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HomeMy WebLinkAbout2010-11-24 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES NOVEMBER 24, 2010 AUPUNI CENTER CONFERENCE ROOM INVOCATION Commissioner Ignacio 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 Kenneth T. Ono, Commissioner T. Ka`ili Pe`a- Ferrari, Commissioner Michael B. Sumja, Commissioner Leroy J. Victorine, Commissioner Absent: Michelle L. Kualii, Commissioner Also Present: Harry S. Kubojiri, Police Chief Marshall Kanehailua, Assistant Chief Derek Pacheco, Assistant Chief Randy Apele, Major James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary A quorum was present. APPROVAL OF AGENDA Commissioner Victorine moved to approve the agenda. Commissioner Ono seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES • September 30, 2010, executive session. • October 22, 2010, regular and executive sessions. Commissioner Victorine moved to approve the minutes. Commissioner Ignacio seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 2010 -12, from The Hawaii Law Enforcement Memorial Foundation, announcing its foundation's efforts to raise money to construct a memorial to honor Hawaii Police Commission Regular Session Minutes November 24, 2010 Page 2 enforcement officers who have died in the line of duty. Chair Whittemore stated that individuals could make their own donation. • Correspondence 2010 -13, from Kerry and Kathleen Inouye asking the commission to conduct an inquiry into the investigation of the death of their dog. Commissioner Victorine stated that he would like to recuse himself because he is closely involved with the Inouyes. • Honolulu Police Commission Minutes of September 15 and October 6, 2010. • Kaua`i Police Commission Minutes of September 30, 2010. • Administrative Notice No. 2010 -100, regarding Department of Transportation Enforcement Grants. With no further discussion, Chair Whittemore stated the communications would be filed. COMMITTEE REPORTS • Budget and Finance (Mende, Ono) — No report. • Office Management (Whittemore) —Chair Whittemore stated that at the end of the year he will be evaluating Ms. Pelayo and will seek input from the members. • Rules and Policies (Sumja, Victorine) — No report. • Public Relations (Ignacio, Pe`a- Ferrari) — No report. CHIEF'S REPORT Including: • Crime: Major Apele summarized the written report. He gave a brief report of a father and son being stabbed. The 57 -year father succumbed to his injuries. Regarding the traffic accident involving Colt Brennan, the vehicle that he was passenger in, crossed the center line and struck an oncoming vehicle. They have several witnesses and have put the word out for other witnesses. • Traffic: Assistant Chief Pacheco summarized the written report. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Assistant Chief Kanehailua reported having 18 sworn vacancies. Two officers will retire at the end of the year. Eleven recruits will be assigned to districts in December. They have 10 civilian vacancies, 7 of which are school crossing guards. • Finance: Assistant Chief Kanehailua summarized the written report. Commanders have done an excellent job in keeping overtime down. They have had unexpected Hawaii Police Commission Regular Session Minutes November 24, 2010 Page 3 expenses relating to the fleet program. They initially purchased 18 vehicles and then another 15 shortly thereafter. They were told the fleet was a good thing to do, but the repairs were not factored in at the time. The warranties have all gone out, and the repairs are really starting to climb. The money for the repairs was taken away, so they now have to find the money in their operating budget. They want the cars out in the field, not sitting around. The cars are two and three years old and all have well over 60,000 miles on them. They don't have a motor pool to do the repairs. The vehicles run for two shifts, sixteen hours, and then rest one shift. When asked, AC Kanehailua stated that his personal opinion is that they cannot beat their subsidized program. Commissioner Ono stated that they should look at the statistics. AC Kanehailua that they have not started on the new CIP submittals and are only doing reappropriations. Their only new project is repairs for the Ka`u police station which is degrading quickly because of the salt water. The 700 megahertz communication system is priority number one because it is a federal mandate. Anything with a federal mandate will be priority one. If they don't have it in place by 2012, they will be fined. Civil Defense has taken charge of the radio system because it will be shared with other departments such as public works and fire. AC Kanehailua further reported that the South Kona police station was pushed from a low priority to a high priority by the council member from that district. They predicted costs of between $11 and $15 million, but now the engineers are looking at $35 -$40 million. When they build the building, they will have to cut into the grade. The building was cut from three - stories to two - stories. The top story is the firing range. The firing range has a ventilation system that's going to cost millions of dollars. Every time they fire they would have to turn on the ventilation system which will suck a lot of electricity. Chair Whittemore stated the site is really awkward because they can't get immediate access. The ingress and egress is very challenging. AC Kanehailua stated that they will have to staff the station with at least 70 additional positions, both sworn and civilian. Chair Whittemore asked for a presentation at the next meeting to familiarize the commissioners on the proposed South Kona police station. They want to be able to