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HomeMy WebLinkAbout2011-01-28 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUES JANUARY 28, 2011 MAYOR'S OLD KONA OFFICE CONFERENCE ROOM 75 -5706 KUAKINI HWY., SUITE 103, KAILUA -KONA INVOCATION Commissioner Sumja gave an invocation. CALL TO ORDER Chair Mende called the meeting to order at 9:03 a.m. ROLL CALL Present: Donn S. Mende, Chair Leroy J. Victorine, Vice Chair Kenneth T. Ono, Commissioner Michael B. Sumja, Commissioner Tom Whittemore, Commissioner Excused: Carol R. Ignacio, Commissioner Michelle L. Kualii, Commissioner T. Ka`ili Pe`a- Ferrari, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul K. Ferreira, Deputy Chief Henry Tavares, Assistant Chief Paul Kealoha, Major James O'Connor, Captain Lincoln S. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Whittemore moved to approve the agenda. Vice Chair Victorine seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS KELLY GREENWELL (Correspondence 2011 -01) stated that he is a friend of the court. He is making a report of reports made to him as councilman for the past two years. He received calls and a -mails about the police department. His concern is that the police are handling people roughly, and he is concerned about justice. He is aware that there are people out there who deserve harsher treatment, but there are others who have been treated more coarsely. Hawai`i's image is the aloha spirit. He wants the police and those policing the police to try to get more civil attitudes. The number of allegations he has been aware of are a lot larger than he would hope in our community. Everyone in the room knows that he was pulled over by a police officer. The handling was more severe than it should have been. He is not contesting the outcome, but as first hand experience, they need to tone down how they handle people, or at least be aware of the fact that there is a Hawaii Police Commission Regular Session Minutes January 28, 2011 Page 2 rule that the police play that is a part of the economics of this place. The visitor bureau is an extension of them. How a visitor is treated by an officer has a lot being said on the electronic media and does impact whether people come here. He asked the commission to see if the Mayor will spend a little more money for training. The feeling is that the police are there, and there is a fear factor. His mission at this meeting is to see that some things are handled a little more delicately. The role of the police department is also a part of our visitor industry. APPROVAL OF MINUTES Commissioner Sumja moved to approve the minutes of December 22, 2010, regular and executive sessions. Commissioner Ono seconded, and it carried unanimously. COMMUNICATIONS Vice Chair Victorine moved to accept the communications as listed. Commissioner Whittemore seconded, and it carried unanimously. COMMITTEE REPORTS • Budget and Finance (Mende, Ono): No report. • Office Management (Whittemore): Commissioner Whittemore reported that Ms. Pelayo's annual evaluation is due, and if anyone wants to offer input, to give it to Chair Mende • 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. • Traffic: Assistant Chief Tavares summarized the written report. DUI checkpoints were conducted throughout the holiday season and most were funded by grants. Cows do get hit on the roadways, but more often it's donkeys in the Waikoloa area. There is signage telling people to be aware. • Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.): Major Paul Kealoha reported that as of January 2011, they had 26 sworn and 9 civilian vacancies. On February 1, they will start a new recruit class with 25 members. • Finance: Major Kealoha stated that salaries and wages are under budget. • Commendations: Chief Kubojiri reported receiving 17 commendations involving 34 personnel since the last meeting. Hawaii Police Commission Regular Session Minutes January 28, 2011 Page 3 • Other Departmental Activities: Chief Kubojiri reported that they have about a dozen sergeant vacancies. Filling the vacancies will depend on the budget. An issue is their long recruiting process that takes almost two years from the first test to hitting the road. Chief Kubojiri reported that they conducted a second community survey on their website in December, and the results are on the website. There were common public concerns about reconstructed vehicles, large and lifted trucks, tinted windows, lack of professionalism which Mr. Greenwell touched upon, curt and unfriendly tone of dispatchers, and a myriad of other things. He gave the survey to his Assistant Chiefs to see if it is applicable to their departments, whether it's a training issue, miscommunication or lack of communication. We do not have reconstruction laws for vehicles. They intend to analyze the survey and get back to the community on what they are doing. Their intent is to improve the police department. Regarding Mr. Greenwell's statement, they try to promote professionalism. The contact people have with the police is not always under the best circumstances, and they are there to address some problem. They are held to a higher standard. They try to nip it in the bud when they get wind of it. The legislative