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HomeMy WebLinkAbout2001-04-20 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION MINUTES — REGULAR SESSION APRIL 20, 2001 ASTON KEAUHOU RESORT CALL TO ORDER Chair Wilfred Okabe called the meeting to order at 10:00 a.m. ROLL CALL Present: Wilfred M. Okabe, Chair Dwight K. Manago, Vice Chair Horace S. Hara, Member Phoebe M. Lambeth, Member Clarence Mills, Member Walter Moe, Member Peter P. Muller, Member A quorum was present. Also Present: Lincoln Ashida, Corporation Counsel Lawrence Mahuna, Assistant Chief Thomas Hickcox' Assistant Chief Gary Maesato, Business Manager Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Lambeth moved to place Complaint HPC 01 -06 onto the agenda for reconsideration. However, there was no second, and the motion died. Commissioner Muller moved to approve the agenda as presented. The motion was seconded by Commissioner Mills and unanimously carried. PUBLIC STATEMENTS ON AGENDA ITEMS THOMAS RUSSI came before the commission and stated that he made a records request the beginning of the week and was denied it. It has been his experience that our government does not know their obligations under the UIPA. It is his understanding from Moya Gray that OIP is to assist government agencies in their responsibilities for records requests. He believes Lincoln Ashida has had some discussion with several people in regards to asking OIP to come to the Big Island and hold some public meetings to find out if there is a concern from the public in getting information from their government. Wants commissions, boards, and all employees to get some kind of an education on their responsibility when records are requested. In reading the two correspondence that are on the agenda in regards to Wood & Tait, it seems like this commission is having problems with them. The previous commission was the problem. Wood & Tait was a scapegoat for them. That needs to be addressed. That's the only way he can have closure. He needs to find out if that commission did what was right when it came to him. He went to the County Council, and his representative Curtis Tyler sent him back to the commission. Doesn't believe the commission has the authority to get money back for investigations that were not done properly under the contract. Believes the County Council does, but they won't touch it. Regular Session Minutes April 20, 2001 Page 2 He asked Lincoln Ashida twice, three times to listen to a tape that could shed some light on what happened. He will not. The former prosecutor will not listen to something that could help him make decisions. He filed a complaint with the Consumer Protection Agency in regards to retrieving tax dollars from Wood & Tait. He received a letter from the Mayor who instructed Lincoln Ashida and Wendell Hatada to investigate whether or not Wood & Tait overcharged the public. That was not his complaint. He covered that with Dixie, and he still has not received anything from the Mayor's office in regards to his complaint. This has been his experience with his government. They never address his complaint. They make up their own. Dixie has promised him that she would look into this personally. He asked if the timer is for per correspondence or per person, to which Corporation Counsel Ashida stated it's at the discretion of the Chair. CORPORATION COUNSEL ASHIDA questioned Mr. Russi if he lived close by. Mr. Russi responded that he lived a 15- minute drive away. Mr. Ashida then asked Russi to get the tape, and he would listen to it. He is not refusing to listen to it. He will take the tape back to his office and listen to it. Mr. Russi agreed. CORPORATION COUNSEL ASHIDA further stated, for the record, that he would like to respond to certain claims and allegations that were made by Mr. Russi. First of all, with respect to the OIP, it's this county's position as practice, and this is not negotiable, that they comply with OIP, whether it's an OIP request or everyday business. But as every government employee knows, the rules concerning the Uniform Information Practices Act is subject to interpretation. So, when any citizen makes a request to any of our agencies, it's not always a clear -cut answer whether they can turn it over or not. The practice with this commission, at least in his experience, and what they recommend to all county agencies, is if you are not sure, ask, because if they turn over something to any member of the public that they're not supposed to, and if they get sued, the taxpayers are at risk, their tax dollars are at risk. Mr. Russi made the request, Josie promptly checked with him, and then they made the determination. They acted prudently and swiftly. She did what she was trained to do. She wasn't sure, she checked. It would have been derelict on her part if she just willingly gave out records without checking if she's not sure. The bottom line in this case is that Mr. Russi made a request and it was given to him well within OIP's ten -day guideline. The second thing he'd like to say is that Mr. Russi made reference to the comment attributable to him bringing in trainers from Oahu from the OIP, and he tagged onto that because our government employees are agents, don't know the law, don't know what they're doing. That's absolutely not true. This was in reference to a conversation he had with Mr. Pranke where it was suggested that, they could bring representatives from OIP in to answer any questions or concerns that any county government employee has. It's not because they're inept that they would bring in trainers He wants this made clear for the record. Regular Session Minutes April 20, 2001 Page 3 It's just part of their routine education effort. MR. RUSSI informed that along with that tape he will bring Mr. Ashida a stack of paperwork on Moya Gray on denials that he eventually got. APPROVAL OF THE MINUTES Commissioner Moe moved to approve the minutes of January 8, January 19, February 16, and March 16, 2001, regular sessions. The motion was seconded by Commissioner Mills and unanimously carried. PERSONNEL ORDERS Commissioner Mills moved to accept Personnel Orders 2001 -034 to 2001 -048. The motion was seconded by Commissioner Muller and unanimously carried. COMMUNICATIONS Commissioner Lambeth moved to accept communications as listed. The motion was seconded by Commissioner Mills and unanimously carried. COMMITTEE REPORTS • Budget and Finance: Vice Chair Manago reported that last month they went before the County Council with the police department's budget. They were very surprised by the positive response they received. The new mayor and the council are willing to listen to ideas in improving the police department. The Chief is currently working on a five -year plan with projects for each district. He asked the commissioners to sit down with the Chief and discuss concerns they have for their district. • Office Management and Staffing: Chair Okabe reported that with regards to the secretary's upgrade, they are looking -into the job description. • Rules and Policies: Commissioner Hara had no report. • Contractual Services: Commissioner Mills reported that this will be discussed in executive session. • Public Relations: Commissioner Moe had no report. CHIEF'S REPORT • Crime: Assistant Chief Hickcox presented a report which is attached for filing. • Traffic: Assistant Chief Hickcox presented a report which is attached for filing. In response to Vice Chair Manago's inquiry into the decrease in DUI arrests, Chief Correa reported that at this time last year, they had more personnel on the road to do DUI enforcement. When the number of personnel on the road decreases, they have less ability to detect the drunk driver. However, they recently received grant monies, and will Regular Session Minutes April 20, 2001 Page 4 be conducting road block activities. They will be targeting seasonal areas such as graduation. The monies also include speed enforcement and seatbelt and child restraint enforcement. Chief Correa further reported that in the latest seatbelt survey produced by the Department of Transportation, Hawaii County ranks at 86.3% which is the highest usage rate along with Kauai. As a result of education and enforcement, more people are using their seatbelts. Their goal is to reach 90% usage by 2002. With a higher rate, the State Department of Transportation receives more national money. They have also been looking into loud mufflers, boom boxes, and vehicles that don't meet equipment and height requirements. In one week they initiated about 60 boom box citations. They have an ongoing public notification process. • Personnel: Assistant Chief Mahuna presented a report which is attached for filing. The 59th recruit class will fill 15 vacancies. They received approval from the Mayor to fill five dispatcher positions. With regards to the appointment of a Deputy Chief, Chief Correa reported that he is waiting for the salary commission to appropriately adjust the salary of the Deputy Chief. Currently, most majors and some captains make more money than the Deputy Chief. The Salary Commission should be meeting soon. Chair Okabe stated that he would like to attend the meeting. He asked the Chief for a nation -wide salary review of Police Chiefs and Deputy Chiefs. • Finance: Business Manager Maesato presented his report which is attached for filing. He gave thanks to Mayor Kim for accepting the salaries of 14 community policing officers. UNFINISHED BUSINESS — None NEW BUSINESS - None EXECUTIVE SESSION Commissioner Moe 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 Mills and unanimously carried. The commission convened into executive session at 10:58 a.m. and then reconvened back into regular session at 12:48 p.m. Regular Session Minutes April 20, 2001 Page 5 ACTION ON EXECUTIVE SESSION MATTERS • Corresp. 049 and 050, regarding requests for legal counsel by Officers Juergen Canda and Detective Ron Paul in Civil No. 01 -0 -0094. Vice Chair Manago moved to approve the request for legal counsel. The motion was seconded by Commissioner Hara and unanimously carried. • Corresp. 