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HomeMy WebLinkAbout2013-03-15 Police Commission Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES MARCH 15, 2013 AUPUNI CENTER CONFERENCE ROOM HILO, HAWAI‘I CALL TO ORDER Chair Victorine called the meeting to order at 9:11 a.m. ROLL CALL All present: Leroy J. Victorine, Chair Carol R. Ignacio, Vice Chair Michelle L. Kualii, Commissioner Donn S. Mende, Commissioner Kenneth T. Ono, Commissioner T. KaÒili PeÒa-Ferrari, Commissioner Guy K. Schutte, Commissioner A quorum was present. Also present: Harry Kubojiri, Police Chief Paul Ferreira, Deputy Chief Paul Kealoha, Assistant Chief Henry Tavares, Assistant Chief Samuel Thomas, Major Samuel Kawamoto, Captain Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Schutte moved to approve the agenda. Vice Chair Ignacio seconded the motion, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS TIMOTHY SNEDKER (Complaint HPC 12-48): Mr. Snedeker was given the opportunity to give a statement on his complaint rather than waiting until 12:30 p.m. because he had his children with him. He stated that the suspect violated a TRO. When the officer came to his house he refused to make a report. He said the officer who took the initial report had to make the report. ItÓs his job to take the report. DWIGHT VICENTE (Correspondence 2013-03, request for reconsideration of Complaint HPC 12-41): He stated that he represents the Hawaiian Kingdom. The laws that apply are the laws of the Hawaiian Kingdom, not the United States. The constitution does not provide for gun control. The Hawaiian Kingdom does not provide for gun control. He was injured in work. Work comp sent him to a psychiatrist. The police department is using that against him. They shouldnÓt get a permit to acquire. Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 2 APPROVAL OF MINUTES Vice Chair Ignacio moved to approve the minutes of December 21, 2012, 9:00 a.m. and 12:30 p.m., regular and executive sessions. Commissioner Mende seconded the motion, and it carried unanimously. POLICE CHIEF’S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: Crime report by area, category, and trends: Assistant Chief Tavares reported that the Hilo burglary rates increased slightly. They identified a group of suspects and are looking into these investigations. There were no crime trends in Hmkua. Burglaries increased slightly in Puna, and they have been in contact with the community associations to address this trend. South Kohala and KaÓu had no crime trends. The Kailua-Kona area had an increase in liquor violations. Their crime foot patrol is very well accepted by merchants. Traffic report by area, category, and trends: Assistant Chief Kealoha reported that there are no specific traffic trends in any of the districts. They continue to monitor high traffic areas. South Kohala has had noise complaints about the lumber trucks running 24 hours a day. The trucks are equipped with required J make noises. They canÓt do much about it. It will be resolved when the boat comes in to pick up the logs. Personnel report on vacancies, recruitment, training, promotions, reallocations, severance from service, and work assignments. Major Thomas reported that recruit graduation was on March 6. On the job training will start on March 16 until July 15. st On April 1 they will have five new sworn hires. One will be a rehire. Four will be intergovernmental movements, one from Kauai, and three from Oahu. They all have to start as recruits. The transfers will retain their years of service towards retirement. Finance report of budget and expenditures. Major Thomas briefly summarized the written report. Through February 28, 2013, the targeted expenditures were 70.8%. The department expended 67.7% of all salaries and wages. Commendations of sworn and civilian employees: Chief Kubojiri reported receiving 24 commendations since the last meeting involving 66 personnel. Vice Chair Ignacio commended Captain Miyamoto and a dispatcher for their assistance when she called about a person wandering around Paauilo Mauka. NEW BUSINESS Correspondence 2013-01: Request for representation by Corporation Counsel for Officers Jason Hamada, Aron Tomota, Gregg Karonis, Mike Thompson, and Cory Gray in Civil No. CV12 004880ACKRLP. Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 3 Correspondence 2013-02: Request for representation by Corporation Counsel for ) Officers Jason Kerr and Sandor Finkey in Civil No. CV12-1-0541. Correspondence 2013-03: Dwight Vicente requests reconsideration of the commissionÓs decision that there was insufficient evidence of misconduct in Complaint HPC 12-41. Correspondence 2013-04: Request for representation by Corporation Counsel for ) Officer Keith Nacis in Civil No. 13-1-0032. Commissioner Mende moved to accept and file the correspondence. Commissioner Ono seconded the motion, and it carried unanimously. Election of Vice Chair of the Police Commission for 2013 due to Paul Horner from the Police Commission. Commissioner Mende moved to nominate Commissioner Ignacio as Vice Chair. Commissioner Kualii seconded the motion, and it carried unanimously. Recess was called at 9:45 a.m. The meeting reconvened at 10:00 a.