Loading...
HomeMy WebLinkAbout2011-06-24 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 24, 2011 AUPUNI CENTER CONFERENCE ROOM INVOCATION Commissioner Ignacio gave an invocation. CALL TO ORDER Vice Chair Victorine called the meeting to order at 9:00 a.m. 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 Michael B. Sumja, Commissioner Excused: Donn S. Mende, Chair Paul W. Horner, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul Ferreira, Deputy Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Samuel Thomas, Major James O'Connor, Captain Molly Lugo, Deputy 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 — None. APPROVAL OF MINUTES Commissioner Pe`a- Ferrari moved to approve the minutes. Commissioner Sumja seconded, and it carried unanimously. COMMUNICATIONS Commissioner Ignacio moved to approve the communications as listed. Commissioner Sumja seconded, and it carried unanimously. COMMITTEE REPORTS • The committees had nothing to report. Hawaii Police Commission Regular Session Minutes June 24, 2011 Page 2 • Review and discussion of the need for current and new committees: Commissioner Ono stated that he asked to put this on the agenda and would like discussion. He wants to consider a 2 -4 year time line and focus on what they would like to see in that period. It could be buildings, programs, etc. Commissioner Ignacio stated that she had to tie herself when the Chief took the hit about Dr. Alameda's training. Her organization uses him, and he is the best. If they had a committee that looked at training, they could have left the outcry out. She likes the idea of looking at the committees to enhance and help the department to get better programs, projects, etc. There would have been different results if the commission had recommended Dr. Alameda. Commissioner Ono stated that he has not talked to the Chief about this, and their goal is not to get in the way. He would like the Chief to get involved. Deputy Corporation Counsel Lugo stated that they could agendize this matter at a future meeting and be specific as to what will be discussed. Commissioner Ono moved to schedule a meeting for June 30, 2011, at 10:00 a.m. to further discuss the need for current and new committees. Commissioner Sumja seconded, and it carried unanimously. CHIEF'S REPORT Including: • Crime: Assistant Chief Tavares summarized the written report. He will look into the high theft numbers which could be an error. Traffic: Major Thomas summarized the written report. Most to the DUI roadblocks are funded by grants. Jail time for DUIs is determined by the courts. With the new DUI laws, there seems to be less DUIs. The ignition interlock law went into effect January 1, and the defendant must pay for it. • Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Assistant Chief Kanehailua reported having 5 sworn vacancies. One recruit resigned this week. There are 9 civilian vacancies. Recruit graduation will be on July 15. They will find out at the next CALEA conference whether or not they will get accredited. • Finance: Assistant Chief Kanehailua summarized the written report. They are well within their budget. • Commendations: Chief Kubojiri reported receiving 15 commendations since the last meeting. • Other Departmental Activities: Hawaii Police Commission Regular Session Minutes June 24, 2011 Page 3 ➢ Training by Dr. Kimo Alameda: Chief Kubojiri reported that Dr. Alameda will hold a training session on July 8 at 9:00 a.m., for two hours, in the Police Department's training room. It will be for recruits and individuals with issues that concerned the commission and the department. He encouraged the commissioners to attend and asked that they call his secretary to confirm their attendance. He further stated that this resource is in their backyard and suits their schedule. As it stands, it is an opportunity missed. He is still exploring different things. The main thing is they want to get their employees trained. Commissioner Ignacio stated, for the record, that from experience, Dr. Alameda is the best. The issue is political. It would be poor stewardship on their part not to pursue further training by Dr. Alameda. Commissioner Sumja stated that there is nothing political about Dr. Alameda. He wants to go on record as saying that they want this training to happen. Commissioner Ono stated that after the article came out in the paper, he talked to Chair Mende, the Chief, and then Rick Flickinger of West Hawaii Today. Flickinger said if they had a noncompetitive bid, it would not have been an issue. The problem was that the person was a campaign manager for the Mayor. If a request for proposal went out, there would be no problem. The paper didn't question the Police Chief's ability to enter into the agreement; it was that it involved the Mayor's campaign manager. Commissioner Ono further stated that they need to help fix this. This upsets him because it undermines the commission's efforts. Chief Kubojiri stated that it is not so much about the individual, but more about training for their personnel. Whether or not the newspaper editor thought there were improprieties, they were just looking at training for their personnel. He wasn't looking at it as the mayor's campaign manager, but rather the best training for their personnel. Deputy Corporation Counsel Lugo stated, for clarification, that the law recognizes that training is unique. There is special exemption for unique training. They are allowed to contract directly with the trainer. To not proceed could have been a management decision of not appearing improper. Commissioner Sumja stated that he wants the "powers" to know that they want Dr. Alameda to provide more training. Vice Chair Victorine asked Deputy Corporation Counsel Lugo to draft something to that effect for them. Commissioner Ignacio stated