HomeMy WebLinkAbout2006-05-19 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION
REGULAR SESSION MINUTES
MAY 19, 2006
KONA DEPARTMENT OF LIQUOR CONTROL
INVOCATION
A blessing was given by Kahu Harold Teves.
CALL TO ORDER
Chair Lassiter called the meeting to order at 9:05 a.m.
ROLL CALL
Present: Pudding Lassiter, Chair Also Present
Melvin S. Morimoto, Vice Chair
James A. Frazier, Member
Louis Kaoiwi, Member
Karolyn P. Lundkvist, Member
Kaloa R. N. Robinson, Member (arrived 9:15)
Anita Politano Steckel, Member
Thomas P. Whittemore, Member
Absent: Betsy Mitchell, Member
A quorum was present.
Lawrence K. Mahuna, Police Chief
Elroy Osorio, Assistant Chief
James Day, Assistant Chief
Ronald Nakamichi, Assistant Chief
Lincoln S. Ashida, Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Frazier moved and Commissioner Lundkvist seconded to approve the
agenda as submitted. Discussion: Commissioner Frazier asked to separate the
attachments in Correspondence 06 -14 to 06 -14A as a confidential attorney - client
document and 06 -14B as a public document. The motion carried unanimously.
STATEMENTS ON AGENDA ITEMS — None.
APPROVAL OF MINUTES
Commissioner Frazier moved and Commissioner Lundkvist seconded to approve the
minutes of April 21, 2006, regular and executive sessions. Discussion: Commissioner
Kaoiwi asked to amend the minutes to show that he was not in attendance. The motion
carried unanimously.
PERSONNEL ORDERS
Nos. 2006 -046 to 2006 -054 (Including, but not limited to work assignments, training
assignments, promotions, reallocations, severance from service, automobile
allowances, and appointments.) Commissioner Kaoiwi moved and Commissioner
Lundkvist seconded to accept the Personnel Orders as listed. The motion carried
unanimously.
Hawaii County Police Commission
Regular Session Minutes
May 19, 2006
Page 2
COMMUNICATIONS
Commissioner Frazier moved and Commissioner Lundkvist seconded to accept the
communications as listed.
Discussion: Commissioner Frazier pointed out that in Correspondence 06 -15, regarding
the HSLEOA Conference, they must submit their conference registration form to Ms.
Pelayo and the hotel registration form directly to the hotel. Regarding Correspondence
06 -16, a citizen's concern over his son's traffic citations, he asked that the Chair
respond to the writer that the captain of the district did make contact with him, and that
any appeals should be through the courts, not the Police Commission.
The motion carried unanimously.
COMMITTEE REPORTS
• Budget and Finance (Frazier /Morimoto): The committee had no report.
• Office Management and Staffing (Lundkvist /Mitchell): The committee had no
report.
• Rules and Policies ( Kaoiwi): The committee had no report.
• Contractual Services (Robinson): The committee had no report.
• Public Relations (Lassiter /Politano Steckel): Commissioner Lundkvist stated that
the commission did an excellent job in hosting the State of Hawaii Police
Commission Conference, and that she received very good feedback from the other
commissions.
Chair Lassiter congratulated the commissioners for attending the County Council
meetings on the bill for the independent police auditor. Their input helped to not put
bill through.
Chair Lassiter also congratulated the commissioners for a successful State of
Hawaii Police Commission Conference. She also thanked the Police Department
for helping with the entire conference and getting the speakers.
Commissioner Kaoiwi thanked Corporation Counsel for his outstanding presentation
at the conference. Commissioners from the other islands were very impressed.
Chair Lassiter stated that some of the other commissioners stated that they do not
get the same support from their Corporation Counsel as Hawaii County does from
Mr. Ashida.
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Regular Session Minutes
May 19, 2006
Page 3
CHIEF'S REPORT
Including:
• Crime: Assistant Chief Day entertained questions to the written report. He
explained that some of the high theft figures could be the result of a checkbook
being stolen and each individual check being recorded as a theft. The high statistics
for Area I could be attributed to the larger population.
• Traffic: Assistant Chief Nakamichi entertained questions to the written report.
Commissioner Frazier stated that he found AC Osorio's letter regarding high rise
vehicles to be very interesting. AC Nakamichi stated that there is no reconstruction
law, but there are safety laws. Chief Mahuna stated that the reconstruction
ordinance was repealed because police officers are not experts in the safety of a
vehicle. Motor vehicle inspectors do the inspections. Some people will go in for an
inspection with standard -sized tires and then change them later. He wants the
reconstruction law re- enacted. It is a legislative issue.
Assistant Chief Nakamichi recognized Officers Michael Hardy, Russell Sakata, and
Paula Jelsma for being selected Officers of the Month by the Kona Crime Prevention
Committee.
Personnel: Assistant Chief Osorio reported having 65 sworn vacancies.
