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HomeMy WebLinkAbout2005-10-21 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION SPECIAL MEETING REGULAR SESSION MINUTES OCTOBER 21, 2005 KONA DEPARTMENT OF LIQUOR CONTROL CALL TO ORDER Chair John Bertsch called the meeting to order at 10:00 a.m. ROLL CALL Present: John M. Bertsch, Chair James A. Frazier, Member Louis Kaoiwi, Member Betsy Mitchell, Member Melvin S. Morimoto, Member Kaloa R. N. Robinson, Member Anita Politano Steckel, Member Absent: Pudding Lassiter, Vice Chair Karolyn P. Lundkvist, Member A quorum was present. Also Present: Harry S. Kubojiri, Deputy Chief James Day, Assistant Chief Ronald Nakamichi, Assistant Chief Paul Ferreira, Major Kay Nishibayashi, Accountant Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Frazier moved and Commissioner Mitchell seconded to approve the agenda as distributed. The motion carried unanimously. STATEMENTS ON AGENDA ITEMS MRS. ELLIE WADE spoke on her Correspondence 05 -56 regarding the lack of help and rehabilitation for our youth. Her grandson broke into her house twice. This island needs a facility to incarcerate these kids. There are no halfway houses on this island, and the Salvation Army has restrictions. She doesn't know what to do next. Commissioner Kaoiwi stated that he understood the frustration she and other family have gone through, but the State is the one she should go to for assistance. She needs to get help from her representative and senator. APPROVAL OF MINUTES Commissioner Mitchell moved and Commissioner Politano Steckel seconded to approve the minutes of September 30, 2005, regular and executive sessions. The motion carried unanimously. PERSONNEL ORDERS Commissioner Frazier moved and Commissioner Mitchell seconded to accept the Personnel Orders for filing. The motion carried unanimously. COMMUNICATIONS Commissioner Kaoiwi moved and Commissioner Morimoto seconded to accept the communications for filing. Discussion: Commissioner Frazier inquired whether they could discuss an "FYI" letter that was not on the agenda. Corporation Counsel Ashida stated they could agendize it for the next meeting. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes October 21, 2005 Page 2 COMMITTEE REPORTS • Budget and Finance (Frazier): No report. • Office Management and Staffing (Bertsch /Mitchell): No report. • Rules and Policies (Bertsch /Lundkvist): Chair Bertsch reported that rule changes were made at the public hearing that preceded this meeting. • Contractual Services (Frazier): Commissioner Frazier recommended that they extend the investigator's contract for an additional year. Chair Bertsch stated that he would like to discuss this further after discussing Corporation Counsel Ashida's suggestions for investigating citizen complaints (Correspondence 05 -54). • Public Relations (Bertsch /Lassiter): Chair Bertsch reported that Vice Chair Lassiter was on her way to Miami, Florida for the National Association of Civilian Oversight of Law Enforcement (NACOLE) conference, when all flights to Miami were cancelled due to the impending hurricane. She is now stranded in Washington, D.C. CHIEF'S REPORT Including: • Crime: Assistant Chief Day reported that CIS has solved many cases from prior months. Chair Bertsch stated that burglary cases are hot topics in his area, as in other areas in town. He inquired as to how they could help the officers in the field. Assistant Chief Day stated that officers at the scene have been trained. It is expensive, but they could always use more training. If they could get two officers at the scene, they could do more work, but they don't have enough people. The Community Policing Officers help to educate the public in deterring crime, but they are short - staffed, and the CPOs are now doing patrol work. • Traffic: Assistant Chief Nakamichi summarized the written report. He stated that the high number of seatbelt violations is a result of officers going out on a grant- funded program. Personnel: Major Paul Ferreira entertained questions to the personnel report. They expect some vacancies to be filled in the next several months. Chair Bertsch stated that last year the county council gave the police department 15 new positions. He questioned why they couldn't have balanced vacancies in every district. Kona is short 43% vs. Hilo which is short 21 %. Finance: Accountant Kay Nishibayashi entertained questions to the financial report. She stated that they supplement overtime payments with regular time wages from vacant positions. • Commendations: Deputy Chief Kubojiri reported receiving seven commendations in the past month. Hawaii County Police Commission Regular Session Minutes October 21, 2005 Page 3 Commander's Meeting Minutes of September 27, 2005: Commissioner Frazier stated that the monthly meetings are a great way to understand