that Dr. Alameda's style is exactly what the department needs. It would be a disservice to the department not to get him. Hawaii Police Commission Regular Session Minutes June 24, 2011 Page 4 Commissioner Sumja moved that they put together a resolution in support of having Dr. Kimo Alameda provide more training for personnel of the Police Department. Commissioner Ignacio seconded, and it carried unanimously. ➢ Hearing Impaired Directive: Chief Kubojiri reported that they received a complaint about a hearing impaired person not being able to communicate with the officer both on the road and at the station. A directive was sent out to address this problem. ➢ APEC Conference: Chief Kubojiri reported that they have been invited to participate with security for the APEC Conference in Honolulu. ➢ Personnel: Chief Kubojiri reported that a recruit resigned this week. He realized that being a police officer was not for him, and that the standards and expectations were too high for him. They normally get about two resignations in each recruit class. The 79th recruit class graduation will be on July 15 at 10:30 a.m. at Nani Mau Gardens. A commanders meeting will be held just prior to that. Major Paul Kealoha will be promoted to Assistant Chief in Area II, replacing Assistant Chief Tavares, on July 18. Tavares will replace Assistant Chief Pacheco in Hilo. Promotions will create more personnel moves. Kona will have a 4th of July parade in which two officers who served in the Middle East will be Grand Marshalls. ➢ Nixie Service: At the last meeting, he reported that they will have to start paying for the Nixle service. They are working out the issues of competitive bids. ➢ HSLEOA Conference: The theme will be about the I Generation, and the agenda will be distributed once it is finalized. ➢ Gated Communities: Issues will be put in writing and forwarded to the Police Department. ➢ Portable Radios: A Councilperson in South Kona put out a resolution for more police portable radios. The Department of Homeland Security purchased 60 radios for them, and they have a sufficient number of radios. The problem is that the radios have to be brought back in to have the batteries refreshed. They told the councilperson that they do appreciate her concern for officer safety. The radios were tied to the budget process. EXECUTIVE SESSION Commissioner Sumja moved to meet in executive session to consider discipline and charges against officers or employees of the Hawaii 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 Hawaii County Charter Section 13 -20 (b). Commissioner Ono seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes June 24, 2011 Page 5 Executive session convened at 10:30 a.m. Regular session reconvened at 2:30 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation and Deliberation of Complaints: • HPC 11 -09: Complainant alleged that an officer wrongly issued her an Abuse of a Family Member Warning Citation, and that the sergeant lacked action. Commissioner Ono moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pe`a- Ferrari seconded, and it carried unanimously. • HPC 11 -10: Complainant alleged that an officer talked to her in an uncooperative and unprofessional manner. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ignacio seconded, and it carried unanimously. • HPC 11 -12: Complainant alleged that an officer harassed him, and that the officer's one -page report was false and not impartial. Commissioner Ignacio moved to refer the complaint for an investigation by Internal Affairs. Commissioner Sumja seconded, and it carried unanimously. • HPC 11 -13: Complainant alleged that he was a witness in a case but was unable to share the information with the officer. Commissioner Kualii moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pe`a- Ferrari seconded, and it carried unanimously. • HPC 11 -14: Complainant alleged that the officers harassed, lied, and intimidated him. Commissioner Sumja moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Kualii seconded, and it carried unanimously. • HPC 11 -16: Complainant alleged that when officers escorted county officials to Kawaa, Ka'u, it was an attempt to overwhelm and intimidate people there. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Kualii seconded, and it carried unanimously. HPC 11 -17: Complainant alleged that an officer felt the incident was his fault because he didn't pay his mortgage and refused to investigate. Commissioner Ono moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ignacio seconded, and it carried unanimously. HPC 11 -18: Complainant alleged that the police report was false, and that the officer did not have an impartial attitude. Commissioner Pe`a- Ferrari moved that there was Hawaii Police Commission Regular Session Minutes June 24, 2011 Page 6 insufficient evidence to prove the complainant's allegations. Commissioner Ono seconded, and it carried unanimously. • HPC 11 -19: Complainant complained about being arrested when he refused to allow the Fire Department onto his property to extinguish a brush fire. Commissioner Ignacio moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. ANNOUNCEMENTS • Vice Chair Victorine announced that the Police Commission will hold a special meeting on Thursday, June 30, 2011, at 10 o'clock a.m., in the Puna Conference Room in the Hawaii County Building, to continue discussion on the need for current and new committees. • Vice Chair Victorine announced that the Police Commission's next monthly meeting will be on Wednesday, July 13, 2011, at the West Hawaii Civic Center, Building G Conference Room, 74 -5044 Ane Keohokalole Highway, Kailua -Kona. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 3:12 p.m. SUBMITTED: 6adce 2 --w Josie Pelayo, Secretary APPROVED: Zewo� (l Vlc towiffe Leroy J. Victorine, Vice Chair