HomeMy WebLinkAbout2006-08-11 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION
REGULAR SESSION MINUTES
AUGUST 11, 2006
MAYOR'S KONA OFFICE CONFERENCE ROOM
CALL TO ORDER
Chair Lassiter called the meeting to order at 9:00 a.m.
ROLL CALL
Present: Pudding Lassiter, Chair
Melvin S. Morimoto, Vice Chair
James A. Frazier, Member
Louis Kaoiwi, Member
Karolyn P. Lundkvist, Member
Kaloa R. N. Robinson, Member
Anita Politano Steckel, Member
Absent: Betsy Mitchell, Member
Thomas P. Whittemore, Member
A quorum was present
Also Present: Police Chief Lawrence K. Mahuna
Harry S. Kubojiri, Deputy Chief
James Day, Assistant Chief
Ronald Nakamichi, Assistant Chief
Henry Tavares, Captain
Kay Nishibayashi, Accountant
Lincoln S. Ashida, Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Politano Steckel moved and Commissioner Frazier seconded to approve
the agenda. The motion carried unanimously.
STATEMENTS ON AGENDA ITEMS - None
APPROVAL OF MINUTES
Commissioner Politano Steckel moved and Commissioner Frazier seconded to approve
the minutes of July 21, 2006, regular and executive sessions. Discussion: Commissioner
Robinson pointed out typographical changes. The motion carried unanimously.
PERSONNEL ORDERS
Commissioner Kaoiwi moved and Commissioner Lundkvist seconded to accept Personnel
Orders Nos. 2006 -079 to 2006 -084. The motion carried unanimously.
COMMUNICATIONS
Commissioner Frazier moved to accept the communications as listed with the addition of
Legal Eyes' letter of resignation which will be marked as Correspondence 06 -033.
Commissioner Lundkvist seconded the motion, and it carried unanimously.
COMMITTEE REPORTS
• Budget and Finance (Frazier /Morimoto): Commissioner Frazier suggested adding a
typewriter to the commission's 2007 -08 budget. He also suggested that they have a
training session with Accountant Kay Nishibayashi on understanding the budget, and
having it in conjunction with a meeting in Hilo.
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Regular Session Minutes
August 11, 2006
Page 2
• Office Management and Staffing (Lundkvist /Mitchell): No report.
• Rules and Policies (Kaoiwi): No report.
• Contractual Services (Robinson): Commissioner Robinson stated that he would look
into putting the investigative services out for bid.
• Public Relations (Lassiter / Politano Steckel): Commissioner Politano Steckel stated
that she would like to have members of the Police Department march in the Aloha
week parade on October 21. She also asked for a status report at the next meeting on
fundraising monies for the monument for fallen officers.
Chair Lassiter presented the Police Department with a plaque from the commission in
honor of the 66th Recruit class. Commissioner Robinson presented a plaque to the 671h
recruit class and thanked them for their participation in the Merry Monarch parade.
CHIEF'S REPORT
Including:
• Crime: Assistant Chief Day explained the written report.
• Traffic: Assistant Chief Nakamichi summarized the written report and pointed out that
they had three traffic fatalities. They have been patrolling areas with high accident
rates.
Personnel: Deputy Chief Kubojiri reported that the 67th recruit class would be on the
road next month. The 68th recruit class started with 10 members. One recently
resigned and will be returning to Oregon with his family. They are still in the academic
stage. On the job training will be in October. Deputy Chief Kubojiri stated that they
would like to place recruits in districts that are very short in personnel.
Commissioner Frazier asked that when there is a change in senior leadership, captain
level, that the commissioner in the district be notified soon thereafter.
• Finance: Accountant Nishibayashi entertained questions to the written report.
