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HomeMy WebLinkAbout2005-04-15 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION SPECIAL MEETING MINUTES APRIL 15, 2005 REGULAR SESSION MAYOR'S KONA OFFICE CONFERENCE ROOM CALL TO ORDER Chair John Bertsch called the meeting to order at 9:03 a.m. ROLL CALL Present: John M. Bertsch, Chair Pudding Lassiter, Vice Chair James A. Frazier, Member Louis Kaoiwi, Member Melvin S. Morimoto, Member Anita Politano Steckel, Member Absent: Karolyn Lundkvist Betsy Mitchell A quorum was present. APPROVAL OF AGENDA Also Present: Lawrence K. Mahuna, Police Chief Harry S. Kubojiri, Deputy Chief James Day, Assistant Chief John Dawrs, Major Henry Tavares, Captain Kay Nishibayashi, Accountant Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary Commissioner Frazier motioned to approve the agenda. Vice Chair Lassiter seconded the motion, and it carried unanimously. STATEMENTS ON AGENDA ITEMS - None APPROVAL OF MINUTES Commissioner Frazier motioned to approve the minutes of March 18, 2005, regular and executive sessions. Vice Chair Lassiter seconded the motion. Discussion: Chair Bertsch questioned whether they should get the approval of former commissioners Hara, Manago, and Muller before approving the minutes since they were present at the meeting. Corporation Counsel stated that it was not legally required, although they could defer this matter until the next meeting in order for them to review the minutes. Commissioner Frazier withdrew his motion to approve the minutes. Vice Chair Lassiter withdrew her second. Commissioner Frazier motioned to defer approval of the minutes to the next meeting. Vice Chair Lassiter seconded the motion, and it carried unanimously. PERSONNEL ORDERS Commissioner Frazier motioned to accept Personnel Orders Nos. 2005 -029 to 2005 -046. Vice Chair Lassiter seconded the motion, and it carried unanimously. COMMUNICATIONS Commissioner Frazier motioned to accept the communications as listed. Commissioner Lassiter seconded the motion. Discussion: Commissioner Frazier pointed out that the Maui Police Commission minutes stated that they have not been able to purchase blue and whites. He suggested that Vice Chair Lassiter keep this in mind for the fleet Hawaii County Police Commission Regular Session Minutes April 15, 2005 Page 2 committee. Vice Chair Lassiter stated that the fleet committee is aware of this and suggested that the commission hold back on their comments for now. Vice Chair Lassiter stated that Corporation Counsel Lincoln Ashida should be applauded for taking time to write the commendation letter regarding the incident at the legislative auditor's office. The motion to accept the communications carried unanimously. COMMITTEE REPORTS • Budget and Finance (Frazier): Chair Bertsch stated that no one from the commission was present at the recent budget hearing before the County Council. • Office Management and Staffing (Bertsch /Mitchell): No report. Rules and Policies (Bertsch /Lundkvist): Chair Bertsch stated that it's been about a year since they made suggestions to changes in the rules, including the findings of "with merit" or "without merit," and Corporation Counsel was asked to review the rules for changes. Commissioner Frazier stated that they should go through the commission training before working on the changes. Corporation Counsel Ashida stated that they should develop two categories -- "sufficient evidence" or "insufficient evidence" of wrongdoing. In this way they would not be saying anything negative about the complainant that "with merit" or "without merit" would say. Chair Bertsch stated that he would like to get away from the current exonerate, unfounded, sustain, and not sustain. Chair Mahuna stated that "with merit" or "without merit" would be based on what the commission received. The officer does not have to give a statement to the commission, but when he goes before IA, he is compelled to give a statement. If IA finds misconduct, the fact that the commission exonerated him, may play a part, but the commission does not impose discipline. • Contractual Services (Frazier): No report. Public Relations (Bertsch /Lassiter): Vice Chair Lassiter congratulated Commissioners Steckel, Kaoiwi, and Morimoto for being appointed to the commission. She will put out a press release. She recently completed a press release of the newly graduated recruit class. Regarding the fleet committee, she would like the commission to hold back on any comments until they have heard other comments. CHIEF'S REPORT Including: • Crime: AC Day summarized the written report and highlighted the solving of several crime incidents that were in the news recently. Two officers who had been deployed to Iraq are back and continuing with their recruit training, so they now have 15 new recruits. They also have other officers coming back from Iraq and others returning after leaving the department. Hawaii County Police Commission Regular Session Minutes April 15, 2005 Page 3 Traffic: Major John Dawrs summarized the written report. Their enforcement efforts don't seem to have a bearing on the number of traffic fatalities. Their presence on the Queen K Highway is making a difference. People know they are out there and are slowing down, and they are issuing fewer tickets. There is an equal amount of citations given to local residents and tourists. They have had a lot of positive comments about their traffic enforcement on the Queen K Highway. Commissioner Frazier stated that at the South Kohala Traffic Committee meeting, the DOT Director stated that he was committing two signboards that could also be used for speed boards. Chief Mahuna reported that many of the fatalities are from people being catapulted out of the car and hitting the lava. Seat belt usage has dropped, so their emphasis will be on speed and seat belt usage. Personnel: Deputy Chief Kubojiri reported having 73 vacant position numbers. The 65th recruit class, consisting of 12 people, will start on Monday. Another class is expected to startup in July. They want to have at least 12 people in the class, and it would be small enough to be held in their conference room. Since