HomeMy WebLinkAbout2012-02-17 Police Commission Minutes
HAWAI‘I POLICE COMMISSION
REGULAR SESSION MINUTES
FEBRUARY 17, 2012
WAIMEA COMMUNITY CENTER
CALL TO ORDER
Chair Kenneth Ono called the meeting to order at 9:10 a.m.
ROLL CALL
Present: Kenneth T. Ono, Chair
Carol R. Ignacio, Vice Chair
Michelle L. Kualii, Commissioner
T. Ka‘ili Pe‘a-Ferrari, Commissioner
Michael B. Sumja, Commissioner
Leroy J. Victorine, Commissioner
Excused: Paul W. Horner, Commissioner
Jessanie L. Marques, Commissioner
Donn S. Mende, Commissioner
Also Present: Harry S. Kubojiri, Police Chief
Marshall Kanehailua, Assistant Chief
Paul Kealoha, Assistant Chief
Henry Tavares, Assistant Chief
Samuel Kawamoto, Captain
Lincoln S. T. Ashida, Corporation Counsel
Josie Pelayo, Secretary
Chair Ono stated that Commissioner Sumja’s term as police commissioner has ended, and
this was his last meeting. Sumja gave his thanks and aloha to the commission members and
police department.
Chair Ono introduced Guy Schutte of Council District 9 who would be replacing Commissioner
Sumja.
APPROVAL OF AGENDA
Commissioner Victorine moved to approve the agenda. Commissioner Ignacio seconded, and
it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS – None.
APPROVAL OF MINUTES
Commissioner Victorine moved to approve and file the executive session minutes of
December 15, 2011, and the regular and executive session minutes of January 20, 2012.
Commissioner Sumja seconded, and it carried unanimously.
COMMUNICATIONS
Commissioner Victorine moved to accept and file the Honolulu Police Commission Minutes
of January 4, 2012. Commissioner Sumja seconded, and it carried unanimously.
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Regular Session Minutes
February 17, 2012
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CHIEF’S REPORT ON DEPARTMENT ACTIVITIES
Including:
Crime:
Assistant Chief Tavares briefly summarized the written report.
Traffic:
Assistant Chief Kealoha briefly summarized the written report.
Commissioner Ignacio stated that people have complained to her about construction
speed limit signs not being removed after the road construction is completed, and
police have been issuing citations. They need to work with the road department to take
down the reduced speed limit signs when construction is completed. The police
department is getting a bad rap on this. Assistant Chief Kealoha stated that the road is
still considered under construction until the construction project is approved as
completed. Commissioner Sumja stated that the speed limit has to be adhered to until
the sign is removed.
Personnel
(Including, but not limited to work and training assignments, promotions,
reallocations, severance from service, automobile allowances, and appointments.)
Assistant Chief Kanehailua reported having 20 sworn vacancies. They are in the
recruitment process. One hundred fifty-five applicants passed the agility test and are
being transitioned into the personal history questionnaire. The lieutenant’s exam will
be given in March, and the sergeant’s exam will follow. The County Council accepted
their new six positions from the training pool.
They just finished interviews for the six dispatcher vacancies.Chair Ono stated that
the dispatcher positions are very, very difficult. The commission never has complaints
against dispatchers. AC Kanehailua stated that they are doing realistic job interview for
dispatchers. It’s almost like a “scared straight” interview. Some already said the job
was not for them.
Regarding CALEA, they are at 100% for proofs. Mock assessments are scheduled for
March. They are looking at full accreditation in July. It is a lot of hard work for
everyone. They will wait for CALEA’s review and have them tell them what they need
to do next. The training model is almost complete.
Officers are attending customer service training. It costs approximately $169 each
person, much more than Dr. Alameda’s total cost for the entire department. Chair Ono
stated that at the last meeting Commissioner Horner gave suggestions for trainers,
including him. AC Kanehailua stated that he will follow-up with Commissioner Horner.
Finance:
Assistant Chief Kanehailua stated that they are tracking below their budget.
Their budget for 2012-13 is being reviewed by County Finance. Commissioner Ignacio
thanked them for keeping under budget.AC Kanehailua gave kudos to the
commanders.
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Regular Session Minutes
February 17, 2012
Page 3
Commendations
: Chief Kubojiri expressed his appreciation to Commissioner Sumja
for his support over the years. He welcomed Guy Schutte who will be replacing Sumja
on the commission. They received 12 commendations since the last meeting.
Other Department Activities:
Chief Kubojiri briefed the commission on the recent
brush fire in Kona. Their primary concern was to get the elderly people out of the
housing area with buses. One person complained about the traffic, but it was out of
their control. Regarding the traffic cams, whenever they have emergencies, the traffic
gets backed up, and even more people run the red lights. They all know that area
already has traffic congestion, and the fire made it worse. It was a chaotic mess.
Kudos goes to their Kona crew.
Chief Kubojiri further reported that at a previous County Council Finance Committee
meeting, Councilmember Ford made a resolution to have every officer equipped with a
hand held radio. What concerned HPD is that they didn’t have the funding budgeted
for the radios for this fiscal year, and she wanted to take monies from other
departments to give to police. The $250,000 she is asking for will only purchase just
over 100 radios. While Ms. Ford inferred that police do not have enough portable
radios, there are sufficient radios for the uniformed patrol division. Portable radios are
rotated at the conclusion of each shift. One set is being charged, while one set is being
used by those on duty. Currently, they have to account for the radio by signing in and
out. Ms. Ford wants each officer to be assigned a radio. In constructing a “Take-
Home” portable radio policy, consideration was given to determine whether or not the
officer would be entitled to compensation for taking the portable radio home and
th
charging it, etc. During the Committee meeting on February 14, Ms. Ford said things
that were misleading and not accurate. Additionally, there is a federal mandate to
upgrade public safety communication systems to a narrow band system in January
2013. The portable radios must also be upgraded to be in compliance with the federal
mandate.
In response to questions regarding the take home portable radios, Chief Kubojiri stated
that if the radios are taken home, and it is used, the officer would be “working” and
most likely has to be compensated. The policy needs to be explicitly clear about its
use, and that there will be no compensation for charging the battery at home. They
recently met with the union on this matter and have agreed on the policy governing the
“Take-Home” portable radio. If the radio is lost, misplaced or stolen, their current
technology cannot disable it from the system. Commissioner Ignacio expressed
concern that people in the household would be exposed to information from the radio.
Chief Kubojiri stated that their portable radio policy mirrors their laptop policy. Officers
will not be authorized to turn on or use the portable radio unless they are working or
authorized to do so by their supervisor.
Chief Kubojiri reported that the majority of last year’s traffic fatalities involved drug
and/or alcohol use. The Department of Education is partnered with them to educate
students on the dangers of drinking and driving. They continue to receive grant funding
for DUI check points. The Kona district has a high DUI arrest count. It’s disturbing to
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Regular Session Minutes
February 17, 2012
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see the amount of people who are driving impaired. He read in the paper that the
ignition interlock system for people convicted for DUI is having some success.
Chair Ono stated that there was a very good article in the paper about the marked
police cars. Chief Kubojiri stated that he read a blog that it would be cheaper if they
went to all fleet. Before they went into the fleet program, they had concerns about
maintenance, which is now an issue. The maintenance costs of the marked vehicles
purchased are extremely high and annually cost the taxpayers tens of thousands of
dollars. While the Chief sees value in the marked police car program, there is no study
or publication available that directly correlates police vehicle visibility with crime
reduction. For the law abiding person, it would be a deterrent. To the contrary,
criminals will wait until a marked car passes before committing a crime; thereby
increasing their chance of remaining undetected. They want voluntary compliance for
all traffic infractions that include seat belt usage and driving within speed limits.
Regarding the recent news article about the mentally ill person named Erika from
Honokaa, Chief Kubojiri stated that he got all his information from the newspaper
article. The hospital called the police to take her away from the hospital. The
newspaper headline did an injustice. The statute states that it’s the Department of
Health’s responsibility. The officers were doing a good job in trying to get her home. It
would be unfair for that person to be charged. They get quite a bit of that type of
situations, especially since they are there 24/7/365. It ties up the officers who have to
watch the person.
Chief Kubojiri further stated that during their meeting with the media this past
Wednesday, the issue with that news article was brought up. The media’s response
was that the person who writes the article does not have a say over the headline. The
reporters who were there agreed that the headline was unfair.
COMMITTEE REPORT
Report from the committee formed for the purpose of reviewing the Police
Department’s Vision/Mission Plan:
Chair Ono stated that they have yet to have a
first meeting. He had asked Commissioners Ignacio, Victorine, and Sumja to be on the
committee. However, Corporation Counsel Ashida advised that the Chair (Ono) and
Vice Chair (Ignacio) should not be on the committee together. Corporation Counsel
Ashida stated that they could have someone other than a police commissioner on the
committee, but that person would not have voting privileges. Chair Ono stated that
they want to focus on major areas with a timeline of 2-3 years. He appointed
Commissioners Victorine, Kualii, and Pe‘a-Ferrari to be on the committee along with
himself.
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, to discuss the evaluation of the Police Chief, and
to consult with Corporation Counsel on questions and issues pertaining to the
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Regular Session Minutes
February 17, 2012
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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 Pe‘a-
Ferrari seconded the motion, and it carried unanimously. Executive session convened at
10:38 a.m.
Regular session reconvened at 11:31 a.m.
ACTION ON EXECUTIVE SESSION MATTERS
Investigation and Deliberation of Complaints
HPC 11-37:
Complainant alleged that an officer spoke to him in an unprofessional
manner. Complainant also alleged that the officer called his father and brother to
tell them about the incident, although he is an adult. Commissioner Victorine
moved to decline further investigation because the complaint is speculative or
purely hypothetical and not based on fact. Commissioner Pe‘a-Ferrari seconded,
and it carried unanimously.
HPC 12-09A:
Complainant alleged that officers refused to order fire fighters off his
property and refused to press charges against them. Commissioner Victorine
moved to decline further investigation because the complaint is speculative or
purely hypothetical and not based on facts. Commissioner Sumja seconded the
motion, and it carried unanimously.
HPC 12-09B:
Complainant alleged that officers refused to arrest fire personnel who
assaulted him. He also alleged that by not arresting them, it gave them time to
collaborate their story.Commissioner Ignacio moved that there was insufficient
evidence to prove the complainant’s allegations. Commissioner Victorine
seconded, and it carried unanimously.
ANNOUNCEMENTS
Guy Schutte took the Oath of Office for Police Commissioner.
Chair Ono announced that the Police Commission’s next monthly meeting would be on
March 16, 2012, at 9:00 a.m., in the Puna Conference, Hawai‘i County Building, 25
Aupuni St., Hilo.
Collection of files and documents. – Done.
ADJOURNMENT
The meeting adjourned at 11:40 a.m.
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APPROVED BY: KENNETH T. ONO, CHAIR