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HomeMy WebLinkAbout2010-02-19 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 19, 2010 KONA DEPARTMENT OF LIQUOR CONTROL INVOCATION Commissioner Ignacio gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:05 a.m. ROLL CALL Present: Tom Whittemore, Chair Donn S. Mende, Vice Chair Richard J. Behenna, Commissioner Carol R. Ignacio, Commissioner Louis Kaoiwi, Commissioner Melvin S. Morimoto, Commissioner Absent: Anita Politano Steckel, Commissioner Michael B. Sumja, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul K. Ferreira, Deputy Police Chief Derek Pacheco, Assistant Chief Paul Kealoha, Major Samuel Jelsma, Captain James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Morimoto moved to approve the agenda. Commissioner Behenna seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Morimoto moved to approve the minutes of January 15, 2010, regular and executive sessions. Commissioner Ignacio seconded, and it carried unanimously. COMMUNICATIONS • Commissioner Ignacio moved to accept Correspondence 2010 -02 and 2010 -03. Commissioner Mende seconded, and it carried unanimously. • Commission Behenna moved to accept the Maui and Honolulu Police Commission Minutes. Commissioner Ignacio seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 2 COMMITTEE REPORTS • Budget and Finance (Kaoiwi /Mende) — No report. • Office Management and Staffing (Whittemore) — No report. • Rules and Policies (Behenna /Sumja) ➢ Review of revised rules and regulations: Commissioner Behenna stated that the draft that was distributed was not the final copy. It will have to go before a public hearing, and the commission would then vote on it. The ultimate decision may not be made by the current commission members. He suggested discussing it later in the meeting because of the full agenda. Corporation Counsel Ashida stated that a public hearing requires a 30 -day notice. • Contractual Services (vacant): No report. • Public Relations /Information (Politano Steckel /Ignacio): No report. CHIEF'S REPORT Including: • Crime: Captain Chad Basque, commander of the Criminal Investigations Division of Area II summarized the written report. He stated that the larger number of burglaries and thefts could be attributed to the hard economic times. The thefts and burglaries in Area II have been mostly things that could be fenced such as electronic equipment. Many of those arrested have a drug problem. Pawn shop checks are part of their normal investigation. Pawn shops have to submit a report of their transactions. After finding stolen items, part of their investigation is to find out what is being done with them. Assistant Pacheco stated that in Area I, they have seen a lot of shoplifting and credit card forging. For every forgery, there is a theft. People are purchasing with fraudulent credit cards and checks. They constantly hit the pawn shops, and detectives go through all their receipts. • Traffic: Pacheco summarized the written report. He will have a report on cell phone enforcement at the next meeting. Commissioner Kaoiwi asked for more enforcement on IGlauea Avenue from the Haihai bridge to the school because many people speed in that area. Commissioner Ignacio asked that they get the word out that the Office of Social Ministries has funds to help families purchase car seats. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 3 • Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Major Paul Kealoha reported that five sergeants were recently promoted. A new recruit class will start on March 1. At that time they will be 100% filled. They are status quo on the civilian staff. Deputy Chief Ferreira stated that they are in the process of requesting to fill the Kona Major's position. • Finance: Major Kealoha summarized the written report. Chief Kubojiri stated that they are working with county administration on overtime issues. One example is large overtime because of the lava flow in Kalapana. Overtime has been reduced, but they don't want to compromise safety. Some officers depend on overtime to make ends meet, and there is some degree of morale problems. That is one subject area that they have discussed with the officers when they go to the districts. Their basic message is that overtime has to be approved. They will abide contractually and by the G.O.s. In the past they had a lot of vacancies, so there was a lot of overtime. The vacancies are no longer there, and that reduces overtime. Commissioner Ignacio encouraged them to look at this scuttle butt and look at morale and services. Chief Kubojiri stated that they are looking at cutting the police commission's contractual budget in half. • Commendations: Chief Kubojiri reported receiving eleven commendations since the last meeting. • Other Departmental Activities: Chief Kubojiri stated that they are still exploring areas for a location of the Kea`au police station. They need a lot more room than the current one with the courthouse space. Recess was called at 10:06. The meeting reconvened at 10:30 a.m. STATEMENTS ON COMPLAINTS GEORGE KLARE (Complaint HPC 09 -17) read his letter to the commission dated February 12, 2010, a copy of which was received for filing. He stated that it seems that Peaceful Sky has to go elsewhere to find remedy. GREG FURER (Complaint HPC 10 -05) stated that when he approached the officer, he indicated that the truck driver was going 45 mph. He thought the bicyclist was going to be dead. The officer yelled at him and told him to get back in his car. He asked the officer to speak to the bicyclist. The officer spoke to the tow truck driver and shook his hand. He wanted to make a report to an unbiased officer and told the officer that he didn't want to make the report to him. He made a report with another officer. he observed the officer speaking to the bicyclist and the tow truck driver. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 4 SUZANNE CRABLE - FERMAUD (HPC 09 -52) stated that she was hit by a pickup truck, and the prosecutor told her they would not prosecute. Her house is on a private dead end road, next to the last house. She was not blocking the road. They had about 50 yards of grass in the neighbor's yard to turn around on. They did make a u -turn on the grass and came down. She went to the police station a few days later but did not want to have photos taken because she did not want to take her pants down. They hit her once and then a second time. Chair Whittemore stated that she went to the doctor, but there was no report about this. SUZANNE CRABLE - FERMAUD (HPC 09 -53) stated that her son is now afraid of police officers. She wrote on the bulletin board that she was going to work and would be back at three. Her son was told that she had abandoned him and that he was going to a foster home. She did not sign anything. They told her he was going to be discharged, but they did not tell her when. When she came back she was charged with child abandonment. She was at the hospital from 8:00 to 