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HomeMy WebLinkAbout2009-10-30 Police Commission MinutesHAWAII COUNTY POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 30, 2009 KONA DEPARTMENT OF LIQUOR CONTROL INVOCATION Vice Chair 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 Louis Kaoiwi, Vice Chair Donn S. Mende, Commissioner Melvin S. Morimoto, Commissioner Anita Politano Steckel, Commissioner Michael B. Sumja, Commissioner Absent: Richard J. Behenna, Commissioner Carol R. Ignacio, Commissioner Also Present: Harry S. Kubojiri, Police Chief Derek Pacheco, Assistant Chief Henry Tavares, Assistant Chief James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Morimoto moved to approve the agenda. Vice Chair Kaoiwi 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 September 18, 2009, regular and executive sessions. Vice Chair Kaoiwi seconded, and it carried unanimously. COMMUNICATIONS Vice Chair Kaowi moved to accept the communications as listed. Commissioner Politano Steckel seconded, and it carried unanimously. (Commissioner Sumja entered at 9.08 a.m. due to prior doctor's appointment.) Hawaii County Police Commission Regular Session Minutes October 30, 2009 Page 2 COMMITTEE REPORTS • Budget and Finance (Kaoiwi /Mende): No report. • Office Management and Staffing (Whittemore): No report. • Rules and Policies (Behenna /Sumja): Commissioner Sumja stated that they still have not been able to meet with Corporation Counsel, and a report is not yet ready. • Contractual Services (vacant): No report. • Public Relations /Information ( Politano Steckel /Ignacio): Politano Steckel stated that they are moving slowly with the monument for fallen officers. CHIEF'S REPORT Including: • Crime: Assistant Chief Tavares summarized the written report. • Traffic: Assistant Chief Pacheco summarized the written report • Personnel and Personnel Orders (Including but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Chief Kubojiri reported that the next recruit class will be hitting the road earlier next year. The cadet program has one remaining cadet from the first class. Several cadets transferred to the recruit class, and one recently resigned. Many in the program found that it is not what they thought police work would be. It involves a lot of physical and academic work. Their perception comes from TV. The high schools are notified about the cadet program. They still have money for college reimbursement. Chair Whittemore suggested using the cadets as spokespersons for the program. Chief Kubojiri reported that Samuel Jelsma will be promoted to Captain of Kona Patrol next Monday. Chief Kubojiri assured the commissioners that although Sam Jelsma is a relative, it did not factor into his decision for the promotion. Applicants are screened by County Human Resources to see that they meet the minimum qualifications. The list, which he does not see, is sent to the Assistant Chief of Administration. It then goes before the Assessment Board. Nothing goes before him until the Assessment Board makes a decision. Everything is designed so that the Chief's Office does not see the list during the screening process. • Finance: Chief Kubojiri briefed the commission on the projected budget shortfall. The commanders have been asked to look at areas where they can save. Officers will incur overtime that is necessary, but they are trying to minimize it. They are looking at the entire department with regards to cost savings, vacancies, retirements, impact to the public and operations, etc. Discussions will be held with Hawaii County Police Commission Regular Session Minutes October 30, 2009 Page 3 County Human Resources this coming month. The Mayor has not brought up furloughing of sworn personnel. Chief Kubojiri reported that they have budgeted to continue with their training programs. They have applied for grants for specialized training, such as domestic violence and JAS positions. They are trying to determine whether to send officers away for training or to bring in an instructor. It runs about $10,000 412,000 to bring in an instructor. Everyone must have maintenance training and recertification that must meet national standards. • Commendations: Chief Kubojiri reported receiving six commendations since the last meeting. • Other Departmental Activities: In response to Commissioner Morimoto's inquiry, Chief Kubojiri stated that they are no longer considering acquiring different firearms which could cost hundreds of thousands of dollars. NEW BUSINESS 2009 State of Hawaii Police Commissioners' Conference: Chair Whittemore reported that he asked Commissioners Morimoto and Mende to be on the committee. Ideas should be sent to Ms. Pelayo. They will have budget constraints and would like to get local speakers to cut down on travel expenses. They will start the conference a little later in the day so people can fly in that morning rather than the day before. Vice Chair Kaoiwi stated Lincoln Ashida was the best conference presenter he has heard, and they should again ask him to be part of the conference. Recess was called at 10:02 a.m. The meeting reconvened at 10:20 a.m. INVESTIGATION OF COMPLAINTS - STATEMENTS ON COMPLAINTS BRIAN SIMON (HPC 09 -37): Stated that he was pulled over by Officer Troutman. The officer was intimidating, confrontational, and tried to provoke him into a confrontation. He was placed under arrest. The officer was clocking cars