all of the KPAL youth activities. • Just recently Sergeant Morris Unutoa hung-up his detective hat and took the SRO KPAL position. Officer Charles Bedford is KPAL’s main programmer. • Youth activities include youth wrestling, flag football (looking for coaches for KPAL summer football program. KPD is looking for ways to support KPAL. • KPD signed a three (3) year lease with the Kauai Filipino Cultural Center to use roughly 3000 square feet for a boxing arena and an designated area for wrestling, and in the future KPAL will hold gymnastics classes and have a cheerleading program for the Kauai’s youth. KPC Open Session Minutes Of January 27, 2023 Meeting Page 6 SUBJECT DISCUSSION ACTION Chief Raybuck, in response to Commissioner Bahouth questioning, responded that in the past years, KPD has received a lot of funding from generous donors across the island. The monetary donations were used to purchase equipment and secure the necessary resources like coaches and referees. Last year, Mayor Derek Kawakami secured $300,000 in federal funding which was approved by council for KPAL to lease a space at the Filipino Cultural Center in Puhi. Administrative and Technical Bureau Captain/Acting Assistant Chief Mark Ozaki, in response to Commission Bahouth’s questioning, responded that the cost for KPAL to run their programs when fully operational is $48,000 a year. In prior years, KPAL did not have to pay rent but moving forward it will have to. There are monies in their non-profit account that were not used due to covid, so KPAL is fiscally sound for the time being. Chief Raybuck noted that for the past 10-15 years the Mahelona Hospital in Kapa’a has graciously allowed KPAL to use a space at their facility at no cost. Captain Ozaki, in response to Chair Hertog’s questioning, responded that KPAL is considered a non-profit 501 c by the IRS, however, that status is on hold because for the past three years KPAL has not been accepting monetary donations due to covid, and until that non-profit status is cleared KPAL will not be seeking or accepting any monetary donations. Captain Ozaki, in response to Vice Chair Bestwick’s questioning, responded that KPAL on Kauai has been around for a couple of decades and most of the donations were earned by trust in that KPD had the ability to implement a variety of programs for Kauai’s youth; unlike KPAL Honolulu all of their funding comes from the City and County of Honolulu. However, despite of all of the monetary donations KPAL has received in the past years, the County of Kauai has really stepped up and Mayor Kawakami is a big supporter of the KPAL Program. In addition, KPAL is part of a recruitment effort to get the youth of Kauai interested in a career in law enforcement. KPC Open Session Minutes Of January 27, 2023 Meeting Page 7 SUBJECT DISCUSSION ACTION Chief Raybuck, in response to Vice Chair Bestwick’s questioning, responded that although KPAL is considered a non-profit 501c, it is not run by KPD it is overseen by a non-profit board. For a variety of reasons, it has been a challenge for KPAL to have the IRS to re-institute it as a non-profit 501c status because KPAL was dormant for the past three (3) years due to covid. He noted that the remaining funds will only be used for youth activities. Chair Hertog stated that due to time constraints the matter can be placed on a future agenda for more discussion. Recess At 9:54 a.m. Chair Hertog called for a 10-minute recess. At 10:01 a.m. Chair Hertog called the meeting back to order. Business 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 December 16, 2022) There was no public testimony on the item. Vice Chair Bestwick explained that the permitted interaction group loss two (2) members and would need two (2) volunteers from the Commission to fill those vacancies. Administrator Ching stated that the discussion and decision-making on adding two (2) additional Commissioners on the permitted interaction group should be on the Commission’s February agenda. Chair Hertog sought a motion to defer the item to the Commission’s meeting in February. Vice Chair Bestwick moved to defer item KPC 2022-2 to the Commission’s February meeting. Commissioner Yoshida seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 8 SUBJECT DISCUSSION ACTION KPC 2022-25 Discussion and decision-making on the next steps regarding the Climate Assessment which may include discussion and decision-making to establish a 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 December 16, 2022) There was no public testimony. Administrator Ching explained that because previous climate assessment was already completed that permitted interaction group was dissolved. What is on the agenda today is for the