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HomeMy WebLinkAbout2012-07-20 Police Commission MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JULY 20, 2012 WEST HAWAII CIVIC CENTER BUILDING G CONFERENCE ROOM CALL TO ORDER Chair Ono called the meeting to order at 9:00 a.m. ROLL CALL Present: Kenneth T. Ono, Chair Carol R. Ignacio, Vice Chair Donn S. Mende, Commissioner Guy K. Schutte, Commissioner Leroy J. Victorine, Commissioner Excused: Paul W. Horner, Commissioner Michelle L. Kualii, Commissioner Jessanie L. Marques, Commissioner T. Ka`ili -Pe`a- Ferrari, Commissioner A quorum was present. Also Present: Harry S. Kubojiri, Police Chief Marshall Kanehailua, Assistant Chief Paul Kealoha, Assistant Chief Alan Kimura, Detective Brian Prudencio, Detective Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Victorine moved to approve the agenda. Commissioner Mende seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS — None. APPROVAL OF MINUTES Commissioner Victorine moved to approve the agenda of June 15, 2012, regular and executive sessions. Vice Chair Ignacio seconded the motion, and it carried unanimously. COMMUNICATIONS Correspondence 2012 -05: Invitation to the annual Hawaii State Law Enforcement Officials Association Conference, hosted by the Honolulu Police Department, September 20 -21, 2012. Chair Ono stated that the conference is scheduled to be on the same day as the Police Commission meeting in September and suggested they change the meeting date. Commissioner Schutte moved to reschedule September's meeting to September 14 in Hilo. Commissioner Mende seconded the motion, and it carried unanimously. Hawaii Police Commission Regular Session Minutes July 20, 2012 Page 2 POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Including, but not limited to: • Crime report by area, category, and trends: Assistant Chief Kealoha gave the crime report. In June there were 8,014 serious crimes, of which 2,092 were investigated by the Area I and Area II Criminal Investigation Units. Hilo had an increase in residential burglaries particularly in the Waiakea Houselots area. The Crime Reduction Unit is looking into the area. They have recovered some stolen property. Puna also had an increase in burglaries. The Puna burglary detail is conducting pawn shop checks. North Kohala had two burglaries at Kohala High School. In response to questions about the burglaries in Hilo, AC Kealoha stated that they have identified suspects but need enough probable cause to bring them in. In response to questions about the fires in the Pahala area, Assistant Chief Kealoha stated that the Fire Department has authority to investigate, but they referred the case to them. The Fire Department has some resources such as an accelerant dog. They received a rash of suspicious fires three or four years ago in the area of the cane haul road mauka of Naalehu. Fires are recurring there again. They have a person of interest who was recently released from prison. • Traffic report by area, category, and trends: Assistant Chief Kealoha reported that in June, 4,240 citations were issued. 2,787 citations were for moving /regulatory, 349 for seatbelt, 38 for child restraint, and 1,066 for speeding. Hilo's increase in traffic accidents is attributed to inattention to driving. Enforcement of the main traffic thorough fares will continue. In Puna, they saw a decrease in traffic accidents. In Ka'u they had two major traffic accidents in the area of the 66 mile post in the Wai'ohinu area. Both occurred when the roadway was wet. This area also has sharp turns. State Highways is aware of the wet roadway hazard. Last week in Kona, in a 48 -hour period, they had a total of four accidents with five fatalities. On Thursday, a truck had a blown tire and struck two vehicles, killing the driver in the second vehicle. Shortly thereafter, there was a second accident on Route 190 involving a motorcyclist. The third accident occurred on Friday evening in Captain Cook when a motorcyclist driving at a high rate of speed attempted to pass a truck as the truck attempted to make a left turn. The motorcyclist and the driver of the truck were killed. They are looking at motorcycle aggressive driving and what can be attributed to the aggressive driving. They are not equipped for motorcycle enforcement. From his personal experience, a motorcycle will always outrun them. Chair Ono stated that motorcyclists think they can easily pass a car and weave in, and that the rules of solid lines do not apply to them. He sees this often. The third fatality in Captain Cook looked like that. All along that roadway is a solid line. The bikes are super fast. Acceleration is unbelievable. It's tempting to zip through, and that's what they do, especially in South Kona where there are limited areas for passing. It's a real problem. Hawaii Police Commission Regular Session Minutes July 20, 2012 Page 3 AC Kealoha stated that the last accident was in North Kohala when a 16 -year old girl struck a bicyclist. Chair Ono asked if the County or State seek their advice when they look at improvements in the road. AC