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
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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.
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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
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Regular Session Minutes
January 28, 2011
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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
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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:
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JOSIE PELAYO, SECRETARY
APPROVED:
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DONN S. MENDE, CHAIR