December, Civil Service has been giving the recruit test every month. Right now, they have approximately 19 people who passed the written and agility test. Historically, two - thirds of the people are screened out. Civil Service has placed an ad in the LA Times and is looking at other West Coast newspapers. Commissioner Steckel suggested that they tutor applicants. She also suggested that the recruits be trained in sensitivity. Chief Mahuna reported that they are still working on the cadet program. They would like to move from the cadet program right into recruit training. They are also looking into the pay structure to pay people to get an associates degree in police science. Shortages in police departments is not only island wide, but also nationwide Finance: Accountant Kay Nishibayashi stated that the donation of the speed boards would have to be approved by the County Council. The high amount of overtime is due to the high number of vacancies. Assistant Chief Day stated that a lot of the overtime for the Traffic Enforcement Unit and Vice Section is paid for by grants, and it does not show up in the financial report. Chief Mahuna stated that they would inform the commission in advance of the next budget go- around with the County Council. • Commendations: Chief Mahuna reported receiving nine commendations since the last meeting. Other Departmental Activities: Chief Mahuna reported that they had a National Academy Refresher Training Course that looked at training against terrorism. The police department has received anti - terrorism mandates that are totally unfunded. The 2006 HIDA budget has been drastically cut. This could curtail vice activities in the narcotic field. He asked for the commission's support in contacting major politicians. He will make a letter that he sent out available to the commission. Recess was called at 10:35 a.m. The meeting reconvened at 10:55 a.m. Hawaii County Police Commission Regular Session Minutes April 15, 2005 Page 4 INVESTIGATION OF COMPLAINTS Corporation Counsel explained the reasons for an executive session. STATEMENTS ON COMPLAINTS JAYMIE AKIONA (Complaint HPC 04 -45): Stated that her boyfriend and her brother got into an incident (fight) outside of Kona Bowl. Her brother's wife hit her in the face and continued to hit her. She tried to defend herself by pulling the woman down. Someone grabbed her and pulled her down to the pavement. Her boyfriend yelled at the cop. She was trying to avoid confrontation between her brother and his wife. The police offered to take her to the emergency room, but she didn't want to because she didn't want to pay for it. She later went to the hospital. She had three drinks but was not intoxicated. She was not arrested. She was the only one knocked to the ground, and nobody took her sister -in- law off of her. She didn't' want to get involved in her brother's marital spat, so she went back twice to grab her boyfriend. As she was walking away, her sister -in -law hit her. EXECUTIVE SESSION (Closed to the Public) Commissioner Frazier 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). Vice Chair Lassiter seconded the motion, and it carried unanimously. Executive session convened at 11:10 a.m. Regular session reconvened at 12:40 p.m. UNFINISHED BUSINESS • Review of the Chief and Deputy Chief's salary for the Salary Commission along with Correspondence 05 -21. Chair Bertsch stated that they are still waiting to meet with the Salary Commission. Preparation for a training workshop for new and current commissioners. Chair Bertsch stated that the meeting would be held on June 16, at 9:00 a.m., the day before the monthly meeting. Commissioners Lassiter and Frazier will work on this. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 04 -19: Complainant alleged that because of the manner in which an officer handled an incident with his mother and son, he was arrested numerous times for violating a TRO. (Investigated by Legal Eyes.) Commissioner Frazier motioned to exonerate the officer on the charge of performance of duty. Vice Chair Lassiter seconded the motion, and it carried unanimously. • Complaint HPC 04 -45: Complainant alleged that while being held down by an officer, her leg broke. Vice Chair Lassiter motioned to exonerate the officer on the charges of standard of conduct, performance of duty, obedience to laws, malicious use of physical Hawaii County Police Commission Regular Session Minutes April 15, 2005 Page 5 force, excessive use of physical force, overbearing conduct, and conduct towards the public. Commissioner Steckel seconded the motion, and it carried unanimously. Complaint HPC 05 -05: Complainant received a citation for expired safety sticker. He alleged that when officers write citations on the State of Hawaii, District Court and Summons form, it is intimidation. Commissioner Frazier motioned that the complaint is not within the commission's jurisdiction and it is to be filed. Vice Chair Lassiter seconded the motion, and it carried unanimously. • Complaint HPC 05 -06: Complainant alleged that the police department's press release regarding a motorcycle fatality should have been written up differently. Vice Chair Lassiter motioned to exonerate the police department. Commissioner Frazier seconded the motion, and it carried unanimously. • Complaint HPC 04 -33: Complainant complained about the manner in which an officer spoke to him during an investigation. The complainant was referred to the Chief because the complainant informed the commission that Internal Affairs was already conducting an investigation. Internal Affairs apprised the commission of its findings. Commissioner Frazier motioned to exonerate the officer. Vice Chair Lassiter seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None ANNOUNCEMENTS • Collection of files and document — Done Chair Bertsch announced that the next monthly meeting is scheduled for May 20, 2005, at 9:00 a.m. at the Waimea Civic Center Conference Room. TIM REES requested a reconsideration of his complaints. No motion was made. His request died. ADJOURNMENT The meeting adjourned at 1:00 p.m. SUBMITTED: APPRO \\ /FIB. N. &W, JOSIE PELAYO, SECRETARY JOHN M. BERTSCH, CHAIR