The URL can be used to link to this page

Home My WebLink AboutCOM 0483.000 2012-2014 v os...ti, Leroy J.Victorine,Chair William P.Kenoi , -,;?111.:• ��. Carol R. Ignacio,Vice Chair i;ti• Mayor John M.Bertsch,Member ��"%�-0 Robert G.Gomes,Sr.,Member Jeffrey T.Gray,Member •r' "•�'P� Keith T.Morioka,Member rE OF 1,40' Kenneth T. Ono, Member T. Ka`ili Pea-Ferrari,Member County of Hawaii Guy K. Schutte,Member POLICE COMMISSION Aupuni Center 101 Pauahi Street, Suite 9 • Hilo,Hawai`i 96720 Phone: (808)932-2950 • Fax: (808)932-2949 na .� c o CD October 22, 2013 "1=2 =+ J -y.-- r„)" William P. Kenoi w Mayor - ".) ._ County of Hawaii 25 Aupuni St. Hilo, HI 96720 SUBJECT: ANNUAL REPORT Dear Mayor Kenoi: Attached are the Police Commission's Annual Reports for 2011 and 2012. Sincerely, Leroy,-J. ictorine Chair cc: Wally Lau, Managing Director J Yoshimoto, Council Chair, and Council Members Harry S. Kubojiri, Police Chief Comm. No. 98.3 Ref. To: Ref. Date Q;T 2 5 NO Hawai`i County is an Equal Opportunity Provider and Employer. COUNTY OF HAWAII I POLICE COMMISSION 2011 ANNUAL REPORT Aupuni Center 101 Pauahi Street, Suite 9 Hilo, Hawai'i 96720 Phone: (808) 932-2950 INSIDE THIS REPORT . . . Membership Page 2 Powers, Duties, and Functions Page 3 Activities Page 5 Investigation of Complaints Page 5 Summary of Complaints Page 6 1 MEMBERSHIP Council •District 1 Carol R. Ignacio. Term: 5/5/09-12/31/13 2 Leroy J. Victorine (Vice Chair). Term: 5/7/10-12/31/14 3 Donn S. Mende (Chair). Term: 3/18/09-12/31/12 4 Michelle L. Kualii. Term: 4/8/10-12/31/14 5 T. Ka`ili Pe`a-Ferrari. Term: 4/8/10-12/31/13 6 Jessanie L. Marques. Term: 11/16/11-12/31/12 7 Kenneth T. Ono. Term: 7/12/10-12/31/14 8 Paul W. Horn er. Term: 4/14/11-12/31/15 9 Michael B. Sumja. Term: 3/16/07-12/31/11 { ' ,..':.7,0 ' Y "6 t1LA+ ma . m *t."'.S y ;.4, ` y .ee % x : }s �,< +Vi' �Artft e ,, ,',.., ''4,'4,,,," tits,.„„„o ; . .1 *.se,.0,14;,-1 ,, , _ ., s , Group photo, left to right: Leroy J. Victorine, Donn S'.Mende, Michael B. Sumja, Josie Pelayo (Secretary), Mchelle L. Kualii, Carol R. Ignacio. Individual photos, top to bottom: Paul W. Horn er, Jessanie L. Marques, Kenneth T. Ono, Ka`ili Pe`a-Ferrari. 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 ACTIVITIES In 2011, the Police Commission held eleven monthly meetings and one special meeting, 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. INVESTIGATION OF COMPLAINTS The Police Commission investigates complaints at its monthly meeting. All available reports and documents relevant to the case 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 to the Police Chief for further investigation. • Refer the complaint to the Police Chief 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 2011, the Police Commission received forty notarized complaints. Two complaints were declined, one for not meeting the 90-day filing deadline and the other for being speculative or hypothetical and not based on facts. FINDINGS ON CHARGES Insufficient Evidence Sufficient Evidence Charges to Prove the Allegation to Prove the Allegation Referred to Chief 2010 2011 2010 2011 2010 2011 Conduct Towards the Public 17 12 0 4 5 3 Excessive Use of Physical Force 6 5 2 0 1 0 Falsification of Records 4 1 0 0 0 1 Firearms Display 0 0 0 0 0 0 Impartial Attitude 2 6 0 0 0 1 Malicious Use of Physical Force 0 0 0 0 0 0 Mistreatment of Person in Custody 2 1 0 0 0 0 Obedience to Laws 1 0 0 0 1 0 Overbearing Conduct 4 8 0 0 0 0 Performance of Duty 23 26 2 0 7 2 Standard of