HomeMy WebLinkAbout2011-02-25 Police Commission MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES
FEBRUARY 25, 2011
WAIMEA CIVIC CENTER CONFERENCE ROOM
INVOCATION
Commissioner Ignacio gave an invocation.
CALL TO ORDER
The meeting was called to order at 9:10 a.m. by Vice Chair Victorine who chaired the meeting
in the absence of Chair Donn Mende.
ROLL CALL
Present: Leroy J. Victorine, Vice Chair
Carol R. Ignacio, Commissioner
Michelle L. Kualii, Commissioner
Kenneth T. Ono, Commissioner
T. Ka`ili Pe`a- Ferrari, Commissioner
Tom Whittemore, Commissioner
Excused: Donn S. Mende, Chair
Michael B. Sumja, Commissioner
Also Present: Harry S. Kubojiri, Police Chief
Paul K. Ferreira, Deputy Chief
Marshall Kanehailua, Assistant Chief
Henry Tavares, Assistant Chief
Samuel Thomas, Major
Lincoln S. Ashida, Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Ignacio moved to approve the agenda. Commissioner Ono seconded, and it
carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Complaint HPC 11 -04: Yaneth Demello came before the commission and stated that the
officer was prejudiced against her. She gave the officer her Mexican driver's license. The
officer told her it was illegal, and that he was sure she was illegal. He told her he could take
her to jail because he was sure she was illegal. He said he stopped her for driving too slow
and holding up traffic. She was going 40 mph. The officer stuck his hand out at her showing
that he didn't want to hear her. ( Demello exited.)
APPROVAL OF MINUTES
January 28, 2011, regular and executive sessions. Commissioner Ignacio moved to amend
the regular session minutes by changing roll call from "absent" to "excused" and then to
approve the minutes. Commissioner Kualii seconded, and it carried unanimously.
Commissioner Ono moved to amend the executive session minutes by changing roll call from
"absent" to "excused." Commissioner Ignacio seconded, and it carried unanimously.
Hawaii Police Commission
Regular Session Minutes
February 25, 2011
Page 2
Commissioner Kualii moved to approved the executive session minutes as amended.
Commissioner Pe`a- Ferrari seconded, and it carried unanimously.
COMMUNICATIONS
Commissioner Ono moved to accept the listed correspondence. Commissioner Pe`a- Ferrari
seconded, and it carried unanimously.
COMMITTEE REPORTS
• Budget and Finance (Mende, Ono): No report.
• Office Management (Mende): 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.
• Traffic: Major Samuel Thomas summarized the written report.
• Personnel: Assistant Chief Kanehailua reported that the new recruit class started on
February 1, and one recruit has already dropped out. One officer has prior law
enforcement experience and is being put through an accelerated program. There are two
women in the class. They have 25 sworn and 15 civilian vacancies.
• Finance: Assistant Chief Kanehailua summarized the written report. Commissioner
Ignacio stated that she is very impressed with how they are handling budget concerns.
• Commendations: Deputy Chief Ferreira reported receiving twelve commendations since
the last meeting.
• Other Departmental Activities: Deputy Chief Ferreira reported that they recently
opened the new Pahoa substation. Commissioner Ignacio asked if the newspapers could
give the police department space for printing commendations and all the good things that
are happening in the department. Ferreira stated that both newspapers have been
printing a lot more articles about the police department.
NEW BUSINESS
Correspondence 2011 -04, Police Commission's proposal for a crime victim information
position for the Hawaii Police Department. Chief Kubojiri stated that after receiving this
correspondence, it's obvious they have to work a little bit harder. He distributed a memo
dated September 7, 2006, that outlined their report writing procedures. He felt it addressed
the commission's concerns. With their records management system, supervisors are now
Hawaii Police Commission
Regular Session Minutes
February 25, 2011
Page 3
able to pullout narratives to see what officers are doing. They have a checklist that shows
exactly what must be done. The supervisors are able to review the reports and the check
lists. They have a 30 -60 -90 -day report. The officer's command staff checks on the 30-60-90 -
day complaints. Some things take longer than 90 days. In any case that gets to the 90 -mark,
the supervisor has to explain to the command staff. This is part of training and discipline.
They do document when someone is counseled. When they get CALEA certified, all
documents such as this will be on the computer for officers to read.
Commissioner Ignacio stated that sometimes it's more of a culture than an individual not
following up or not reaching out. Maybe it would be helpful if they try to change a culture of
"regulations are here, procedures are here." It is easy to say follow these rules. It's a
cognitive thing.
Commissioner Ono stated that this procedure has been in place since 2006, and still the
commission gets complaints that no one talked to them.
Major Thomas stated that the captains are tasked every month to randomly check on things
such as whether the officers called the victim. They have been doing it for about two years.
Chief Kubojiri stated that they have a checklist, but things do fall between the cracks.
Vice Chair Victorine stated that with the new records management system that should not
happen.
Recess was called at 10:00 a.m. The meeting reconvened at 10:15 a.m.
EXECUTIVE SESSION
Commissioner Kualii moved to meet in executive session to consider discipline and charges
against officers or employees of the Hawai'i Police Department, to consider sensitive matters
relating to public safety, to conduct an annual performance evaluation of an employee where
consideration of matters affecting privacy will be involved and a closed session is requested,
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) (5) and the Hawai'i County Charter Section 13 -20 (b). Commissioner Ignacio
seconded, and it carried unanimously.
Executive session convened at 10:16 a.m.
Regular session reconvened at 1:38 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
Correspondence 2011 -02, Request for representation by Corporation Counsel for
Officers Jo Aoki and Ryan Pagan in CV10- 00639SOMLEK. Commissioner Ono moved to
approve presentation by Corporation Counsel for the officers named in CV10-
00639SOMLEK. Commissioner Whittemore seconded, and it carried unanimously.
Hawaii Police Commission
Regular Session Minutes
February 25, 2011
Page 4
Correspondence 2011 -03, Request for representation by Corporation Counsel for
Officers Romeo Fuiava and DuWayne Waipa, Jr., in CV1 1-0001 9BMK. Commissioner
Ono moved to approve representation by Corporation Counsel for the officers named in
CV11- 0019BMK. Commissioner Whittemore seconded, and it carried unanimously.
Investigation and Deliberation of Complaints
➢ 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 tapes as she requested, and that she
was placed in a hot squad car. The commission reviewed the complaint's email
requesting an indefinite deferral of her complaint. Commissioner Ignacio moved to
deny the request for a deferral and to refer the complaint to the Chief for an
investigation by Internal Affairs investigation. Commissioner Pe`a- Ferrari
seconded, and it carried unanimously.
➢ HPC 11 -04, Complainant alleged that the officer's traffic stop was illegal.
Commissioner Kualii moved that there was insufficient evidence to prove misconduct
and to refer the complaint to the Chief for customer service concerns addressed in
the complaint. Commissioner Pe`a- Ferrari seconded, and it carried unanimously.
ANNOUNCEMENTS
• Vice Chair Victorine announced that the Police Commission's next monthly meeting will
be on Monday, March 21, 2011, at 9:00 a.m. in the Aupuni Center Conference Room, 101
Pauahi St., Hilo.
• Collection of files and documents. — Done.
ADJOURNMENT
The meeting was adjourned at 1:42 p.m.
SUBMITTED:
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JOSIE PELAYO, SECRETARY
APPROVED:
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LEROY VICTORINE, VICE CHAIR