Loading...
HomeMy WebLinkAbout2005-09-30 Police Commission MinutesHAWAII COUNTY POLICE COMMISISON SPECIAL MEETING REGULAR SESSION MINUTES SEPTEMBER 30, 2005 HAWAII COUNTY COUNCIL ROOM CALL TO ORDER: Chair John Bertsch called the meeting to order at 9:15 a.m. ROLL CALL Present: John M. Bertsch, Chair Pudding Lassiter, Vice Chair Louis Kaoiwi, Member Karolyn P. Lundkvist, Member Betsy Mitchell, Member Melvin S. Morimoto, Member Kaloa R.N. Robinson, Member Anita Politano Steckel, Member Absent: James A. Frazier, Member A quorum was present. Also Present: Lawrence K. Mahuna, Police Chief Harry S. Kubojiri, Deputy Chief James Day, Assistant Chief Ronald Nakamichi, Assistant Chief Elroy Osorio, Assistant Chief Henry Tavares, Captain Kay Nishibayashi, Accountant Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Lundkvist moved and Commissioner Politano seconded to approve the agenda with corrections to complaint numbers HPC 05 -20, 05 -21, and 05 -22 (listed as 04). The motion carried unanimously. STATEMENTS ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Kaoiwi moved and Commissioner Lassiter seconded to approve the minutes of August 12, 2005, regular and executive sessions. The motion carried unanimously. PERSONNEL ORDERS Nos. 2005 -090 to 2005 -104 (Including but not limited to work assignments, training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Vice Chair Lassiter moved and Commissioner Mitchell seconded to accept the personnel orders for filing. The motion carried unanimously. COMMUNICATIONS Commissioner Kaoiwi moved and Commissioner Mitchell seconded to accept the communications for filing. Discussion: Commissioner Politano Steckel stated that in Correspondence 05 -50, Mr. Christie gives no source, no explanation, and no backup. Corporation Counsel Ashida stated that the issue is that the county council has not reviewed the marijuana eradication program. Chair Bertsch stated that this matter does not apply to the commission. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 2 COMMITTEE REPORTS • Budget and Finance (Frazier) Correspondence 05 -46: Vice Chair Lassiter moved and Commissioner Kaoiwi seconded to accept the police commission's budget for fiscal year 2006 -07 as proposed in Correspondence 05 -46. The motion carried unanimously. Chair Bertsch read a memo from Commissioner Frazier stating that he found the department's management of finances good, and the challenge would be in wages, overtime, and fuel costs. • Office Management and Staffing (Bertsch /Mitchell): No report. • Rules and Policies (Bertsch / Lundkvist): Public Hearing on rule changes, October 21, 2005: Commissioner Lundkvist stated that Ms. Pelayo suggested a slight change to the wording used for "Insufficient Evidence," which she agrees. Corporation Counsel Ashida stated that the suggested change is not substantial, and the change could be made at the public hearing. • Contractual Services (Frazier): No report. • Public Relations (Bertsch /Lassiter): Vice Chair Lassiter reported that four commissioners attended the annual Hawaii State Law Enforcement Official's Association Conference hosted by the Maui Police Department. CHIEF'S REPORT Including: • Crime: Assistant Chief Day entertained questions to the written report. Clearance rates over 100% are carry -overs from prior months. The spikes in burglaries are attributed to groups working together. When the responsible parties are put away, the numbers of burglaries drop. Commissioner Mitchell stated that the Volcano community has experienced a high number of burglaries, and the police department has been very quick to help. This has made quite a difference in their community, and they feel good about the police department. Commissioner Bertsch stated that the success in Volcano is due to community involvement and especially the work of the community - policing officer. At one time West Hawaii had six CPOs, now they only have two. Assistant Chief Nakamichi reported that the parties responsible for the burglaries in mauka Kona have been apprehended. They are asking the community for help with their eyes and ears. Traffic: Assistant Chief Nakamichi summarized the written report. He requested clarification on the Chair's request at the last meeting for a breakdown of arrests by districts. Chair Bertsch stated that they are looking at resources for each district rather than just east side, west side. Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 3 Personnel: Assistant Chief Osorio stated that the spike in crime in the west side would have happened even with the CPOs. The CPO vacancies will probably remain for quite some time. Crime statistics are related to substance abuse. Chair Bertsch stated that having a CPO in your neighborhood gives you a feeling of security. AC Osorio entertained questions to the written report. He stated that they are still very much understaffed. They expected a large recruitment class of 20 -25 officers in December, although those officers will not take the road for some time. Chair Bertsch suggested that they call back people who applied for recruitment but did not show up for the test and actively recruit them to take the test. AC Osorio stated that civil service only gives them the names of those who took the test. He will check with civil service. • Finance: Accountant Kay Nishibayashi entertained questions to the written report; there were none. Correspondence 05 -45, police department's budget for fiscal year 2005 -2006: Chair Bertsch gave a report earlier in the meeting. Corporation Counsel Ashida stated that it was already accepted as communication