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Home My WebLink About2011-03-21 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES MARCH 21, 2011 AUPUNI CENTER CONFERENCE ROOM Chair Mende recognized Tom Whittemore for his five years of service on the police commission. This was his last meeting. INVOCATION Commissioner Ignacio gave an invocation. CALL TO ORDER Chair Mende called the meeting to order at 9:02 a.m. ROLL CALL Present: Donn S. Mende, Chair Leroy J. Victorine 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 Tom Whittemore, Commissioner Also Present: Paul Ferreira, Deputy Police Chief Randy Apele, Major Paul Kealoha, Major James O'Connor, Captain Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Whittemore moved to approve the agenda. Commissioner Ono seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None APPROVAL OF MINUTES Commissioner Sumja asked to amend the minutes of February 25, 2011, to reflect that he was excused. Vice Chair Victorine moved to accept the regular and executive session minutes as amended. Commissioner Whittemore seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 2011 -05, request for representation by Corporation Counsel in CV10- 00749-DAE/KSC for the following police personnel: retired Police Chief Lawrence Mahuna, Major Samuel Thomas, Sergeant George Makua, Detective Brian Miller, Officer Romeo Fuiava, former Officer Benny Ruffolo, Radio Dispatcher Annette Collins, and Radio Dispatcher Miriam Kanaeholo (for Executive Session). Hawaii Police Commission Regular Session Minutes March 21, 2011 Page 2 Correspondence 2011 -06, invitation from SHOPO to attend coffee hour meetings with County Council members, SHOPO representatives, and police officers of each district to exchange information, ideas, and concerns relating to law enforcement in their districts. Chair Mende reminded the commissioners that they do not make individual decisions, but could bring up issues to the entire commission. Corporation Counsel Ashida reiterated the same, and stated that in order to comply with the Sunshine Law, no more than two commissioners should be in attendance. Correspondence 2011 -07, from Police Chief Harry Kubojiri, informing that they will not request a position for a crime victim information position for the police department. Vice Chair Victorine moved to accept the correspondence as listed. Commissioner Ignacio 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: Major Randy Apele summarized the written report. Public Works has completed repairs on Ali'i Drive, and the road is now open. • Traffic: Major Samuel Thomas summarized the written report. In response to Commissioner Ignacio's inquiry, he stated that the downtown security cameras are monitored by the South Hilo patrol desk. The desk officer checks it daily, but because of their workload, it is not monitored continuously. • Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Major Paul Kealoha stated that there are no sworn vacancies. One person resigned from the recruit class of 25. They normally lose an average of two in a class of 20. • Finance: Major Kealoha summarized the written report. Commissioner Ignacio stated that she is impressed with how they are keeping within their budget. • Commendations: Deputy Chief Ferreira reported that Chief Kubojiri is attending a CALEA conference. Regarding the one recruit resignation, they did account for the possible loss by hiring more people. Hawaii Police Commission Regular Session Minutes March 21, 2011 Page 3 • Other Departmental Activities: Deputy Chief Ferreira stated that the police department will have a budget hearing before the County Council on March 29 at 1:30 p.m. Eight officers were recently promoted to sergeant. UNFINISHED BUSINESS Correspondence 2011 -02, request for representation by Corporation Counsel in CV10- 00639SOMLEK for Police Chief Harry Kubojiri. This correspondence was on the February 25, 2011, agenda but Chief Kubojiri's name was not on the agenda. The commission approved presentation for all those named in the correspondence including the Chief. The commission needs to ratify this decision. Commissioner Whittemore moved to approve representation for Police Chief Harry Kubojiri. Commissioner Victorine seconded, and it carried unanimously. Recess was called at 9:25 a.m. The meeting reconvened at 9:40 a.m. EXECUTIVE SESSION Commissioner Ignacio 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, 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 Whittemore seconded, and it carried unanimously. Executive session convened at 9:40 a.m. Regular session reconvened at 12:05 p.m., at which time lunch recess was called. The meeting reconvened at 12:35 p.m. ACTION ON EXECUTIVE SESSION MATTERS Correspondence 2011 -05, request for representation by Corporation Counsel in CV10- 00749-DAE/KSC for the following police personnel: retired Police Chief Lawrence Mahuna, Major Samuel Thomas, Sergeant George Makua, Detective Brian Miller, Officer Romeo Fuiava, former Officer Benny Ruffolo, Radio Dispatcher Annette Collins, and Radio Dispatcher Miriam Kanaeholo. Vice Chair Victorine moved to approve representation for all named personnel. Commissioner Sumja seconded, and it carried unanimously. Complaint HPC 10 -36, Complainant alleged that during a search warrant of her home, doors and a safe deposit box were broken, two guns were missing, and plants were stepped on. Commissioner Ignacio moved that there was insufficient evidence to prove the allegations of misconduct. Vice Chair Victorine seconded, and it carried unanimously. Complaint HPC 11 -01: Complainant alleged that he was injured during his arrest. The Complaint was received 319 days from the date of the incident. Vice Chair Victorine moved to waive the 90 -day rule, to accept the complaint, and that there was insufficient evidence to prove the allegations of misconduct. Commissioner Sumja seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes March 21, 2011 Page 4 Complaint HPC 11 -02: Complainant alleged that officers should have done more during her son's attempted suicide. Commissioner Ignacio moved to defer the complaint to the next meeting and request additional information from the first responding officer. Commissioner Sumja seconded, and it carried unanimously. Complaint HPC 11 -03: Complainant alleged that during a traffic stop, an officer was unprofessional, untruthful, condescending, and malicious. Vice Chair Victorine moved that there was insufficient evidence to prove the allegations of misconduct and to refer the complaint to the Police Chief for customer service concerns noted in the complaint. The motion carried with ayes from Victorine, Whittemore, Pe`a- Ferrari, Kualii, and Mende. Noes were called by Ignacio, Ono, and Sumja. Complaint HPC 11 -06: Complainant alleged that officers failed to protect him as a census worker and arrested him. The complaint was received 295 days from the date of the incident. Commissioner Ignacio moved to waive the 90 -day rule, to accept the complaint, and that there was insufficient evidence to prove the allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. Complainant HPC 11 -08: Complainant alleged that during his DUI stop and arrest, officers didn't accommodate him for his disabilities. The complaint was received 111 days from the date of the incident. Vice Chair Victorine moved to waive the 90 -day rule, to accept the complaint, and that there was insufficient evidence to prove the allegations of misconduct. Commissioner Sumja seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Mende announced that the Police Commission's next monthly meeting will be on Friday, April 29, 2011, at the West Hawaii Civic Center, Building G Meeting Room, 74- 5044 Ane Keohokalole Highway, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 1:15 p.m. SUBMITTED: � 2 SECRETARY APPROVED: �� aGlk CHAIR