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HomeMy WebLinkAbout2001-03-16 Police Commission MinutesHAWAII COUNTY POLICE COMMSSION REGULAR SESSION MINUTES MARCH 16, 2001 WAIMEA COMMUNITY CENTER CALL TO ORDER Chair Okabe called the meeting to order at 10:00 a.m. Commissioner Clyde Williams was recognized for his five years of service on the commission. This was his last meeting. ROLL CALL Present: Wilfred M. Okabe, Chair Also Present: James S. Correa, Chief Dwight K. Manago, Vice Chair Wendell Paiva, Assistant Chief Horace S. Hara, Member Phoebe M. Lambeth, Member Clarence Mills, Member Walter Moe, Member Clyde K. Williams, Member Absent: Peter P. Muller Gary Maesato, Business Manager Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary A quorum was present. APPROVAL OF AGENDA Vice Chair Manago moved to approve the agenda. The motion was seconded by Commissioner Mills and unanimously carried. PUBLIC STATEMENTS ON AGENDA ITEMS ROGER STARBUCK spoke on his complaint HPC 01 -07. He stated that an old man has been sitting in a truck outside his laundromat. He suspects this man is involved in covert undercover investigations. He is not sure if this man is working for the police, but it looks like he has police backing because police in marked cars have been following him. This man sent two kids after him, one broke into his soap machine and the other tried to run him over. The man came into his laundromat twice wearing dark glasses and a coat zipped to the top. This man has four different vehicles and has followed him to Sack N Save, the bank, Ace Hardware, and the dump. A van with a periscope has been watching his place. He feels intimidated and harassed. He complained to the police many times about this man. He has licenses, dates, times. Commissioner Williams inquired as to whether the complaint was against the department or the man in the truck. Mr. Starbuck stated that he is not sure. The police won't take his complaint against the old man in the truck, but they took his complaint against the kids. Vice Chair Manago stated that they can forward this to the proper channels, to Chief Correa, and he can forward it to the proper person. Commissioners Mills stated that although he has not identified a particular officer, he has not been serviced by the officers he contacted. March 16, 2001 Regular Session Minutes Page 2 Corporation Counsel Ashida stated that under the charter, the commission's powers and responsibilities are specific. There may be a good reason or not a good reason for officers to not take his complaint. The police commission does not have the jurisdiction or the tools or resources to answer his question. They could entertain his complaint after he has exhausted all his remedies at the police department. Mr. Ashida recommended that Mr. Starbuck go up the ladder at the police department. If he is not satisfied with what the major did, he can take it to the next level. He could write to Chief Correa and give him all his information. After all of that, then he could come back to the commission. APPROVAL OF MINUTES Commissioner Moe moved to approve the executive session minutes of December 18, 2000, and regular session minutes of December 22 and 28 and January 3, 2001. The motion was seconded by Commissioner Hara and unanimously carried. PERSONNEL ORDERS Commissioner Williams moved to accept Personnel Orders Nos. 1001 -021 to 2001 -033. The motion was seconded by Commissioner Lambeth and unanimously carried. COMMUNICATIONS Commissioner Lambeth moved to accept the minutes of the Kauai and Maui Police Commissions and Correspondence 036 to 045. The motion was seconded by Vice Chair Manago. Corresp. 041, downtown Hilo businesses requesting assistance in dealing with increased crime in the area. Commissioner Williams informed that he read in the newspaper that the police department has already addressed the problem, made arrests, and is trying to clear up the narcotic violations. Corresp. 45, the Honolulu Police Commission requests the commission's support in opposing Senate Bill 848. Chief Correa reported that they feel this will hamper or have a major impact in the way that administrative investigations are currently conducted and how they are able to net out discipline. There are many major concerns. One has to deal with the process in which they want to give officers rights, to provide somebody with legal experience to oversee or hear the hearing. There are lots of costs involved. The other issue is that if an officer feels he will not get a fair shake from the department's investigation and hearing, he can ask for a change of venue to another police department. More importantly, there are stipulations that require 72 hours notice that certain actions will be taken. This could have an impact on how they handle their random drug testing. They would have to give someone 72 hours notice that they are going to do a drug test. When they do an administrative investigation, they mandate