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Home My WebLink About2010-07-23 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JULY 23, 2010 OLD KONA MAYOR'S OFFICE CONFERENCE ROOM Chair Whittemore introduced Kenneth Ono, new commissioner from Council District 7. INVOCATION Commissioner Ignacio gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:12 a.m. ROLL CALL Present: Tom Whittemore, Chair Donn S. Mende, Vice Chair Carol R. Ignacio, Commissioner Michelle Kualii, Commissioner Kenneth T. Ono, 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 Henry Tavares, Assistant Chief James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Sumja moved to approve the agenda. Commissioner Victorine seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Sumja moved to approve the minutes of June 18, 2010, regular and executive sessions. Commissioner Victorine seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 2010 -08, National Association for Civilian Oversight of Law Enforcement (NACOLE) Conference in Seattle, Washington, September 20 -23, 2010. Commissioner Sumja move that they send Commissioners Mende and Ignacio to the Conference, and if they cannot attend, have someone else replace them. Commissioner Ono seconded, and it carried unanimously. • Correspondence 2010 -09, Hawaii State Law Enforcement Officials Association (HSLEOA) Conference on Kauai, September 23 -24, 2010. Chair Whittemore stated that the conference agenda has items of concern to them, and that Corporation Counsel Ashida Hawaii Police Commission Regular Session Minutes July 23, 2010 Page 2 will be one of the speakers. Chair Whittemore and Commissioner Victorine expressed interest in attending. • Honolulu Police Commission Minutes of May 5, 2010. • Maui Police Commission Minutes of May 19, 2010. Commissioner Sumja moved to accept the Honolulu and Maui Police Commission Minutes. Commissioner Ignacio seconded, and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Mende): No report. • Office Management (Whittemore): No report. • Rules and Policies ( Sumja): No report. Commissioner Ignacio suggested that Chair Whittemore send a letter to the County Council, County Departments, committees, and boards to inform them that that the Police Commission has revised its rules and that it can be accessed through the Police Commission's website. • Public Relations (Ignacio): No report. CHIEF'S REPORT Including: • Crime: AC Tavares summarized the written report. He reported on a carjacking by three teenagers. They are following up on leads on the destruction of a papaya field in Kapoho. Chief Kubojiri stated that they received a lot of information and tips that went from eco- terrorism to competition to insurance. They are working with the Honolulu Police Department because Oahu had a similar incident on a smaller scale. Chair Whittemore expressed concern over the rise in thefts. Chief Kubojiri stated that they apprehended some people who were responsible and expect the numbers to go down. • Traffic: AC Tavares summarized the written report. Commissioner Ignacio suggested that they add legends to explain the report, i.e., casualty. Commissioner Ono pointed out that the average person defines casualty as death. • Personnel: Deputy Chief Ferreira reported having 14 sworn and 14 civilian vacancies. A recruit class of 13 is in session. The recruits will hit the road sometime in December - January. They have a good balance of people from island -wide locations. • Finance: The budget for fiscal year 2010 -11 was distributed and reviewed. Deputy Chief Ferreira summarized the written report. They are now in a new fiscal year. • Commendations: Commissioner Ignacio commended AC Kanehailua for representing the police department well at the ad hoc committee meeting for cannabis grievances. Chief Kubojiri reported receiving 11 commendations since the last meeting. Hawaii Police Commission Regular Session Minutes July 23, 2010 Page 3 • Other Departmental Activities: Commissioner Ignacio asked about safe guards to police overtime. Deputy Chief Ferreira stated that supervisors are responsible, and because of budget constraints, they scrutinize all overtime. Chief Kubojiri stated that the first line sergeants have to approve the overtime. If there is something that can be postponed, it is carried over to the next day. Chief Kubojiri reported that Samuel Kawamoto, Jr., will become the commander of the Kona district. He has been a police officer for 28 years. Kawamoto was born, raised, and lives in Kona. Lt. Robert Wagner has been promoted to captain in South Hilo. Wagner lives in Hilo. Chief Kubojiri explained the promotion process. About ten years ago, they did away with the written portion for commanders. Now, for captain and up, there is an oral exam, questions specific to the position, disciplinary action, etc. Seniority does play a part but is not a deciding factor. Chair Whittemore stated that Sam Kawamoto is a real quality guy, and it is good to have him back in Kona. He has made a lot of sacrifices for the good of the department. Commissioner Victorine stated that all the accolades are true, and Kawamoto is a gentleman. Chair Whittemore stated that the Chief's status report on the department's goals for 2010 will be on next month's agenda. UNFINISHED BUSINESS • Police Commission's revised 2010 meeting schedule. No discussion. Report on County Council's ad hoc committee to establish a grievance procedure regarding the lowest law enforcement priority of cannabis ordinance. Commissioner Sumja reported that he and Commissioner Ignacio represented the Police Commission. They told the committee that special meetings just for marijuana complaints were not needed. He reminded Councilman Yagong that the Police Commission sent a letter to the County Council asking for clarification on this issue, and the council just filed the letter. Councilman Greenwell thought the meeting was a waste of time, and that they should take it to court. Commissioner Ignacio reported that she told the committee that the Police Commission should not create another process for hearing complaints, the commission is not a rubber stamp commission, they take every case seriously, and that marijuana cases are not treated any differently from other complaints. Recess called at 10:18. The meeting reconvened at10:30 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS EXECUTIVE SESSION 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). Hawaii Police Commission Regular Session Minutes July 23, 2010 Page 4 Commissioner Ignacio seconded, and it carried unanimously. Executive session convened at 10:35 a.m. Open session reconvened at 1:30 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 10 -10: Complainant alleged that an officer refused to look at his documentation and made inappropriate remarks when he was arrested in front of his son's preschool. Commissioner Sumja moved to refer the complaint to the Chief for an investigation by Internal Affairs. Commissioner Victorine seconded, and it carried unanimously. • Complaint HPC 10 -13: Complainants alleged that an officer hit their parked vehicle and then left the scene. Commissioner Victorine moved to refer the complaint to the Chief for an investigation by Internal Affairs. Commissioner Sumja seconded, and it carried unanimously. Complaint HPC 10 -14: Complainant made a complaint with the police department in 2006, and the case was suspended. The commission accepted the complaint and requested information from Chief Kubojiri. Vice Chair Mende moved to defer to the next meeting. Commissioner Victorine 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 Thursday, August 19, 2010, 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 1:35p.m. SUBMITTED: Josle Pelayo JOSIE PELAYO, SECRETARY APPROVED: Tom Whittemore TOM WHITTEMORE, CHAIR