11:30. They had discharged the child at 11:00. The hospital said her son was in the halls saying his mother left him. The hospital said to call CPS. CPS said to call the police. She was waiting to speak to the doctor. She was there everyday. She is a school bus driver. She was there at 8:30 after her shift. She does not understand why the police went ahead of CPS. The hospital called about abandonment. At this point she feels she cannot call the police if she is in danger. She did not have any conversation with a woman named Becky. She did not have a conversation with hospital personnel. Her son told her that Officer Freitas said he was going to a foster home. When she was at the hospital, she got a call on her cell from Mr. Sperry of CPS. She does not know what time the hospital made a call of child abandonment. They never told her that her son would be released at 11:00. HAROLD JIM (HPC 09 -15 & 17) stated that he was there in support of Klare. They find inconsistency in the commission's process. NEW BUSINESS Correspondence 2010 -03, from Police Chief Harry Kubojiri, Police Department's Goals for 2010. Commissioner Behenna thanked the Chief for making his goals quantifiable. Chief Kubojiri stated that they started publicizing their community meetings in their website. They are interested in getting input from the community because they feel there is a disconnect between the police, his administration, and the community. They want to establish open communication and work collaboratively with the community. Commissioner Behenna stated that publicity is very important and community leaders and police commissioners should be informed of the meetings. Chair Whittemore stated that they want attendance from a good cross section of the community. Commissioner Ignacio stated that the purpose of the meeting should be clear in the publicity so that the meetings don't turn into a gripe session. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 5 Chief Kubojiri stated that Captain Sanborn and Lieutenant Cortez formulated a community policing curriculum which will start this summer. Chief Kubojiri stated that they will be doing an internal survey for police personnel. Chief Kubojiri stated that they are looking into extending the boundaries of the North Hilo District to include Pepe'ekeo so that service would be faster and more expedient. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Kaoiwi moved to meet in executive session to consider discipline and charges against officers or employees of the Hawai'i County Police Department where consideration of matters affecting privacy would be involved, to conduct an annual evaluation of Police Chief Harry Kubojiri, 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 Hawai'i County Charter Section 13 -20 (b). Commissioner Ignacio seconded, and it carried unanimously. Executive session convened at 10:45 a.m. Regular session reconvened at 2:34 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 09 -15: Complainant alleged that the police are using helicopters to search for cannabis which is a violation for the Peaceful Sky Ordinance. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded, and it carried unanimously. • Complaint HPC 09 -17: Complainant alleges that DEA helicopters are violating the Peaceful Sky Ordinance. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Kaoiwi seconded, and it carried unanimously. • Complaint HPC 09 -50: Complaint was received 174 days from the date of incident with no explanation. The commission will only consider acceptance beyond the 60- day filing period. Commissioner Morimoto moved to decline acceptance because it did not meet the 60 -day rule. Commissioner Ignacio seconded, and it carried unanimously. • Complaint HPC 09 -51: Complainant alleged that officers were aggressive and abusive when he was arrested for sleeping at the Kona Old Airport and for possessing cannabis. Commissioner Kaowi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Ignacio seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 6 • Complaint HPC 09 -52: Complainant alleged that officers interrogated her with contempt and scoffed at her. She also alleged that no police report was made. Commissioner Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded, and it carried unanimously. • Complaint HPC 09 -53: Complainant alleged that while her son was recovering from surgery in the hospital, an officer abused his authority and verbally threatened them by saying that she had abandoned him and that he would be placed in a foster home. She also alleged that another officer spoke about her with contempt. Commissioner Morimoto moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Mende seconded. Discussion: Commissioner Behenna stated that the officers acted appropriately. The motion carried unanimously. • Complaint HPC 09 -54: Complainant alleged that his arrest for disorderly conduct and resisting arrest was trumped up. Commissioner Morimoto moved that there was sufficient evidence to prove the complainant's allegations. Commissioner Ignacio seconded, and it carried unanimously. • Complaint HPC 09 -56: Complainant was involved in a traffic stop. She alleged that the officer was rude and threatening. Commissioner Kaoiwi moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Morimoto seconded. Ayes were called by Morimoto, Mende, Kaoiwi, and Whittemore. Nays were called by Ignacio and Behenna. The complaint was continued to the next meeting due to a lack of a quorum vote. • Complaint HPC 10 -03: Complainant was hit by a vehicle while riding a bicycle. He alleged that the two responding officers failed to enforce applicable laws and statutes at the scene of the accident and gave him the anti -aloha treatment. Commissioner Morimoto moved to defer this to the next meeting for a statement from the officer. Commissioner Mende seconded, and it carried unanimously. • Complaint HPC 10 -05: Complainant alleged that when he complained to an officer about a tow truck speeding on the bicycle lane, forcing the bicyclist off the road, and then threatening him; the officer yelled at him, told him to leave, and issued him citations. Commissioner Morimoto moved to refer the complaint to the Chief for customer service, procedural, and operational concerns. Commissioner Ignacio seconded, and it carried unanimously. REVIEW OF THE REVISED RULES AND REGULATIONS Commissioner Ignacio moved to defer this to the next meeting. Commissioner Kaoiwi seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 19, 2010 Page 7 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS • Chair Whittemore announced that the Police Commission's next monthly meeting will be on March 12, 2010, at 9:00 a.m. at the Hilo Department of Liquor Control, The Hilo Lagoon Centre, 101 Aupuni St., Suite 230, Hilo. Complaints will be heard at 1:00 P.M. • Collection of files and documents. - Done ADJOURNMENT The meeting was adjourned at 3:30 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: %r Att wowe TOM WHITTEMORE, CHAIR