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HomeMy WebLinkAbout2010-12-22 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 22, 2010 PUNA CONFERENCE ROOM, HAWAII COUNTY BUILDING INVOCATION Commissioner Sumja gave an invocation. CALL TO ORDER Chair Whittemore called the meeting to order at 9:03 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: Paul K. Ferreira, Deputy 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 A quorum was present. APPROVAL OF AGENDA Commissioner Victorine moved to approve the agenda. Commissioner Ignacio seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES • Commissioner Ignacio moved to approve the minutes of November 24, 2010, regular and executive sessions. Commissioner Sumja seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 2010 -14, Police Department's Annual Misconduct Report to the State Legislature: Deputy Chief Ferreira stated that they are addressing violations of report writing through their Records Management System. They do progressive discipline. Commissioner Sumja moved to accept this communication for filing. Commissioner Victorine seconded, and it carried unanimously. Hawaii Police Commission Regular Minutes December 22, 2010 Page 2 (Commissioner Ono arrived at 9:10 a. m.) • Police Commission's 2011 Meeting Schedule. • Honolulu Police Commission Minutes of October 20, 2010. • Maui Police Commission Minutes of October 20, 2010. Commissioner Victorine moved to accept these communications for filing. Vice Chair Mende seconded, and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Mende, Ono): No report. • 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 Tavares summarized the written report. Chair Whittemore pointed out that North Kohala had only one burglary. • Traffic: Assistant Chief Pacheco summarized the written report. DUI roadblocks and traffic posts are being manned almost on a daily basis, and grants are used for these. They are waiting for the toxicology report on the accident in which Colt Brennan was a passenger. They are considering a joint media release with the prosecutor's office. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Assistant Chief Kanehailua summarized the written report. They have 21 sworn vacancies, and anticipate three more vacancies due to retirements in early 2011. They are targeting February for the start of the next recruit class. They have 16 civilian vacancies. Finance: Assistant Chief Kanehailua reported doing well on target expenditures, a lot of which is due to reduction in overtime. They should be below their target at the end of the fiscal year. Assistant Chief Pacheco stated that they have cut back on some overtime, but not all. They do work overtime if the commander feels they need to do it and it's justified. The Hawaii Police Commission Regular Minutes December 22, 2010 Page 3 commanders have to make the daily decision as things come up. Public service should not be impacted. Assistant Chief Kanehailua stated that they cut back on overtime in records and records report processing. They are getting complaints about OIP requirements, although not a lot. Chair Whittemore expressed concern about CALEA accreditation being jeopardized because of budget cuts. Kanehailua stated that their budget for CALEA is $20,000. They have a staff of four. They are one year away from accreditation. The money pays for training and equipment so they can be accredited. CALEA has certain requirements such as that males and females must be separated in sight and sound in the cellblock. Hawaii and Kauai counties are the only ones not accredited. He invited the commissioners to meet with the officers who are working on CALEA. Chair Whittemore asked that the commission be given updates at future meetings. • Commendations: Deputy Chief Ferreira reported receiving 12 commendations since the last meeting. Other Departmental Activities: Deputy Chief Ferreira further reported on the Legislative report of misconduct. He stated that it could involve the same officer. They do take report writing seriously. The other counties have a different way of report writing to the Legislature, so they can't compare. Assistant Chief Kanehailua reported that Honolulu will not report it until the grievance process is finalized. Deputy Chief Ferreira will report back on how they compare with the other islands. Deputy Chief Ferreira reported that they are scheduled to meet with County Finance the week of January 14 to go over their budget. They submitted their budget, was asked for justifications, and then asked to provide additional justifications. After the meeting it goes to the Mayor for approval. They are looking at making cuts in all accounts. Regarding the overtime account, they have been fortunate this past year with having no disasters. Although the census says we have grown, they cannot go to the Mayor for additional sworn positions because of the funding, but it will come to the point where they will have to. NEW BUSINESS • Police Commission's 2011 Meeting Schedule: No Discussion. Selection of Chair and Vice of the Police Commission for 2011: Commissioner Ignacio stated that Michael Sumja and Donn Mende were interested in being Chair. No one is interested in the Vice Chair position. She asked both nominees to give a brief statement of why they believe they have the qualities and interest in serving the commission and the public. Commissioner Sumja gave a brief summary of his qualifications and then withdrew his interest in being Chair. Then, Donn Mende said he was interested in being Chair and Leroy Victorine expressed his interest in being Vice Hawaii Police Commission Regular Minutes December 22, 2010 Page 4 Chair. Written ballot votes were unanimous for Donn Mende as Chair and Leroy Victorine as Vice Chair. Recess was called at 9:53 a.m. The meeting reconvened at 10:03 a.m. 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 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 (a) (2) (4) and the Hawaii County Charter Section 13 -20 (b). Commissioner Victorine seconded, and the motion carried unanimously. Executive session convened at 10:05 a.m. Regular session reconvened at 11:10 a.m. ACTION ON EXECUTIVE SESSION MATTERS Complaint HPC 10 -35: Complainant alleged that her ex- boyfriend violated a TRO and when she called the police, the responding officer told her it couldn't have happened, and he didn't show up. Commissioner Victorine moved that there was sufficient evidence to prove the complainant's allegations. Commissioner Ignacio seconded, and it carried unanimously. Discussion: Commissioner Victorine stated that the police department needs to do a thorough investigation of all her concerns from failure to respond to entry of department information into Facebook. The department needs to look into the entire matter and report back to the commission. Captain O'Connor stated that this complaint will go to I.A. for an investigation. Chair Whittemore reiterated that the commission wants I.A. to look into violations of releasing department information by police personnel in Facebook. Lunch recess was called at 11:15 a.m. The meeting reconvened at 12:05 noon. EXECUTIVE SESSION Commissioner Victorine moved to meet in executive session to conduct an annual performance evaluation of Police Chief Harry Kubojiri where consideration of matters affecting privacy will be involved and a closed session is requested by Chief 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 (a) (2) (4) and the Hawai'i County Charter 13 -20 (b). Vice Chair Mende seconded, and it carried unanimously. Executive session convened at 12:08 a.m. Regular session reconvened at 2:05 a.m. Annual Performance Evaluation of Police Chief Harry Kubojiri: The commission conducted its evaluation which will be presented to Chief Kubojiri for his review and then discussed at a future meeting. Hawaii Police Commission Regular Minutes December 22, 2010 Page 5 ANNOUNCEMENTS • Chair Whittemore announced that the Police Commission's next monthly meeting will be on Friday, January 28, 2011, in the Mayor's Old Office Conference Room in Kona, Hanama 1, 75 -5706 Kuakini Hwy, Suite 103, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 2:07 pm. SUBMITTED: �� 2E'kv JOSIE PELAYO, SECRETARY APPROVED: Yom "ittemere TOM WHITTEMORE, CHAIR