the officer to give them a statement. They give the officer Garrity Rights which means that when the officer makes a statement, that statement cannot be used in a criminal case. If the officer decides that he does not want to make a statement to them, he's subject to disciplinary action which could mean termination. This came out of a state case whereby an officer who was involved in criminal and internal activity chose not to make a statement, and so he was terminated. His private attorney is the senator who introduced the bill. There are many hoops and loops that they have to jump through that actually burdens management in their ability to properly manage and discipline officers in March 16, 2001 Regular Session Minutes Page 3 administrative complaints. Police officers are mandated to answer questions pertaining to their conduct on administrative investigations. Losing that, management may not be able to determine their conduct and take appropriate disciplinary action. State -wide all police chiefs, corporation counsels, and personnel directors are opposing this bill. They are asking support by the police commissions because it may also impact their investigations. Right now officers voluntarily give a statement to the commission's investigator. If this passes, officers will be pleading the fifth amendment. Officers are afforded all their civil rights when they are investigated criminally. Commissioner Moe stated that this is another element that usurps their authority to administer discipline. This matter gives him some difficulty. When they get complaints, they look on the complaints and based on their own personal, intuitive, intellectual, emotional feeling they make decisions, like an Ouiji board, on what to accept for investigation. Then they go into a private investigative element, spend taxpayer's money to give them a lengthy report which basically doesn't tell him anything. It might say that the complainant looked like he has a straight face and talked truth. On the other hand, they have no opportunity to quiz the police officer. What the Chief is saying is this bill will further erode elements of supervision. Chief Correa stated that it certainly will erode management's rights to manage employees. It will also include discovery like a civil process and calling of witnesses and depositions. It could be a long, drawn out process with an appeal process. Normally these kind of things are negotiated in a collective bargaining agreement and not mandated by statute. Commissioner Moe moved to support this request to oppose Senate Bill 848. The motion was seconded by Commissioner Mills and unanimously carried. Corresp. 40, complainant's in HPC 00 -71A and 71B request a reconsideration on the commission's decision that there was no misconduct in their complaint. Chair Okabe called for a motion for reconsideration. No motion was made. The motion to accept the Kauai and Maui Police Commission minutes and Corresp. 36 to 45 unanimously carried. COMMITTEE REPORTS • Budget and Finance: Vice Chair Manago reported that they will be meeting with the County Council on the 2yh. The budget is status quo with the exception of adding new officers to the Kona District. The commission had no objections to the budget. Office Management and Staffing: Chair Okabe reported that Ms. Pelayo will be on vacation during the spring break and will return to work on April 3. Commissioner Williams stated that he has been with the commission for the past five years, and if memory and his research is correct, the commission's secretary has received two small job step increases. Her responsibilities are grave, and she is outstanding in the handling of all these responsibilities. He requested that Chair Okabe and Commissioner Muller of the Office Management Committee work in attaining a possible upgrade or raise for Ms. Pelayo. She does an outstanding job, and without her this commission would be hard pressed to get a lot of work done. March 16, 2001 Regular Session Minutes Page 4 Chair Okabe stated that he and Commissioner Muller will work on this request. Commissioner Moe moved to support Chairman Mills' job performance report for Ms. Pelayo. The motion was seconded by Vice Chair Manago and unanimously carried. • Rules and Policies: Commissioner Hara had no report. • Contractual Services: Commissioner Mills had no report. • Public Relations: Commissioner Moe reported that they have undertaken a small program of informing the media of commission meetings in the newspaper's Datebook. He invited Chief Correa to consider addressing the public in informal evening sessions in various county districts to explain the role of the police department, what they're doing, and how they interact with the police commission. Chair Okabe reported that he met with the Chief who will be going to various communities and setting up community program with the assistant chiefs to acknowledge the public's concerns in the community. The Chief has