Conduct 1 0 0 0 0 0 Truthfulness 5 4 0 0 0 1 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE 2010 2011 Named Officer with 1 Complaint 49 41 Named Officer with 2 Complaints 4 4 Named Officer with 3 Complaints 0 4 Named Officer with 4 Complaints 0 0 Unidentified Officers 4 4 Police Department 0 1 COMPLAINTS BY DISTRICT 2010 2011 ' Hamakua 1 0 Ka'u 0 2 Kona 13 11 North Hilo 0 0 North Kohala 1 0 Puna 9 11 South Hilo 16 12 South Kohala 0 4 6 COUNTY OF HAWAI'I POLICE COMMISSION 2012 ANNUAL REPORT Aupuni Center 101 Pauahi Street, Suite 9 Hilo, Hawai'i 96720 Phone: (808) 932-2950 INSIDE THIS REPORT . . . Membership Page 2 Powers, Duties, and Functions Page 3 Activities Page 5 Investigation of Complaints Page 5 Summary of Complaints Page 6 1 MEMBERSHIP Council District 1 Carol R. Ignacio (Vice Chair). Term: 5/5/09-12/31/13 2 Leroy J. Victorine. Term: 5/7/10-12/31/14 3 Donn S. Mende. Term: 3/18/09-12/31/12 4 Michelle L. Kualii. Term: 4/8/10-12/31/14 5 T. Ka`ili Pe`a-Ferrari. Term: 4/8/10-12/31/13 6 Jessanie L. Marques. Term: 11/16/11-12/31/12 7 Kenneth T. Ono (Chair). Term: 7/12/10-12/31/14 8 Paul W. Horner. Term: 4/14/11-12/31/15 9 Guy K. Schutte. Term: 2/17/12-12/31/16 , , , -.;,,, ..:n4:44:ii, ,\%;:,,, iii IIP.,'?" � vy 14 '.4:.1 , Z , '@ r' a L f��' * "T V 0 t. , r I' to .)kflo,k,410, ...* '44412 a,,-Z>.'f■ 1 0., V , } V44 t a Group photo: Bottom left to right: Paul Horner, Guy Schutte, Jessanie Marques, Leroy J. Vic Top Top left to right: Ka`ili Pe`a-Ferrari, Kenneth Ono, Michelle Kualii Individual photos, top to bottom: Carol Ignacio, Donn Mende 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 dischar<<c 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 ACTIVITIES In 2012, the Police Commission held eleven monthly meetings, four in Hilo, four in - Kona, and three in Waimea. During the meetings, the Police Chief 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. INVESTIGATION OF COMPLAINTS The Police Commission investigates complaints at its monthly meeting. All available reports and documents relevant to the case 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 to the Police Chief for further investigation. • Refer the complaint to the Police Chief 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 2012, the Police Commission received fifty notarized complaints, three of which were later withdrawn. Six complaints were declined, five for not meeting the 90-day filing deadline and one for being speculative or hypothetical and not based on facts. FINDINGS ON CHARGES Insufficient Evidence Sufficient Evidence Charges to Prove the Allegation to Prove the Allegation Referred to Chief 2011 2012 2011 2012 2011 2012 Conduct Towards the Public 12 16 4 0 3 3 Excessive Use of Physical Force 5 15 0 0 0 1 Falsification of Records 1 1 0 0 1 0 Firearms Display 0 0 0 0 0 0 Impartial Attitude 6 0 0 0 1 0 Malicious Use of Physical Force 0 0 0 0 0 0 Mistreatment of Person in Custody 1 0 0 0 0 0 Obedience to Laws 0 0 0 0 0 0 Overbearing Conduct 8 4 0 0 0 0 Performance of Duty 26 29 0 0 2 16 Standard of Conduct 0 0 0 0 0 0 Truthfulness 4 2 0 0 1 1 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE 2011 2012 Named Officer with 1 Complaint 41 46 Named Officer with 2 Complaints 4 10 Named Officer with 3 Complaints 4 4 Named Officer with 4 Complaints 0 1 Unidentified Officers 4 3 Police Department 1 0 COMPLAINTS BY DISTRICT 2011 2012 Hamakua 0 0 Ka'u 2 2 Kona 11 11 North Hilo 0 1 North Kohala 0 2 Puna 11 17 South Hilo 12 12 South Kohala 4 2 6