and no further action was necessary. • Commendations: Chief Mahuna welcomed Commissioner Kaloa Robinson and stated that his door is always open. Chief Mahuna reported receiving eleven commendations for the month. Commander's Meeting Minutes of August 16, 2005: Chief Mahuna reported that he spoke to his commanders about continuity. Many of them have 25 -30 years of service, and he wants to ensure that there be no glitches when they leave. He wants the commanders to develop their subordinate commanders to internalize all the positive things they have done, so when it is time for them to take over, the police department will not suffer. Other Departmental Activities: On October 26 -28, at the Marriott Hotel, they will have an inter - county detective training seminar on physical and mental survival of officers. Chief Mahuna reported that the CALEA program is going very well, and they hope to have something formalized by next summer. Lt. Paul is going through their policies and procedures and most are compliant. The General Orders will be separated with general policy statements and operations manual with actual day -to -day operations of the police department. Chair Bertsch requested that Lt. Paul give the commissioners a quarterly progress report. Recess was called at 10:30 a.m. The meeting reconvened at 10:47 a.m. Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 4 INVESTIGATION AND DELIBERATION OF COMPLAINTS Corporation Counsel Ashida explained the difference between open and closed sessions. If an officer requests an executive session, the case will be heard in executive session. If the officer does not request a closed session, the case will be heard in open session. Chair Bertsch stated that whether someone requests an open or closed session will not make a difference in the commission's decision. STATEMENTS ON COMPLAINTS (open to the public) VALERIE BADON (Complaint HPC 05 -13): Summarized her written complaint. Her neighbor complained to the police about her husband's use of a pellet gun. When she got home, she saw two officers at her house. She asked them to move their cars so she could bring her two babies into the house. Officer Hodson was yelling and swearing at her husband. Her husband has PTSD, so she asked him what happened. He explained that he was shooting birds with a pellet gun, and a pellet hit the neighbor's roof. He said he was sorry, and it was not intentional. She explained this to the officer. Officer Hudson continued to yell and swear, so she told him to leave. He told her he could arrest her for obstruction of justice and was in her face and swearing the whole time. He said he would have the children removed by CPS. She gave the pellet gun to Officer Abelaye. Officer Hodson grabbed it and threw it in the bushes. She asked him why he asked for it and then threw it into the bushes. The officer grabbed her, said he was above the law, and threw her to the ground. She called 9 -1 -1. During the incident, she had an asthma attack. She told the officer she would report this to the police department and the police commission. Officer Abelaye was a nice officer and did nothing wrong. He pulled Officer Hodson off of her husband. OFFICER GAVIN KAGIMOTO (Complaint HPC 05 -17): Stated that he thinks the complainant, Roseline Santos, had a mistaken identity because he was not working that day. He does not know Mrs. Santos. Chair Bertsch stated that the case is past 60 days. Generally, the commission has no jurisdiction, but they have the ability to take in certain circumstances. AUDREY LEE (Complaint HPC 05 -21): Summarized her written complaint. On May 21, 2003, her husband took her onto Stainbeck Highway where she fell out of his van. She subpoenaed the records for her divorce case, and Officer Prudencio's report said she slipped on wet ground. His report made her look like a liar in court. At the hospital she told him it was a freak accident. The officer's report painted her a liar, and that's why they didn't prosecute her husband Chair Bertsch stated that they have a 60 -day rule. The complaint is past 60 days, but they need a full consensus of the commission. Recess was called at 11:30 a.m. The meeting reconvened at 11:43 a.m. Hawai'i County Police Commission Regular Session Minutes September 30, 2005 Page 5 EXECUTIVE SESSION (closed to the public) Commissioner Lundkvist moved and Commissioner Mitchell seconded 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). The motion carried unanimously. Executive session convened at 11:47 a.m. Lunch recess was called at 12:50 p.m. Executive session reconvened at 2:25 p.m. Regular session reconvened at 3:30 p.m. UNFINISHED BUSINESS Suggestions for revisions to the Chief of Police Evaluation Form. Commissioner Mitchell moved and Commissioner Lundkvist seconded to carry this over to the next meeting. The motion carried unanimously. NEW BUSINESS Correspondence 05 -52, from Commissioner James Frazier, requesting discussion on a newspaper article of the Kauai Police Department overspending its annual budget. Commissioner Lundkvist moved and Commissioner Mitchell seconded to carry this over to the next meeting. The motion carried unanimously. ACTION ON EXECUTIVE SESSION MATTERS Complaint HPC 04 -23: Complainant alleged that an officer misused his position when he involved himself in an ongoing problem with her neighbor. Legal Eyes investigated the complaint. Commissioner Lundkvist moved and Commissioner Kaoiwi seconded to not sustain the complaint. Commissioner Politano Steckel recused herself because she had contact with the complainant and may prejudice herself. The motion carried with a nay by Vice Chair Lassiter. Complaint HPC 04 -50: Complainant alleged that during the arrest of a runaway, an officer used physical force and mace on him. Vice Chair Lassiter moved to sustain the complaint. The motion died with no second. Commissioner Lundkvist moved and Commissioner Robinson seconded to not sustain the complaint. The motioned carried with a nay by Vice Chair Lassiter. Complaint HPC 05 -08: Complainant alleged that he was wrongly arrested for a TRO violation. Chair Bertsch stated that the TRO stated he could not enter the residence, garage, and yard. The complainant said he had the right to enter the residence to change the locks. Commissioner Morimoto moved and Commissioner Kaoiwi seconded to exonerate the officers. The motion carried with a nay by Commissioner Mitchell. Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 6 Complaint HPC 05 -12: Complainant alleged that while responding to a complaint by her neighbor of her husband's use of a pellet gun, an officer used profanity and shoved both her and her husband. Vice Chair Lassiter moved and Commissioner Robinson seconded to sustain the complaint. The motion carried with a nay by Commissioner Lundkvist. Complaint HPC 05 -17: Complainant alleged that an officer was cocky and refused to take photos of her vandalized vehicle. The 60 -day rule was waived. Vice Chair Lassiter moved and Commissioner Kaoiwi seconded to exonerate the officer. Discussion: Chair Bertsch pointed out that the officer was not on duty. Corporation Counsel Ashida stated that the motion to exonerate says the incident occurred but was lawful and proper. Perhaps unfounded would be a better classification. The motion and the second were withdrawn. Commissioner Lundkvist moved and Commissioner Mitchell seconded that the complaint is unfounded. The motion carried unanimously. Complaint HPC 05 -18: Complainant alleged that while investigating her neighbor's broken windshield, an officer told her neighbor that the complainant's statement was unreliable due to psychological reasons. Vice Chair Lassiter moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. The motion carried unanimously. Complaint HPC 05 -19: Complainant alleged that she requested records and was told it was not on file. Commissioner Mitchell moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. The motion carried unanimously. Complaint HPC 05 -20: Complainant alleged that reports were made but not put on file. Commissioner Mitchell moved and Commissioner Lundkvist seconded to decline further investigation because the complaint was not received within 60 days of the incident. Discussion: Chair Bertsch stated that the complaints are of a serious nature, but they need to follow their rules. The motion carried unanimously Complaint HPC 05 -21: Complainant alleged that an officer's report was inaccurate and as a result, the prosecutor would not charge her husband for abuse. The 60 -day rule was waived. Commissioner Lundkvist moved and Commissioner Robinson seconded that the complaint is unfounded. The motion carried unanimously. Complaint HPC 05 -22: Complainant alleged that an officer wrote the word "harass" in a miscellaneous publication, and that it was libelous. Vice Chair Lassiter moved and Commissioner Politano seconded to sustain the complaint. Discussion: Chair Bertsch stated that he had a difficult time understanding the complaint. He would like to compel both parties to come before them. Corporation Counsel Ashida stated that they could request both to attended the next meeting, but they could not compel the officer to be there. He recommended that the motion be withdrawn and that the parties be requested to come before the commission. The motion and the second were withdrawn. Commissioner Robinson moved and Commissioner Kaoiwi seconded to defer this to the next meeting and to request that the parties attend the meeting. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes September 30, 2005 Page 7 Complaint HPC 05 -24: Complainant alleged that an officer did not take their statements when he responded to a fight because his son was involved. As a result, two more fights ensued at different locations. Chair Bertsch temporarily relinquished his seat as Chair to Vice Chair Lassiter. Commissioner Bertsch moved and Commissioner Politano Steckel seconded to refer the complaint to the investigator. The motion carried unanimously. Commissioner Bertsch stated that they do not have enough information because of the issue of nepotism and conspiracy, and he would like to investigate and obtain more information. He moved and Commissioner Mitchell seconded to investigate the allegations of standard of conduct, impartial attitude, and conduct towards the public for when the complainant went to the police station to make a complaint. Discussion: Commissioner Kaoiwi stated that he worked with the officer in the Department of Public Safety and would rather not vote because he could not be impartial. The motion carried with Commissioner Kaoiwi recusing himself. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Bertsch announced that the police commission would hold a public hearing on proposed amendments to its rules and regulations on October 21, 2005, at 9:00 a.m. in the Department of Liquor Control Conference Room, 75 -5722 Hanama Place, Suite 103, Kailua -Kona. The monthly meeting will follow the public hearing at 9:30 a.m. • Collection of files and documents. — Done. ADJOURNMEN The meeting adjourned at 4:12 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: JOHN M. BERTSCH, CHAIR