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HomeMy WebLinkAbout2005-11-18 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION SPECIAL MEETING NOVEMBER 18, 2005 REGULAR SESSION MINUTES HAWAII COUNTY COUNCIL ROOM CALL TO ORDER Chair John Bertsch called the meeting to order at 9:05 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 Elroy Osorio, Assistant Chief John Dawrs, Major Kay Nishibayashi, Accountant Lincoln S. Ashida, Corporation Counsel APPROVAL OF AGENDA Commissioner Lundkvist moved and Commissioner Steckel seconded to approve the agenda with the addition of the public hearing minutes of October 21, 2005 STATEMENTS ON AGENDA ITEMS JOYCE KAUKINI stated that she was there to speak on her complaint about her husband's auto accident but would also like to speak about insurance companies that affected them following her husband's auto accident. After their accident, the insurance company did things behind their backs. Their name was pulled off the policy. AIG had spread a bunch of rumors that her husband was involved in a lot of accidents, and as a result, they have not been able to get any car insurance. The two insurance companies did things behind their backs. The officer made a wrong police report, so the insurance companies wouldn't believe them. Chair Bertsch suggested that they submit a complaint with the State Insurance Commission and get assistance from the Governor's Liaison Office. APPROVAL OF MINUTES Commissioner Kaoiwi moved and Commissioner Mitchell seconded to approve the minutes of October 21, 2005, regular and executive sessions and the public hearing. The motion carried unanimously. PERSONNEL ORDERS Commissioner Lundkvist moved and Commissioner Kaoiwi seconded to accept the Personnel Orders for filing. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 2 COMMUNICATIONS • Vice Chair Lassiter moved and Commissioner Kaoiwi seconded to accept the communications for filing. The motion carried unanimously. COMMITTEE REPORTS • Budget and Finance (Frazier): No report. • Office Management and Staffing (Robinson /Mitchell): No report. • Rules and Policies (Bertsch /Lundkvist): Chair Bertsch reported that after many months, they were able to institute rule changes. He thanked everyone for helping to make positive changes and streamlining their process. • Contractual Services (Frazier): No report. • Public Relations (Bertsch /Lassiter): Vice Chair Lassiter reported that she was on her way to Miami, Florida for the National Association of Civilian Oversight of Law Enforcement Officials Conference (NACOLE) when a hurricane struck Miami, and the conference was cancelled. CHIEF'S REPORT Including: • Crime: Assistant Chief Day summarized the written report. They are doing relatively well with clearances. Area II has over 100% clearance due to clearances from prior crimes. They are continuing with same the issues — ice task force, vice units, airport interdiction. They hope to have the Cooper Center substation in Volcano ready for use in about two to three months. Commissioner Mitchell reported that the Volcano Community has been receiving help from the Police Department, especially Community Policing Officer Kimo Siemann, with derelict houses that kids and druggies use for clubhouses. They are trying to get these houses fixed up or sold. Commissioner Steckel informed about break -ins and a suspicious area in Puueo. Assistant Chief Day will look into the area. Personnel: Assistant Chief Osorio entertained questions to the written report. Chair Bertsch stated that he is still concerned about the allocation of resources, and begged them to look at the numbers. The crime rate is much more in Kona. He wants solutions. Commissioner Morimoto stated that he mirrors Chair Bertsch's sentiments. The Kona side is shorthanded, and they need help. He wants more officers in the West side. Assistant Chief Osorio stated that they could help by encouraging young people to put in a job application. Shortage in police personnel is a nation -wide problem. Captain Tavares stated that it takes two to three months to complete background checks, depending on the cooperation of employers and neighbors. Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 3 • Traffic: Major Dawrs summarized the written report. DUI arrests are down compared to last year. He believes this is due to manpower shortage. Commissioner Morimoto stated that he believes the speed boards have helped stop speeding in his area. Major Dawrs stated that the speed boards are rotated once a month to different areas around the island. A lot of the people are commuters, and if they don't see officers on the road, they get heavy footed. Commissioner Kaoiwi expressed concern over ATVs on the roads. Kids in his neighborhood are using Panaewa Railroad Avenue as a racetrack. People in his community appreciate officers making their rounds in the area. Captain Dawrs reported having three fatalities involving ATVs in the past month. Finance: Accountant Kay Nishibayashi entertained questions to the written report. She stated that they have a status quo budget for utilities, and costs have risen. They will be short this year and next year unless they request additional funds to cover the shortage. Commissioner Kaoiwi stated that he read an article in the Hawaii Island Journal requesting an audit of the police department. He believes it's not needed, and the department is doing a good job. • Commendations: Chief Mahuna reported receiving 12 commendations involving 48 employees since the last meeting. • Commander's Meeting Minutes of October 27, 2005: No discussion. • Other Departmental Activities: Chief Mahuna expressed concern over the use of ATVs, especially children who race down roads at 70 mph. Parents are partly to blame for seeing ATVs as toys. Regarding speeders, they are taking a proactive approach, and fatalities are down. Regarding personnel, Kona does have a problem, but he is optimistic that the police department will be fully staffed in the future. Almost all dispatch positions have been filled. Applicants from out of state have made background checks more difficult, but they don't want to compromise the recruitment process just because someone lives far away. Captain Tavares and his staff are very astute in doing background checks. Chief Mahuna thanked Corporation Counsel for help with the new pursuit policy that is now part of the General Orders. Chief Mahuna stated that the staffing problem in Kona is partly due to most applicants coming from East Hawaii. The main reason officers don't want to be in Kona is because they can't afford to live there. With the high price of housing in West Hawaii, it is difficult for officers to afford a home there, even