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HomeMy WebLinkAbout2005-03-18 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION SPECIAL MEETING MINUTES MARCH 18, 2005 REGULAR SESSION HAWAII COUNTY COUNCIL ROOM CALL TO ORDER After recognizing retiring Commissioners Hara, Manago, and Muller for their five years of volunteer service, Chair Bertsch called the meeting to order at 9:15 a.m. ROLL CALL Present: John M. Bertsch, Chair Pudding Lassiter, Vice Chair James A. Frazier, Member Horace S. Hara, Member Karolyn P. Lundkvist, Member Dwight K. Manago, Member Betsy Mitchell, Member Peter P. Muller, Member A quorum was present. Also Present: Harry S. Kubojiri, Deputy Chief Elroy Osorio, Jr., Assistant Chief John Dawrs, Major Henry Tavares, Captain Kay Nishibayashi, Accountant Lincoln Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Lundkvist motioned to approve the agenda. Commissioner Muller seconded the motion, and it carried unanimously. STATEMENTS ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Frazier motioned to approve the minutes of February 11, 2005, regular and executive sessions. Commissioner Mitchell seconded the motion, and it carried unanimously. PERSONNEL ORDERS Commissioner Frazier motioned to accept Personnel Orders Nos. 2005 -010 to 2005 -028. Commissioner Muller seconded the motion, and it carried unanimously. COMMUNICATIONS Vice Chair Lassiter motioned to accept the communications as listed. Commissioner Frazier seconded the motion. Discussion: Vice Chair Lassiter expressed concern that they have not had enough discussion on Correspondence 04 -17 (Complaint HPC 04 -39). Ms. Pelayo informed that the complaint came before the commission twice for reconsideration, and each time it was denied. Commissioner Manago stated that the time limit has come and gone. Corporation Counsel Ashida stated that there is no further avenue with the commission. The commission cannot violate its own rules. The complainant could pursue this matter with the Police Chief. Hawaii County Police Commission Regular Session Minutes March 18, 2005 Page 2 Vice Chair Lassiter motioned that Corporation Counsel Ashida send a letter to the complainant, directing her attention to the police department. Commissioner Manago seconded the motion, and it carried unanimously. The motion to accept the communications as listed carried unanimously. COMMITTEE REPORTS • Budget and Finance (Frazier / Manago) Commissioner Manago reported that Commissioner Frazier has been working diligently with the police department on the budget. The commissioners feel that training is very important to the department's budget, and without it lawsuits could result. They need to look at how they are running the county. Police officers need to be equipped properly to do their job. The police department is now faced with 70 vacancies. They need to fund training positions so that they are not always behind. Puna needs a new police station. People in Puna cannot even get into the police station. South Kona also needs a new police station. The Chief is currently working on accreditation. Commissioner Frazier stated that there was a modest recognition to the supplemental budget. They are tying to get funding for CIPs. Commissioner Hara stated that they needed to support what the Chief has prioritized and not go on their own tangent. Commissioner Manago stated that on March 30, the police department would be going before the County Council for its review of the budget. The County Council decides what money will be released. • Office Management and Staffing (Bertsch /Mitchell): No report. Rules and Policies (Bertsch /Lundkvist): No Report. Contractual Services (Frazier): No report. • Public Relations (Bertsch /Lassiter): Vice Chair Lassiter stated that she is involved in the police fleet committee that will be deciding on marked or subsidized cars for the police department. CHIEF'S REPORT Including: Crime: Major Dawrs summarized the written report. Traffic: Major Dawrs summarized the written report. In response to Commissioner Frazier's inquiry into aerial surveillance over the Queen K Highway, he stated it would be quite expensive. A few years back they paid $667 an hour for a helicopter. Deputy Chief Kubojiri stated that the Chief sought assistance from the Civil Air Patrol but has not gotten any response. Major Dawrs reported that they have been doing a lot of enforcement on the Queen K Highway, to the point where everybody is doing the speed limit and that's upsetting some people. Officers from North Kohala have been working overtime to do traffic enforcement on the Queen K. Two recent accidents involved Jeeps. Hawaii County Police Commission Regular Session Minutes March 18, 2005 Page 3 In a recent drug warrant incident, Mr. Lindsey, the suspect, attempted to escape and almost ran over Detective Hodson. The suspect was charged with attempted murder. Mr. Lindsey has been known to them for many years. The officer did fire his weapon. Three airport interdiction officers were federally deputized by the DEA this month. They will be working mostly at Keahole Airport. They now can do the walk and talk, which means they can go up to someone suspected of carrying drugs and conduct a search. They are vice officers who work