The URL can be used to link to this page

Home My WebLink About2023-01-27 PC Agenda.pdf 1 POLICE COMMISSION MONICA BELZ, MEMBER GERALD BAHOUTH, MEMBER MARY K. HERTOG, MEMBER LAURIE YOSHIDA, MEMBER VACANT, MEMBER , CHAIR ANDREW BESTWICK, VICE CHAIR 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 the Police Commission’s website upon completion and approval. Public Comments and Testimony: • Written testimony will be accepted for any agenda item herein. o 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. o 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. o 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. o 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. o 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). o Per the Police Commission and Chair’s practice, there is a three-minute time limit per testifier per agenda item. o 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. PAGE 2 POLICE COMMISSION – January 27, 2023 REGULAR MONTHLY POLICE COMMISSION MEETING NOTICE AND AGENDA Friday, January 27, 2023 9:00 a.m. or shortly thereafter 4444 Rice Street, Moikeha Building, Meeting Room 2A/2B. Līhu‘e, Hawai‘i 96766 MEETING CALLED TO ORDER ROLL CALL TO ASCERTAIN QUORUM ELECTION OF CHAIR FOR CALENDAR YEAR 2023 APPROVAL OF AGENDA ANNOUNCEMENTS: • Next Regular Monthly Meeting 9:00 a.m. Friday, February 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 OF • December 16, 2022, Meeting EMPLOYEES OF THE MONTH FOR DECEMBER 2022 (Deferred on 12/16/2022) • Acting Sergeant Aaron Bandmann, Officers Jace Ilae, and Zachariah Smith EMPLOYEE OF THE FOR JANUARY 2023 • Officer Tyler Chinen 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 2022-2: 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) PAGE 3 POLICE COMMISSION – January 27, 2023 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) 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. KPC 2023-1: Email dated 1/20/2023, from Commissioner Leina`ala Jardin informing the Police Commission that she is resigning from her position with the Kauai Police Commission. 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. 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 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). PAGE 4 POLICE COMMISSION – January 27, 2023 KPC 2023-5: Update on revision to Rule 11 of the Kauai County Police Commission Administrative Rules of Practice and Procedure. 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. KPC 2023-7: Discussion and decision-making on determining the priority and order of work of the permitted interactions groups. KPC 2023-8 Public Announcement on the Police Commission’s disposition as it relates to formal Notarized Citizen Complaint No. KPC 2022-015. 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 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. ES KPC 2022-35: 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.) [Continue to Page 5] PAGE 5 POLICE COMMISSION – January 27, 2023 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. (Referred to outside investigator; selection to be determined) ES KPC 2023-3: 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. 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 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 2022-23: 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. (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. 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 Open Session item KPC 2023-5 Update on revision to Rule 11 of the Kauai County Police Commission Administrative Rules of Practice and Procedure. PAGE 6 POLICE COMMISSION – January 27, 2023 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. 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