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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: 2e(ge± JOSIE PELAYO, SECRETARY APPROVED: k44 - - LEROY VICTORINE, VICE CHAIR