understand its complexities and challenges. Commissioner Ignacio stated that they have many challenges with that site and yet they're still moving forward. She asked at what point they are supposed to make a statement that it doesn't make sense. She asked why it was a priority one. AC Kanehailua stated that the Mayor's office has a committee that prioritized the projects. Many of the projects are prioritized by Federal and ADA mandates. If there is no mandate, it would not make the priority list, especially during these tough economic times. If they are going to have projects such as a new police station or a new building that is not getting funding from federal or outside sources, he feels it's an exercise in Hawaii Police Commission Regular Session Minutes November 24, 2010 Page 4 futility. Some of the projects have been on the list since 1973. During the CIP committee meetings, they push for projects that they feel are priority. Their number one priority is the new federally mandated radio communication system, but that's $89 million and nobody wants to put that as a priority. Commissioner Ono stated that the key driver for the South Kona police station is the fact that it is already on government land. They would save on the land acquisition cost, but if the site is so difficult that it increases the capital cost and operating cost once it's built, they have to really look at it. They have to be practical about the whole thing. AC Kanehailua stated that they will give a presentation on the South Kona police station at the next meeting. In response to Commissioner Ono's inquiry, AC Kanehailua stated that a private citizen could donate money to purchase portable radios for the police department, but the County Council would have to accept the donation. Recess was called at 9:45 a.m. The meeting reconvened at 10:00 a.m. Commendations: Chief Kubojiri reported receiving fourteen commendations involving thirty -three personnel since the last meeting. Other Departmental Activities: Chief Kubojiri reported that 800 free shared taxi ride coupons are being made available for the holiday season at drinking establishments around the island. Chief Kubojiri reported that in participation with the Hawaii Meth project, middle school students were asked to submit a pledge that had the phrase, "Not even once." The winner or winners will be recognized at the 30th Annual Winter Basketball League opening ceremonies in December. A wristband will be given to all participants and a T- shirt to those whose pledge was selected. The plan is to have sporting teams recite the phrase before games. Chief Kubojiri reported that starting December 1, they will have their second community satisfaction survey on the police department's website. Chief Kubojiri gave kudos to personnel for keeping overtime down. Chief Kubojiri reported that four sergeants were promoted to lieutenants. Assistant Chief Derek Pacheco will retire at the end of the year after 34 years of service. Recess was called at 10:26 a.m. The meeting reconvened at 10:36 a.m. Hawaii Police Commission Regular Session Minutes November 24, 2010 Page 5 EXECUTIVE SESSION Commissioner Sumja moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii 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 Hawaii County Charter Section 13 -20 (b). Commissioner Ono seconded, and the motion carried unanimously. Executive session convened at 10:38 a.m. Regular session reconvened at 2:35 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 10 -16: Complainant alleged that she was interrogated while incoherent in the hospital, 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 that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • Complaint HPC 10 -18: Complainant alleged that the officer responded to the wrong address (his house), entered his property without permission, and threatened him with a pistol. Commissioner Ignacio moved to refer the complaint to the Police Chief for customer service and procedural concerns as presented in the complaint. Commissioner Sumja seconded, and it carried unanimously. Complaint HPC 10 -19: Complainant and her boyfriend were involved in a physical altercation, and she was arrested. She alleged that she was also injured but her boyfriend was not arrested. Commissioner Victorine moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pe`a - Ferrari seconded, and it carried unanimously. Complaint HPC 10 -29: Complainant alleged that she received impartial treatment and was not allowed into the police records section of the police station. Vice Chair Mende moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. Complaint HPC 10 -30: Complainant was involved in a traffic stop. She alleged that she was harassed by the officers' questions. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. Complaint HPC 10 -31: Complainant alleged improper treatment during his arrest. Commissioner Victorine moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes November 24, 2010 Page 6 Complaint HPC 10 -32: Complainant alleged that an officer harassed and intimidated him when he asked him questions and threatened him with arrest. Commissioner Pe`a- Ferrari moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. • Complaint HPC 10 -33: Complainant alleged that an officer unjustly coerced him and embarrassed him to leave a restaurant. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. 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 Wednesday, December 22, 2010, in the Puna Conference Room in the Hawaii County Building, 25 Aupuni St., Hilo. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 2:50 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: CTOM * l: a n ere TOM WHITTEMORE, CHAIR