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HomeMy WebLinkAbout2010-09-30 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 30, 2010 HAMAKUA CONFERENCE ROOM HAWAII COUNTY BUILDING INVOCATION Commissioner Sumja gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:10 a.m. ROLL CALL Present: Tom Whittemore, Chair Donn S. Mende, Vice Chair Carol R. Ignacio, Commissioner Michelle L. 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 Police Chief Marshall Kanehailua, Assistant Chief Derek Pacheco, Assistant 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 Victorine moved to approve the minutes of August 19, 2010, regular and executive sessions. Commissioner Ono seconded, and it carried unanimously. COMMUNICATIONS Commissioner Victorine moved to accept the Honolulu and Maui Police Commission minutes as listed. Commissioner Sumja seconded and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Mende, Ono): No report. Hawaii Police Commission Regular Session Minutes September 30, 2010 Page 2 • Office Management (Whittemore): No report. • Rules and Policies (Sumja, Victorine): No report. • Public Relations (Ignacio, Pe`a- Ferrari): No report. CHIEF'S REPORT Including: • Crime: Assistant Chief Henry Tavares summarized the written report. In response to questions, he stated that dispatchers are not off on furlough Fridays, but they did receive a 5% pay reduction. • Traffic: Assistant Chief Derek Pacheco summarized the written report. In response to questions, he stated that this past legislative session allowed for traffic enforcement in private subdivisions. Chair Whittemore expressed his appreciation for the DUI report. He asked if there were chronic problems in certain areas. AC Tavares stated that there are three main arteries that people in Kona have to travel, and so the problem is throughout the entire Kona area. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments. Assistant Chief Marshall Kanehailua reported having 16 sworn vacancies. They are in the process of doing promotions for lieutenants, and promotions for sergeants will follow. They are going through another police recruitment. Their selection process is very stringent, and many applicants are eliminated before they get to the interview stage. Some applicants get caught up in nondisclosure of information and drug use. About 16 % -17% make it through the entire process and are hired. • Finance: Assistant Chief Kanehailua summarized the written report. Chair Whittemore requested a list of the CIPs by districts so that the commisioners could lobby for their district. Commendations: Chief Kubojiri reported receiving 14 commendations since the last meeting. Officers Jackson and Cabatu of Kona Patrol were recognized at the HSLEOA Conference on Kauai for their work in talking a man down from attempting suicide. Officer Ed Buyten of Kona patrol will be recognized in Honolulu as a Top Cop for his investigation in an overdose incident. Buyten spent over a year and a half in piecing together the circumstances that targeted the dealer. Other Departmental Activities: Chief Kubojiri reported on delays in the Puna substation, but they expect to have it completed in November. Their backpack drive for needy and homeless children netted 250 backpacks. A lot of people went out and purchased brand new backpacks to give them. Sergeant Alston Kimura, an 18 -year veteran of the Police Department who was assigned to the Hilo Detention Center, recently passed away. Hawaii Police Commission Regular Session Minutes September 30, 2010 Page 3 Commissioner Ono reported attending the Kona Crime Prevention Annual Meeting where they recognized the officer of the month. A few people mentioned that it would have been nice to have the Chief there. Chief Kubojiri stated that he was scheduled for another event. He would like to attend the meetings, so perhaps they could coordinate the meetings with his schedule. Commissioner Victorine reported attending the Hawai'i State Law Enforcement Officials' Conference on Kaua'i. Items of discussion were medical marijuana; Hawai'i County's Lowest Law Enforcement Priority of Marijuana, presented by Corporation Counsel Lincoln Ashida; and conducting investigative interviews, presented by DEA agents. The conference was very interesting, and it was geared towards training. Chief Kubojiri stated that Hawai'i County will host next year's HSLEOA conference which is attended by all four county police departments, police commissions, and federal law enforcement agencies. Commissioner Ignacio suggested conference themes of domestic violence and human trafficking. Recess was called at 9:55 a.m. The meeting reconvened at 10:17 a.m. EXECUTIVE SESSION Commissioner Victorine moved to meet in executive session to consider discipline and charges against officers or employees of the Hawai'i Police Department where consideration of matters affecting privacy will 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 the Hawai'i County Charter Section 13 -20 (b). Vice Chair Mende seconded, and the motion carried unanimously. Executive session convened at 10:20 a.m. Open session reconvened at 4:17 p.m. ACTION ON EXECUTIVE SESSION MATTERS INVESTIGATION AND DELIBERATION OF COMPLAINTS: HPC 10 -14: Complainant made a complaint with the police department in 2006. She questioned the suspension of the case and requested that it be routed to the prosecutor. Commissioner Victorine moved to refer the complaint to the Chief for customer service and procedural concerns. Commissioner Ono seconded, and it carried unanimously. HPC 10 -16: Complainant alleged that she was interrogated while in the hospital and incoherent, that her boyfriend's civil rights were violated, that her son was taken away by CPS, and that standard operating procedures were not followed. Commissioner Sumja moved to defer the complaint to the next meeting in Hilo as requested by the complainant. Commissioner Victorine seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes September 30, 2010 Page 4 HPC 10 -17: Complainant alleged that an officer threatened to arrest him, and that the officer is a threat to his family. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ignacio seconded, and it carried unanimously. HPC 10 -19: Complainant alleged that following an altercation with her boyfriend, she was arrested, but her boyfriend was not. Vice Chair Mende moved to defer the complaint to the next meeting in order to give the complainant and the officer another opportunity to attend the meeting. Commissioner Ignacio seconded, and it carried unanimously. • HPC 10 -20: Complainant alleged that her son was injured when the electronic control device was used on him. Commissioner Victorine moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pe`a - Ferrari seconded. The motion carried with nays from Commissioners Ignacio and Sumja. • HPC 10 -21: Complainant alleged that following his arrest for theft, officers released libelous information to the media. Commissioner Ono moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 10 -22: Complainant was arrested for a TRO violation. She alleged misconduct throughout the entire process. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 10 -24: Complainant alleged that he was broadsided by a moped and the responding officer did nothing. Commissioner Pe`a- Ferrari moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ignacio seconded, and it carried unanimously. • HPC 10 -25: Complainant was arrested for disorderly conduct. He alleged that he did not threaten the other party and that the transporting officer slammed on his brakes in an attempt to make him slam his head on the vehicle's grill. Vice Chair Mende moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pe`a- Ferraro seconded, and it carried unanimously. HPC 10 -26: Complainants alleged that during an investigation, an officer didn't investigate all the people they wanted investigated, didn't ask the questions they wanted asked, didn't give them a written update, and didn't return their calls. They alleged that an officer wouldn't accept their letters to a store and entered false information. They alleged that a dispatcher wouldn't send an officer over at about 9:50 p.m. to serve a TRO. They alleged that officers refused to serve a TRO for them but officers served TROs on them. Commissioner Ignacio moved that there was Hawaii Police Commission Regular Session Minutes September 30, 2010 Page 5 insufficient evidence to prove the complainants' allegations of misconduct. Commissioner Pe`a- Ferrari 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 Friday, October 22, 2010, at 9:00 a.m., in the Old Mayor's Office Conference Room, Hanama 1, 75 -5706 Kuakini Highway, Suite 103, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 4:38 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: Yom "ittemere TOM WHITTEMORE, CHAIR