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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. Hawaii Police Commission ‘ Regular Session Minutes February 17, 2012 Page 2 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. Hawaii Police Commission ‘ 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 Hawaii Police Commission ‘ Regular Session Minutes February 17, 2012 Page 4 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 Hawaii Police Commission ‘ Regular Session Minutes February 17, 2012 Page 5 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