HomeMy WebLinkAbout2012-03-16 Police Commission MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES
MARCH 16, 2012
PUNA CONFERENCE ROOM
HAWAII COUNTY BUILDING, HILO, HAWAII
CALL TO ORDER
Chair Ono called the meeting to order at 9:02 a.m.
ROLL CALL
Present: Kenneth
Paul W.
T. Ono, Chair
Horner, Commissioner
Michelle L. Kualii, Commissioner
Jessanie L. Marques, Commissioner
T. Ka`ili Pe`a- Ferrari, Commissioner
Guy K. Schutte, Commissioner
Leroy J. Victorine, Commissioner
Excused: Carol R. Ignacio, Vice Chair
Donn S. Mende, Commissioner
A quorum was present.
Also Present: Paul Ferreira, Deputy Police Chief
Marshall Kanehailua, Assistant Chief
Paul Kealoha, Assistant Chief
Henry Tavares, Assistant Chief
John Briski, Detective
Lincoln S. T. Ashida, Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Pe`a- Ferrari moved to approve the agenda. Commissioner Horner
seconded the motion, and it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None.
APPROVAL OF MINUTES
February 17, 2012, regular and executive session minutes. Commissioner
Victorine moved to approve the minutes. Commissioner Marques seconded the
motion, and it carried unanimously.
COMMUNICATIONS
• Correspondence 2012 -02. Invitation to the 2012 State of Hawaii Police
Commissioners' Conference May 24 -25, 2012, hosted by the Maui Police
Commission. Chair Ono encouraged the commissioners to attend the conference.
He stated that a portion of the conference is dedicated to discussing common
interests among the commissioners.
Hawaii Police Commission
Regular Session Minutes
March 16, 2012
Page 2
POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES
Including:
• Crime: Assistant Chief Henry Tavares stated that, at the Chief's request, in addition
to the crime and traffic report, they will also provide a report on crime and traffic
trends, and what they are doing to address the problem. He briefly summarized the
written report. Up through February 29, 2012, there were 5,188 serious crimes. Of
these, the Criminal Investigation Units investigated 1,410 cases in Areas I and II.
For the month of February, the department received 7,514 calls for service, of which
2,606 were related to crime and /or traffic and 4,908 were for miscellaneous public
assistance.
Regarding crime trends, it takes time for them to review and analyze the statistics,
so the report is about a month behind. In the Hilo District, they found a slight
increase in unauthorized entries into motor vehicles. They did a two -day sting
operation in several higher crime areas, mostly in the downtown area. Officers were
able to obtain a lot of information that, hopefully, will lead them to solving some of
these crimes. Out of the 29 reported burglaries, 6 were in the Waiakea Houselots
area. They have stepped up visibility in that area. Their Burglary Unit continues to
review pawn shops. They heavily look at receipts in trying to look for stolen items
and connect them back to the crime.
In South Kohala, in the Waikoloa area, they had an increase in unauthorized entries
into motor vehicles. They teamed up their patrol officers with community police
officers and worked with the Waikoloa Village Association, reminding homeowners
to secure their vehicles while in their garage or parked outside their house.
In Ka`u, they had three separate thefts of copper. The crime was solved, and the
suspect was located. Officers are working with his probation officer to get a retake
warrant on this individual.
Traffic: Assistant Chief Kealoha briefly summarized the written report. For the
month of February, 4,405 citations were issued for the following violations:
moving /regulatory 2,833, seat belt 332, child restraint 38, and speeding 1,202.
Regarding traffic trends for January vs. March, they had a high amount of rear -end
collisions within the Hilo town area. South Hilo Patrol continues with aggressive
traffic enforcement. High traffic collision areas were identified as Kamehameha
Avenue, Kanoelehua Avenue, Kilauea Avenue, and Komohana Street. They
increased enforcement efforts in the areas identified as intersections with high traffic
accidents.
In South Kohala, they are addressing the community's complaints of speeding in
Waikoloa Village, especially in the Laie Street area. Enforcement has been
increased in targeted areas. He attended a Waikoloa community meeting. It seems
to be working; the residents are slowing down.
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Regular Session Minutes
March 16, 2012
Page 3
Commissioner Marques asked what is being done with regards to child restraint
issues. Assistant Chief Kealoha stated that enforcement is not easy because it is
difficult to detect at high speeds and on highways. Commissioner Marques asked if
they could include in their report, the number of traffic accidents in which child
restraints were not used. AC Kealoha stated that he will direct the request to the
Chief.
Chair Ono stated that it surprises him that so many cars are stolen on this island.
Assistant Chief Tavares stated that in looking at the stats, the first thing that comes
to their minds, is chop shops. However, looking in depth, if they go to a domestic
and someone claims the other person took the car, that's an auto theft. If a child
takes the car without the parent's permission, that's auto theft. A large number of
cases are where someone took the car without permission. There is no indication
that there is an active chop shop or something that is up and rising. Commissioner
Victorine asked if the report could show the number of vehicles recovered. Chair
Ono stated that if their requests are too cumbersome, they could do snap shots
intermittently to see if there is a trend.
Personnel: (Including, but not limited to work and training assignments,
promotions, reallocations, severance from service, automobile allowances, and
appointments.) Assistant Chief Kanehailua reported having 21 sworn vacancies.
They are in the recruitment process. They had 200+ applicants. After the agility test
and personal history questionnaire, they are now down to 107 applicants. The
lieutenant's exam was given. They are waiting for the results and will fill the
vacancies if they are allowed.
They have 20 civilian vacancies, a number of which have been defunded. Six
dispatcher positions were filled, and today was their first day of training. Their
polygraph examiner left in an intergovernmental transfer. They are in the process of
temporarily getting some sworn officers trained for the position. That will help
primarily with the recruit screening processing. It takes awhile to do the polygraph
examination of the recruits. They have a contract person for the position, and have
asked Maui and Honolulu for assistance. Their senior account clerk has put in for
retirement, and they will request to fill the vacancy.
CALEA assessors are flying in this afternoon, and for the next five days will be
assessing them around the island.
• Finance: Assistant Chief Kanehailua stated they are tracking 3% below their target
expenditures. Their budget was submitted to County Council, and they are waiting
for their hearing. Their budget was increased when a council member put in money
for portable handheld radios.
Hawaii Police Commission
Regular Session Minutes
March 16, 2012
Page 4
Deputy Chief Ferreira reported that Chief Kubojiri was unable to attend this meeting
because he was attending a Joint Terrorism Task Force meeting in Honolulu which
involved all the counties and federal agencies.
Commendations: Deputy Chief Ferreira reported that they received 6
commendations involving 34 personnel since the last commission meeting.
Other Department Activities
✓ Child restraints: Deputy Chief Ferreira stated that they have Department of
Transportation grants. The seatbelt enforcement grant that they applied for also
involves a child restraint program. This grant assists new parents with fitting the
child restraint. When they do their seatbelt check points, they also do a lot of
child restraint checks. Commissioner Marques stated that a big problem with
enforcement in rural communities is the small number of police officers. Deputy
Chief Ferreira stated that in areas, such as Ka'u, if they see violations, they could
bring it to the attention of the commander. Each district has an allotment of
overtime funds from the grant that they can use to schedule officers on an
overtime basis, special projects, or to bring in the Traffic Enforcement Unit which
has island -wide jurisdiction. Commissioner Victorine stated that if they see a
violation, they could take the license plate number and make a report. At the
very least, the owner of the vehicle would receive a letter from the department
regarding the violation. Commissioner Marques stated that oftentimes when
children are dropped off at Pahala Elementary School, they do not wear
seatbelts. Chair Ono stated that it would be good to first issue warnings and say
that the next time they would get a ticket.
✓ Budget: Deputy Chief Ferreira reported that they are having their budget hearing
on Thursday, April 12, at 1:30 p.m. in the County Council Room in Hilo.
COMMITTEE REPORT
• Committee formed for the purpose of reviewing the Police Department's
Vision /Mission Plan. Chair Ono reported that the committee met on March 1 st.