Commission to decide on the next steps – whether it wants to conduct a second climate assessment or not. If the Commission decides that it wants to conduct a second climate assessment the Commission needs to form a PIG to debate the issue and report back to the body. Ms. Ching, in response to Chair Hertog’s questioning, responded that the first Climate Assessment was conducted on October 25, 2021 to November 2, 2021. The Police Commission Climate Assessment Results Report dated December 8, 2021 was presented to the Police Commission at its meeting on August 26, 2022. Commissioner Bahouth noted that subsequently to the Police Commission’s Climate Assessment SHOPO conducted its own survey, so he feels at this point everyone was surveyed out. Vice Chair Bestwick stated that creating a pattern of climate assessment is the best functional way to understand the climate and to do that he feels that the Commission should conduct multiple assessments in a row then doing it once in a while. Looking ahead, the Commission needs to find an organization to manage every aspect of the climate assessment. KPC Open Session Minutes Of January 27, 2023 Meeting Page 9 SUBJECT DISCUSSION ACTION Commissioner Bahouth stated that he agrees with Vice Chair Bestwick to find an organization to conduct every aspect of the climate assessment objectively because doing a climate assessment isn’t within the purview of Boards and Commissions. Commissioner Yoshida stated that based on the language in the agenda the Commission can establish a new permitted interaction group. With that being said, Chair Hertog sought a motion to create a permitted interaction group. Chair Hertog called for volunteers to serve on the permitted interaction group. Vice Chair Bestwick volunteered. Commissioner Belz volunteered. Chair Hertog stated that she would like to recommend a two-member PIG because other permitted interaction groups are going to be developed. Motion No.1 Vice Chair Bestwick moved to establish a permitted interaction group. Commissioner Yoshida seconded the motion. Hearing no objections, the motion carried 5:0. Motion No. 2. Commissioner Yoshida moved to designate Vice Chair Bestwick and Commissioner Belz to serve on the Climate Assessment permitted interaction group. Commissioner Bahouth seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 10 SUBJECT DISCUSSION ACTION Chair Hertog stated that the next step is to define the PIG’s scope of work. Deputy County Attorney Donahoe advised the Commissioners that if it’s not ready to define the Group’s scope of work it would best to place the matter on the next meeting agenda for discussion and decision-making. Chair Hertog agreed, then called for the motion. MotionNo. 3. Commissioner Bahouth moved to discuss and decide on the PIG’s scope of work at the Commission’s February meeting. Commissioner Yoshida seconded. Hearing no objections, the motion carried 5:0. KPC 2022-30 Discussion and decision-making on conducting an audit on the Kauai Police Department which may include discussion and decision-making to establish a 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 defining the group’s scope of work which may include: (Deferred on December 16, 2022) 1. Determining the process to have an audit performed. 2. Defining the scope of the audit. 3. Drafting any and all documents related to items #1 and #2. Councilmember and Committee Chair on Public Safety, Felicia Cowden testified that she did the research and found that council has the funding to conduct the audit and is willing to support the Commission in whatever way is needed because typically, council is the body that conducts the audits. She voiced her concerns on making sure that the questions are on point to ensure that all responses are valuable and are not bias. Vice Chair Bestwick thanked Councilmember Cowden for her advice. He noted that to his understanding an audit was done in the past and questioned whether it was possible to evaluate the questions in that audit so that the Commission could ascertain whether it would like to pursue another audit or not. Auto Reply.msg KPC Open Session Minutes Of January 27, 2023 Meeting Page 11 SUBJECT DISCUSSION ACTION Councilmember Cowden stated that an email should be sent to her, and she will forward the request to council’s records department, but she will say that in her four (4) years on the council, council has never done an audit on the Police Department. Chair Hertog pointed out that at the request of the former Police Commissioners, KPD did a Matrix Study and would refer it to Chief Raybuck for his input. She will say for certain that the Study was done prior to him becoming Chief of Police for the Kauai Police Department. For