Seventeen new recruits will be on the road in June. They expect the vacancy to be
in the single digit at this time next year. He explained the different tests and checks
given to each applicant. It is a very long and vigorous process, the most rigorous in
the state. Civil Service does continuous recruitment. They participate in every
college and high school job fair on the island and on other islands. Interviews for the
captains' positions were done. Vacancies do not include the additional personnel
opened up by the County Council. Their biggest concern now is in dispatch. He
thanked the commissioners for appearing and testifying before the County Council
against the independent police auditor bill. He also thanked Corporation Counsel
Ashida for explaining the position.
Chair Lassiter congratulated the Police Department for the publicity in the
newspapers.
Commissioner Robinson congratulated the Police Department for their participation
in the Merry Monarch parade.
Chief Mahuna stated that in their recruit efforts, they have gone to Charminade
College and the University of Hawaii. They are also working on the cadet program.
There are individuals who want to be a police officer, but they have to have the right
traits. He is very careful about hiring someone. Even if they are short in staffing, he
would rather hire the best people. To put it in a sports sense, he doesn't want a
bench warmer. As far as he is concerned, the community needs excellence. They
want people who believe in their core values. They spend about $100,000 in
training recruits, so he wants to be sure his investment pays off. He is a firm
Hawaii County Police Commission
Regular Session Minutes
May 19, 2006
Page 4
believer that if an individual has a problem with the core values and mission
statement, he'd take the resignation. People, who have not exercised themselves in
a team effort, are not part of a unit. An example is the death of Officer Eric Cerezo.
There were about 100 officers at his funeral. He belonged to a small unit, and he
exemplified the core values.
Vice Chair Morimoto stated that there are 18 vacancies in Area II and 15 in Area I.
He asked for consideration in filling the Area II positions. Chief Mahuna stated that
there are more positions in Area I.
Vice Chair Morimoto asked for Chief Mahuna's opinion on the site of the new Kona
police station. Chief Mahuna stated that he has reservations about the suggested
site. His vision for the South Kona Station is that it be a manned, multi -level facility
with an underground shooting range.
Commissioner Lundkvist inquired into plans for the Pahoa area. Chief Mahuna
stated he is not sure of the exact location, but it would be on the same property as
the fire station. He would like to demolish the current substation rather than fix it.
The roof and interior structure is in bad shape. The site for the new station has been
going back and forth. He believes it will be done in 3 -4 years.
• Finance: AC Osorio entertained questions to the written report. There were none.
• Commendations: No discussion.
• Commander's meeting minutes of April 18, 2006: No discussion.
• Other departmental activities: No discussion.
NEW BUSINESS
• Presentation by the Kona Crime Prevention Committee.
President Mary Huebner gave a briefing of their volunteer, nonprofit organization.
Their role is to support the department, not to criticize or tell them how to run it.
They do the officer of the month and officer of the year luncheon. They are willing to
assist with starting a similar organization in Hilo.
• Review of salary and compensation package for police chief and deputy chief.
Corporation Counsel Lincoln Ashida requested an executive session in order to
advise the commission on this matter.
INVESTIGATION AND DELIBERATION OF COMPLAINTS
STATEMENTS ON COMPLAINTS (open to the public) — None.
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Regular Session Minutes
May 19, 2006
Page 5
EXECUTIVE SESSION (closed to the public)
Vice Morimoto moved and Commissioner Lundkvist 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 10:55 a.m.
Regular session reconvened at 11:45 a.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Request for reconsideration of Complaint HPC 06 -04.
At the previous meeting the commission found insufficient evidence to prove the
complainant's allegations that an officer refused to get her medical assistance and
refused to take photos of evidence. Commissioner Frazier moved and
Commissioner Whittemore seconded to reconsider this complaint and to place it on
July's meeting agenda. The motion carried unanimously.
• Investigation and deliberation of complaints.
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.
Commissioner Frazier moved and Commissioner Lundkvist seconded that there
was insufficient evidence to prove the complainant's allegations.
Discussion: Corporation Counsel Ashida pointed out that the officer admitted to
not issuing the APB. Commissioner Frazier felt the complainant was just grasping.
Roll call vote: Ayes: Frazier, Lundkvist
Noes: Robinson, Morimoto, Lassiter, Steckel, Whittemore, Kaoiwi
The motion was defeated.
Commissioners Frazier and Lundkvist withdrew their motions.
Commissioner Robinson moved and Commissioner Whittemore seconded that
there was sufficient evidence to prove the complainant's allegations. The motion
carried unanimously.
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
Hawaii County Police Commission
Regular Session Minutes
May 19, 2006
Page 6
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.
Commissioner Robinson moved and Commissioner Whittemore seconded to defer
the complaint to the next meeting and to request that the responding officers,
ascertained in the police report, be notified of the complaint and asked to respond
to the allegations. The motion carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None.
ANNOUNCEMENTS
• Chair Lassiter announced that the next meeting would be on June 16, 2006, at the
Waimea Civic Center, next to the police station.
• Collection of files and documents — Done.
ADJOURNMENT
The meeting was adjourned at 12:20 p.m.
SUBMITTED: APPROVED:
JOSIE PELAYO, SECRETARY PUDDING LASSITER, CHAIR