also been very active in speaking in the Kona District and making sure that communications are very evident with the community and the police department. They also discussed the performance evaluation form. The Chief will be evaluated in December. Information could be compiled in November. Chair Okabe stated that they were selected by the Big Island Press Club to receive a Dishonorable Mention in their annual Lava Tube Awards. He further stated that they are trying to make the commission and the police department very accessible to the public and giving the community openness and adhering to the Sunshine Law. Commissioner Williams commended Chief Correa for what he has done so far. He has had many meetings in West Hawaii. He is accessible, and they will be seeing good community involvement because of this. CHIEF'S REPORT • Crime: Assistant Chief Paiva presented the report which is attached. He also reported that in the last month detectives were involved in two homicide investigations, one in Pepeekeo and the other one in Keaau. In the Keaau case, by the time they completed processing the scene, they already had the name of the suspect. The suspect was in custody within 36 hours and he was subsequently charged for murder, robbery, and kidnapping. The case in Pepeekeo is still actively being pursued. Chief Correa reported that the County Council has accepted the marijuana eradication monies from the Vern Memorial Fund. Assistant Chief Paiva reported that last year they returned $265,000 to DEA. March 16, 2001 Regular Session Minutes Page 5 Chief Correa reported that there are two sources of monies. The first one is called the marijuana eradication grant through the Vern Memorial Fund, through the State AG's office. This is the one that just passed. The second source of funding through DEA will be coming through in about three weeks. The funding is important because it handles all of the marijuana eradication and investigative programs island -wide. If they go back in history, the County of Hawaii has been the largest cultivator of this illegal marijuana. If you go nationally, the State of Hawaii has always been the one that had the most cultivated marijuana. 90% of that marijuana state -wide comes out of the Hawaii County. Marijuana can be cultivated very quickly. So, without proper maintenance to limit the problem, it can expand quickly. Marijuana can be sold and make enormous elicit incomes, and it can be used to perpetuate other drugs. Last week they picked up almost 4 lbs. of heroin, and 1 1/2 lbs. of cocaine. Most of the money they use is for the aircraft, and they've come to an understanding with the County Council that they will be very sensitive to the noise problems of the community, and will do whatever they can to mitigate the noise. In response to Commissioner Mills' inquiry, Chief Correa stated that ice is a large problem. A lot of their cases from the drug side and from the behavioral side as far as violent crime, have some association with the use of drugs, some of which is ice. Commissioner Williams stated he is amazed that a number of councilmen were anti accepting the money for marijuana eradication when in reality people start on marijuana and work their way up into harder drugs. Yet, they want the department to go hard against hard drugs. Assistant Chief Paiva informed that a lot of people are under the misconception that funding is available for rehabilitation or preventive measures, but funding that they receive for the eradication program is specifically for eradication. They cannot accept the money and then divert it to rehabilitation or preventive measures. • Traffic: Assistant Chief Paiva presented the report which is attached. Chief Correa distributed crash and DUI statistics which are used as planning tools for enforcement activities or when extra personnel is needed. • Personnel: Chief Correa reported having seven sworn and six civilian vacancies. He further reported that in field operations they have a Special Response Team that was started last year consisting of twelve individuals from the around the island. In about a year they will be fully trained to handle high risk situations, injuries and hostage situations. They are taking bids on a records management system. This should assist them in collecting information on crime data, budget, personnel, and training. The detention facility is on schedule. They have an automated booking system that will be replacing the current booking system in Hilo and Kona. The first phase of this project is only a pilot for the County of Hawaii. They will have PCs set up for data input, and at the same time it should have a live scan fingerprint system. It will be sent immediately to the FBI, and there should be a two -hour turnaround in confirmation if this person was previously arrested or if there is a warrant. With that they will have an automated mug shot system. In the next phase, all districts will have the computer system, but