the airport in plain clothes. State law prohibits regular police officers to do this. Personnel: AC Osorio expressed his appreciation to the outgoing commissioners for their work. He entertained questions to the written report, to which there were none. He reported that last week they participated in the Charm inade College job fair. They are contemplating running two recruit classes. Finance: Kay Nishibayashi entertained questions to the written report. Commissioner Frazier pointed out that telephone costs were exceptionally high in every district. He inquired about the possibility of using cell phones as equipment. Ms. Nishibayashi explained that the budget has not kept up with the phone charges. Deputy Chief Kubojiri stated that the car radio has more coverage than the cell phone. They want assignments made over the radio so that they have a record of the call. When calls are made over the cell phone, there is no record. Commissioner Frazier inquired whether training would stop if they depleted the budget. Deputy Chief Kubojiri stated that they have received funds from the State's AG forfeiture fund. Commissioner Frazier inquired whether the police commission could get funds for a new computer, to which AC Osorio stated that they don't even have funding for officers. Deputy Chief Kubojiri stated that they want officers to write their reports on laptops, but they can't even find the money for 20 computers. Commendations: Deputy Chief Kubojiri, on behalf of Chief Mahuna who couldn't be there, thanked Commissioners Hara, Manago, and Muller for their work on the commission. The community benefited from their service, and they will all be missed. He pointed out that Commissioner Manago helped to get five additional positions for Kona. For the month of February, they received ten commendations. Chair Bertsch stated that the commission is now sending letters to officers who received commendations. He found that in many letters of commendations, several officers were commended. He would like the Chief's office to revamp the commendations report. Deputy Chief Kubojiri reported that they could list the number of officers commended in each incident. Deputy Chief Kubojiri reported that they currently have a problem solving committee to address shortages in staffing. Every district has a representative on the committee. They are working with a real estate agent to put together a cost of housing packet. They are also looking at mainland universities to bring people back home. He will get back to the commission about the possibility of a commissioner sitting on this problem - solving committee. • Other Departmental Activities: None. Hawaii County Police Commission Regular Session Minutes March 18, 2005 Page 4 UNFINISHED BUSINESS Review of Chief's and Deputy Chief's salary and compensation for the Salary Commission: Deputy Chief Kubojiri reported that at the commission's request, he prepared the position description. The GO was not updated to reflect this revised position description, and it was noted on the report. Revising a GO takes a lot of time, and he couldn't provide a date of when it would be done. Commissioner Frazier commended Deputy Chief Kubojiri for the fine and comprehensive work. He motioned for the Chair to prepare a letter to the Salary Commission in support of the salary adjustment for the two positions and to incorporate ideas from the Maui Police Commission along with the position description. Commissioner Mitchell seconded the motion, and it carried unanimously. INVESTIGATION AND DELIBERATION OF COMPLAINTS Corporation Counsel Ashida explained the difference between open and executive sessions, which both the officer and the complainant may request. STATEMENTS ON COMPLAINTS (Open to the Public) BEATRICE HUDMAN, CORRESPONDENCE 05 -18: Her letter is a complaint about an officer. While working at McDonalds, she was assaulted by a customer. When they called the police, they were informed that the man was also involved in an accident with another vehicle. An officer said he thought this would be Kona's jurisdiction because the vehicle was rented out of Kona. The man flew back home to Las Vegas and was not charged. She wants to know why she wasn't given the man's name. She didn't know she could file a notarized complaint. Corporation Counsel stated that the prosecutor informed him that they only recently received the case and would be working on it. He told Ms. Hudman that he would be willing to discuss the case with her outside of the meeting room, which she did later. Chair Bertsch stated that Ms. Hudman would need to file a notarized complaint in order for them to investigate her complaint. EILEEN RODRIGUES, HPC 05 -02: She was there on behalf of her son who was at work. Her son was involved in a vehicle accident. He ran over a pig that was on the roadway. At the time, an officer was on the side of the road. Her complaint is that the officer did not have his lights, blue lights, or flares on to warn of the hazard. It was a safety issue that should have been avoided. She went down to the scene after her son called her. When she tried to find out what officer was involved, the officer who was actually involved, didn't tell her that it was he. She filed a claim with the county