on the way back. A white SUV overtook them going 70 -75. A Honda sedan going well over 70 -75 over took them too. They went in pursuit in excess of 80 mph. They overtook the Honda and caught the Toyota SUV. During the whole ordeal, he kept telling the officer to slow down. The officer told him it was okay. He didn't write them a ticket or anything. The officer went down Hinalani well over 75 mph. He kept telling the officer to slow down. Specifically, his complaint is that the officer jeopardized his life by speeding and taking him on a high speed chase. He saw the car meter go past 80. The officer told him he had a hemi. It was a black dodge sedan, four doors. It was an unmarked police car. The complaint classifications are #1, 2, 3, 5, 8, and 10. OFFICER MARVIN TROUTMAN (HPC 09 -37) stated that the stop was for 59 mph in a 35 mph zone. He smelled alcohol, and complainant had glassy eyes. He did the standardized field sobriety test. He had his 7 -year old daughter in the vehicle and Hawaii County Police Commission Regular Session Minutes October 30, 2009 Page 4 called his wife to get her. During transport, he clocked in vehicles passing him. The first vehicle was at 65. He was not able to lock it in because another vehicle came behind. At no time did Mr. Simon say anything to him about his vehicle. He read the complaint. At no time that Mr. Simon was in his vehicle did he exceed 60 mph. He did not issue the citation because he did not lock them on the radar. He was more interested in them being impaired. Corporation Counsel Ashida questioned Officer Troutman if he had left Mr. Simon in the vehicle unobserved during the stop of the other vehicle. Officer Troutman stated that he was unobserved for a short time. He was out of his vehicle for 15 seconds, and that he felt comfortable leaving Mr. Simon in the vehicle. Corporation Counsel Ashida suggested to Officer Troutman that he prepare a supplementary report about the traffic stop of the other vehicle. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Vice Chair Kaoiwi 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, and to consult with Corporation Counsel on questions and issues that pertain to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92 -5 (2) and Hawaii County Charter Section 13 -20 (b). Commissioner Mende seconded, and it carried unanimously. Executive session convened at 10:45 a.m. Regular session reconvened at 1:05 p.m. ACTION ON EXECUTIVE SESSION MATTERS INVESTIGATION AND DELIBERATION OF COMPLAINTS • HPC 09 -37: Complainant was arrested for DUI. He alleged that while being transported, an officer sped while pursuing a vehicle. He also alleged that the officer used foul language towards him. Commissioner Morimoto moved that there was insufficient evidence to prove the complainant's allegations. Vice Chair Kaoiwi seconded the motion. Discussion: Corporation Counsel Ashida will draft a response expressing the commission's concerns as discussed in executive session. The motion carried unanimously. • HPC 09 -38: Complainant made a complaint against her ex- spouse. She alleged that an officer overheard her and then called his brother, her ex- spouse, to tell him about it. Vice Chair Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Mende seconded the motion. Discussion: Corporation Counsel Ashida will draft a response expressing the commission's concerns as discussed in executive session. The motion carried with a nay from Commissioner Sumja. • HPC 09 -41: Complainant was issued a trespass notice at a shopping center and subsequently arrested for refusing to leave. She alleged that officers used excessive force on her. Vice Chair Kaoiwi moved that there was insufficient Hawaii County Police Commission Regular Session Minutes October 30, 2009 Page 5 evidence to prove the complainant's allegations. Commissioner Morimoto seconded, the motion, and it carried unanimously. • HPC 09 -43: Complainant alleged that an officer spoke to him in a manner which he felt was verbal abuse. Chair Whittemore stated that the complaint had been withdrawn. • HPC 09 -44A & 44113: Officers were assisting in serving an eviction notice on a foreclosed house. Complainant stated that it was the Church of the First Born Baptist Love. He alleged that the officers violated their constitutional contract with the United States of America, refused to allow them to report the offenses, and scared a church member and children. Commissioner Mende moved to defer to the next meeting in order for the officers to attend. Vice Chair Kaoiwi seconded the motion, and it carried unanimously. • HPC 09 -45: Complainant was cited for delinquent vehicle tax, expired safety check, and no vehicle insurance. He alleged that the police officer impersonated an officer of the law. Commissioner Mende moved to defer to the next meeting in order for the officer to attend. Vice Chair Kaoiwi 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 November 20, 2009, at 9:00 a.m., at the Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni St., Suite 230, Hilo. • Chair Whittemore announced that the commission will have a meeting on Thursday, December 17, 2009, at 6:30 p.m., at the Aupuni Center Conference Room, to work on Police Chief Harry Kubojiri's annual evaluation. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 1:45 p.m. SUBMITTED: JOSIe Pela 0 JOSIE PELAYO, SECRETARY APPROVED: gEA J [ WAD TOM WHITTEMORE, CHAIR