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.
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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.
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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.
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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
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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