her edification, would the audit be on what the public feels on how the Police Department is doing. Commissioner Bahouth stated that based on Managing Director Michael Dahilig’s comments he mentioned two types audits - financial and operational audits. Ms. Ching stated that in any organization there are fiscal audits and programmatic audits that examines an organization’s operations and functionality i.e., does the organization have enough manpower, are there to many vacancies, as well as a whole array of other things. For this particular PIG (if the Commission decides to form a PIG) the first question members of the PIG should ask is does it want to conduct an audit and if so what type of audit. A good place for the PIG to start is to review the Matrix Study that was requested by the previous Police Commission on the Kauai Police Department. Chair Hertog called on Chief Raybuck to address the Matrix Study. KPC Open Session Minutes Of January 27, 2023 Meeting Page 12 SUBJECT DISCUSSION ACTION Chief Raybuck stated that relative to the audit that was done, there was information that the audit had not considered so the audit had to be redone on the patrol side and that Audit Report (if his memory serves him correct) was provided to Commission and or Council in September of 2021 or 2022. He noted that if it’s within the scope of the Police Commission’s purview, he would be more than happy to provide the Commission with an overview of what the Matrix Study along with an update on the issues the Department was able to focus on in terms of the recommendations that were made. He noted that because February is a short month, and the Department is in the process of going through its budgetary reviews he would like to request an extension of time so that he can prepare his written summary. Councilmember Cowden noted that Council did receive a copy of the Matrix Study as stated earlier by Chief Raybuck. Commissioner Yoshida stated that looking at the agenda item she would like to make a motion to create a permitted interaction group. Chair Hertog stated that rather than the Commission forming a PIG she would like the Commissioners to read the Matrix Study first so they can have an idea on what the auditors looked at and then come back and decide on whether the Commission should form a PIG to start the audit. Vice Chair Bestwick agreed. Due to a lack of a second to create a PIG, Chair Hertog sought a motion for the Commissioners to read the Matrix Study first and evaluate its contents and then have a discussion and decision-making on conducting an audit at the next meeting. Commissioner Bahouth stated that addition to reading the Matrix Study he would like Chief Raybuck to provide the Commission with a synopsis as to what has happened since the Matrix Study was done. KPC Open Session Minutes Of January 27, 2023 Meeting Page 13 SUBJECT DISCUSSION ACTION Commissioner Belz stated that based on Chief Raybuck’s synopsis the Commission could then decide on what it’s next steps would be to which Commissioner Bahouth replied absolutely. Vice Chair Bestwick clarified that step one is to receive and read the Matrix Study first, step two is for Chief Raybuck to provide the Commission with a written synopsis, and step three is for the Commission to decide whether it wants to conduct an audit or not. Commissioner Bahouth noted that after reading the Matrix Study the Commission could find something else in the study that it would like to examine further. Ms. Ching reminded the Commissioners that Council is a legislative body that conduct audits therefore if the Commission decides that it wants Council to conduct an audit the request for an audit should identify the specific procurement needs. Another point that Ms. Ching brought up was the issue of funding and where it will come from either the legislative branch or the administration. Chair Hertog stated that the motion on the floor is for Chief Raybuck to provide the Matrix Study to the Commissioners to read and evaluate before the Commission’s February 24, 2023, meeting, then called for the vote. Chief Raybuck respectfully asked Chair Hertog if he provide a written summary at the Commission’s March 24, 2023, meeting being that February was a short month and the Department is going through its budgetary reviews. Chair Hertog sought a motion to that effect. Motion No. 1 Commissioner Belz moved that Chief Raybuck provide the Matrix Study to the Commissioners to read and evaluate before the Commission’s February meeting. Commissioner Yoshida seconded the motion. Hearing no objections, the motion carried 5:0. Motion No.2 Commissioner Yoshida moved that at the Commission’s March 24 meeting, Chief Raybuck provide the Commission with a written synopsis. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 14 SUBJECT DISCUSSION ACTION KPC 2023-1 Letter of resignation dated 1/20/2023, from Police Commissioner Leina`ala Jardin to Chair Bahouth and her entire Kauai Police Commission ‘‘Ohana. There was no public testimony. Commissioner Bahouth expressed his gratitude for the support Commissioner Jardin has given the Police Commission over the years. Chair Hertog stated that she had the privilege of serving with Commissioner Jardin on the Police Commission for five (5) years. She was a great asset to the Commission and will be missed. Commissioner Yoshida wished Commissioner Jardin great things for the 2023. Merrie Monarch Competition on Hawaii Island especially her daughter who will competing for the prestigious title of Miss Aloha Hula 2023. Commissioner Belz moved to receive item KPC 2023-1 for the record. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC 2023-2 Discussion on conducting a six-month performance evaluation on Police Chief Todd Raybuck and to establish a permitted interaction group consisting of two or more members of the Commission, but less than the number of members which would constitute a quorum to draft a consolidated six-month performance evaluation on Police Chief Todd Raybuck for the period of July 1, 2022 through December 31, 2022. There was no public testimony. Deputy County Attorney Chris Donahoe requested that the Commission defer the matter being that the agenda item does reflect such language on decision-making on conducting a six-month performance evaluation on Chief Raybuck or to establish a permitted interaction group. Ms. Ching asked if how the language is written on the agenda would prohibit them from sending the evaluation form to the Commissioners being that forming a PIG will be Commissioner Yoshida moved to defer item KPC 2023-2 to the Commission’s February 24, 2023, meeting for discussion and decison-making on conducting a 6-month performance evaluation on Police Chief Todd Raybuck for the period of July 1, 2022 to December 31, 2022; and to establish a permitted interaction group to draft a Consolidated Report. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried KPC Open Session Minutes Of January 27, 2023 Meeting Page 15 SUBJECT DISCUSSION ACTION deferred to the next meeting to which Deputy County Attorney Donahoe replied that it would be copasetic to do that. Commissioner Yoshida pointed out that because she was not on the Police Commission during the Chief’s evaluation period, to be fair she would not be participating with the Chief Raybuck’s performance evaluation. 5:0. KPC 2023-3 Discussion and decision-making on salary adjustments for Police Chief Todd Raybuck. Reference documents: 1. Memorandum dated December 27, 2022, from Michael A. Dahilig Managing Director to Board, Commission, and Committee Chairs. 2. Salary Resolution 2022-1 3. Salary Resolution 2019-1 4. Table of Projected Increases There was no public testimony. Chair Hertog sought a motion to receive the four (4) pieces of reference documents numbered 1-4. After the motion passed, Ms. Ching gave a detailed description of the data reflected in the individual reference documents that was provided to the Commissioners in their meeting packets. Motion No. 1 Commissioner Yoshida moved to receive reference documents numbered 1-4 for the record. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 16 SUBJECT DISCUSSION ACTION Commissioner Yoshida stated that prior to coming on to the Police Commission she was a member of the Salary Commission and one of challenges they faced was the salary inversions and not being able to break away from it; however, the Salary Commission is making progress to address the inversions. As it currently stands, some subordinates make much more in salary than their respective department head because the subordinates salaries are negotiated through union contract and certain department heads (police and fire chief) are appointed positions and their maximum salary caps are established by the Salary Commission. Ms. Ching in response to Commissioner Bahouth’s questioning, responded that the last Salary Resolution was passed by Council in 2019, and that the department heads who are hired by their respective commissions the commission may set the salary at an amount lower than the maximum cap or at the maximum cap which became effective on July 1, 2019. However, at that time the mayor stated that he would not be adjusting salaries for the department heads under his purview for at least a year and without a job performance review. Chair Hertog, in response to Commissioner Bahouth questioning, responded that Chief Raybuck last increase