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HomeMy WebLinkAbout2009-09-18 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 18, 2009 WAIMEA CIVIC CENTER CONFERENCE ROOM INVOCATION Commissioner Kaoiwi gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:00 a.m. ROLL CALL (A quorum was present.) Present: Tom Whittemore, Chair Also Present Louis Kaoiwi, Vice Chair Richard J. Behenna, Commissioner Carol R. Ignacio, Commissioner Anita Politano Steckel, Commissioner Michael B. Sumja, Commissioner Absent: Donn S. Mende, Commissioner Melvin S. Morimoto, Commissioner APPROVAL OF AGENDA Harry S. Kubojiri, Police Chief Paul K. Ferreira, Deputy Chief Marshall Kanehailua, Assistant Chief Derek Pacheco, Assistant Chief Henry Tavares, Assistant Chief Alan Kimura, Detective Craig Masuda, Deputy Corp. Counsel Josie Pelayo, Secretary Vice Chair Kaoiwi moved to approve the agenda. Commissioner Ignacio seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Politano Steckel moved to approve the minutes of August 14, 2009, regular and executive sessions. Commissioner Ignacio seconded, and it carried unanimously. PERSONNEL ORDERS Vice Chair Kaoiwi moved to accept Personnel Orders Nos. 2009 -081 to 2009 -092. Commissioner Sumja seconded. Discussion: Commissioner Behenna suggested that they receive the Personnel Orders via e -mail in order to economize. Chair Whittemore stated that they will try this for the next month. The motion carried unanimously. COMMUNICATIONS • Correspondence 09 -19, from Lowell R. Shafer requesting an extension to file a complaint regarding his child custody case. Discussion: Commissioner Behenna questioned why he couldn't file the complaint and pointed out that he mentioned that he is disabled and cannot notarize his complaint. Ms. Pelayo stated that he wants to file after his civil and criminal case is completed so that he can use the documents from the court case. Deputy Corporation Counsel Masuda stated that they have no provision to accommodate notarization. The commission is to decide whether or not they want to Hawaii County Police Commission Regular Session Minutes September 18, 2009 Page 2 grant an extension. If he is waiting for a civil matter to conclude, it may be years. Vice Chair Kaoiwi stated that the complaint is beyond 60 days; it is beyond a year. Commissioner Behenna moved that the request for extension to file be granted for 60 days, but the board will not rule on any defects of the complaint. At the time they have the complaint, they will discuss any defects. Commissioner Sumja seconded. Ayes called by: Behenna, Ignacio, Sumja, and Politano. Nays called by: Whittemore and Kaoiwi. The motion died. Vice Chair Kaoiwi moved to deny the request for an extension. Commissioner Behenna seconded. Chair Whittemore stated that they are procrastinating, and it needs to stop. In the end, no action can be taken because they will be beyond the one year collective bargaining agreement. Deputy Corporation Counsel Masuda stated that due to the collective bargaining agreement, after one year, they cannot discipline. The motion carried with a nay from Sumja. • Correspondence 09 -20, from Corporation Counsel Ashida, confidential attorney - client communication regarding police records. (Discussion in executive session.) Commissioner Behenna moved to accept. Commissioner Sumja seconded, and it carried unanimously. • Honolulu Police Commission Minutes of June 17 (2), July 8, and August 5, 2009. Commissioner Behenna moved to accept. Commissioner Ignacio seconded, and carried unanimously. COMMITTEE REPORTS • Budget and Finance (Kaoiwi /Mende): No report. • Office Management and Staffing (Whittemore): No report. • Rules and Policies (Behenna /Sumja): Commissioner Behenna reported that Corporation Counsel Ashida requested a deferral to when he is present. They are pretty much done without the vision or mission statement. The next step is for Ashida to review. They cannot give a timeline. • Contractual Services (vacant): No report. • Public Relations /Information ( Politano Steckel /Ignacio): Commissioner Politano Steckel reported that they are still waiting to get in touch with Momi Cazimero on the Fallen Officers' Monument. • Complaints Review (Kaoiwi /Morimoto): Chair Whittemore reported that they dissolved this committee at the last meeting, but each commissioner should take the opportunity to meet with Internal Affairs. Hawaii County Police Commission Regular Session Minutes September 18, 2009 Page 3 CHIEF'S REPORT Including: • Crime: Assistant Chief Tavares summarized the written report. He reported that e- mails were being circulated about meat salesmen who could possibly be related to burglaries. Chair Whittemore stated that they need to be proactive in this matter. • Traffic: Assistant Chief Pacheco summarized the written report. Commissioner Behenna stated that he experience a lot of aggressive driving while coming to the meeting. Pacheco stated that all the districts have this problem. Puna and Hilo have been targeted for aggressive driving. The Hamakua area does have a high number of citations. Vice Chair Whittemore pointed out that Kona has a tremendous number of moving violations. Pacheco stated that Kona has more time to enforce traffic violations while Hilo concentrates on burglaries, etc. • Personnel: Assistant Chief Kanehailua reported having two sworn vacancies. Although, next week they will have five vacancies due to resignations. They will have twelve civilian vacancies. They are in the screening process for the next recruit class; recruitment started last October. They are projected to start a recruit class in February. They have eight cadets who qualify for Police Officer I. They will have an open recruitment the beginning