Kealoha stated that they do. They also submit reports of traffic hazards and make recommendations. For the past month, they have been educating the public on the 35 mph speed on Ane Keohokalole Highway (area of West Hawaii Civic Center). Personnel report on vacancies, recruitment, training, promotions, reallocations, severance from service, and work assignments: Assistant Chief Kanehailua reported having 33 sworn vacancies. They continue with the recruitment process. Their training sergeant recently retired. The promotion process for detectives and lieutenants continues. The process for filling civilian vacancies continues. The Commission on Accreditation for Law Enforcement Agencies (CALEA) will be conducting an on -site assessment August 5 -8. A required public hearing will be held on August 7, 2012, from 5:00 -7:00 p.m. in the Puna Conference Room of the Hawaii County Building. A call -in phone line will be available. Finance report of budget and expenditures: AC Kanehailua reported that in closing fiscal year 2011 -12, they were under budget as in the last few years. Staying below budget was due to the good work of each district commander, area operations, and administration in working harder with less. They started their new fiscal year with pretty much a status quo budget. They had a reduction of about $300,000, but then there was an increase for the purchase of portable radios. Chair Ono inquired about funding and long -term plans for maintenance and replacement of county owned marked vehicles. A.C. Kanehailua stated that they have absolutely no funding for replacing the vehicles. Costs for repairs and maintenance continue to climb. They tried to budget to cover those expenses, but could not get enough of what is required. AC Kealoha stated that two vehicles, one in Kona and one in Hilo are no longer in services. Sometimes the cost for repairs is higher than the value of the vehicle. Chair Ono stated that much of the outcry for marked vehicles emanated from Kona. He is looking at the future where the marked cars slowly go out of service. Someone is going to ask why they are not being maintained and the Police Department will be blamed. There are benefits for both marked and unmarked cars. A lot of his friends were 100% for marked cars. As less of the cars are on the road, the issue will be raised again. AC Kanehailua stated that the cars are about four to six years old. They try to run them for two shifts for 16 hours. Chief Kubojiri stated that they had $1 million appropriated annually into their budget for the purchase of marked vehicles. When the economy went bad, the funding was Hawaii Police Commission Regular Session Minutes July 20, 2012 Page 4 removed from the budget. The costs and pros and cons were identified by the committee who did the research on marked vehicles. There were pros and cons for visibility, but they could not show a direct link between visibility and reduction in crime. At the time it made people feel safer to see a marked police vehicle. The vehicles are driven hard like taxies. Chair Ono stated that the public thinks the vehicles are being maintained, but they don't know that there are not enough funds to maintain the vehicles. • Commendations of sworn and civilian employees: Chief Kubojiri reported receiving 16 commendations involving 83 personnel since the last meeting, much of which related to participation in non - profit organizations. The County Council commended ten officers from Kona for their DUI enforcement efforts for the first quarter of this year. Four other officers will receive commendations at another meeting. Other departmental activities including those related to administration and operations: Chief Kubojiri reported that following their regular commander's meeting in Honoka`a, Corporation Counsel Ashida conducted a training session. A community meeting followed. In the Honoka`a area, the community was concerned about noise by ATVS and ranch vehicles on private property. It is mostly on pastureland, and people are using ATVs for racing. The ATVs have little or no muffler system. They are working with community policing officers to resolve this problem. They cannot do anything about ATVs on private property. People were also concerned about speeding from North Hilo to Lakeland and the lack of signage. They were directed to the State Highways Division. On the personnel side, Captain Jelsma, in Puna, will be deploying next month for a year. Lieutenant Reed Mahuna who is assigned to Puna, will be the Acting Captain. Last week Friday, they had a statewide chief and deputy chief's meeting in Hilo. They decided to form a Police Chief's Organization for the State of Hawaii. This organization will discuss issues, support bills in the legislature, and deal with issues that affect all counties. They also discuss grievance issues. Commanders and personnel have worked very hard to bring their stations and districts into compliance with CALEA standards. They had mock exercises. Areas that needed improvement were identified. One was the separation of evidence and another was storage