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HomeMy WebLinkAbout2006-04-21 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION REGULAR SESSION MINUTES APRIL 21, 2006 AUPUNI CENTER CONFERENCE ROOM Reverend Earl Ikeda gave a blessing. Commissioner Lundkvist introduced Jackie Murai of the Impaired Driving Traffic Task Force. Ms. Murai briefly summarized the program. Commissioner Frazier welcomed new Police Commissioner Thomas Whittemore from North Kona. CALL TO ORDER Vice Chair Morimoto called the meeting to order at 9:15 a.m. ROLL CALL Present: Melvin S. Morimoto, Vice Chair Also Present: James A. Frazier, Member Karolyn P. Lundkvist, Member Betsy Mitchell, Member Anita Politano Steckel, Member Kaloa Robinson, Member Thomas P. Whittemore, Member Pudding Lassiter, Chair (arrived at 12:12 p.m.) Absent: Louis Kaoiwi, Member APPROVAL OF AGENDA Lawrence K. Mahuna, Police Chief Harry S. Kubojiri, Deputy Chief Elroy Osorio, Assistant Chief James Day, Assistant Chief John Dawrs, Major Henry Tavares, Captain Kay Nishibayashi, Accountant Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary Commissioner Frazier moved and Commissioner Lundkvist seconded to approve the agenda with deletion of executive session minutes. The motion carried unanimously. STATEMENTS ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Lundkvist moved and Commissioner Mitchell seconded to approve the minutes of March 17, 2006, with an amendment to the time of investigation of complaints. The motion carried unanimously. PERSONNEL ORDERS Commissioner Mitchell moved and Commissioner Lundkvist seconded to accept Personnel Orders Nos. 2006 -034 to 2006 -045. The motion carried unanimously. COMMUNICATIONS Commissioner Frazier moved and Commissioner Lundkvist seconded to accept the communications as listed. Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 2 Discussion: Regarding Correspondence 06 -12, Commissioner Frazier inquired whether they should respond to the Cost of Government Commission as a body or individuals. Corporation Counsel Ashida stated that the correspondence was sent to all county agencies, boards, and commissions. They may respond as individuals, but must state that he or she is a police commissioner. They must respond in order for the Cost of Government Commission to do its job. Regarding Correspondence 06 -11, Corporation Counsel Ashida stated that none of the Hilo commissioners attended the Sunshine Law workshop on April 18, so he expects them to attend the session on May 10, 2006. The motion carried unanimously. COMMITTEE REPORTS • Budget and Finance (Frazier /Morimoto): Commissioner Frazier reported that he was pleased that four commissioners attended the County Council Finance hearing for the Police Department. The council was very responsive to Chief Mahuna's requests in the supplemental budget. He asked that the Chair resubmit a proposal for compensation for the Chief and Deputy Chief similar to what was submitted previously by former Commissioner Manago. Commissioner Lundkvist stated that the hearing was very informative, and the council asked for their input. The council suggested that they submit a request to the Salary Commission for an increase in the Chief's salary. The police commission wants the Chief and Deputy to get a salary increase. Corporation Counsel Ashida suggested that they specifically agendize the Chief and Deputy Chief's salary for the next meeting for further discussion. • Office Management and Staffing (Lundkvist /Mitchell): Commissioner Lundkvist reported that Ms. Pelayo received an outstanding job performance evaluation. For those who were interested on going on ride - alongs, she had waiver of liability forms. • Rules and Policies (Kaoiwi): The committee had no report. • Contractual Services (Robinson): The committee had no report. • Public Relations (Lassiter /Politano Steckel: Commissioner Politano Steckel thanked Chief Mahuna for allowing the police department to participate in the Merry Monarch parade. The department is also assisting in the East Hawaii Cultural Center jubilee. No date has been set for the event. Commissioner Politano Steckel introduced Ms. Chris Loos, the department's new public relations specialist. Ms. Loos stated that she was very happy to be working as an advocate for the police department. She has a good rapport with the media, and will be Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 3 working as the department's media liaison. She will be updating the website and preparing the annual report. She will try to do a feature story with the newspaper on officers returning from Iraq. She has booked two radio spots for police week. Commissioner Robinson stated that SHOPO is very visible on the local access cable, and inquired about doing something similar. CHIEF'S REPORT Including: • Crime: Assistant Chief Day explained the format of the written crime report and the high number for thefts. Traffic: Major Dawrs summarized the written report. In response to Commissioner Whittemore's inquiry, he stated that they do not target tourists, but at the same time, they don't not give them tickets. Commissioner Whittemore asked that they show the DUI stats by district. Jackie Murai stated that the task force is looking into the sentences to see if the court is maximizing the use of the sentence. Assistant Chief Osorio stated that in terms of the "You Drink, You Drive, You Lose" program, it is working. They are gradually seeing seatbelt compliance and have the highest compliance rate in the nation. About 10% of DU Is also have other