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HomeMy WebLinkAbout2009-12-18 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 18, 2009 DEPARTMENT OF LIQUOR CONTROL, HILO CALL TO ORDER Chair Whittemore called the meeting to order at 9:04 a.m. ROLL CALL 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: Carol R. Ignacio, Commissioner Richard J. Behenna, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul Ferreira, Deputy Police Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Samuel Thomas, Major James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Sumja moved to approve the agenda. Commissioner Politano Steckel seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Sumja moved to approve the minutes of November 20, 2009, regular and executive sessions. Vice Chair Kaoiwi seconded the motion, and it carried unanimously. COMMUNICATIONS Vice Chair Kaoiwi moved to accept the communications as listed. Commissioner Sumja seconded, and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Kaoiwi /Mende): No report. • Office Management and Staffing (Whittemore): No report. Hawaii County Police Commission December 18, 2009 Page 2 • Rules and Policies (Behenna /Sumja) ➢ Development of vision and mission statement: Postponed to January ➢ Review of revised rules and regulations: Postponed to January • Contractual Services (vacant) • Public Relations /Information ( Politano Steckel /Ignacio): Commissioner Politano Steckel stated that she will meet with the Chief next year to discuss the fallen officer's monument. CHIEF'S REPORT Including: • Crime: Assistant Chief Tavares summarized the written report. • Traffic: Major Thomas summarized the written report. Accidents, fatalities, and DUI arrests were all down. They are ramping up traffic enforcement island -wide during the holiday season • Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Assistant Chief Kanehailua reported having six sworn and fifteen civilian vacancies. Four civilian positions will be filled in January. Three officers will retire at the end of the year. They are making some progress on the school crossing guard vacancies. Chair Whittemore commended the female school crossing guard in Mt. View for her friendliness. He sees her waving to people every morning that he drives by. • Finance: Assistant Chief Kanehailua reported that they are in the budget process. They are still below their target, and hopefully with their cost - saving measures they can continue to the end of the fiscal year. Commendations: Chief Kubojiri reported receiving thirteen commendations since the last meeting. Commissioner Morimoto asked about working towards getting the commendation report in the newspaper. Newspaper reporter John Burnett stated that having that in the paper would be his boss's decision. Chief Kubojiri stated that they could put it in the police department's website which is available to the media. Other Departmental Activities Chief Kubojiri stated that they submitted their proposal on how the police department could trim its budget, but they have no idea how it was received. They have been tasked to look at their respective departments and have a workforce reduction back to the 2003 level. They are looking at how they could save money without affecting or compromising core police services. Everything is on the table, and they may have to cut programs. It is complex, and they have to go to bargaining unit. Their proposals went to Human Resources. Hawaii County Police Commission December 18, 2009 Page 3 Chair Whittemore inquired on whether they could get revenues from citations. Chief Kubojiri stated that it is his understanding that the monies stay in the Judiciary. Their goal is to have voluntary compliance from people who use our roadways. Commissioner Sumja told the Chief that he missed an excellent commander's meeting in Kohala. Chief Kubojiri reported that he attended a state -wide police chiefs' meeting in Honolulu. They covered labor- management issues. How each county addresses similar problems in different ways has become problematic. Chief Kubojiri reported that the cell phone ban while driving will become effective in January. Enforcement will be visual. Police personnel will be allowed to use it, but they want their officers to follow the ordinance. He did not read anything in the ordinance about the engine having to be turned off when pulled over to use the phone. Chief Kubojiri reported that Civil Defense has been tasked by Mayor Kenoi to become compliant with the communications tower. They have several grants for radio over IP which should bring them into compliance, but it's going to be a building block. Chair Whittemore stated that he has seen many drivers going through red lights. He asked about cameras at intersections Chief Kubojiri stated that the technology is there, and Honolulu did it, but he doesn't know where it stands now. Chair Whittemore suggested that he discuss it with the other Chiefs. Commissioner Politano stated that when she goes off the commission, there will be only one woman on commission. They need balance, and she wants another woman on the commission. NEW BUSINESS • Selection of Chair and Vice Chair of the Police Commission for 2010. Commissioner Politano nominated Tom Whittemore as Chair and Donn Mende as Vice Chair. Commissioner Morimoto seconded the motion. Discussion: Vice Chair Kaoiwi stated that it is a good idea to have a Chair from West Hawaii and Vice Chair from East Hawaii. It's good representation from both sides of the island. The motion carried unanimously. • Review of Police Commission's 2010 Meeting Schedule Commissioner Sumja stated that because of furlough Fridays, the schedule for February, March, and April will conflict with another board that he is on. He asked if the dates could be changed. Ms. Pelayo will work on the change. Chair Whittemore stated that he would like to meet in executive session with Chief Kubojiri to go over his goals and objections which they will evaluate him on. Hawaii County Police Commission December 18, 2009 Page 4 EXECUTIVE SESSION Commissioner Politano Steckel 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 will be involved, to discuss the evaluation of an employee, 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) (4) and Hawaii County Charter Section 13 -20 (b). Commissioner Mende seconded the motion, and it carried unanimously. Executive session convened at 10:00 a.m. Regular session reconvened at 2:30 p.m. ACTION ON EXECUTIVE SESSION MATTERS HPC 09 -15: Complainant alleged that helicopters were flying around in violation of the Lowest Law Enforcement Priority of Cannabis Ordinance. HPC 09 -17: Complainant alleged that DEA in helicopters conducted low -level marijuana surveillance. Commissioner Sumja moved to defer Complaints HPC 09 -15 and 09 -17 for 90 days and ask the County Council for clarification on the ordinance. Commissioner Morimoto seconded the motion, and it carried unanimously. HPC 09 -36: Complainant alleged that during a fight at Shipman Park, an officer did not mace the guys like she told him to, and so the fight escalated. Commissioner Morimoto moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Politano Steckel seconded the motion, and it carried unanimously. HPC 09 -39: Complainant alleged that during a traffic stop, an officer told him he would give him a break on the citations, but the officer cited him anyway. Vice Chair Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded the motion, and it carried unanimously. HPC 09 -42: Complainant alleged that an officer lied about talking to his neighbor. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Politano Steckel seconded the motion, and it carried unanimously. HPC 09 -46: Complainant stated that she called the police because a party, whom she had an expired TRO against, had yelled at her from across the street. She alleged that the responding officer told her to leave town and stay out of town. Commissioner Politano Steckel moved that there was sufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sumja seconded the motion, and it carried unanimously. HPC 09 -49: Complainant alleged that officers interrogated him in an improper and abusive manner. Vice Chair Kaoiwi moved that there was insufficient evidence to prove Hawaii County Police Commission December 18, 2009 Page 5 the complainant's allegations. Commissioner Sumja seconded the motion, and it carried unanimously. HPC 09 -54: Complainant alleged that his arrest for disorderly conduct and resisting arrest was trumped up. Commissioner Mende moved to defer the complaint for a statement from the accused officer and for a report from the other officer who was present. Commissioner Sumja seconded, and it carried unanimously. HPC 09 -55: Complainant alleged that DEA in helicopters recklessly endangered her property by flying 10 feet above her plastic roof. Commissioner Mende moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Sumja seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Whittemore announced that the Police Commission's next monthly meeting will be on January 15, 2009, at 9:00 a.m. 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 2:40 p.m. SUBMITTED: Josie Pelayo JOSIE PELAYO, SECRETARY APPROVED: Tom Whittemore TOM WHITTEMORE, CHAIR