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HomeMy WebLinkAboutCOM 0314.000 2010-2012William P. Kenoi Mayor August 17, 2011 William P. Kenoi Mayor County of Hawaii 25 Aupuni St. Hilo, HI 96720 County of Hawaii POLICE COMMISSION Aupuni Center 101 Pauahi Street, Suite 9 • Hilo, Hawai`i 96720 Phone: (808) 932 -2950 • Fax: (808) 932 -2949 SUBJECT: ANNUAL REPORT Dear Mayor Kenoi: Attached are the Police Commission's 2009 -2010 Annual Reports. Sincerely, 9orz--e 441- Donn S. Mende Chair cc: William T. Takaba, Managing Director Dominic Yagong, Council Chair, and Council Members Harry S. Kubojiri, Police Chief Lincoln S. T. Ashida, Corporation Council Hawai `i County is an Equal Opportunity Provider and Employer. Donn S. Mende, Chair Leroy J. Victorine, Vice Chair Paul W. Homer, Member Carol R. Ignacio, Member Michelle L. Kualii, Member Kenneth T. Ono, Member Ka`ili Pea- Ferrari, Member Michael B. Sumja, Member C") CO 0 Comm. No. �,3 Ref. To: Ref. Date AUG 2 4 201f COUNTY OF HAWAI'I POLICE COMMISSION 2009 ANNUAL REPORT The Hilo Lagoon Centre 101 Aupuni St., Ste. 313 Hilo, Hawai'i 96720 Phone: (808) 961 -8412 INSIDE THIS REPORT .. . Membership Page 2 Activities Page 2 Powers, Duties, and Functions Page 3 Investigative Procedures Page 5 Summary of Complaints Page 6 1 MEMBERSHIP Council District 1: Carol R. Ignacio Term: 5/5/09 - 12/31/13 Council District 2: Anita Politano Steckel Term: 4/1/05- 12/31 /09 Council District 3: Donn S. Mende Term: 3/18/09-12/31/13 Council District 4: Louis Kaoiwi (Vice Chair) Term: 4/1/05-12/31/09 Council District 5: Vacant Council District 6: Richard J. Behenna Term: 4/3/08-12/31/12 Council District 7: Melvin S. Morimoto Term: 4/1/05-12/31/09 Council District 8: Thomas P. Whittemore (Chair) Term: 4/3/06-12/31/10 Council District 9: Michael B. Sumja Term: 3/16/07-12/31/11 • ACTIVITIES In 2009, the Police Commission held ten monthly meetings, five in Hilo, three in Waimea, and two in Kona. During the meetings, Police Chief Harry Kubojiri and his management staff apprised the commission of department activities relating to crime, traffic, personnel, finance, and commendations. They discussed island -wide public safety issues and ways to improve service and safety to the community. Throughout the year, members attended commanders' meetings, police week and police recruit graduation ceremonies, and various island -wide community meetings and functions. They also attended conferences that featured speakers and panelists experienced in law enforcement and civilian oversight from which they gained valuable information, networked, and shared ideas. 2 POWERS, DUTIES, AND FUNCTIONS HAWAI'I COUNTY CHARTER The Hawai'i County Charter states that the Police Commission shall consist of nine members, one from each council district. The members are appointed by the Mayor and confirmed by the County Council. The commission is authorized to: • Adopt rules necessary to conduct its business and may review the rules and regulations of the Police Department. • Review the Police Department's annual budget and may make recommendations to the Mayor and Managing Director. • Submit an annual report to the Mayor, Managing Director, and County Council. • Receive, consider, and investigate charges of misconduct brought by the public against the Police Department and its members. • Advise the Police Chief on police - community relations. • Review the Police Department's operations, as deemed necessary, for the purpose of recommending improvements to the Police Chief and Managing Director. • Evaluate, annually, the Police Chief's performance. POLICE COMMISSION'S RULES AND REGULATIONS The Police Commission's rules and regulations state that complaints filed with the commission shall be written, signed, notarized, and received by the commission within sixty days of the incident. Complaints are classified under the following standards of conduct: • Standard of Conduct: Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute. • Performance of Duty: Officers and employees shall perform their duties as required or directed by law, departmental procedures, policies, or orders of a command or supervisory officer. • Obedience to Laws, Written Orders, Policies: Officers and employees of the department shall observe and obey all Federal and State Laws, Ordinances of the County of Hawaii, and all orders, policies, directives, and regulations of the department. 