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Home My WebLink AboutCOM 0188.000 2014-2016William P. Kenoi Mayor March 5, 2015 William P. Kenoi Mayor County of Hawaii 25 Aupuni St. Hilo, Hawaii 96720 County of Hawaii POLICE COMMISSION Aupuni Center 101 Pauahi Street, Suite 9 • Hilo, Hawaii 96720 Phone: (808) 932-2950 • Fax: (808) 932-2949 SUBJECT: POLICE COMMISSION ANNUAL REPORT Dear Mayor Kenoi: Attached are the Police Commission's Annual Reports for 2013 and 2014. Sincerely, Guy K. Schutte Chair cc: Wally Lau, Managing Director Dru Kanuha, Council Chair, and Council Members Harry S. Kubojiri, Police Chief Guy K. Schutte, Chair John M. Bertsch, Vice Chair Robert G. Gomes, Sr., Member Peter L. Hendricks, Member Karolyn P. Lundkvist, Member Keith T. Morioka, Member Kenneth T. Ono, Member Leroy J. Victorine, Member t" v+ CDC") C-5 � vx Comm. No. 109 Ref. To: fcf. Uaie MAR 0 6 2015 Hawai `i County is an Equal Opportunity Provider and Employer. COUNTY OF HAWAII POLICE COMMISSION 2013 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 COMMISSION MEMBERS Group photo, top left to right: John M. Bertsch, Council District 8 Carol R. Ignacio, Council District 1 Robert G. Gomes, Sr., Council District 6 Group photo, bottom left to right: Keith T. Morioka, Council District 3 Leroy J. Victorine (Chair), Council District 2 Josie Pelayo (Secretary) Guy K. Schutte, Vice Chair, Council District 9 Individual photos left to right: Kenneth T. Ono, Council District 7 Ka`ili Pe`a-Ferrari, Council District 5 Jeffrey T. Gray, Council District 4 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. • Do an annual evaluation of 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 Hawaii, and all orders, policies, directives, and regulations of the department. 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 2013, the Police Commission held nine monthly meetings, four in Hilo, two 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 a finding of sufficient evidence to prove the complainant's allegations. Refer the complaint to the Police Chief for further investigation or to address concerns relating to customer service, procedures, operations, or jurisdiction. • Decline investigation because the complaint did not meet the 90 -day rule, or was not within the commission's jurisdiction, or did not involve facts, was speculative, or hypothetical. SUMMARY OF COMPLAINTS In 2013, the Police Commission received forty-nine notarized complaints. Two were later withdrawn. Ten complaints were declined for not meeting the 90 -day filing deadline. COMPLAINTS INVESTIGATED TOTAL COMPLAINTS PER OFFICER/EMPLOYEE ALLEGATIONS & FINDINGS 2013 Named Officer with 1 Complaint 42 Insufficient Evidence Sufficient Evidence 8 2 Alienation to Prove the Alleeation to Prove the Alleeation Referred to Chief 1 2012 2013 2012 2013 2012 2013 Conduct Towards the Public 16 14 0 0 3 6 Excessive Use of Physical Force 15 8 0 0 1 1 Falsification of Records 1 0 0 0 0 0 Impartial Attitude 0 1 0 0 0 0 Mistreatment of Person in Custody 0 1 0 0 0 0 Overbearing Conduct 4 1 0 0 0 4 Performance of Duty 29 16 0 2 16 3 Truthfulness 2 2 0 0 1 0 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE COMPLAINTS BY DISTRICT 2012 2013 Named Officer with 1 Complaint 42 35 Named Officer with 2 Complaints 8 2 Named Officer with 3 Complaints 1 0 Named Officer with 4 Complaints 1 0 Named Officer with 5 Complaints 0 1 Unidentified Officers 3 4 Police Department 1 2 COMPLAINTS BY DISTRICT 2012 2013 Hamakua 0 0 Ka'u 2 2 Kona 11 9 North Hilo 1 0 North Kohala 1 2 Puna 15 6 South Hilo 11 17 South Kohala 1 1 on COUNTY OF HAWAI' I POLICE COMMISSION 2014 ANNUAL REPORT Aupuni Center 101 Pauahi Street, Suite 9 Hilo, Hawai'i 96720 Phone: (808) 932-2950 INSIDE THIS REPORT ... Membership Powers, Duties, and Functions Activities Investigation of Complaints Summary of Complaints 1 Page 2 Page 3 Page 5 Page 5 Page 6 COMMISSION MEMBERS Top left to right: Kenneth T. Ono, Council District 7 Robert G. Gomes, Sr., Council District 6 John M. Bertsch (Chair), Council District 8 Peter L. Hendricks, Council District 1 Bottom left to right: Keith T. Morioka, Council District 3 Karolyn P. Lundkvist, Council District 4 Leroy J. Victorine, Council District 2 Guy K. Schutte (Vice Chair), Council District 9 2 " u 'CO. b 4 51 � E � t f� r„w i Top left to right: Kenneth T. Ono, Council District 7 Robert G. Gomes, Sr., Council District 6 John M. Bertsch (Chair), Council District 8 Peter L. Hendricks, Council District 1 Bottom left to right: Keith T. Morioka, Council District 3 Karolyn P. Lundkvist, Council District 4 Leroy J. Victorine, Council District 2 Guy K. Schutte (Vice Chair), Council District 9 2 POWERS, DUTIES, AND FUNCTIONS HAWAII COUNTY CHARTER The Hawaii 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. • Do an annual evaluation of 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 Hawaii, and all orders, policies, directives, and regulations of the department. KI 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 2014 the Police Commission held nine monthly meetings, three each in Hilo, Kona, and 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 a finding of sufficient evidence to prove the complainant's allegations. Refer the complaint to the Police Chief for further investigation or to address concerns relating to customer service, procedures, operations, or jurisdiction. • Decline investigation because the complaint did not meet the 90 -day rule; or was not within the commission's jurisdiction; or did not involve facts, was speculative, or hypothetical. 5 SUMMARY OF COMPLAINTS In 2014, the Police Commission received forty-five notarized complaints. One was later withdrawn, and one was declined for not meeting the 90 -day filing deadline. COMPLAINTS INVESTIGATED TOTAL COMPLAINTS PER OFFICER/EMPLOYEE ALLEGATIONS & FINDINGS 2014 Named Officer with 1 Complaint 35 Insufficient Evidence Sufficient Evidence 2 5 Allegation to Prove the Alleeation to Prove the Allegation Referred to Chief 4 2013 2014 2013 2014 2013 2014 Conduct Towards the Public 14 31 0 0 6 2 Excessive Use of Physical Force 8 3 0 0 1 1 Falsification of Records 0 1 0 0 0 0 Impartial Attitude 1 0 0 0 0 0 Mistreatment of Person in Custody 1 0 0 0 0 0 Overbearing Conduct 1 5 0 0 4 5 Performance of Duty 16 32 2 1 3 2 Truthfulness 2 2 0 0 0 0 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE COMPLAINTS BY DISTRICT 2013 2014 Named Officer with 1 Complaint 35 56 Named Officer with 2 Complaints 2 5 Named Officer with 5 Complaints 1 0 Unidentified Officers 4 2 Police Department 2 2 COMPLAINTS BY DISTRICT 2013 2014 Hamakua 0 2 Ka'u 2 2 Kona 9 12 North Hilo 0 0 North Kohala 2 1 Puna 6 5 South Hilo 17 22 South Kohala 1 1 0