violations. • Personnel: Assistant Chief Osorio reported having 72 sworn vacancies. There are 17 recruits in the 67th recruit class. They will be starting another class withl2 recruits and hope to start another one in September. By this time next year, they hope to have a more cheerful vacancy report. • Finance: Accountant Kay Nishibayashi entertained questions to the financial report and explained the grant budget. • Commendations: Chief Mahuna reported receiving 9 commendations since the last meeting. • Commander's meeting minutes of March 21, 2006: No discussion. • Other departmental activities: Chief Mahuna reported that they will be working in concert with Parks and Recreation on the Halehalewai substation. Hopefully, this will help reduce criminal activity in the park area. Regarding impaired drivers, the death rate on our roads far exceeds homicides. The Impaired Driving Task Force needs to focus on the judiciary side, any side that's falling down. He would like to have commissioners be part of the task force. Regarding the Kona station, his personal feeling is that they should just demolish the old Captain Cook station and put a 2 -3 level building in its place. It is a perfect location. For growth, he recommends a multi -level building. They will also need a shooting range. This property is in the most appropriate location, although the area has insufficient parking. On the plus side, the gas pumps are already there. He would like to Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 4 incorporate a small dormitory. Hopefully, they can convince the finance people that that would be the most judicious use. Commissioner Lundkvist stated that a new police substation is high on the list for the Puna Development Task Force. Chief Mahuna stated that the substation will be in the area of the new fire station. Commissioner Mitchell thanked Chief Mahuna for opening the Volcano substation. Commissioner Politano Steckel asked to have Officer Reyes back at their Puueo substation. They also need a computer. She also asked about incentives such as tuition assistance for children of police officers. Chief Mahuna stated that that would have to be brought before the County Council. Recess was called at 10:45 a.m. The meeting reconvened at 11:00 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS Corporation Counsel Ashida explained the difference between open and executive sessions. STATEMENTS ON COMPLAINTS (open to the public) DETECTIVE JASON CORTEZ (Complaint HPC 05 -35): Stated that this complaint involved a criminal investigation of the complainant's daughter who stole her jewelry. The case itself was resolved after he contacted the daughter. He obtained a confession. He walked her through with the prosecutor and recommended drug counseling. The initial officer did a good job in getting her jewelry. They have someone from the National Guard who helps them with all the pawn shop receipts and inputs and checks with pawn shops. This was the one and only time that he utilized this person, and so he remembers it. He forgot to tell the complainant about it. The jewelry was important to her because it has sentimental value. It bothers him that he could not get all her jewelry back. NAPUA CORREA (Complaint HPC 05 -35): Stated that her complaint was about her jewelry not being returned. In 2004 she went to the pawn shops to find out how much it would cost to retrieve them. She got back 4 items out of 23 items. She felt that when the pawn slips were given out, it was not done properly. She didn't get a fair run of it. She went to the pawn shops the next day, and they said they had it. She told them they were stolen and that she would prosecute her daughter. STEVEN WEINSTEIN (Complaint HPC 06 -03): Summarized his written complaint. While passing a line of cars in which two officers where in, the officers sped up from 48 to 58 mph. He got ticketed for going 59 in a 55 zone. After he was cited, the younger officer sped away. He told Officer Troutman to ticket the officer. He feels that he was set up. He mentioned that he lives in Waikoloa Village, and the young officer said, "So I'll see you there." He thought that was inappropriate. He feels that it was a setup. Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 5 OFFICER MARVIN TROUTMAN (Complaint HPC 06 -03): Stated that they were traveling at a speed of 48 -50 mph. Their speed increased to about 55 or so. The vehicle passed him at a high rate of speed and didn't brake when he (complainant) saw him. When he stopped the man, Weinstein, he said it was entrapment. He was cited for basic speed, no insurance, and no registration. Weinstein told Officer Cerezo that he sees him at the 25 mile marker in Waikoloa. Officer Cerezo said he'd see him in Waikoloa. Weinstein made a comment that Officer Cerezo was speeding, so he asked him if his car had a certificate of calibration. OFFICER EARL HASKELL (Complaint HPC 06 -02): Stated that they got a call about a suspicious person in the bush of the Kona Islander Inn. They had numerous calls in the past of homeless people entering the vacant rooms and sleeping there. Upon checking, they found a male person sleeping in the bushes. He stated that he didn't' know where he was and that he was thirsty. They sat him on a wall. The man appeared to be suspicious. He gave Officer Davies two different names. While on the wall, the man turned himself around and ran away. He ran towards Officer Davies. Officer Davies took a side step and the man, Larinaga, fell. He said, "I'm sorry, I should not have run away from you this