The members felt there were topics with sufficient interest for the entire commission.
So, they decided to discontinue the committee and agendize specific topics of
interest for discussion during the commission's meetings.
Chair Ono stated that at the next Kona meeting, there will be a Power Point
presentation on the "Open Public Firing Range." Discussion will take about 45
minutes.
NEW BUSINESS
• Correspondence 2012 -02. Invitation to the 2012 State of Hawaii Police
Commissioners' Conference May 24 -25, 2012, hosted by the Maui Police
Commission. This was discussed during communications.
Hawaii Police Commission
Regular Session Minutes
March 16, 2012
Page 5
EXECUTIVE SESSION
Commissioner Victorine 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) (6) and the Hawaii County
Charter Section 13 -20 (b). Commissioner Pe`a- Ferrari seconded the motion, and it
carried unanimously. Executive session convened at 9:45 a.m.
Regular session reconvened at 11:48 a.m.
STATEMENT FROM THE PUBLIC
DWIGHT VICENTE came before the commission. He stated that he was representing
the Hawaiian Kingdom. He stated that having a Police Commission under the Hawaii
Revised Statutes is a violation of the U.S. Constitution, and to create a military police
force is another violation. The U.S. courts do not have jurisdiction over the Kingdom.
He gave notice to the commissioners that the Police Commission is unlawful under the
U.S. Constitution. He further stated that they are imposing illegal gun control. The state
cannot arm anybody.
Chair Ono told Mr. Vicente that it was clear there were people who shared his opinion
and people who did not share it. He respects people for their opinion and thanked Mr.
Vicente for his opinion.
EXECUTIVE SESSION
Commissioner Marques moved to meet in executive session again 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) (6) and the Hawaii
County Charter Section 13 -20 (b). Commissioner Pe`a- Ferrari seconded the motion,
and it carried unanimously. Executive session convened at 12:02 p.m.
Regular session reconvened at 12:16 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
• HPC 11 -31: Complainant was involved in a traffic stop and then arrested. He
alleged that an officer denied his request to make a phone call. Commissioner Pe`a -
Ferrari moved that there was insufficient evidence to prove the complainant's
allegations of misconduct. Commissioner Victorine seconded the motion, and it
carried unanimously.
• HPC 11 -38: Complainant was involved in a traffic stop and then arrested. He
alleged mistreatment during and following his arrest. Commissioner Victorine
moved that there was insufficient evidence to prove the complainant's allegations of
Hawaii Police Commission
Regular Session Minutes
March 16, 2012
Page 6
misconduct. Commissioner Pe`a- Ferrari seconded the motion, and it carried
unanimously.
HPC 11 -39: Complainant alleged numerous illegal activities taking place around the
island. He also alleged that an officer arrested him for false reporting.
Commissioner Pe`a- Ferrari moved to defer the complaint to the next meeting in
order to obtain additional information. Commissioner Horner seconded the motion,
and it carried unanimously.
HPC 11 -40: Complainant alleged that an officer spoke to her in an unprofessional
manner. Commissioner Victorine moved to defer the complaint to the next meeting
in order to give the officer another opportunity to respond to the complaint.
Commissioner Horner seconded the motion, and it carried unanimously.
• HPC 12 -03: Complainant alleged that an officer should not have advised him to give
squatters 45 -days notice to move out of his house. Commissioner Kualii moved that
there was insufficient evidence to prove the complainant's allegation of misconduct.
Commissioner Marques seconded the motion, and it carried unanimously.
ANNOUNCEMENTS
• Chair Ono announced that the Police Commission's next monthly meeting would be
on April 20, 2012, at 9:00 a.m., at the West Hawaii Civic Center, Building G
Conference Room, 74 -5044 Ane Keohokalole Highway, Kailua -Kona. Ono done
• Collection of files and documents. — Done.
ADJOURNMENT
The meeting was adjourned at 12:25 p.m.
SUBMITTED: JOSIE PELAYO, SECRETARY
APPROVED: KENNETH T. ONO, CHAIR