occurred in 2019, effective July 1, 2019 which makes it three and a half years since his last increase. Ms. Ching, in response to Chair Hertog’s questioning, responded that each Commission has taken a different approach in that one commission granted an increase effective January 1, 2023 through June 30, 2023. All the other commissions are moving their evaluation period from an annual to a fiscal year because they understand that the budget will have an effect on whether the goals and objectives are met. Another commission passed a motion to adjust the salary of their respective department head in its entirety. Chair Hertog called on Chief Raybuck to address Vice Chair Bestwick’s question about salary inversions. KPC Open Session Minutes Of January 27, 2023 Meeting Page 17 SUBJECT DISCUSSION ACTION Chief Raybuck thanked the Salary Commission for trying to address the inversion. He explained that the inversions are prohibitive in many examples to promote people from within the organization’s to a higher-ranking level because in essence they would take a significant decrease in pay to take those type of promotions which goes a long way in allowing KPD to develop leaders from within its organization that can afford to take high level positions. SHOPO was successful in getting 5% raises for its membership. The way the salaries are set is you have a base salary based on years of service. As an example, a police captain salary as of July 2022 will be at almost $146,000.00 As of July 2023 that police captain salary will increase to $152,868.00. It’s a comparison to show the inversions between a police chief and a deputy chief salary. Chief Raybuck, in response to Commissioner Bahouth’s questioning responded that the numbers he just mentioned for the police captain is their base pay and does not reflect overtime and any stand-by pay which is not allowable for police chief and deputy police chief. Chair Hertog recognized Mr. Roy Asher. To clarify, SHOPO Business Agent Roy Asher stated that the salary matrix Chief Raybuck was referring to does not address police captain salary. In response to Chief Raybuck’s question, Mr. Asher responded that a PO 15 refers to pilots. Chief Raybuck apologized to the Commissioners for the confusion and asked if a PO 13 represent the highest rank to which Mr. Asher replied yes, and explained that an officer who is promoted to an EM position (police captain) salary starts off with a 10% pay raise based on what he was referring to earlier he was talking about a lieutenant position. Ms. Ching suggested that a request is made to the Department of Human Resources to provide the Police Commission with a table reflecting salary inversions of all appointed county department heads or Chair Hertog could call for recess and have staff make copies of the Report that was part of the memorandum that was sent to the County Council that included the salary inversions. KPC Open Session Minutes Of January 27, 2023 Meeting Page 18 SUBJECT DISCUSSION ACTION Commissioner Bahouth stated that being that the caps have already been set by the Salary Commission and no changes can be made in his eyes all the Police Commission has to decide on is what the increment would be. In his opinion, when looking at the salaries of other positions within KPD he would give the chief of police the 5% increase because if the Commission does not do that the inversions will just continue. Commissioner Yoshida in response to Vice Chair Bestwick’s questioning, responded that when deciding on the maximum caps the Salary Commission looked at the ability to fill the position, inversions, inflation, and what the bargaining units are receiving. The Salary Commission did not consider the person’s job performance because it was for the appoint authority to determine. Vice Chair Bestwick wanted to know by not adjusting the chief’s salary would not delay or impede the chief’s salary because the adjustment would be based on his performance to which Commissioner Bahouth replied yes, but the disadvantage to that no one within the organization at an assistant chief or police captain level is going want to apply for the chief’s position because they would have to take a significant pay cut. He asked Commissioner Yoshida if the Salary Commission did a market analysis outside of the inversion of what the market pays for chief of police to which Commissioner Yoshida replied to some degree, the Commission looked at the pay level for the difference department heads from the other counties. Like she said earlier, trying to solve the inversions is impossible. Commissioner Belz asked if the table of projected salaries is a reflective of the fair market values to which Commissioner Yoshida replied yes, although Kauai County is the smallest county it’s still the lowest compared to other counties within the state. Chief Raybuck in response to Commissioner Bahouth’s questioning, responded that the total budget is 43 million dollars which includes salaries and overtime benefits. KPC Open Session Minutes Of January 27, 2023 Meeting Page 19 SUBJECT DISCUSSION ACTION Chair Hertog called for recommendations on the Chief’s salary. Discussion Vice Chair Bestwick stated that he’s not in favor of Commissioner Bahouth’s motion because of the complaints filed against the Chief and results of the climate assessment and because it’s about performance. Chair Hertog stated that the amount could be less than the cap or in a 6-month increment which is from January 1, 2023 to June 30, 2023. Commissioner Belz asked Ms. Ching to repeat what she said earlier about requesting information from HR. Ms. Ching stated that because the discussion was focused on inversions, she suggested that the Commission take a short recess then staff could make copies of the information the Salary Commission received that was sent to council or the Commission could ask for deferral to the next meeting then she can ask for HR run the latest inversion report so the Commission could see all the different inversions within the county. Commissioner Yoshida stated that she doesn’t think that adjusting the Chief’s salary should be based on the salary inversions. Vice Chair Bestwick agreed because inversions are just that and it really shouldn’t have any bearing on the Commission’s decision. Commissioner Bahouth stated that there are other ways to address the Chief’s performance and it shouldn’t affect any salary adjustment besides the county is not set-up where it gives yearly increases; and three years later the Chief ‘s behind in salary. Motion No.2 Commissioner Bahouth moved to adjust Police Chief Todd salary as outlined in the table of projected increases through 2025. Vice Chair Bestwick seconded the motion. KPC Open Session Minutes Of January 27, 2023 Meeting Page 20 SUBJECT DISCUSSION ACTION Vice Chair Bestwick stated that it starts from the Salary Resolution. Commissioner Yoshida commented that the Commission could give the new person the maximum cap, but only within a specified year. Commissioner Belz asked if it would be appropriate to wait until the Chief’s 6-month evaluation is completed before deciding. Chair Hertog stated that the Commission already have a completed performance evaluation of Chief Raybuck that has been signed by the Chair and the Chief. Therefore, she thinks that the Commission should decide today based on the results of that particular performance evaluation. Vice Chair Bestwick stated that he had recuse himself from taking part of that evaluation because during that time period he was not on the Police Commission. Commissioner Belz echoed Vice Chair Bestwick’s comment. Chair Hertog also noted that she wasn’t on the Police Commission as well. Ms. Ching stated that not taking part in the Chief’s evaluation does not prohibit the Commission from taking up the issue at any time. Chair Hertog stated that she doesn’t think that the Commission should kick the can down the road. Because quite frankly, she firmly believes that the previous Commissioners completed the evaluation gave her the reassurance where she can move forward with a motion, but she can’t make a motion because as Chair she is not allowed to. But she could make a recommendation based on Chief Raybuck’s evaluation for the period of July 1, 2021 – June 30, 2022 to adjust his salary by increment or 6-months by than the Commission should have his next evaluation completed. With no further discussion, Chair Hertog called for a roll call vote to give Chief Raybuck a 5% across the board increase through 2025. A roll call vote ensued: Commissioner Belz - Nay Commissioner Bahouth - Aye Commissioner Yoshida - Nay Vice Chair Bestwick - Nay Chair Hertog - Nay Motion failed by 4:1 vote. KPC Open Session Minutes Of January 27, 2023 Meeting Page 21 SUBJECT DISCUSSION ACTION Motion No. 3 Commissioner Belz moved to grant Chief Raybuck a 5% increase based on the first 6- month increment and based on his evaluation period of January 1, 2023 to June 30, 2023. Commissioner Yoshida seconded the motion. Hearing no objections, a roll call ensued. Commissioner Belz – Aye Commissioner Bahouth – Aye Commissioner Yoshida – Aye Vice Chair Bestwick – Aye Chair Hertog – Aye The motion carried unanimously. Motion No. 3 Commissioner Yoshida moved to receive reference documents 1-4 for the record. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 22 SUBJECT DISCUSSION ACTION KPC 2023-4 Memorandum dated December 27, 2022, from Michael Dahilig, Managing Director to Board, Commission, and Committee Chairs regarding meeting format (in-person, virtual or hybrid). There was no public testimony. Chair Hertog sought a motion to receive item KPC 2023-4 for the record. Commissioner Belz stated that her preference would be to hold the meetings via Hybrid because it lends to the ability for quorum to be more probable, although she does recognize it has cons for Boards and Commissions, but she open to hearing those to. Vice Chair Bestwick stated that holding the meeting via Hybrid should be done only in extreme scenarios when quorum is in question. Commissioner Yoshida stated that as much as possible she would prefer to hold the meetings in-person. Chair Hertog noted that holding a hybrid meeting is possible as long as staff has advance notice so she can obtain the necessary equipment. Ms. Ching stated that her office would have to borrow the necessary equipment which is not to say it cannot be done but will be difficult. She shared that the other Commissions voted to hold in-person meetings, but at the call of the Chair the Commission could hold hybrid meetings. Chair Hertog stated that she would prefer to meet in-person as much as possible but leave the door open in case there’s not enough members to make a quorum. Commissioner Bahouth commented that the Commission would lose the connection with the officers and the Police Department by not holding the meetings in-person, he knows because he saw that happen during covid. Motion No.1 Commissioner Yoshida moved to receive item KPC 2023-4. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 23 SUBJECT DISCUSSION ACTION With no further discussion, Chair Hertog sought a motion. Motion No. 2 Commissioner Yoshida moved to hold the Police Commission Meetings in-person, and at the request of the Chair the meeting can be moved to a hybrid meeting for quorum and for any purpose. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC 2023-5 Update on revision to Rule 11 of the Kauai County Police Commission Administrative Rules of Practice and Procedure. There was no testimony. Deputy County Attorney Donahoe stated that in reviewing Rule 11 it appears that there needs to be necessary changes and that he is working with the other counties to try to streamline the process. His advice would be to form a permitted interaction group to work on coming up with new language which may overlap in other rules as well which segways to the next agenda item. KPC 2023-6 Discussion and decision-making on conducting and establishing a permitted interaction group consisting of two or more members of the Commission, but less than the number of members which would constitute a quorum to review and make recommendations to the Kauai Police Commission Rules and Administrative Practice and Procedure. There was no public testimony. KPC Open Session Minutes Of January 27, 2023 Meeting Page 24 SUBJECT DISCUSSION ACTION Deputy County Attorney Donahoe recommended that the Commission establish a permitted interaction group to make recommendations regarding the Kauai Police Commission Rules and Administrative Practice and Procedure, and not be limited to just Rule 11 because it may affect the language in the other rules. With no further discussion, Chair Hertog sought a motion to establish a permitted interaction group to work with Mr. Donahoe. Chair Hertog asked for volunteers to serve on the permitted interaction group. Commissioner Yoshida and Chair Hertog volunteered. A motion was sought to that effect. Chair Hertog sought a motion to define the scope of the PIG’s work to make recommendations to the Kauai Police Commission Rules and Administraitve Procedures. Motion No. 1 Vice Chair Bestwick moved to establish a permitted interaction group. Commissioner Yoshida seconded the motion. Hearing no objections, the motion carried 5:0. Motion No. 2 Commissioner Belz moved to designate Chair Hertog and Commissioner Yoshida to serve on the permitted interaction group. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. Motion No. 3 Commissioner Yoshida moved that the scope of the PIG is to make recommendations to the Kauai Police Commission Rules and Administraitve Procedures. Commissioner Belz seconded the motion. Hearing no objections, the motion carried 5:0. KPC Open Session Minutes Of January 27, 2023 Meeting Page 25 SUBJECT DISCUSSION ACTION KPC 2023-7 Discussion and decision-making on determining the priority and order of work of the permitted interactions groups. There was no public testimony. Ms. Ching stated that the two (2) PIG’s that are active are the Climate Assessment Group and the Kauai Police Commission Rules and Administraitve Procedures Group. The