not all will have the finger printing system because it's too March 16, 2001 Regular Session Minutes Page 6 expensive. Almost 90% of their arrests are in four major districts —Hilo, Kona, Puna, and South Kohala. The state is kicking about $400,000 for the first phase and another $400,000 for the second phase. They don't have any other costs other than maintenance after the first year. • Budget and Finance: Business Manager Maesato presented a report which is attached. • Commendations: Chief Correa reported receiving 26 commendations since the last meeting. He presented a retirement badge to John Vares who retired in August 2000 as a major. UNFINISHED BUSINESS Chair Okabe reported that office staffing had been discussed at a previous meeting. He discussed this with Corporation Counsel Ashida whose staff will assist whenever Ms. Pelayo is not in the office. A sign will be posted at the door informing the public that if they need immediate assistance, they could go to Corporation Counsel. In order to protect the integrity and confidentiality of reports and documents in the commission's office, Corporation Counsel will not have access to the office. However, their office will have all the necessary forms for filing complaints or requesting information. NEW BUSINESS Complaint HPC 01 -07: This was discussed under public statements. Commissioner Lambeth moved to recommend to the complainant that he address his concerns to the police department, and if there is no action, he can come back to the commission. The motion was seconded by Commissioner Moe and unanimously carried. EXECUTIVE SESSION Commissioner Mills moved to meet in executive session to consider charges brought against officers of the Hawaii County Police Department where matters affecting privacy will be considered and a closed meeting is requested by individuals involved and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities. The motion was seconded by Commissioner Lambeth and unanimously carried. The commission convened into executive session at 11:50 a.m. and then reconvened back into regular session at 12:30 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Consideration of Complaints HPC 01 -05: Complainant alleged that in 1997 he was assaulted, but he was arrested, not the other person. Commissioner Lambeth moved to decline investigation because the complaint was received more than 60 days from the date of the incident. The motion was seconded by Commissioner Mills and unanimously carried. HPC 01 -06: Complainant was arrested for terroristic threatening. She alleged that the officers were discourteous and overbearing, not truthful, would not give her their badge numbers, and her shotgun had not been returned. Commissioner Williams moved to decline investigation because there was no misconduct on the accused officers. The motion was seconded by Commissioner Lambeth and unanimously carried. March 16, 2001 Regular Session Minutes Page 7 HPC 01 -08: Complainant was involved in a hit - and -run auto accident. He alleged that no higher ups were at the scene; the officer did not file a report, falsified records, and intimidated his witness. Commissioner Williams moved to decline investigation because there was no misconduct on the part of the accused officer. The motion was seconded by Commissioner Mills and unanimously carried. HPC 01 -09: Complainant was arrested for DUI. He alleged that the handcuffs were too tight, was forced face down to the ground, and was not allowed to use the restroom. Commissioner Mills moved to defer the complaint until the commission is able to obtain additional information. The motion was seconded by Commissioner Lambeth and unanimously carried. Deliberation of Complaints HPC 00 -41: Complainant alleged that an officer harassed him by pulling in front of his vehicle and then drove slowly for about half a mile. Commissioner Lambeth moved to sustain the charges of Standard of Conduct; Performance of Duty; Obedience to Laws, Written Orders, Policies; Commission of any Criminal Act; Misuse of Position or Office; and Overbearing Conduct; and to not sustain the charge of Conduct Towards the Public. The motion was seconded by Commissioner Williams and unanimously carried. HPC 00 -46: Complainant filed a harassment complaint. She alleged that the responding officer failed to perform his duty, failed to obey the laws, and was not impartial. Commissioner Mills moved to defer the complaint to the next meeting when the investigator is present and the commission is able to query him. The motion was seconded by Commissioner Lambeth and unanimously carried. ANNOUNCEMENTS Chair Okabe announced that the next meeting will be on April 20 at the Aston Keauhou Resort. Ms. Pelayo asked the commissioner to let her know as soon as possible if they will be attending the Annual State of Hawaii Police Commissioner's Conference. ADJOURNMENT The meeting was adjourned at 12:40 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR