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HomeMy WebLinkAbout2012-01-20 Police Commission Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES JANUARY 20, 2012 WEST HAWAI‘I CIVIC CENTER CALL TO ORDER Chair Kenneth Ono called the meeting to order at 9:00 a.m. ROLL CALL Present: Kenneth T. Ono, Chair Carol R. Ignacio, Vice Chair Paul W. Horner, Commissioner Donn S. Mende, Commissioner Michael B. Sumja, Commissioner Leroy J. Victorine, Commissioner Excused: Michelle L. Kualii, Commissioner Jessanie L. Marques, Commissioner T. Ka‘ili Pe‘a-Ferrari, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul Kealoha, Assistant Chief Henry Tavares, Assistant Chief Samuel Kawamoto, Captain Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Chair Ono stated that under Approval of Minutes, they need to delete the executive session minutes of December 15, 2011. Commissioner Victorine moved to approve the agenda as amended. Commissioner Horner seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS - None. APPROVAL OF MINUTES Commissioner Victorine moved to approve the minutes of December 15, 2011, regular session. Commissioner Sumja seconded the motion, and it carried unanimously. Commissioner Victorine moved to approve the minutes of December 16, 2011, regular and executive sessions. Commissioner Sumja seconded the motion, and it carried unanimously. COMMUNICATIONS Commissioner Sumja moved to accept and file the communications as listed. Commissioner Victorine seconded the motion, and it carried unanimously. Hawai‘i Police Commission Regular Session Minutes January 20, 2012 Page 2 COMMITTEE REPORT Report from the committee formed for the purpose of reviewing the Police Department’s Vision/Mission Plan. Chair Ono stated that they had a lot of difficulty getting four people at one place at one time, so they decided not to have a meeting. He talked to the committee members and topics of interest were training for officers in customer relations, the South Kona police station, and plans for a new shooting range. Committee members are Commissioners Ignacio, Victorine, Sumja, and himself. Corporation Counsel Ashida suggested that they not have the Chair and Vice Chair of the commission on this committee. He also suggested that they put this item on the next agenda and start from scratch with regards to membership. (Commissioner Ignacio entered at 9:15 a.m.) CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Including: Crime: Assistant Chief Henry Tavares summarized the written report. Commissioner Sumja asked about the spike in sexual assaults. AC Tavares stated that there was no cause for concern. Traffic: Assistant Chief Kealoha summarized the written report. During the December meeting, there was an inquiry about enforcement on impeding traffic and cell phone use. They have addressed both issues and have had media campaign on the use of cell phones. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Chief Kubojiri reported that they have 19 sworn vacancies. Two hundred twenty- nine applicants passed the police officer written exam. The agility test is scheduled for later January. On the average, 10-14% of those who take the written exam become finalists. They could handle 25-30 recruits in a class. It is hard to handle a larger class because they want individualized attention. Chief Kubojiri reported that the lieutenant’s written exam is scheduled for March. They agreed with SHOPO to provide them the title and author of the books that the testing company uses to construct the questions. The sergeant/detective promotion process will start in March. Deputy Chief Ferreira reviews the written exam before it is administered because often times they find questions applicable to mainland states that have laws that we do not have. Chief Kubojiri explained the safeguards in the hiring process. He does not see the names of applicants during the hiring process. He only sees the names when it is time to hire them. They have 23 civilian vacancies, 10 of which have been defunded. Six vacancies are dispatchers. Both of their civilian IT positions have put in for retirement in April of this year. It will be tough to fill the positions because of the government pay scale versus private industry. Hawai‘i Police Commission Regular Session Minutes January 20, 2012 Page 3 Regarding CALEA, they completed 99% of their proofs for standards for accreditation. Staff is shooting for the next month for the mock exercises. The actual accreditation process will be in May or June. Finance: Chief Kubojiri reported that they will meet with County Finance next week to discuss the 2012-13 budget. Commendations: Chief Kubojiri reported receiving five commendations since the last meeting. Other Department Activities: Regarding Commissioner Sumja’s inquiry into spike of sexual assaults, Chief Kubojiri stated that they now have a statute that allows them to store Jane Doe DNA evidence for future use. They have seen a spike in that. Corporation Counsel Ashida stated that the statutes of limitations varies for different sexual assault circumstances. Chief Kubojiri stated that this can be reported anywhere, the police, the hospital. Sexual assault is one of the most heinous crimes where a victim has to relive it with a male officer, then relive it in again in court. It’s very difficult to report and follow through. This is one step towards addressing and reporting it. If someone wants to go through with the process later, they would have the DNA. INVESTIGATION AND DELIBERATON OF COMPLAINTS MITCH MICHINO (Complaint HPC 11-31) came before the commission. He stated that