audit group is pending. Chair Hertog sought a motion to defer item KPC 2023-7 for continued discussion and possible decision-making at the Commission’s February meeting. Commissioner Yoshida moved to defer item KPC 2023-7 for continued discussion and decision-making at the Commissionʻs February 24, 2023, meeting. Vice Chair Bestwick seconded the motion. Hearing no objections, the motion carried 5:0. KPC 2023-8 Public Announcement on the Police Commission’s disposition as it relates to formal Notarized Citizen Complaint No. KPC 2022-015. Chair Hertog read the public announcement into the record. At its December 16, 2022, meeting the Kauai Police Commission reviewed the abovementioned complaint alleging that three (3) officers in the Kauai Police Department violated their oath of office. After full review of the body-worn camera footage, there were no supporting evidence to sustain that any act of unlawfulness or violation occurred. Therefore, the officers were exonerated. This officially concluded the Kauai Police Commission’s review of formal notarized complaint KPC 2022-015. Commissioner Bahouth moved to recieve item KPC 2023-8 for the record. Commissioner Belz seconded the motion. Hearing nio objections, the motion carried 5:0. 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 11:23 a.m., Deputy County Attorney Chris Donahoe read the Hawai‘i Revised Statues to take the meeting into Executive Session. KPC Open Session Minutes Of January 27, 2023 Meeting Page 26 SUBJECT DISCUSSION ACTION Monthly update by Police Chief Todd Raybuck or his designated representative on the status and or 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. Discussion and decision-making on notarized complaint KPC 2022-014, received on December 5, 2022, filed against an officer in the Kauai Police Department. The complainant alleges misconduct, intimidation, condescending, blaming, profiling, bias, breach of confidentiality and ambiguity and errors in Investigative Report. (Referred to the Office of Professional Standards to investigate and report back to the Commission.) 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. (Referred to outside investigator; selection to be determined) New notarized citizen complaint KPC 2022-016, filed on December 14, 2022, against an on-duty Police Officer in the Kauai Police Department. The complainant alleges that he was morally, physically, and verbally attacked, and everything he owned was destroyed. Monthly update by Police Chief Todd Raybuck 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. KPC Open Session Minutes Of January 27, 2023 Meeting Page 27 SUBJECT DISCUSSION ACTION 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. 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. (c) Discussion and decision-making on approving the revision to the Consolidated Report as it relates to Police Chief Todd Raybuck’s fiscal year Performance Evaluation for the period of July 1, 2021, to June 30, 2022. 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 Open Session item KPC 2023-5 Update on revision to Rule 11 of the Kauai County Police Commission Administrative Rules of Practice and Procedure. ES KPC 2023-6 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 December 16, 2022,meeting. Where consideration of matters affecting privacy will be involved and to consult with its Attorney on issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities as they may relate to this item. Chair Hertog sought a motion to take the meeting into Executive Session. Commissioner Yoshida moved to take the meeting into Executive Session. Vice Chair KPC Open Session Minutes Of January 27, 2023 Meeting Page 28 SUBJECT DISCUSSION ACTION Bestwick seconded the motion. Hearing no objections, at 11:27 a.m. the Commissioners entered Executive Session. Return to Open Session to ratify the actions taken in Executive Session At 1:02 p.m. the meetingreconvened in open session. Chair Hertog sought a motion to ratify the actions taken in executive session. Commissioner Yoshida moved to ratify the actions taken in Executive Session. Commissioner Bahouth seconded the motion. Hearing no objections, the motion carried 5:0. Adjournment With no further business to conduct, Chair Hertog sought a motion to adjourn the meeting. Commissioner Yoshida moved to adjourn the meeting. Commissioner Belz seconded the motion. Hearing no objections, the meeting adjourned at 1:03 p.m. Submitted by: __________________________________ Reviewed and Approved by: _________________________________________ Mercedes Omo, Staff Support Clerk Mary K. Hertog, Chair (x ) Approved as circulated on February 24, 2023. ( ) Approved as amended. See minutes of ___________ meeting.