what's going on in the department. He encouraged the other commissioners to attend the meetings, especially when it's in their district. Other Departmental Activities: Deputy Chief Kubojiri informed that the recruit graduation would be held on October 27 at Nani Mau Gardens in Hilo. Deputy Chief Kubojiri stated that many things could be done to prevent burglaries. Ms. Lillian Beaufrere of Solutions (in attendance) is a great source of information. They could put word out for people to get involved with community watches. They do recognize the staffing shortage in Kona, some of which can be attributed to the new positions created by the county council, the ice task force, and the airport interdiction program. In addition, they have retirements and other movements. They don't have incentives for officers to live in Kona versus traveling. Requests for transfers go to officers with seniority before recruits. Field training is done in Kona and Hilo. They have OJT in Puna and Waimea only when they have enough in Kona and Hilo. They try to accommodate recruits who live on the west side to train on the west side. The recruit class should be doing on the job training in November. Chair Bertsch reiterated his concern over balancing out the vacancies and making sure it's equal throughout the districts. Chair Bertsch stated that at the last meeting, he shared the story about a young lady who applied for police recruit but didn't take the written test. She stated that maybe if someone had followed -up with her, she might have pursued her police application. He questioned if it were possible for the police department to get a list of people who applied or inquired about the police recruit positions and then use it as target market. Major Ferreira stated that he would look into it. The career fairs are also helping. He commended the Department of Civil Service for their recruitment efforts and for allowing people to retake the agility test. Police officer recruitment is continuous. Recess was called at 11:15 a.m. The meeting reconvened at 11:25 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS STATEMENTS ON COMPLAINTS JULIE COMPTON (Complaint HPC 05 -20): Stated that she has a lot of stress in her life. There are times when it gets too much and she calls the crisis line. This time the crisis line told her to call 911, which she did. She had just gotten off the phone when her bedroom door busted in on her. A big person grabbed her by the back of her hair. They didn't say who they were. First, they said there was a loud noise complaint. She was kicked in the back. She didn't know why they were there. No laws were broken. She asked for their names and badge numbers, and they said she didn't need it. Someone grabbed her arms from the back like stuffed pig. Her witnesses, her roommates, all moved away. She passed around photos showing bruises on her body. The officers mocked and laughed at her the whole time. She wanted to go to the hospital for medical assistance. Lt. Ballesteros said officers were there because of a help call. They were there to help. She assumed her neighbors called the police. Hawaii County Police Commission Regular Session Minutes October 21, 2005 Page 4 EXECUTIVE SESSION Commissioner Mitchell moved and Commissioner Frazier seconded 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 11:20 a.m. Regular session reconvened at 12:50 p.m. UNFINISHED BUSINESS • Revisions to the Chief of Police evaluation form. Chair Bertsch stated that he was under the impression they would use the Fire Commission's format. Commissioner Frazier stated that the evaluation form needs to be tweaked, and they need to have a rating range. Commissioner Robinson stated the document is more complicated than it needs to be, and it asks for judgment on subjects they may not be comfortable about. Chair Bertsch stated that he would like to remove the numeric rating and just give statements on things the chief has done, the positives, as well as areas that need improvement. Commissioner Morimoto stated that in looking at the chief's status report on his goals, he wouldn't be able to use the current evaluation form. Chair Bertsch appointed Commissioner Robinson to the Committee on Office Management and Staffing and asked him to make suggestions to the chief's evaluation form and have it distributed to the commissioners prior to the next meeting. • Commissioner James Frazier requested discussion on a newspaper article that the Kauai Police Department overspent its annual budget. Commissioner Frazier suggested that they all pay attention to the budget reports. Chair Bertsch stated that this commission is probably the most powerful in this county, and they need to read their paperwork. NEW BUSINESS • Public hearing held at 9:00 a.m. (prior to this meeting) on amendments to the commission's