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS LT. BURT SHIMABUKURO (Complaint HPC 12-50) came before the commission to answer questions regarding marijuana eradication and use of helicopters. He stated that the State is in charge of the overall operation of the helicopters. Officers should identify themselves. During eradication missions, they assist State personnel. If it is a standard eradication mission, they are only directed to take plants. The procedure is according to State Narcotics. If they have more than 7 plants on their property, that is a violation, and they take everything. For eradication missions, they donÓt give a receipt for taking plants that are over the limit. Chief Kubojiri stated that if they execute a search warrant, they do a plant count, and it is reflected on their evidence and property receipt. If it is eradication, they will have a count by area. The State Narcotics Enforcement Division runs the eradication missions, and they are tasked with issuing the medical marijuana permits. They verify that a person has a permit. If it exceeds the limit, and the individual wants to make a complaint, it is with the State Narcotics. The police only assist the State Narcotics Enforcement Division. In interpreting the statute, they made a policy decision that if they exceed the number of allowed plants, they take everything. conditions when they obtain the permit. The State Narcotics Division does permit verifications prior to the eradication mission. The location is on the permit. State Narcotics personnel have to be there to do the verifications. Lieutenant Shimbukura stated that they can have multiple permits for multiple people on the property. Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 4 MOSES INOKA HEANU (Complaint HPC 12-47) came before the commission as a witness in the complaint. He stated that when Kittrena was handcuffed, she wasnÓt struggling. (Much of his statement was unintelligible.) Chair Victorine told Mr. Heanu that when a person is arrested, procedures are that they are handcuffed for safety reasons. ABLE SIMEONA LUI (Complaint HPC 12-47) came before the commission to speak about the complaint. They want to see what they have against them. He was removed from the land. He showed photos of how the place used to be and where his belongings are now. The police report is wrong. When they took her from Kawa, they took her through the old Kamoa Road instead of going through the regular highway. The police department does not have authority to put up the fence and the gate. He wants to question the lady who claimed Kittrena scratched her. The four makais that picked her up were big men. EXECUTIVE SESSION Commissioner Schutte moved to meet in executive session to consider discipline and charges against officers or employees of the HawaiÒi Police Department, to consider sensitive matters relating to public safety, to review the Police ChiefÓs annual performance evaluation, and to consult with Corporation Counsel issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a) (2) (4) (6) and the HawaiÒi County Charter Section 13-20 (b). Commissioner PeÒa-Ferrari seconded the motion, and it carried unanimously. Executive session convened at 10:35 a.m. Open session reconvened at 3:38 p.m. INVESTIGATION AND DELIBERATION OF COMPLAINTS RONALD ALLISION (Complaints HPC 12-42, 12-43, 12-44) came before the commission. He stated that he was dragged an eight of a mile (by his sonÓs grandmother). He is working with the Department of Justice. They should verify summons. It was nothing more than a summons to appear. The off judgment on July 3. There is no record of his phone call with O cannot discuss anything on Kauai. Having to sit next to officers outside is very disrespectful. He will take this to Oahu and Washington DC to pursue criminal charges. He will not go into their misconduct and attitudes. He wants to ask questions of Lincoln S. T. Ashida. ACTION BY THE COMMISSION Request for representation by Corporation Counsel Correspondence 2013-01 Correspondence 2013-02 Correspondence 2013-04 Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 5 Commissioner Mende moved that the officers in Correspondence 201 and 2013-04 acted with the course and scope of their duties and to approve legal representation by Corporation Counsel. Commissioner KaÒili PeÒa-Ferrari seconded the motion, and it carried unanimously. Correspondence 13-03: Request for reconsideration of Complaint HPC 