051, 052, 053 regarding Wood and Tait's presentation of its investigative reports. Commissioner Lambeth moved to place these on the next meeting's agenda for further discussion. The motion was seconded by Vice Chair Manago and unanimously carried. • Corresp. 054 regarding establishing written protocols for requesting personnel records of police officers. Commissioner Mills moved to defer this to the next meeting. The motion was seconded by Vice Chair Manago and unanimously. • Consideration of Complaint HPC 01 -12: Complainant was arrested for abuse of a family household member. She alleged that she was pulled out of her car, shoved face first into the car, handcuffs were too tight, and the officer refused to put her seatbelt on. She also complained that she was told either her husband or social worker would have to care for her baby but officer tricked her and told her she could lose her child to CPS. The officer also taunted her. Commissioner Lambeth moved to sustain the complaint based on the credibility of statements made by the complainant and the accused officer. The motion was seconded by Commissioner Mills and unanimously carried. Deliberation of Complaints Investiaated • HPC 00 -42: Complainant alleged that an officer failed to arrest a man for violating a restraining order, stated he would not assist her because she filed a complaint with his superiors, and used harsh language and tone in their telephone conversation. Commissioner Mills moved to exonerate (the incident occurred but was lawful and proper) the officer on the charges of Standard of Conduct; Performance of Duty; and Obedience to Laws, Written Orders, Policies; and to not sustain (there was insufficient evidence to either prove or disprove the allegation) the charge of Falsification of Records. The motion was seconded by Commissioner Lambeth 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 exonerate (the incident occurred but was lawful and proper) the officer on the charges of Performance of Duty, Obedience to Laws, Written Orders, Policies, and Impartial Attitude. The motion was seconded by Commissioner Lambeth and unanimously carried. • HPC 00 -63: Complainants alleged that an officer used harsh language over the phone and misused his position to conduct non - police activities. Vice Chair Manago moved to defer the complaint in order for the commission to ascertain whether or not the officer was on duty. The motion was seconded by Commissioner Hara and unanimously carried. Regular Session Minutes April 20, 2001 Page 6 • HPC 00 -67: An officer cited the complainant and the driver for no seatbelt. They provided witness statements supporting their use of seatbelts, and the court dismissed the charges. Complainant alleged that during the stop, the officer pulled his gun on the driver, handcuffed him, and threatened that he would go to jail if he did not sign a form allowing the officer to search his vehicle. The officer ordered the complainant to place his hands on the hot hood of the vehicle. The officer asked him, Bruddah, how's the hood, hot ?" Commissioner Lambeth moved to sustain the charges(there was sufficient evidence to support the allegations) of Standard of Conduct; Performance of Duty; Obedience of Laws, Written Orders, and Policies; Commission of a Criminal Act; Falsification of Records; Malicious Use of Physical Force; Misuse of Position or Office; Mistreatment of Person in Police Custody; Use of Intimidation in Legal Proceedings; Truthfulness; Firearms Display; Impartial Attitude; Excessive Use of Physical Force; Overbearing Conduct; and Conduct Towards the Public. The motion was seconded by Commissioner Moe and unanimously carried. • HPC 00 -67A: Complainant was the driver in the above complaint. He alleged that the officer handcuffed him and threatened that he would go to jail if he did not sign a form allowing him to search the vehicle. Complainant did not sign the form and was released when other officers arrived. The officer then cited him for no seatbelt which was dismissed in court. Commissioner Lambeth moved to sustain the charges(there was sufficient evidence to support the allegations) of Standard of Conduct; Performance of Duty; Obedience of Laws, Written Orders, and Policies; Commission of a Criminal Act; Falsification of Records; Malicious Use of Physical Force; Mistreatment of Person in Police Custody; Use of Intimidation in Legal Proceedings; Truthfulness; Firearms Display; Impartial Attitude; Excessive Use of Physical Force; Overbearing Conduct; and Conduct Towards the Public. The motion was seconded by Commissioner Mills and unanimously carried. ANNOUNCEMENTS Chair Okabe announced that the next monthly meeting is scheduled for May 18, 2001, in the County Council Room, 25 Aupuni St., Hilo. ADJOURNMENT The meeting was adjourned at 12:55 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR