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Home My WebLink About2011-12-15 Police Commission Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 15, 2011 HAWAI‘I COUNTY BUILDING, PUNA CONFERENCE ROOM Vice Chair Victorine welcomed new Commissioner Jessanie Marques of District 6. CALL TO ORDER Vice Chair Victorine called the meeting to order at 9:12 a.m. ROLL CALL Present: Leroy J. Victorine, Vice Chair Paul W. Horner, Commissioner Michelle L. Kualii, Commissioner Jessanie Marques, Commissioner Kenneth T. Ono, Commissioner T. Ka‘ili Pe‘a-Ferrari, Commissioner Michael B. Sumja, Commissioner Excused: Donn S. Mende, Chair Carol R. Ignacio, Commissioner Also Present: Harry S. Kubojiri, Police Chief Paul K. Ferreira, Deputy Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief James O’Connor, Major Samuel Kawamoto, Captain Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Sumja moved to approve the agenda. Commissioner Ono seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS MARK MACNETT suggested that a notice to lobbyists by placed on the agenda. APPROVAL OF MINUTES OF NOVEMBER 18, 2011 Commissioner Sumja moved to approve the regular and executive session minutes. Commissioner Pe‘a-Ferrari seconded the motion, and it carried unanimously. COMMUNICATIONS Commissioner Ono moved to accept and file the communications as listed on the agenda. Commissioner Horner seconded the motion, and it carried unanimously. CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Including: Crime: Assistant Chief Tavares briefly summarized the written report. Hawai‘i Police Commission Regular Session Minutes December 15, 2011 Page 2 Traffic: Major O’Connor briefly summarized the written report. At the +commission’s request, the police department put out media releases regarding cell phone use. DUI check points went out during the Thanksgiving holiday. Personnel (Including, but not limited to work and training assignments, promotions, reallocations, severance from service, automobile allowances, and appointments.) Assistant Chief Kanehailua reported having 19 sworn vacancies. They are in the process of doing the lieutenant promotions. It was delayed because they agreed with the union to provide study material and allow three months of study time. They expect three retirements at the end of this year. They have 23 civilian vacancies, a large number of which have been defunded. They have six dispatcher vacancies. They are conducting realistic job interviews to give applicants an opportunity to know what the job entails. Testing for Police Officer I was recently done in Hilo. Another testing is scheduled for Kona on December 17. They are in the final planning stage of the South Kona Police Station. CALEA is in the final monitoring stage before their request for assessment. Finance: Assistant Chief Kanehailua reported that they are below their target expenditure of 39%. They County Council accepted their six grant positions. Commendations: Chief Kubojiri reported receiving four commendations since the last meeting. Other Department Activities: Chief Kubojiri reported that Police Chaplain Harold Teves passed away about two weeks ago. He reported that three lieutenants were recently promoted to captain. Chief Kubojiri reported that every officer in Ka’u and South Kohala have been assigned laptop computers. They expect a second shipment of laptops in the first quarter of next year, and with that, they expect to have 100% deployment. Some areas have poor reception, so they are looking into creating hot spots. NEW BUSINESS Police Commission’s 2012 Meeting Schedule: No changes were made. Selection of Chair and Vice Chair of the Police Commission for 2012: Vice Chair Victorine stated that at the last meeting Commissioner Sumja nominated Ken Ono for Chair and Carol Ignacio for Vice Chair. Vice Chair Victorine nominated Donn Mende for Chair. Commissioner Marques seconded the motion. Commissioner Sumja stated that he nominated Ken Ono as Chair and Carol Ignacio as Vice Chair because they have new ideas and new blood. Discussion: Vice Chair Victorine stated that Donn Mende was unable to attend some of last year’s meetings because of his new job and his wife giving birth. He is unable to attend today’s meeting because it is a special meeting. Kenneth Ono was selected as Chair with the following roll call vote: For Ono: Kualii, Ono, Pe‘a-Ferrari, Sumja, and Marques. For Mende: Victorine. Hawai‘i Police Commission Regular Session Minutes December 15, 2011 Page 3 Carol Ignacio was selected as Vice Chair with a unanimous roll call vote. Recess was called at 9:42 a.m. The meeting reconvened at 9:53 a.m. EXECUTIVE SESSION Commissioner Sumja 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 Kualii seconded the motion, and it carried unanimously. Executive session convened at 9:55 a.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation and Deliberation of Complaints: HPC 11-20: Complainant alleged that while being processed, an officer yelled at him, pushed him with his wrist, and used unnecessary force when fingerprinting him. Commissioner Sumja moved that there was insufficient evidence of misconduct. Commissioner Kualii seconded the notion, and it carried unanimously. HPC 11-27: Complainant alleged that a trespasser allowed police to enter his home without a search warrant. Commissioner Ono moved that there was insufficient evidence of misconduct. Commissioner Horner seconded the motion, and it carried unanimously. HPC 11-28: Complainant alleged that an officer’s police report differed from other officer’s report, and that she was not able to obtain a copy of the entire police report. Commissioner Kualii moved that there was insufficient evidence of misconduct. Commissioner Pe‘a-Ferrari seconded the motion, and it carried unanimously. HPC 11-29: Complainant alleged that police failed to protect his brother and that the police will not disclose their records. Commissioner Pe‘a-Ferrari moved that there was insufficient evidence of misconduct. Commissioner Ono seconded the motion, and it carried unanimously. HPC 11-32: Complainant alleged that an officer assaulted him and another officer assisted. He also alleged that an officer damaged his cell phone. He also alleged that other officers conspired to cover-up their conduct. Commissioner Kualii moved that there was insufficient evidence of misconduct. Commissioner Horner seconded the motion, and it carried unanimously. HPC 11-33: Complainant’s wife was involved in a traffic stop. He alleged that an officer was gruff, rude, and crude. Commissioner Kualii moved that there was sufficient evidence of misconduct and to refer the complaint to the Chief for an Internal Affairs Hawai‘i Police Commission Regular Session Minutes December 15, 2011 Page 4 investigation. Commissioner Pe‘a-Ferrari seconded the motion, and it carried unanimously. HPC 11-34: Complainant alleged that a vice officer called her from a blocked number and tried to set her up for a bust. Commissioner Horner moved that there was insufficient evidence of misconduct. Commissioner Ono 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 Pe‘a-Ferrari moved to defer the complaint to the next meeting in order to obtain additional information. Commissioner Sumja seconded the motion, and it carried unanimously. HPC 11-36: Complainant alleged that an officer pressured her into signing a waiver of prosecution form. Commissioner Sumja moved that there was insufficient evidence of misconduct. Commissioner Kualii seconded the motion, and it carried unanimously. ANNOUNCEMENTS Vice Chair Victorine announced that the Police Commission will hold a special meeting on Friday, December 16, 2011, at 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, to conduct an annual performance evaluation of Police Chief Harry Kubojiri. Vice Chair Victorine announced that the Police Commission’s next monthly meeting will be on Friday, January 20, 2012, at 9:00 a.m., in the West Hawai‘i Civic Center, Building G Conference Room, Ane Keohokalole Highway, Kailua-Kona. Collection of files and documents: Done. ADJOURNMENT The meeting was adjourned at 4:00 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: LEROY VICTORINE, VICE CHAIR