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HomeMy WebLinkAbout2001-06-15 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION MINUTES — REGULAR SESSION JUNE 15, 2001 ASTON KEAUHOU BEACH RESORT CALL TO ORDER Chair Wilfred Okabe called the meeting to order at 10:15 a.m. ROLL CALL Present: Wilfred M. Okabe, Chair Dwight K. Manago, Vice Chair John M. Bertsch, Member Also Present: Lincoln Ashida, Corporation Counsel Horace S. Hara, Member Daniel C. Kama, Member Phoebe M. Lambeth, Member Clarence Mills, Member Walter Moe, Member Excused A quorum was present. James S. Correa, Police Chief Thomas Hickcox, Assistant Chief Lawrence Mahuna, Assistant Chief Gary Maesato, Business Manager Josie Pelayo, Secretary Peter P. Muller, Member APPROVAL OF THE AGENDA Commissioner Lambeth moved to move Correspondence 57 which is listed under unfinished business, to executive session per HRS 92 -5 (5) and (6). The motion was seconded by Commissioner Mills and unanimously carried. Discussion: Corporation Counsel Ashida explained that this matter is currently under investigation by the police. PUBLIC STATEMENTS ON AGENDA ITEMS: None APPROVAL OF MINUTES Commissioner Lambeth moved to approve the minutes of May 18, 2001, regular and executive sessions. The motion was seconded by Vice Chair Manago and unanimously carried. PERSONNEL ORDERS Vice Chair Manago moved to accept Personnel Orders 2001 -63 to 2001 -71. The motion was seconded by Commissioner Hara and unanimously carried. COMMUNICATIONS Vice Chair Manago moved to accept Correspondence 69 to 77. The motion was seconded by Commissioner Mills. Discussion: Corporation Counsel Ashida explained that Correspondence 71 was not directed at the Police Commission. It was done at the request of the Planning Director, and he wanted all boards and commissions to be aware of this matter. He further advised the commissioners against conducting any investigations on their own outside of the meeting room. Investigations outside of the meeting room should be done by Regular Session Minutes June 15, 2001 Page 2 the commission's private investigator. If a commissioner speaks to a witness outside of the meeting room, that person should recuse himself when the vote is taken. The only other way that this could conceivably be cured would be for that witness to come before the full commission and offer testimony that is consistent with what was told to the commissioner who originally spoke to that witness. If someone asks to meet with a commissioner, it would be prudent to have that person submit a statement in writing or appear before the commission. The motion to approve the communications carried unanimously. COMMITTEE REPORTS Budget and Finance( Manago /Lambeth): No report. • Office Management and Staffing (Okabe /Muller): Chair Okabe reported that they are working on the secretary's upgrade, and he hopes to have something to report at the next meeting. Rules and Policies(Hara /Bertsch): No report. • Contractual Services (Mills /Kama): No report. Public Relations (Okabe /Moe): 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. • Personnel: Assistant Chief Mahuna presented a report which is attached for filing. The29th recruit graduation will be held on June 13, and the next class will start in July. Vice Chair Manago recommended that they budget for specific positions for HI -PAL and DARE in the next budget rather than taking personnel from patrol. These are very necessary positions in our community and should be placed in the operating budget. Commissioner Hara stated that it is good to have students see the field officers in a different role, as friends, people doing recreation, as people coming into the classrooms. The students can associate with these field officers in a positive way. Chief Correa reported that the Mayor is the person who determines what positions should be created. Chair Okabe asked the Chief to provide information on the HI -PAL and DARE programs for the commissioners' to review before the next meeting. He also requested information on vacancies for the past year and reasons for the vacancies. Chief Correa reported that all vacancies have been a result of retirements or resignations. Since 1994, in addition to 50 Regular Session Minutes June 15, 2001 Page 3 new positions that were created, 30 are in community policing and 20 are in the cellblock. At the end of last year they had some retirements, some resigned because they didn't like the job, a few went into the Secret Service, and a couple went to the mainland. Unlike the other counties, Hawaii County does not have a problem with recruitment. Their attrition rate for the first year is about 10% versus 30% for other departments. With the upcoming recruit graduation they will fill approximately 386 sworn positions out of 400. • Finance: Business Manager Maesato presented a report which is attached for filing. There will be a budget hearing before the County Council on June 20. • Commendations: Chief Correa reported receiving 11 commendations since the last meeting. UNFINISHED BUSINESS (Correspondence 57 was moved to executive session.) NEW BUSINESS Correspondence 73, request from Thomas Russi and Christine Paul to correct agenda of May 18, 2001. Commissioner Mills moved that on the agenda of May 18, 2001, Correspondence 63 should have stated that the letter from Lincoln Ashida was actually addressed to Christine Paul and Thomas Russi regarding their complaint. The motion was seconded by Commissioner Lambeth and unanimously carried. EXECUTIVE SESSION Commissioner Lambeth moved 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 11:07 a.m., and then reconvened back into regular session 11:20 a.m. to speak to the a complainant and officer who were waiting for the commission's decision. Action on Correspondence 75, Vice Chair Manago's request to reconsider the commission's decision to refer Complaint HPC 01 -17 to its investigator. Vice Chair Manago moved to withdraw his request for reconsideration. The motion was seconded by Commissioner Lambeth and unanimously carried. Corporation Counsel Ashida explained to the complainant and the officer that the complaint will be investigated by their private investigator as previously decided. Commissioner Mills moved to convened back into executive session as previously motioned. The motion was seconded by Commissioner Lambeth and unanimously carried. The Regular Session Minutes June 15, 2001 Page 4 commission convened into executive session at 11:28 a.m. and then reconvened back into regular session at 11:59 a.m. ACTION ON EXECUTIVE SESSION MATTERS Consideration of Complaint HPC 01 -18. Complainants alleged that an officer demanded to speak to the husband and threatened to have their children taken away by CPS. Commissioner Moe moved to exonerate the officer. (The officer acted in a lawful and proper manner, and the allegations could not be supported.) The motion was seconded by Commissioner Hara and unanimously carried. Reconsideration of Complaint HPC 0 -42. Motion was made at the previous meeting to reconsider this complaint about the officer's lack of action and that he submitted an incorrect report. Commissioner Lambeth moved to refer the complaint back to the investigator for additional investigation. The motion was seconded by Commissioner Mills and unanimously carried. Correspondence 76, request for reconsideration of the commission's decision that the officer in Complaint HPC 00 -77 acted in a lawful and proper manner. No motion was made to reconsider the complaint. The commission's previous decision stands. Correspondence 77, request for reconsideration of the commission's decision that the officers in Complaint 00 -59 acted in a lawful and proper manner. Commissioner Lambeth moved to deny reconsideration. The motion was seconded by Vice Chair Manago and unanimously carried. ANNOUNCEMENTS Chair Okabe announced that the next monthly meeting will be on July 27, 2001, in the County Council Room and is a special meeting because it is on the fourth Friday rather than the third Friday. ADJOURNMENT The meeting adjourned at 12:10 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY WILFRED M. OKABE, CHAIR