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Home My WebLink AboutCOM 1188.000 2014-2016 ', -.;*tv os H!! ,• Guy Schutte,Chair William P. Kenoi °' ' � Keith Morioka,Vice Chair y64.�. , Mayor p „yam' Arthur Buckman.Member I .N-:.1'a.'0::•I' Carl Carlson,Member Wayne De Luz,Member • .).4*.;r+?"".�'��`_ Robert Gomes, Sr..Member r•:os;N'M Peter Hendricks, Member Jak Hu, Member Paul Paiva.Member COUNTY OF HAWAII Police Commission Aupuni Center 101 Pauahi Street, Suite 9 • Hilo, Hawai`i 96720 Phone: (808)932-2950 .. Q + " , N N November 21, 2016 •► William P. Kenoi Mayor County of Hawaii 25 Aupuni St. Hilo, Hawaii 96720 SUBJECT: POLICE COMMISSION ANNUAL REPORT Dear Mayor Kenoi: Attached is the Police Commission's Annual Report for 2015. Sincerely, 7/". ---- 17) Guy K. Schutte Chair cc: Randy Kurohara, Managing Director Dru Kanuha, Council Chair, and Council Members Harry S. Kubojiri, Police Chief Comm.No, /1 2 Ref.To: Ref.Date MY IL Yt, 10/(Q Hawai'i County is an Equal Opportunity Provider and Employer. COUNTY OF HAWAI'I POLICE COMMISSION 2015 ANNUAL REPORT Aupuni Center 101 Pauahi Street, Suite 9 Hilo, 1lawai'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 COMMISSION MEMBERS �, ra it Axa 3 u , .fir 2' � r °-c ',,:'''':i''!;'''' M„ J 'L b ; ' 7 het A� at d, f a �, U. t, �. llft,, ..,.,4,-a „� t ..i , ,,, '''''''i,4: Vi A 1 461,4 k F { k .' f.,:Tz,''';;;i*E''''' Ae 4 ':*” ' '' . - ''. l'''''' l'''.$1, ' 11 v r pw Top left to right: KMa, tri3 Arthur eith Buckmanoriok ,Council Council District CouncilDisDistrctict5 6 Robert Gomes, Sr., Peter Hendricks, CouncDi1 Guy Schutte, Council il Districtistrct 9 Bottom left to right: Josie Pelayo, Secretary. John Bertsch, Council District 8 Peggy Hilton, Council District 2 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. 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 2015 the Police Commission held eleven monthly meetings, five in Hilo, four in Kona and two in North Hawaii. 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 2015, the Police Commission received fifty-two notarized complaints. One was later withdrawn, and six were declined for not meeting the 90-day filing deadline. COMPLAINTS INVESTIGATED ALLEGATIONS & FINDINGS Insufficient Evidence Sufficient Evidence Allegation to Prove the Allegation to Prove the Allegation Referred to Chief 2014 2015 2014 201.5 2014 2015 Conduct Towards the Public 31 12 0 0 2 5 Commission of a Criminal Act 0 1 0 0 0 0 Excessive Use of Physical Force 3 4 0 0 1 1 Falsification of Records 1 0 0 0 0 0 Impartial Attitude 0 0 0 0 0 0 Overbearing Conduct 5 1 0 0 5 1 Performance of Duty 32 18 1 0 2 5 Truthfulness 2 1 0 0 0 0 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE 2014 2015 Named Officer with 1 Complaint 56 41 Named Officer with 2 Complaints 5 4 Named Officer with 3 Complaints 0 2 Unidentified Officers 2 8 Police Department 2 1 COMPLAINTS BY DISTRICT 2014 2015 Hamakua 2 2 Ka'u 2 3 Kona 12 9 North Hilo 0 3 North Kohala I 1 Puna 5 11 South Hilo 22 21 South Kohala 1 1 6