Commissioner Frazier stated that there is funding for Tasers and inquired about
training in its use. Deputy Chief Kubojiri stated that Taser is the brand name for the
electronic control device. They requested money for 450 units. They have 430 sworn
authorized strength. Twenty units are replacements. Training and cartridges have
been factored in the budget. Each unit costs $1,000. They still have to write the SOPs
for the use of the device. They included training and cartridges in the budget. Chief
Mahuna stated that the control device will be used by officers on the street. They plan
to use the SRTs as instructors. Studies have shown a drop in officer and suspect
injuries with the use of Tasers. Deputy Chief Kubojiri stated that everyone, including
the recruits will be trained to use the Taser, and it will be voluntary for officers to be
Hawaii County Police Commission
Regular Session Minutes
August 11, 2006
Page 3
exposed to it (on themselves). They could show the device to the commission at the
next Hilo meeting.
Commissioner Frazier inquired into the inventory of radar units. Deputy Chief Kubojiri
stated that units have been going down. Assistant Chief Day stated that they are still
waiting on grants for more units.
Commissioner Kaoiwi inquired into the status of the firing range. Chief Mahuna stated
that they have a problem with gun clubs running a firing range -- where the controls
would lie and with the length of time to conduct the EIS. Hopefully, they can fix the roof
on the eastside and have an indoor range on the west side. His immediate solution is
to get a self contained in -door shooting range at the new South Kona Police Station.
Vice Chair Morimoto stated that he has been at meetings with Councilwoman Isbell
regarding possible areas for a new station. Chief Mahuna stated that the area they
have been looking at is in a flood area and is in close proximity to Konawaena High
School. He would like the station to be further south, but there is no land in the area.
He believes the current South Kona police station is in the ideal location for the new
police station. It has only about three acres, but he would like to have a multiple level
station. Finance Director Bill Takaba is handling the acquisition of property.
Commissioner Frazier stated that as an oversight body for the Police Department, it
would be appropriate for the commission to send a letter to the Mayor and the Council
about the need for a firing range. Perhaps the Chief's office could assist them in
drafting the letter.
• Commendations: Chief Mahuna reported receiving eight commendations involving
twenty -eight employees since the last meeting.
• Commander's meeting minutes of July 19, 2006: No discussion.
Other departmental activities: Chief Mahuna reported that their pilot mobile data
project seems to be going well, though not yet implemented. They are still looking into
their cadet program. Their target would be the 16 -17 year olds, juniors and seniors, just
out of high school. Although, they cannot discriminate by age. The cadets would get
paid and possibly receive school credits. This would help with kids on the fringes to
keep out of trouble, away from drugs, etc. It would take about 3 -4 years before they
could become police officers. They would probably start in Hilo and then expand to
other areas. They have to look at manpower and instructors.
Commissioner Frazier stated that he was pleased to see the modifications being done
at the South Kohala Station.
UNFINISHED BUSINESS
Correspondence 06 -28, SHOPO's request for an educational seminar for both the
Police Commission and union board members.
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Regular Session Minutes
August 11, 2006
Page 4
Commissioner Politano Steckel welcomed the opportunity to meet with the SHOPO board
members, although the agenda was quite long. The second page of the agenda was not
relevant to the Police Commission.
Commissioner Kaoiwi thought it would give them an opportunity to better understand what
is going on, although he did not want to get into areas that were not within their
responsibility.
Commissioner Frazier thought the agenda was a big step. Perhaps they could do little
steps. He would like to know more about the dialog before committing a whole day. Their
agenda might be biased towards items not within the commission's purview.
Chief Mahuna stated that the first page looked okay, but not the second. SHOPO and the
Police Commission know their function. He has an open door for those with viable
concerns.
Commissioner Lundkvist questioned why they would want to have a seminar. The first
page of the agenda is okay, but not the second? She doesn't think they should do it at all.
Chair Lassiter pointed out that it was SHOPO's suggestion. Commissioner Lundkvist
questioned what their need to know was. Commissioner Politano stated it was just to
understand another group. Commissioner Lundkvist questioned whether it was their job to
understand another group. Commissioner Robinson stated that it gives them both
perspectives. If they don't feel it's appropriate to the commission's role, they should call it.
Commissioner Lundkvist stated that SHOPO should send them an informational packet.