3 POWERS, DUTIES, AND FUNCTIONS • Commission of any Criminal Act: Officers and employees shall not commit any criminal act. • Falsification of Records: Officers and employees shall not knowingly or intentionally falsify records or enter or cause to be entered any inaccurate, false, or improper information on any record or records of the department. • Malicious Use of Physical Force: The malicious use of physical force by officers which results in bodily injury or that causes physical pain, illness, or any impairment of physical condition of another person is prohibited. • Misuse of Position or Office: Members shall not use their official positions with the department to gain personal favors or to conduct non - police activities. • Mistreatment of Person in Police Custody: Officers or employees shall not mistreat any person in police custody. • Use of Intimidation in Legal Proceedings: Members shall not use their official positions as a means of forcing or intimidating persons as witnesses or complainants in any legal proceeding. • Truthfulness: Officers and employees are required to be truthful at all times whether under oath or not. • Firearms Display and Discharge: Officers shall not display, draw, or discharge firearms except for official use in accordance with departmental policies. • Impartial Attitude: Members of the department shall remain impartial to all persons coming to the attention of the department. • Excessive Use of Physical Force: Officers shall not use any more physical force than is necessary to accomplish the immediate police purpose. • Overbearing Conduct: Overbearing or oppressive conduct shall not be practiced under color of police authority. • Conduct Towards the Public: Officers and employees shall be courteous when dealing with the public. They shall avoid harsh, violent, profane, or insolent language. Upon request, they shall furnish their name and badge number in a courteous manner. 4 INVESTIGATIVE PROCEDURES The Police Commission investigates complaints at its monthly meeting. At that time all available reports and documents are reviewed. The complainant and the accused are given an opportunity to present a statement and to be queried by the commission. Following this investigation, the commission may do any of the following: • Make a finding of insufficient evidence to prove the complainant's allegations or sufficient evidence to prove the complainant's allegations. • Refer the complaint for an Internal Affairs investigation. • Refer the complaint to the Chief of Police for customer service, procedural, operational, administrative, or jurisdictional concerns. • Decline investigation because the complaint did not meet the 60 -day rule. • Decline investigation because the complaint was not within the commission's jurisdiction. • Decline investigation because the complaint was speculative, hypothetical, or did not involve facts. 5 SUMMARY OF COMPLAINTS In 2009, the Police Commission received fifty -six notarized complaints. One complaint was later withdrawn and one was declined for not meeting the 60 -day filing deadline. Five complaints were referred for an Internal Affairs investigation and one was referred to the Police Chief for customer service concerns. Charges FINDINGS ON CHARGES Insufficient Evidence to Prove the Allegation 2007 2008 2009 Sufficient Evidence to Prove the Allegation 2007 2008 2009 Referred to Chief/I.A. 2007 2008 2009 Commission of Criminal Act 0 1 0 0 0 0 0 0 0 Conduct Towards the Public 15 6 21 5 1 5 2 2 2 Excessive Use of Physical Force 9 20 10 2 0 0 0 5 0 Impartial Attitude 0 0 7 0 0 1 0 1 0 Malicious Use of Physical Force 0 0 2 0 0 0 0 0 0 Misuse of Position 0 1 1 0 1 1 0 0 0 Obedience to Laws 1 1 10 2 0 0 0 1 0 Overbearing Conduct 0 2 0 0 0 0 0 0 0 Performance of Duty 17 11 17 2 0 1 3 0 4 Truthfulness 1 0 1 0 0 0 0 0 0 TOTAL COMPLAINTS PER OFFICER 2007 2008 2009 Named Officer with 1 Complaint 38 31 42 Named Officer with 2 Complaints 2 2 8 Named Officer with 3 Complaints 1 2 1 Named Officer with 4 