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HomeMy WebLinkAbout2010-06-18 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 18, 2010 AUPUNI CENTER CONFERENCE ROOM INVOCATION Commissioner Ignacio gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:05 a.m. ROLL CALL All present: Tom Whittemore, Chair Donn S. Mende, Vice Chair Carol R. Ignacio, Commissioner Michelle L. Kualii, Commissioner T. Ka`ili Pe`a- Ferrari, Commissioner Michael B. Sumja, Commissioner Leroy J. Victorine, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul K. Ferreira, Deputy Chief Marshall Kanehailua, Assistant Chief Derek Pacheco, Assistant Chief Henry Tavares, Assistant Chief John Briski, Detective Alan Kimura, Detective Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Sumja moved to approve the agenda. Commissioner Ignacio seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS EDDIE CORDEIRO (Correspondence 2010 -06) stated that he was cited for a blue license plate cover. He spoke to Captain Apele; his attitude sucked. He took it to court and the judge sided with him. He got cited a second time. Officers have black license plate covers. If he cannot use the covers, officers should not be able to use it too. Chair Whittemore stated that he could file a notarized complaint. PUA SWAIN (Correspondence 2010 -07) stated that she and Tyrone Thorn finally met with the Police Chief. They have issues with Tyrone's worker's compensation case. Lionel Myles quit the case, and they asked the police to recover the files from him. HFS has made changes to their account. His employer is stalking him and two years ago had him assaulted. They want an investigation by someone other than a street officer. He is not Hawaii Police Commission June 18, 2010 Page 2 getting help from the state system. Officer Fields is too busy to look into Lionel Myers, HFS, and to expand the case. Chair Whittemore stated that their correspondence was for assistance in meeting with the Chief. Swain stated they did meet with the Chief. APPROVAL OF MINUTES Commissioner Sumja moved to approve the minutes of May 14, 2010, regular and executive sessions. Commissioner Victorine seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 2010 -06, from Eddie Cordeiro contesting his citation. Commissioner Victorine moved to file. Vice Chair Mende seconded, and it carried unanimously. Correspondence 2010 -07, from Tyrone Thorn and Ku`upuamakamae Swain requesting the commission's assistance in scheduling a meeting with Police Chief Kubojiri. Commissioner Victorine moved to file. Commissioner Sumja seconded, and it carried unanimously. Commissioner Victorine moved to accept the minutes from the Honolulu and Maui Police Commissions. Commissioner Sumja seconded, and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Mende): No report. • Office Management (Whittemore): No report. • Rules and Policies ( Sumja): Commissioner Sumja reported that the new rules have been distributed. • Public Relations (Ignacio): No report. CHIEF'S REPORT Including: • Crime: Assistant Chief Tavares summarized the written report. Chair Whittemore expressed concern over the increase in sexual assaults in Area II. AC Tavares stated that they don't have anything like a serial rapist, but they are including juvenile assaults. Child referral complaints are not included. • Traffic: Assistant Chief Pacheco summarized the written report. Chair Whittemore asked that the report include a breakdown by districts. Commissioner Ignacio stated that her constituents want to know if they have quotas for giving out tickets and if they give out more tickets towards the end of the month. Assistant Chief Pacheco stated that they do not have quotas; they have goals. Commissioner Sumja asked what happens when one officer gives out a lot of citations versus one who hardly gives any. Assistant chief Pacheco stated that they stress that Hawaii Police Commission June 18, 2010 Page 3 work should be done equally. The different shifts do make a difference. More roadblocks are done during certain seasons. • Personnel: Assistant Chief Kanehailua reported having 12 sworn vacancies. They have 16 civilian vacancies, 5 of which have been defunded. • Finance: Assistant Chief Kanehailua reported that there was no change to the budget they submitted. They can move monies around within the category. They do not have a slush fund. Some of the cuts the County Council wanted would have devastated their programs. • Commendations: Chief Kubojiri reported receiving 13 commendations since the last meeting. • Other Departmental Activities: Chief Kubojiri reported that through a Hawaii Tourism Authority grant, they received cameras for monitoring Downtown Hilo, Akaka Falls, Pahoa, and Kailua -Kona. Civil Defense will also be able to use the cameras. Their budget hearing before the County Council was long and could have been shorten if the council members had asked questions ahead of time. Last year their budget was cut by 5 %. This year they cut it by 10 %. They were asked to cut next year's budget by 20 %. Furloughs will start in July. They again started the backpack drive for needy children, and it was announced in the newspaper. Last year's drive was successful. People read about it on the internet, and they received boxes of backpacks from the mainland. Commissioner Ignacio stated that they will fill the backpacks with food. Chief Kubojiri stated that problems with the Kona police station's telephone system are ongoing. Years ago they went with a contractor who charged a substantially lower amount, and they have had problems with the equipment and the system. Corporation Counsel is trying to get out of that system. NEW BUSINESS • Police Commission's revised 2010 meeting schedule due to county furloughs. Ms. Pelayo is to be notified of any conflicts. • County Council's formation of an ad hoc committee to establish a grievance procedure regarding the lowest law enforcement priority of cannabis ordinance. Deferred to executive session. Recess was called at 10:10 a.m. The meeting reconvened at 10:35 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS STATEMENTS ON COMPLAINTS OFFICER GABRIEL WILSON (Complaint HPC 10 -11) stated that from what he remembers, Unit I was going south on Kanoelehua on Pana`ewa. Unit I didn't stop at the stop sign and hit Unit 2 and Unit 2 hit Unit 3. He just directed traffic and took Hawaii Police Commission June 18, 2010 Page 4 measurements. He didn't talk to the complainant. He wasn't paying attention to what the other two officers were doing. He doesn't know of any injuries other than in Unit 3. SIMBRALYNN ESPERON (Complaint HPC 10 -11) stated that the officers were not witnesses. Unit 1 and 