rules. Suggested amendments: The commission shall submit an annual report to the managing director, the regular monthly meeting shall start at 9:00 a.m., and the classifications of case findings will be sufficient evidence or insufficient evidence. Chair Bertsch stated that action was taken at the public hearing. Corporation Ashida stated that the revised rules do not go into effect until the Mayor signs it. • Correspondence 05 -53, from a concerned and frustrated police officer. He expressed concerns about the moral and feelings of the patrol officers due to shortages in personnel and the dramatic increase in workload. The officer gives suggestions on how to deal with the problems they are facing. Chair Bertsch stated that this is an unsubstantiated, anonymous correspondence and that the commission should not take any action. Even the newspaper will not accept unsigned, Hawaii County Police Commission Regular Session Minutes October 21, 2005 Page 5 anonymous letters. Commissioner Frazier suggested that they go out into their districts, go on ride alongs, and talk to the people. Correspondence 05 -54, from Corporation Counsel Lincoln Ashida regarding suggestions for investigation of citizen complaints and protocol for commission meetings. Corporation Counsel Ashida stated that he was a prosecutor for many years, and knows that the police do thorough investigations. He envisions all cases going directly to I.A. straight from Ms. Pelayo, and the officer and the complainant never going to commission meetings. Honolulu Police Commission has a 100% paper review only. Commissioner Frazier pointed out that the Honolulu Police Commission has three investigators and a supervisor. Chair Bertsch suggested that they prescreen the complaints like they currently do. Corporation Counsel Ashida stated that he would put his suggestions in writing. Chair Bertsch recommended that they extend the investigator's contract for an additional year. Commissioner Frazier moved and Commissioner Mitchell seconded to extend the current contract with Legal Eyes Investigative Services for an additional year. The motion carried unanimously. • Correspondence 05 -55, from Honolulu Police Chief Boisse Correa inviting members of the police commission to a class on "Emotional Survival for Law Enforcement." Chair Bertsch asked the members to send him an e -mail if they were interested in attending. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 05 -20: Complainant alleged that four officers used excessive force when they responded to her 9 -1 -1 call. She also alleged that they didn't give their names and badge number when asked. Commissioner Frazier moved and Commissioner Kaoiwi seconded that the complaint is unfounded. The motion carried unanimously. Complaint HPC 05 -22: Complainant alleged that an officer's Miscellaneous Publication report was libelous. Corporation Counsel Ashida stated that assuming the commission vote to not sustain, they could send letter to chief that a full -blown investigation was not necessary, and to have the ranking officer speak to the officer about his words, tone, and interaction with the complainant. Commissioner Robinson moved to not sustain the complaint and to send a letter to the chief noting their concern about the officer's conduct and possible mishandling of the situation. Commissioner Politano seconded the motion, and it carried unanimously. • Complaint HPC 05 -23: Complainant alleged that an officer demanded he go home or be given a ticket for not using his right turn signal. Commissioner Frazier moved and Commissioner Mitchell seconded to exonerate the officer. The motion carried unanimously. • Complaint HPC 05 -26: Complainant alleged that an officer reported interviewing two men but the men swore they were not interviewed. Commissioner Mitchell moved and Commissioner Robinson seconded that the complaint is unfounded. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes October 21, 2005 Page 6 • Complaint HPC 05 -27: Complainant alleged that the Police Department wouldn't give him information regarding his son's arrest and damages to his truck. Chair Bertsch stated that they would defer the complaint to the next meeting in order to give the complainant time to meet with police personnel. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Bertsch stated that the county would be having its employees of the year ceremony on the same day as the commission's next monthly meeting, November 18 at 10:00 a.m. They would like to attend the ceremony, and so the next meeting will start at 8:00 a.m. They will recess just prior to the start of the awards ceremony and reconvene after the ceremony. The December 16 meeting will be in Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 1:40 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY JOHN M. BERTSCH, CHAIR