of next year. Regarding the cadet program, if they go through all three phases, they can transition into the recruit program. The intent was to attract individuals coming out of high school. However, there is no age limit and older individuals have been in the program. Regarding retirements, he knows for sure about five next week. They don't know about any at the end of the year. The State Retirement System only needs 30 days notice. • Finance: Assistant Chief Kanehailua reported that they are keeping under budget and getting by. They are getting a head start on next year's budget. Due to emergencies, they can't make any predictions. • Commendations: Chief Kubojiri reported receiving 15 commendations in the past month. • Other Departmental Activities: Chief Kubojiri reported that earlier this week they had a meeting with Mayor Kenoi regarding the County's financial situation. It is projected that they will have a shortfall of almost $45 million. A think tank has been put together. Most of the viable suggestions have already been implemented in the police department. They have to be cognizant of overtime issues. The rumor mill has said that the Chief and the Deputy said no more over time. However, in their job, they will have overtime. They have to think a little bit differently and work smarter such as doing a report the next day. Overtime such as holidays, has to be pre- approved. He will be sending out a memo regarding the budget. Hawaii County Police Commission Regular Session Minutes September 18, 2009 Page 4 They have been receiving a lot of complaints regarding the ordinance of lowest priority for marijuana enforcement. They plan to meet with the Mayor, Prosecutor, and Corporation Counsel next week to discuss this. It depends on who you ask whether their marijuana missions are violating the intent of the ordinance. Chair Whittemore stated that he wants more clarity where the county stands for when people come before them. Chief Kubojiri further reported that police personnel donate a lot to charitable events. They do Cop on Top. They have been designated as a pace setter for Hawaii Island United Way. As of last month, the police department has committed approximately $22,000 to HIUW. They exceeded last year's pledges. They always reach deep and always give. Next month, they will participate in the Awareness of Domestic Violence event and will walk half a mile in women's shoes. They did a backpack drive, and contributions from the community were outstanding. They asked for used backpacks, and people sent boxes of brand new backpacks. Some even came from the mainland. Commissioner Sumja asked to see their exit interviews which he feels is an important tool for retention. Deputy Corporation Counsel Masuda stated that they would have to look at the collective bargaining agreement first. Chief Kubojiri stated that they ask standard questions. The majors are required to ask the questions. Most employees will fill out the form. For the vast majority of people who leave, if it's not personal, it's for another job, or for their spouse. Chief Kubojiri stated that they hope to apply for accreditation in February. Chief Kubojiri stated that they have not been given specific directives about conferences. At the upcoming HSLEOA conference, they will discuss whether these conferences are absolutely necessary. Chair Whittemore stated that he would like to see the police department spotlight police personnel doing community work. Chief Kubojiri stated that the officers like to hear kudos from the commission when they come to the Police Commission meetings. Commissioner Behenna asked if they could modify the commendation report to include things that the Chief feels should be highlighted. Chief Kubojiri stated that a lot of times they don't know about the contributions that employees do until the public points it out. Recess was called at 10:35 a.m. The meeting reconvened at 10:50 a.m. INVESTIGATION OF COMPLAINTS Statements on Complaints — None. EXECUTIVE SESSION Commissioner Ignacio moved 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, to evaluate an employee, and to consult with Corporation Counsel on questions and issues that pertain to the Hawaii County Police Commission Regular Session Minutes September 18, 2009 Page 5 commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Sumja seconded, and it carried unanimously. Executive session convened at 10:51 a.m. Regular session reconvened at 12:40 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 09 -22: Paul J. Sulla, requests a closed meeting to discuss his complaint in which the commission previously found insufficient evidence to prove the allegations of his complaint. Commissioner Behenna moved that at the complainant's request, this be deferred to the next meeting in Hilo. Commissioner Sumja seconded the motion, and it carried unanimously. • Complaint HPC 09 -24: Complainant was involved in a traffic stop. He alleged that he was held at gunpoint, handcuffed, and made to lay face on the road while being interrogated. The officers were later informed that they had the wrong guy, and he was released. Commissioner Sumja moved that there was sufficient evidence to prove the complainant's allegations of conduct to towards the public and to refer the complaint to Internal Affairs for further investigation. Commissioner Ignacio seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Whittemore announced that the next monthly meeting would be on October 16, 2009, at 9:00 a.m., at the Department of Liquor Control, 75 -5722 Hanama PI., Suite 11076, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 12:52 p.m. SUBMITTED: Josie Pela o APPROVED: Tom Whittemore JOSIE PELAYO, SECRETARY TOM WHITTEMORE, HAIR