2 struck her. The officers did not offer her assistance because she belongs to the Hawaiian Kingdom. Unit 2's passenger had been struck with the air bag. She was an innocent bystander who offered help. Because of her racial preference, they failed to render aid. Three vehicles were involved in the accident. She was last, at the stop sign. She was hit head on. She had to approach the officers for aid. She moved her vehicle away from the scene before the officers arrived. She reversed her caraway from the other car. She approached the officers and showed them her car. She had a Hawaiian Kingdom license. She had another incident in Kona. She needs to know if the commission is a certified legal government. She was discriminated against because she is a member of the Hawaiian Kingdom. Corporation Counsel Ashida stated that the County of Hawaii complies with all laws. Chair Whittemore stated that they were there to hear her written complaint. She can file a new complaint. OFFICER DUFFY DULDULAO (Complaint HPC 10 -11) stated that he was Officer Wilson's Field Training Officer. Rescue was at the scene. It was a chaotic mess. He did not know she was involved. She was sitting there, so he went up to her. He told her he had to cite her for not having a driver's license on her person. The Hawaiian Kingdom license is not registered in their system. She said she moved her vehicle from the scene. They didn't contact her initially because she was away from the scene. Rescue was on scene. There were fire trucks and ambulance. She did not tell him she was injured at the time. He also remembered she had to go to a Makahiki in Kona. There were others who were hurt. Rescue was already there on the scene when they arrived. He asked her if she was injured, and she said, "No." The only reason he knew she was involved was because he saw broken glass on the hood of her car. There wasn't substantial damage to the vehicle, and she did not ask for a tow. He was the only one who had contact with her, not Officer Augustin. She was sitting in the vehicle, when he went up to her and saw broken glass on the vehicle. OFFICER SEAN PHELAN (Complaint HPC 10 -02) stated that on that evening, they had been called there for a fight between HITCO and WAI. As they were walking past HITCO, there were a bunch of vehicles who were patrons of WAI. A vehicle came around and it looked like it had hit the container, she almost hit two people walking by. He stopped the truck and asked if she knew she almost hit those people. She was argumentative, so the other officer told him to just let them go. He did not recall using any profanity. He didn't know if she was inebriated. They were called there because there was supposed to be a fight. They searched but could not find anybody matching the description. They hung around for awhile and then left. MARLENE ELIA (Complaint HPC 10 -14) stated that when her son was a toddler, he was abused, neglected, starved, left home alone, and duct taped like a bad CSI movie. At that Hawaii Police Commission June 18, 2010 Page 5 time, Officer Thompson talked to them. She thought everything went to the prosecutor. On May 14, she called the prosecutor to find out what happened. She was told by the prosecutor that Officer Thompson suspended the case. Her son's case was never seen by the prosecutor's office. She requested that they accept the complaint because she only found out about it on May 14. She asked that the report go to the prosecutor. She lost custody because she had an assault on her record. Commissioner Victorine stated that they received a copy of the letter to her from the Chief's office stating that the officer had received appropriate discipline. He gave Elia his copy of the letter because she said she did not receive it. Elia stated that her son was not safe for many years. His uncle, an HPD officer, did not help. All she ever hears is, "I'm sorry, Mrs. Elia, I'm sorry." CPS was involved. CPS didn't do anything because the police didn't follow- through. She had to return her son to his father and wife or else she would have been charged with kidnapping. A CPS report had a red flag, to investigate. Then, another report said everything was fine. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Sumja 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 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 Victorine seconded, and it carried unanimously. Executive session convened at 11:33 a.m. ACTION ON EXECUTIVE SESSION MATTERS • HPC 10 -02: Complainant alleged that an officer yelled and used profanity towards her. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Sumja seconded, and it carried unanimously. HPC 10 -10: Complainant alleged that an officer refused to look at his documentation and made in appropriate remarks when he was arrested in front of his son's preschool. Vice Chair Mende moved to defer to the next meeting in Kona in order for the officer to give a statement. Commissioner Victorine seconded, and it carried unanimously. HPC 10 -11: Complainant alleged that following her auto accident, officers failed to render aid and knowingly caused her to operate her vehicle without an inspection by the director of transportation. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Sumja seconded, and it carried unanimously. • HPC 10 -12: Complainant alleged that officers entered her home without probably cause, did not give notification, and did not separate personal issues from work. Vice Chair Mende moved that there was insufficient evidence to prove the complainant's allegations. Commissioner Victorine seconded, and it carried unanimously. Hawaii Police Commission June 18, 2010 Page 6 HPC 10 -14: Complainant made a complaint with the police department in 2006. She alleged that the case was not sent to the prosecutor, and she now wants questions answered. Due to the timeliness of filing, the commission will determine whether or not to accept this for investigation. Commissioner Sumja moved that they bypass the 90- day deadline and ask the Chief for more information. Commissioner Victorine seconded, and it carried unanimously. HPC 10 -15: Complainant alleged that an officer refused to drive two blocks to see her insurance card and then issued her a citation. Commissioner Victorine moved that there was insufficient evidence to prove the complainant's allegations. Vice Chair Mende 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 would be on July 23, 2010, in the Old Mayor's Office Conference Room at 75 -5706 Kuakini Hwy., Suite 103, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 1:10 p.m. SUBMITTED: 90k V61RUO JOSIE PELAYO, SECRETARY APPROVED: Tom Wkittemore TOM WHTTEMORE, CHAIR