regardless of qualifications, they are bound to hire someone who is not suitable for the job. People are desperate to get a job. As soon as you hire that person, the true nature of that person comes out. Once you hire into the police department, this police officer is protected by the union. In his particular situation, he was picking up sushi for a party. A police officer in an unmarked car caught him. He had taken out his belt to get his wallet to pay for the sushi. The seat belt was hanging. The officer explained the seat belt violation. He was under a lot of stress because of time and asked the officer to let him go. He told the officer he was taking food back for a wedding rehearsal dinner. He went back to his car, took about ten minutes, and so he went out of his car. The officer handed him the citation. He should have just accepted it, but he told the officer he was an asshole. After he told him that, the officer got out of control. He announced he was under arrest. He couldn’t believe it. He thought he was joking. He is a law abiding citizen. He has not had a traffic citation in many years. He looked very serious, so he took back the word “asshole.” The officer jumped in back of him. He fell forward, and the officer thought he was resisting arrest. It was a simple seatbelt violation, and the officer took it to an extreme. He handcuffed him in the back. This was closed to 4:30 in the afternoon. His guests were waiting. He handcuffed both hands tightly and he complained. He was kept handcuffed on a busy street for close to half an hour. Officer Flowers came. He asked both officers if he could call his wife to pickup the food. This was not an ordinary occasion. The pickup car took him to the station about 5:00. The Hawai‘i Police Commission Regular Session Minutes January 20, 2012 Page 4 officer didn’t know what the charges were until he got to the station. Flowers and Lewis were discussing the charges. At the booking room, he was getting cold. He asked for a blanket. He was ignored. He had to ask again, and then was given it. He asked to make a call. His wife’s phone is a cell phone out of California. He tried to call, but the police phone didn’t’ work. He eventually called his neighbor’s phone. Everything was okay, insurance, registration. When the officer was fingerprinting him, he was pressing his fingers hard. After this incident, the following day, he went back to the site. He talked to a guy at the Korean store who told him he was physically abused by this officer. He talked to another man who was abused by this officer. He talked to his neighbor, he was abused by this officer. The officer needs to be removed. This young man at the Korean store was arrested while driving a moped. The officer grabbed him by the neck. The officer reached for his Taser. Commissioner Sumja asked Michino what he contributed to make the situation. Michino stated that he called the officer an asshole. It was within his First Amendment right. If he knew this officer’s temperament, he wouldn’t have said it. It’s part of the job. The officer didn’t clearly tell him to go back to his vehicle. Recess was called at 10:23 a.m.The meeting reconvened 10:28 a.m. EXECUTIVE SESSION Commissioner Victorine 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 discuss the evaluation of the Police Chief, 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) (6) and the Hawai‘i County Charter Section 13-20 (b). Commissioner Sumja seconded the motion, and it carried unanimously. Executive session convened at 10:30 a.m. Regular session reconvened at 12:15 a.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation and Deliberation of Complaints HPC 11-30: Complainant was involved in a traffic stop. He alleged that the officer’s lecture on his parenting skills was verbal abuse, that the officer lied about the requirements for out-of-state offenders, and that the officer threatened to arrest him for child endangerment. Commissioner Victorine moved that there was sufficient evidence of misconduct with regards to “Conduct Towards the Public.” Commissioner Sumja seconded the motion, and it carried unanimously. HPC 11-31: Complainant was involved in a traffic stop. He alleged that the officer arrested him out of retaliation, intentionally squeezed the handcuffs tightly, denied him a phone call, and that he was mistreated at the police station. Commissioner Victorine moved that there was sufficient evidence of misconduct with regards to Hawai‘i Police Commission Regular Session Minutes January 20, 2012 Page 5 “Conduct Towards the Public.” Commissioner Sumja seconded the motion, and it carried unanimously. HPC 11-35: Complainant alleged that his back injury was made worse when he was arrested and taken to jail. Commissioner Ignacio moved that there was insufficient evidence of misconduct. Commissioner Victorine seconded the motion, and it carried unanimously. Correspondence 2012-01 , Request for representation by Corporation Counsel in CV11 00786 KSC, for Police Chief Harry Kubojiri, Captain Randall Medeiros, Lieutenant Reed Mahuna, and Detective Wendell Carter. Commissioner Victorine moved to approve representation. Commissioner Ignacio seconded the motion, and it carried unanimously. ANNOUNCEMENTS Chair Ono announced that the Police Commission’s next monthly meeting will be on February 17, 2012, at 9:00 a.m., at the Department of Parks and Recreation’s Waimea Community Center, 62-1260 Kawaihae Road, Waimea. Collection of files and documents. - Done ADJOURNMENT The meeting was adjourned 12:40 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED: KENNETH T. ONO, CHAIR