morning." He didn't know what Larinaga was talking about. ELIZA QUIDANG (Complaint HPC 05 -32): Stated that she filed a complaint because she didn't know if the search warrant was correct. She watches a lot of shows on TV such as Law and Order and NYPD. She was not read her rights. An attorney said he wanted a $10,000 retainer. Corporation Counsel Ashida informed Ms. Quidang that in the event that she is charged in a crime, anything she says could be used against her. Her complaint is about the method in which the police conducted themselves. The commission cannot tell the police how to execute a search warrant. He suggested that she find an attorney. MARTHA MULLINS (Complaint HPC 06 -07): Summarized her written complaint. Stated that she was with a friend who was manic and was being arrested. She wanted to stay with her friend, so she told the police to arrest her also. She had just gotten out of the North Hawai'i hospital, and she couldn't go back to her house. When she got to the police station, she told them she was incontinent and needed a diaper. They wouldn't give it to her, so she was in her urine and feces. She believes this is elder abuse. (12:00 noon: Commissioner Robinson exited the meeting) EXECUTIVE SESSION Commissioner Lundkvist moved and Commissioner Politano Steckel 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 12:05 a.m. Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 6 Regular session reconvened at 3:35 p.m. UNFINISHED BUSINESS Update on the State of Hawaii Police Commissioners' Conference. — No discussion. NEW BUSINESS • Request for reconsideration of Complaint HPC 05 -13. At the previous meeting, the commission found insufficient evidence to prove the complainant's allegations that an officer threatened him with pepper spray and used profanity. No motion was made. The commission's previous decision that there was insufficient evidence to support the complainant's allegations stands. • Review of compensation for police officers. It was noted under committee reports that this will be agendized for the next meeting. ACTION ON EXECUTIVE SESION MATTERS Complaint HPC 05 -32: Complainant was arrested following an execution of a search warrant of her residence. She complained about the manner in which the search warrant was executed. Commissioner Whittemore moved and Commissioner Frazier seconded that the complaint is not within the commission's jurisdiction (concerns operational matters). The motion carried unanimously. Complaint HPC 05 -35: Complainant complained about the manner in which an officer handled the case of theft of her jewelry. Commissioner Whittemore moved and Commissioner Frazier seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. Complaint HPC 06 -02: Complainant alleged that two officers injured him during his arrest. Commissioner Lundkvist moved and Commissioner Politano Steckel seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. Complaint HPC 06 -03: Complainant alleged that two officers were traveling at 48 mph, and when he tried to pass, they sped up to 58 mph. He was cited for going 59 mph. He also alleged that one officer was evasive and the other was confrontational and threatening. Commissioner Lundkvist moved and Commissioner Lassiter seconded that there was sufficient evidence to prove the complainant's allegations. The motion carried unanimously. Complaint HPC 06 -04: Complainant called the police for assistance in removing two people from her home. She alleged that an officer would not acknowledge that she was hurt, refused to get her medical assistance, and refused to take pictures of evidence. Commissioner Frazier moved and Commissioner Lundkvist seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. Hawaii County Police Commission Regular Session Minutes April 21, 2006 Page 7 Complaint HPC 06 -05: Complainant, a juvenile, alleged that an officer harassed him and his friends about drinking. He also complained that he was harassed while in the holding cell. Commissioner Lundkvist moved and Commissioner Lassiter seconded that there was insufficient evidence to prove the complainant's allegations. The motion carried unanimously. (3:45 p.m.: Commissioners Whittemore, Frazier, and Mitchell exited the meeting.) Complaint HPC 06 -06: Complainant stated that an officer assured her that an APB was initiated against the person who beat her up. She alleged that the abuser was not arrested until 19 hours later because there was no APB on him. The complaint was deferred to the next meeting due to a lack of a quorum. Complaint HPC 06 -07: Complainant stated that she was arrested at the hospital emergency room for disorderly conduct. She alleged that while in jail, she was denied a phone call, was refused assistance for her incontinence, and was laughed at. She also alleged that when she was sent back to the hospital, the police lied about her condition, and so she was mistreated and humiliated. The complaint was deferred to the next meeting due to a lack of quorum. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Vice Chair Morimoto announced that the Police Commission will be hosting the annual State of Hawaii Police Commissioners' Conference on May 11 and 12, 2006, at the Sheraton Keauhou Bay Resort. • Vice Chair Morimoto announced that the Police Commission's next monthly meeting will be on May 19, 2006, at 9:00 a.m., at the Department of Liquor Control conference room, 75 -5722 Hanama Place, Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 3:50 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: PUDDING LASSITER, CHAIR