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Home My WebLink About2023-02-24 POLICE COMMISSION AGENDA.PDFPOLICE COMMISSION MARY K.HERTOG.CHAIR MONICA BELZ,MEMBER 19 E C Ej yE D ANDREW BESTWICK.VICE CHAIR GERALD BAHOUTH.MEMBER LAURIE YOSHIDA.MEMBER VACANT,MEMBER VACANT.MEMBER ‘23 FEB 16 2 :36 Meetings of the Police Commission will be conducted as follows: •Meetings will be publicly noticed pursuant to HRS Chapter 92 •Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to fi~~~ Police Commission’s website upon completion and approval. Public Comments and Testimony: •Written testimony will be accepted for any agenda item herein. Written testimony indicating your 1)name,and if applicable,you position/title and organization you are representing,2)the agenda item that you are providing comment on,and 3)contact information (telephone number and email address),may be mromo@kauai.gov or mailed to the Police Commission,c/o Office of Boards and Commission,4444 Rice Street, Suite 300,Lihue,Hawaii 96766. Written testimony received by the Police Commission at least 24 hours prior to the meeting will be distributed to all Police Commissioners prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. Any late testimony received will be distributed to the to the members after the meeting is concluded. •Oral testimony will be accepted for any agenda item herein. It is recommended that anyone interested in providing oral testimony register at least 24 hours prior to the meeting by emailing mromo@kauai.gov or calling (808) 241-4920.Any request to register shall include your 1)name,and if applicable, your position/title and organization you are representing,and 2)the agenda item that you are providing comment on,and 3)contact information (telephone number and email address). Per the Police Commission and Chair’s practice,there is a three-minute time limit per testifier per agenda item. Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. SPECIAL ASSISTANCE If you need an auxiliary aid/service or other accommodation due to a disability,or an interpreter for non-English speaking persons,contact Anela Segreti at (808)241-4917 or asegreti@kauai.gov as soon as possible.Requests made as early as possible will allow adequate time to fulfill your request.Upon request,this notice is available in alternate formats such as large print,Braille,or electronic copy. 1 REGULAR MONTHLY POLICE COMMISSION MEETING NOTICE AND AGENDA Friday,February 24,2023 9:00 a.m.or shortly thereafter 4444 Rice Street,Moikeha Building,Meeting Room 2A/2B. Lihu’e,HawaiI 96766 MEETING CALLED TO ORDER ROLL CALL TO ASCERTAIN QUORUM APPROVAL OF AGENDA ANNOUNCEMENTS: •Next Regular Monthly Meeting 9:00 a.m.Friday,March 24,2023 Executive Session to follow.Subject to change. PUBLIC TESTIMONY ON ANY AGENDA ITEMS Oral testimony will be taken at any time during the meeting. APPROVAL OF THE OPEN SESSION MINUTES •January 27,2023 Meeting CHIEF’S MONTHLY REPORTS AND PERTINENT UPDATES AND ANNOUCEMENTS •Administrative &Technical Bureau •Investigative Services Bureau •Patrol Bureau Reports •Chief’s Office •Community Outreach BUSINESS KPC 2022-25: Discussion and decision-making on defining the Climate Assessment Group scope and report all resulting findings and recommendations at the Commission’s second meeting,then at the Commission’s third meeting deliberate and decide on those recommendations. (Deferred on January 27,2023) POLICE COMMISSION —February 24,2023 PAGE 2 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 to the March 24,2023 meeting;request the Matrix Study from Chief Raybuck for the Commissioners to review,then continue discussion and decision-making at the Commission’s March meeting.) 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. KPC 2023-2: Discussion and decision-making on conducting a six-month performance evaluation on Police Chief Todd Raybuck and to establish a permitted interaction group consisting of one to three members of the Commission,but less than the number of members which would constitute a quorum to draft a Consolidated Report on Police Chief Todd Raybuck 6-month performance evaluation for the period of July 1,2022 through December 31,2022. (Deferred on January 27,2023) KPC 2023-9: Discussion and decision-making on establishing a permitted interaction group consisting of one to three members of the Commission,but less than the number of members which would constitute a quorum to draft recommendations regarding the process,procedures,and tools to enhance the chief of police evaluation process in a more cohesive evaluation product. KPC 2023-7: Discussion and decision-making on determining the priority and order of work of the permitted interactions groups.(Deferred on January 27,2023) KPC 2023-10: Report by the permitted interaction group consisting of Chair Mary K.Hertog and Commissioner Laurie Yoshida on recommendations to the Kauai Police Commission Rules and Administrative Practice and Procedure. KPC 2023-11: Public Announcement on the Police Commission’s disposition as it relates to formal notarized citizen complaint KPC 2022-016. POLICE COMMISSION —February 24,2023 PAGE 3 EXECUTIVE SESSION ITEMS Pursuant to Hawai’i Revised Statutes §92-4,§92-5 (a)(2)and (4).The purpose of this executive session is for the Commission to review and discuss charges brought against an officer in the Kauai Police Department,where consideration of matters affecting privacy will be involved, provided that if the individual requests an open meeting,an open meeting shall be held;and to consult with its Attorney on issues pertaining to the Commission’s powers,duties,privileges, immunities,and liabilities as they may relate these items: ES KPC 2023-1: Monthly update by Police Chief Todd Raybuck or his designated representative regarding the Office of Professional Standards Monthly Report on the status and or disposition of formal notarized citizen 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 2022-34: Notarized complaint KPC 2022-012,dated October 4,2022.The complainant alleges that an officer in the Kauai Police Department violated Article Ill,Article VI.B4,and Article Vl.C12 of the Standards of Conduct by ordering the complainant to meet the officer at the police station so that the officer could serve the complainant with a Temporary Restraining Order (“TRO”)for his sister.(Referred to outside investigator) ES KPC 2022-35: Discussion and decision-making on rescinding a motion that was previously adopted by the Police Commission at its January 27,2023 meeting,regarding notarized citizen 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 the Investigation Report. (Referred to the Office of Professional Standards to investigate and report back to the Commission.) ES KPC 2023-4: 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. ES KPC 2023-5: 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 the Kauai County Police Commission Administrative Rules of Practice and Procedure. POLICE COMMISSION —February 24,2023 PAGE 4 ES KPC 2023-7: 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 January 27,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. RETURN TO OPEN SESSION TO RATIFY THE ACTIONS TAKEN IN EXECUTIVE SESSION EXECUTIVE SESSION:Pursuant to Haw.Rev.Stat.(“H.R.S.”)§92-7(a),the Commission may, when deemed necessary,hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance.Any such executive session shall be held pursuant to H.R.S.§92-4 and shall be limited to those items described in H.R.S.§92- 5(a). ADJOURNMENT cc:Deputy County Attorney Chris Donahoe Chief of Police Todd G.Raybuck POLICE COMMISSION —February 24,2023 PAGE 5