and security by tow companies. The problems have been corrected. They will be requesting additional monies to replace their Taser ECDs, electronic control devices. They can no longer get parts for their current ECDs. They found another cheaper, more efficient, and improved device. The camera system has also been improved. They will be able to trade -in their old ECDs. Each device costs over $1,000. Taser International is the leading company in the United States. At the last meeting, the commission had concerns about safety in the Police Commission's office. Lieutenant Briski and Officer Derr of Community Policing went to Hawaii Police Commission Regular Session Minutes July 20, 2012 Page 5 the commission's office. They made suggestions for fixes, including a video camera system and a cordless phone. They will evaluate the recommendations. Chair Ono stated that they are concerned about the isolation of the commission's office. There is no security officer in the building. They are looking at what can be done now to improve the situation. Recess was called at 10:20 a.m. The meeting reconvened at 10:36 a.m. Detective Alan Kimura from the Office of Professional Standards (OPS) introduced himself. He has been with the office for three years. He stated that Captain Kawamoto was ill, so he and Detective Brian Prudencio would be sitting in for the Captain. Detective Prudencio stated that he started in OPS on June 1. He was in Vice for 8 years. He worked in the Ice Task Force in Kona, but wanted to go back to Hilo, so he took a position investigating sex crimes in Hilo. He was then selected to work in OPS. Corporation Counsel Ashida told the commission that he has worked with both officers for many years, and Chief Kubojiri did a good job in selecting them for the position. EXECUTIVE SESSION Commissioner Schutte moved to meet in executive to consider discipline and charges against officers or employees of the Hawai'i 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 Hawai'i County Charter Section 13 -20 (b). Commissioner Victorine seconded the motion, and it carried unanimously. Executive session convened at 10:40 a.m. Regular session reconvened at 1:55 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence 2012 -04: Request for representation by Corporation Counsel for Police Officer Richard Itliong in Civil No. CV 1:10- 00749- DAE /KSC. Commissioner Victorine moved to concur with Corporation Counsel's advice to provide legal counsel. Vice Chair Ignacio seconded the motion, and it carried unanimously. Complaints ✓ HPC 12 -19: Complainant alleged that an officer submitted a dishonest and defective accident report, and that the officer's behavior was unbecoming of a police officer. Commissioner Victorine moved to refer the complaint to the Chief for an investigation by the Office of Professional Standards. Vice Chair Ignacio seconded the motion, and it carried unanimously. ✓ HPC 12 -21: Complainant was assaulted. She alleged lack of contact and follow -up by the investigating officer. Commissioner Schutte moved to refer the complaint to the Chief for an investigation by the Office of Professional Standards and to send a letter to the Chief about the commission's concerns regarding phone calls and Hawaii Police Commission Regular Session Minutes July 20, 2012 Page 6 forwarding of messages. Vice Chair Ignacio seconded the motion, and it carried unanimously. ✓ HPC 12 -22: Complainant was arrested for DUI. She alleged that there were no female officers at the station, and she felt violated and sexually harassed when male officers asked her to do a urinalysis. Commissioner Schutte moved that there was insufficient evidence to prove the complainant's allegations of misconduct and to send a memo to the Chief regarding the commission's concern about situations such as this. Commissioner Victorine seconded the motion, and it carried unanimously. ✓ HPC 12 -23: Complainant was involved in a traffic stop and subsequently arrested for a bench warrant. She stated that the warrant had been recalled. She alleged that four officers abused and manhandled her. Complainant requested a deferral to another meeting. Commissioner Victorine moved that there was insufficient evidence to prove the complainant's allegations of misconduct and to inform her of the commission's reconsideration process. Commissioner Mende seconded the motion, and it carried unanimously. ✓ HPC 12 -26: Complainant was served a writ of eviction and officers were requested to standby. Complainant complained about the manner in which they were treated during the eviction. Vice Chair Ignacio moved that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded the motion, and it carried unanimously. ANNOUNCEMENTS • Chair Ono announced that the Police Commission's next monthly meeting will be on August 24, 2012, at 9:00 a.m., at the Waimea Community Center, Department of Parks and Recreation, 62 -1260 Kawaihae Road, Kamuela. • Collection of files and documents. — Done. ADJOURNMENT The meeting was adjourned at 2:10 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: KENNETH T. ONO, CHAIR