session has commenced, and the law enforcement coalition has bills to tighten up the language of certain laws. Commissioner Ono expressed concern about funding for security when the APEC conference comes to Honolulu in November, and heads of states visiting the Big Island. Chief Kubojiri stated that it would add a huge dollar amount. They have not gone out to seek additional funding. A lot of the dignitaries come with their own personal security. They don't have any itineraries. Last year there was talk about other county police departments assisting Oahu. NEW BUSINESS Police Department's presentation on proposed South Kona police station. Major Kealoha stated that he and Assistant Chief Kanehailua are working with Public Works on the new police station. They are in the design stage, and 1.4 million was appropriated for the design. It is mauka of the Mamalahoa Highway and the Fire Department's Captain Cook station. Access would be a problem. It will be a two -story complex with a 10 -lane firing range on the second floor. They intend to provide firearms training for West and East Hawaii. Operations and a training room will be on the first floor. They will have a 24 -hour receiving desk that will meet all CALEA standards. They should have the design finalized sometime in mid 2011, and it will then be sent out for bid. They won't know the costs until the bids come out, and no funds have been appropriated for the building. The holding cell is designed for two adult males, two adult females, one juvenile male, and one juvenile female. Commissioner Ono stated that there definitely is a need for a South Kona Police station. However, members of the community have brought many issues to his attention. The Hawaii Police Commission Regular Session Minutes January 28, 2011 Page 4 overall cost seems to have gotten out of hand. It is out of sight from the highway. The firing range has cost issues and concerns of whether it could be in a more centralized location, and outdoors. Vice Chair Victorine stated that his affiliation with the police department goes back many years. There are many different control factors that the firing range has to go through. For instance, the Hilo station that has a firing range upstairs, has problems because of ventilation. They are building the South Kona station with all concerns being considered. Regarding centralization, Ka'u and Waimea will be using it. He is all for it. Recess was called at 9:55 a.m. The meeting reconvened at 10:10 a.m. EXECUTIVE SESSION Commissioner Ono 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 Whittemore seconded, and it carried unanimously. Executive session convened at 10:11 a.m. Regular session reconvened at 2:05 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 10 -34: Complainant was involved in a vehicle accident and then arrested for driving under the influence of intoxicants. He complained about the process during his arrest. The complaint was withdrawn. Complaint HPC 10 -37: Complainant was arrested for disorderly conduct. She alleged that there was no need for the arrest, that the officers used unnecessary force, that she was not read her rights, and that she was assaulted by another prisoner while in the jail cell. She alleged misconduct by the responding officers. Vice Chair Victorine moved that there was sufficient evidence to prove allegations of misconduct on Officer #1 only and to refer the complaint to the Chief for further investigation by Internal Affairs. Commissioner Whittemore seconded, and it carried unanimously. Complaint HPC 10 -38: Complainant was cited for speeding. He alleged that he was not doing what the officer said he was doing, and that he was intimidated and harassed by the officers. Commissioner Sumja moved to refer the complaint to the Chief for an investigation by Internal Affairs. Commissioner Whittemore seconded, and it carried unanimously. Complaint HPC 10 -39: Complainant alleged that officers ignored his complaint of a TRO violation, and that officers have verbally abused him. Commissioner Sumja Hawaii Police Commission Regular Session Minutes January 28, 2011 Page 5 moved that there was insufficient evidence to prove misconduct. Commissioner Whittemore seconded, and it carried unanimously. Complaint HPC 10 -40: Complainant was arrested for harassing her neighbors. She alleged that an officer made the handcuffs tight and talked about a previous incident, that the officers would not listen to the dispatch tape as she requested, and that she was placed in a hot squad. Commissioner Whittemore moved to defer the complaint to the next meeting as requested by the complainant. Vice Chair Victorine seconded, anc it carried unanimously. Status Report of Internal and Referred Complaints. Captain O'Connor briefly summarized the written report. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. ANNOUNCEMENTS Chair Mende announced that the Police Commission's next monthly meeting will be on Friday, February 25, 2011, at 9:00 a.m., in the Waimea Civic Center Conference Room, 67 -5189 Kamamalu St., Waimea. Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 2:25 p.m. SUBMITTED: " 2!' ,� JOSIE PELAYO, SECRETARY APPROVED: -ven4v Or A" DONN S. MENDE, CHAIR