with a working spouse. A police Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 4 officer will care more about the place he lives and works in, rather than just the place he works. Commissioner Lundkvist stated that she belongs to several organizations and will bring to them the idea of building homes. Chair Bertsch wondered if the County could help with subsidizing a home for police officers. Vice Chair Lassiter said they need to work with the media to inform the public that officers need a place to live. Chair Bertsch stated that his number one concern is to get more staff in Kona. They need to see what they can do to bolster their resource in the Kona side. Crime and traffic rates are always higher in Kona. UNFINISHED BUSINESS Revisions to the Chief of Police Evaluation Form. Chair Bertsch asked Commissioners Kaoiwi and Robinson to work together and develop a new evaluation form similar to that of the Fire Commission. He asked that Commissioner Kaoiwi, who is the senior member, and who was on the Fire Commission, to take charge. When they have the final document, they are to send it to Ms. Pelayo for distribution. INVESTIGATION AND DELIBERATION OF COMPLAINTS STATEMENTS ON COMPLAINTS (open to the public) JOYCE KAUKINI (Complaint HPC 05 -25): While stopped at a stop sign, a little over the line, a truck came down and hit them. An officer came and told them they hit the other person. It took about two months to get to the officer because he was in Kona. The officer refused to change the police report. The insurance company said they were wrong. They couldn't have been wrong because they had come to a complete stop. AIG cancelled their policy and sent word out to other insurance companies that her husband was involved in five accidents. Their insurance company paid $20,000 without their approval. Chair Bertsch stated that the commission has the ability to waive the 60 -day rule, but they do not have the ability to allow it past one year. The accident happened in 2003, and the commission cannot do anything at this late date. He again suggested they file a complaint with the Insurance Commission. EXECUTIVE SESSION (closed to the public) Commissioner Lundkvist moved and Commissioner Kaoiwi 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 9:44 a.m. Recess was called at 10:00 a.m. in order for the commissioners and the Chief and his staff to attend the annual County Employee of the Year Awards. Executive session reconvened at 11:40 a.m. Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 5 Regular session reconvened at 12:00 noon. ACTION ON EXECUTIVE SESSON MATTERS • Complaint HPC 05 -25: Complainant was involved in an auto accident. He alleged that an officer did not give him a chance to explain and did not ask if anyone was hurt. Vice Chair Lassiter moved and Commissioner Steckel seconded to decline further investigation because the complaint was received more than 60 days from the date of the incident. The motion carried unanimously. Complaint HPC 05 -28: Complainant was arrested for DUI. He alleged that during the traffic stop, he was not advised of his rights and was not given a roadside sobriety test. He also complained about the manner in which he was treated while at the police station. Commissioner Politano Steckel stated that in another case, they could not get enough evidence, and suggested that the Chief's office look into the complaint. Chair Bertsch stated that in the past they when they couldn't make a decision, they would send it to the Chief's office for review. They administratively discharged the case, but his feeling is that they were not fulfilling their obligation as a Police Commission. He recommended that they make a determination based on the facts they had. They could send it to Internal Affairs, their own investigator, or make a determination. Commissioner Morimoto moved that the complaint was unfounded. There was no second, and the motion died. Commissioner Kaoiwi moved that the officer be exonerated. There was no second, and the motion died. Commissioner Mitchell moved and Commissioner Robinson seconded to defer the complaint, and request that the officer and complainant attend the next meeting and provide additional information. Discussion: Commissioner Robinson stated this is probably one of the most articulate testimonies he's read, but the record shows that the complainant has a history of incidents relating to this type of behavior. Commissioner Politano Steckel pointed out that this 21 -year old has been arrested at least three times for the same thing. The motion to defer the complaint carried unanimously. Complaint HPC 05 -29: Complainant alleged that two officers attacked and beat him when he tried to stop them from arresting another man. Commissioner Lundkvist moved and Commissioner Kaoiwi seconded to exonerate the officer. Discussion: Chair Bertsch stated his personal opinion that if they refer it to their investigator or Internal Affairs, they would get the same "he said" "she said" situation. Commissioner Morimoto stated that the motion is to exonerate. Exonerate means the incident Hawaii County Police Commission Regular Session Minutes November 18, 2005 Page 6 occurred. He feels it should be unfounded, that the complaint was not based on facts. The motion was defeated with the remaining commissioners voting nay. Commissioner Morimoto moved and Vice Chair Lassiter seconded that the complaint is unfounded. Discussion: Commissioner Morimoto stated that he believes the officers did not attack and beat the individual and were not involved in the altercation. Chair Bertsch stated that if the officers were not involved, they can't be found guilty, and unfounded would be appropriate. Commissioner Lundkvist stated that if the officers did their job, they should be exonerated. Chair Bertsch stated that the complainant alleged that he was beaten and attacked by two officers, but one officer wasn't there and the other officer was taking someone else into custody. They need to answer whether the two accused officers attacked and beat the individual. The motion was defeated with ayes from Morimoto, Lassiter, Bertsch, and Robinson. Nays were from Lundkvist, Steckel Politano, and Mitchell. Vice Chair Lassiter moved and Commissioner Robinson seconded to not sustain the complaint. The motion carried with a nay from Commissioner Kaoiwi. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Bertsch announced that the Police Commission's next monthly meeting would be on December 16, 2005, at 9:00 a.m., at King Kamehameha's Kona Beach Hotel, 75- 5660 Palani Rd., Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 12:40 p.m. SUBMITTED: APPROVED: JOSIE PELAYO, SECRETARY JOHN M. BERTSCH, CHAIR