12-41. No motion made. The commissionÓs decision that there was insufficient evidence of misconduct stands. Investigation and Deliberation of Complaints HPC 12-42: Complainant alleged that officers allowed his sonÓs mother to take him away from him without proper documentation. Commissioner KaÒili PeÒa- Ferrari moved to decline further investigation because the complaint was received more than 90 day from the date of the incident (Police 9). Commissioner Kualii seconded the motion, and it carried una HPC 12-43: Complainant alleged that an officer conspired to cover-up unlawful acts of other officers. Commissioner KaÒili PeÒa-Ferrari moved to decline further investigation because the complaint was received more than 90 da date of the incident (Police Commission Rule 9). Commissioner Kualii seconded the motion, and it carried unanimously. HPC 12-44: Complainant alleged that an officer denied him the ability to request a report and findings of his complaint against other officers. Mende moved that there was insufficient evidence of misconduct. Commissioner Ono seconded the motion, and it carried unanimously. HPC 12-47: Complainant alleged that when officers executed a writ of possession and ejection, they caused her bodily injury and emotional distress, and an officer taunted and laughed at her. At the complainantÓs request, the complaint was deferred to the next meeting in order for her to attend the meeting. HPC 12-48: Complainant alleged that an officer refused to take his report and did not return his calls. Commissioner Ono moved to refer the complaint to the Police Chief for an investigation by the Officer of Professional Standards. Vice Chair Ignacio seconded the motion, and it carried unanimously. HPC 12-49: Complainant alleged that officers did not identify themselves when trying to locate him in an investigation, and that trying to locate him was harassment. Commissioner Schutte moved that there was insufficient evidence of misconduct. Commissioner Kualii seconded the motion, and it carried unanimously. Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 6 HPC 12-50: Complainant complained about a Green Harvest helicopter flying over her home and the manner in which officers spoke to her father. Commissioner Ono moved to decline further investigation because the complaint was received more than 90 days from the date of the incident (Police Commission Rule 9). Commissioner Kualii seconded the motion, and it carried unanimously. HPC 13-02: Complainant alleged that during his arrest, an officer threw him in the mud. Commissioner Mende moved that there was insufficient evidence of misconduct. Commissioner Pea-Ferrari seconded the motion, and it carried unanimously. HPC 13-03: Complainant alleged that officers are profiling him when they keep stopping him after he drives away from a bar. Commissioner Schutte moved that there was insufficient evidence of misconduct. Commissioner Kualii seconded the motion, and it carried unanimously. HPC 13-04: Complainant alleged that while an officer was investigating her neighbors, he told them about the investigation. Vice Chair Ign accept the complaint beyond 90 days. Commissioner Ono seconded the motion, and it carried unanimously. Commissioner Ono moved that there was insufficient evidence of misconduct. Vice Chair Ignacio seconded the motion, and it carried unanimously. HPC 13-05: Complainant alleged that when an officer responded to her home, he was arrogant and rude. Commissioner Pea-Ferrari moved that there was insufficient evidence of misconduct. Vice Chair Ignacio seconded the motion, and it carried unanimously. HPC 13-06: Complainant alleged that responding officers yelled at her, would not talk to the suspect, and refused to examine her evidence. Commissioner Kaili moved that there was insufficient evidence of misconduct. Vice Chair Ignacio seconded the motion, and it carried unanimously. HPC 13-07: Complainant was arrested on a bench warrant for failure to appear. He alleged that he was arrested for making complaints. Commissioner Schutte moved that there was insufficient evidence of misconduct. Commissioner Kualii seconded the motion, and it carried unanimously. HPC 13-08: Complainant alleged police brutality during his arrest. Commissioner Mende moved that there was insufficient evidence of misconduct. Commissioner Schutte seconded the motion, and it carried unanimo Hawai‘i Police Commission Regular Session Minutes March 15, 2013 Page 7 ANNOUNCEMENTS Chair Victorine announced that the Police CommissionÓs next monthly meeting will be on April 19, 2013, at 9:00 a.m., in the West HawaiÒi Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, HawaiÒi. Collection of files and documents Î Done. ADJOURNMENT The meeting was adjourned at 4:10 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: LEROY J. VICTORINE, CHAIR