Chair Lassiter asked for Corporation Counsel's opinion on the proposed seminar.
Corporation Counsel Ashida stated that labor management relations are in the exclusive
purview of the Police Chief. If SHOPO wants to provide information, they could come to
the Police Commission's meeting. Otherwise, it's the Chief's job.
Recess was called at 10:35 a.m. The meeting reconvened at 10:49 a.m.
PUBLIC STATEMENT
Brenda Ford, candidate for Council and neighborhood watch coordinator for Kona, stated
that they have been trying for more than three years to staff a 24 -hour South Kona police
station. The majority of them who live in the neighborhood would like a station no farther
north than the current one and going farther south is too winding. They are concerned that
they still do not have 24 -hour police station and have only two officers at a time. They are
the most active neighborhood watch on the island. They want the Police Commission to
help with everything they can for a new station. The area of Konawaena High School
would cause traffic problems, and it is in an area of a flood zone. They need speed of
completion, a safe area, and an area not jammed with traffic all the time. The area by the
high school is a bad location for a police station. Their group is not suggesting a location,
only saying what they do not want.
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Regular Session Minutes
August 11, 2006
Page 5
10:30 P.M.: INVESTIGATION AND DELIBERATION OF COMPLAINTS
STATEMENTS ON COMPLAINTS (open to the publicl
RAYMOND WELKER (COMPLAINT HPC 06 -09): Stated that a couple of officers in Ka'u
did not read him his rights. He wanted his daughter to go to the hospital's psych ward.
They allowed her to go with her grandmother. He has joint custody. .
JOSEPHINE KELIIPIO (COMPLAINT HPC 06 -15): Stated that she had an earlier
argument with her sister. Her sister called the police, left, and came back five hours later.
She doesn't know what her sister told them. It took her about an hour to put all her things
away, and all the responding officers stood there. She was shocked that so many officers
showed up. Her complaint is that the officer asked her if she wanted to go to the hospital.
She obviously did not look sick, except that she was crying because she was intimidated.
The officers asked her several times if she wanted to go to the hospital. An officer told her
that she was holding them up from going to another appointment.
EXECUTIVE SESSION (closed to the public)
Commissioner Frazier moved and Commissioner Kaoiwi 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 11:08 a.m.
Regular session reconvened at 12:41 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Complaint HPC 05 -24: Complainant alleged that if an officer had taken their
statement, it could have prevented two fights. Commissioner Robinson moved and
Commissioner Frazier seconded that there was insufficient evidence to prove the
complainant's allegations. The motion carried unanimously.
• Complaint HPC 06 -09: Complainant alleged that two officers did not acknowledge
that he had joint custody of his daughter and that they allowed another party to take his
daughter away. Commissioner Frazier moved and Commissioner Lundkvist seconded
that there was insufficient evidence to prove the complainant's allegations. The motion
carried unanimously.
Complaint HPC 06 -12: Complainant alleged that during his arrest, two officers
slammed him onto his car, sprayed mace in his face, kicked him, and gave him a black
eye. He also alleged that one officer withdrew his firearm and cocked it as he passed.
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Regular Session Minutes
August 11, 2006
Page 6
Commissioner Robinson moved and Vice Chair Morimoto seconded that there was
insufficient evidence to prove the complainant's allegations. The motion carried
unanimously.
• Complaint HPC 06 -15: Complainant alleged that officers intimidated her when they
responded to her sister's call. Commissioner Lundkvist moved and Vice Chair
Morimoto seconded that there was insufficient evidence to prove the complainant's
allegations. The motion carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None.
ANNOUNCEMENTS
• Chair Lassiter announced that the Police Commission's next monthly meeting would be
on September 15, 2006, in the Waimea Civic Center Conference Room, 67 -5189
Kamamalu St., Waimea (next to police station.)
• Collection of files and documents. — Done.
ADJOURNMENT
The meeting was adjourned at 12:46 p.m.
SUBMITTED:
APPROVED:
JOSIE PELAYO, SECRETARY PUDDING LASSITER, CHAIR