for damages to her vehicle, for the day she took off from work, and for the car rental; but it was denied. Chair Bertsch stated that without her son there, it was difficult for them to ascertain, on hearsay, what happened. OFFICER MICHAEL DECOITO: HPC 05 -01: The complainant, Brian Santos told him that he was driving up Ainaloa Boulevard when he struck a motorcyclist who was carrying a female party. There were no bikers or motorcycle around. He said the motorcyclist hit him and then Hawaii County Police Commission Regular Session Minutes March 18, 2005 Page 5 eight or nine other bikers attacked him. If eight or nine bikers had kicked him as he claimed, he would not have been walking around. There was no mention of broken ribs. He offered medical attention to the complainant, but was refused. He made an assault complaint. He has had many prior instances with the complainant. They went down to the Ainaloa Ionghouse to get more information. While at the Ionghouse, he noticed that Santos' windshield was cracked, so he cited him for the cracked windshield. There was no reason for him to throw Santos to the ground. BRIAN SANTOS (COMPLAINT HPC 05 -01): Officer DeCoito doesn't like his family and knows that he is a sex offender. He was driving up Ainaloa when he tapped the motorcycle. It was such a light hit, that the biker didn't feel it. The guy started kicking him and threw him under his truck. Nine to fourteen motorcyclists assaulted him. Officer DeCoito told him to follow him to the Ionghouse. His primary complaint is that he was not offered medical assistance. He tried to tell the officers that the bikers broke his windshield. He cannot pay for his windshield. He got a ticket for the broken windshield. The biker tried to hit him, but hit the windshield instead. EXECUTIVE SESSION (Closed to the Public) Commissioner Manago motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawaii County Police Department where consideration of matters affecting privacy would be involved and a closed session is requested and to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Muller seconded the motion, and it carried unanimously. Executive session convened at 12:02 p.m. Regular session reconvened at 12:28 p.m. NEW BUSINESS • Correspondence 05 -15, State of Hawaii Police Commissioners' Conference, May 12 -13, 2005: Chair Bertsch asked those who were planning to attend, to notify Ms. Pelayo. • Correspondence 05 -18, from Beatrice Hudman requesting the commission's assistance in her assault case. (Discussed under investigation of complaints.) Preparation for a training workshop for new and current commissioners: Commissioner Frazier stated that there are statutes that he would like Corporation Counsel to talk about. He also wants to cover police protocol, introduction to the main station, the county charter, the GOs, and to have an opportunity to interact with other commissioners and police staff. There should be a demonstration of how officers should respond to different situations. This workshop should take the major part of a day. Commissioner Lassiter motioned to have the training session and to invite the retiring commissioners to give input. Commissioner Lundkvist seconded the motion, and it carried unanimously. Chair Bertsch asked Commissioners Lassiter and Frazier to work on the workshop. Corporation Counsel Ashida stated that the Sunshine law exempts workshops. Hawaii County Police Commission Regular Session Minutes March 18, 2005 Page 6 ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 04 -09: Complainant alleged that two officers breached the peace when they stood by while his vehicle was repossessed. Commissioner Frazier motioned to exonerate the officers. Commissioner Mitchell seconded the motion, and it carried unanimously. Complaint HPC 05 -01: Complainant alleged that some bikers beat him, and an officer did not offer him medical assistance. Commissioner Muller motioned to exonerate the officer. Commissioner Hara seconded the motion, and it carried unanimously. Complaint HPC 05 -02: Complainant alleged that an officer failed to warn motorists of the dangerous road condition and then did not admit that he was involved in the incident. Commissioner Muller motioned to refer this to the Chief for his review of the complainant's concerns over safety practices. Commissioner Hara seconded the motion, and it carried unanimously. • Complaint HPC 05 -04: Complainant alleged that an officer stated that he couldn't do anything about a TRO violation. Commissioner Lundkvist motioned to exonerate the officer. Commissioner Mitchell seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS ANNOUNCEMENTS • Commissioner Frazier stated that in a recent newspaper article, a County Council member stated that a commissioner has more power than a council member. He wants it to be known that the commissioners are not doing this as a power trip. • Collection of files and documents: Done. Chair Bertsch announced that the next monthly meeting is scheduled for April 15, 2005, at 9:00 a.m. in the Mayor's Kona Office Conference Room, Hanama Place, Suite 103, 75- 5706 Kuakini Highway. ADJOURNMENT The meeting was adjourned at 12:45 p.m. SUBMITTED: APPROVED: h � �l JOSIE PELAYO, SECRETARY JOHM M. BERTSCH, CHAIR