Complaints 0 0 1 Unidentified Officers 18 1 4 COMPLAINTS BY DISTRICT 2007 2008 2009 Hamakua 0 3 0 Ka'u 2 3 3 Kona 14 6 15 North Hilo 1 1 0 North Kohala 2 0 2 Puna 10 6 11 South Hilo 24 10 22 South Kohala 1 1 2 6 COUNTY OF HAWAI' I POLICE COMMISSION 2010 ANNUAL REPORT Aupuni Center 101 Pauahi Street, Suite 9 Hilo, Hawai'i 96720 Phone: (808) 932 -2950 INSIDE THIS REPORT .. . Membership Page 2 Activities Page 2 Powers, Duties, and Functions Page 3 Investigative Procedures Page 5 Summary of Complaints Page 6 1 MEMBERSHIP Council District 1: Carol R. Ignacio Term: 5/5/09 - 12/31/13 Council District 2: Leroy J. Victorine Term: 5/7/10 - 12/31/14 Council District 3: Donn S. Mende (Vice Chair) Term: 3/18/09-12/31/13 Council District 4: Michelle L. Kualii Term: 4/8/10 - 12/31/14 Council District 5: T. Ka`ili Pea- Ferrari Term: 4/8/10-12/31/13 Council District 6: Richard J. Behenna Term: 4/3/08-03/31/10 Council District 7: Kenneth T. Ono Term: 7/12/10 - 12/31/14 Council District 8: Thomas P. Whittemore (Chair) Term: 4/3/06 - 12/31/10 Council District 9: Michael B. Sumja Term: 3/16/07- 12/31/11 ACTIVITIES In 2010, the Police Commission held twelve monthly meetings, five in Hilo, four in Kona, and three in Waimea. During the meetings, Police Chief Harry Kubojiri and his management staff apprised the commission of department activities relating to crime, traffic, personnel, finance, and commendations. They discussed island -wide public safety issues and ways to improve service and safety to the community. Throughout the year, commissioners attended commanders' meetings, police week and police recruit graduation ceremonies, and various island -wide community meetings and functions. In May, the Hawai`i Police Commission hosted the annual State of Hawai`i Police Commissioners' Training Conference held at the Waikoloa Beach Marriot. Speakers focused on the conference theme of "Balancing Police Responsibilities and Public Perception." The conference was very well- attended by commissioners, police chiefs and their key staff, and corporation counsels from Hawai`i, Honolulu, Maui, and Kauai. 2 POWERS, DUTIES, AND FUNCTIONS HAWAII COUNTY CHARTER The Hawai'i County Charter states that the Police Commission shall consist of nine members, one from each council district. The members are appointed by the Mayor and confirmed by the County Council. The commission is authorized to: • Adopt rules necessary to conduct its business and may review the rules and regulations of the Police Department. • Review the Police Department's annual budget and may make recommendations to the Mayor and Managing Director. • Submit an annual report to the Mayor, Managing Director, and County Council. • Receive, consider, and investigate charges of misconduct brought by the public against the Police Department and its members. • Advise the Police Chief on police- community relations. • Review the Police Department's operations, as deemed necessary, for the purpose of recommending improvements to the Police Chief and Managing Director. • Evaluate, annually, the Police Chief's performance. POLICE COMMISSION'S RULES AND REGULATIONS The Police Commission's rules and regulations state that complaints filed with the commission shall be written, signed, notarized, and received by the commission within ninety (90) days of the incident. Complaints are classified under the following standards of conduct: • Standard of Conduct: Officers and employees shall conduct their lives in such a manner as to avoid bringing themselves or the department into disrepute. • Performance of Duty: Officers and employees shall perform their duties as required or directed by law, departmental procedures, policies, or orders of a command or supervisory officer. • Obedience to Laws, Written Orders, Policies: Officers and employees of the department shall observe and obey all Federal and State Laws, Ordinances of the County of Hawai'i, and all orders, policies, directives, and regulations of the department. 3 POWERS, DUTIES, AND FUNCTIONS • Commission of any Criminal Act: Officers and employees shall not commit any criminal act. • Falsification of Records: Officers and employees shall not knowingly or intentionally falsify records or enter or cause to be entered any inaccurate, false, or improper information on any record or records of the department. • Malicious Use of Physical Force: The malicious use of physical force by officers which results in bodily injury or that causes physical pain, illness, or any impairment of physical condition of another person is prohibited. • Misuse of Position or Office: Members shall not use their official positions with the department to gain personal favors or to conduct non - police activities. • Mistreatment of Person in Police Custody: Officers or employees shall not mistreat any person in police custody. • Use of Intimidation in Legal Proceedings: Members shall not use their official positions as a means of forcing or intimidating persons as witnesses or complainants in any legal proceeding. • Truthfulness: Officers and employees are required to be truthful at all times whether under oath or not. • Firearms Display and Discharge: Officers shall not display, draw, or discharge firearms except for official use in accordance with departmental policies. • Impartial Attitude: Members of the department shall remain impartial to all persons coming to the attention of the department. • Excessive Use of Physical Force: Officers shall not use any more physical force than is necessary to accomplish the immediate police purpose. • Overbearing Conduct: Overbearing or oppressive conduct shall not be practiced under color of police authority. • Conduct Towards the Public: Officers and employees shall be courteous when dealing with the public. They shall avoid harsh, violent, profane, or insolent language. Upon request, they shall furnish their name and badge number in a courteous manner. 4 INVESTIGATIVE PROCEDURES The Police Commission investigates complaints at its monthly meeting. At that time all available reports and documents are reviewed. The complainant and the accused are given an opportunity to present a statement and to be queried by the commission. Following this investigation, the commission may do any of the following: • Make a finding of insufficient evidence to prove the complainant's allegations or sufficient evidence to prove the complainant's allegations. • Refer the complaint for an Internal Affairs investigation. • Refer the complaint to the Chief of Police for customer service, procedural, operational, administrative, or jurisdictional concerns. • Decline investigation because the complaint did not meet the 90 -day rule. • Decline investigation because the complaint was not within the commission's jurisdiction. • Decline investigation because the complaint was speculative, hypothetical, or did not involve facts. 5 SUMMARY OF COMPLAINTS In 2010, the Police Commission received forty notarized complaints. One complaint was later withdrawn. Three complaints were declined for not meeting the 90 -day filing deadline, one for not being within the commission's jurisdiction, and one for being speculative or purely hypothetical and not based on facts. FINDINGS ON CHARGES Insufficient Evidence Sufficient Evidence Charles to Prove the AlleEation to Prove the Allegation Referred to Chief/I.A. 2008 2009 2010 2008 2009 2010 2008 2009 2010 Commission of Criminal Act 1 0 0 0 0 0 0 0 0 Conduct Towards the Public 6 21 17 1 5 0 2 2 5 Excessive Use of Physical Force 20 10 6 0 0 2 5 0 1 Falsification of Records 0 0 4 0 0 0 0 0 0 Firearms Display 0 0 0 0 0 0 0 0 1 Impartial Attitude 0 7 2 0 1 0 1 0 0 Malicious Use of Physical Force 0 2 0 0 0 0 0 0 0 Mistreatment of Person in Custody 0 0 2 0 0 0 0 0 0 Misuse of Position 1 1 0 1 1 0 0 0 0 Obedience to Laws 1 10 1 0 0 0 1 0 1 Overbearing Conduct 2 0 4 0 0 0 0 0 0 Performance of Duty 11 17 23 0 1 2 1 4 7 Standard of Conduct 0 0 1 0 0 0 0 0 0 Truthfulness 0 1 5 0 0 0 0 0 0 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE 2008 2009 2010 Named Officer with 1 Complaint 31 42 49 Named Officer with 2 Complaints 2 8 4 Named Officer with 3 Complaints 2 1 0 Named Officer with 4 Complaints 0 1 0 Unidentified Officers 1 4 4 Police Department 0 3 0 COMPLAINTS BY DISTRICT 2008 2009 2010 Hamakua 3 0 Ka'u 3 3 0 Kona 6 15 13 North Hilo 1 0 0 North Kohala 0 2 1 Puna 6 11 9 South Hilo 10 22 16 South Kohala 1 2 0 1 6