HomeMy WebLinkAbout2013-04-19 Police Commission Minutes
HAWAI‘I POLICE COMMISSION
REGULAR SESSION MINUTES
APRIL 19, 2013
WEST HAWAI‘I CIVIC CENTER
BUILDING G CONFERENCE ROOM
CALL TO ORDER
Chair Leroy Victorine called the meeting to order at 10:09 a.m.
ROLL CALL
Present: Leroy J. Victorine, Chair
Carol R. Ignacio, Vice Chair
John M. Bertsch, Commissioner
Keith T. Morioka, Commissioner
Guy K. Schutte, Commissioner
Also Present: Harry S. Kubojiri, Police Chief
Randy Apele, Major
Mitchell Kanehailua, Major
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. Commissioner Morioka
seconded the motion, and it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
– None
APPROVAL OF MINUTES
Vice Chair Ignacio moved to approve the minutes of March 15, 2013, regular and
executive sessions. Commissioner Schutte seconded the motion, and it carried
unanimously.
ACCEPTANCE/ACTION ON COMMUNICATIONS
Correspondence No. 2013-05:
Invitation to the 2013 Police Week Ceremonies.
Ceremonies will be held at the Police Headquarters in Hilo on May 13, at 10:00 a.m.
and at the Kealakehe Police Station on May 14 at 10:00 a.m. – No action, just
announcement by the Chair.
POLICE CHIEF’S REPORT ON DEPARTMENTAL ACTIVITIES
Including, but not limited to:
Crime report by area, category, and trends:
Major Randy Apele summarized the
written report. He stated that up to March 31, 2013, they were 6,373 serious crimes.
Of those serious crimes, the Area I and Area II Criminal Investigation Units
investigated 1,464 of those cases – 883 by Area I and 581 by Area II. In the month
Hawaii Police Commission
‘
Regular Session Minutes
April 19, 2013
Page 2
of March, the department received 7,774 calls for service. Of these 2,213 were for
criminal and traffic offenses and 5,561 were for miscellaneous public assistance.
They had some burglary trends in the Hilo District in the Waiakea Uka and
Pepe’ekeo areas. Those have been addressed by their enforcement and
investigative units, resulting in arrests, closures, and referrals to the Prosecutor.
Since then, those trends have subsided. In the Puna District, they had a small
burglary trend in the Volcano area – about 8 burglaries. They are still working on
those investigations. One suspect was arrested on some other offenses, and that
trend has subsided. A small number of persons are responsible for the majority of
these problems. Kona had increased complaints of liquor and park hour violations in
Kailua town. The community policing officers are addressing these complaints along
with patrol and plain clothes units.
Traffic report by area, category, and trends:
Major Mitchell Kanehailua
summarized the written report. He stated that for the month of March, 3,871
citations were issued – 2,586 moving/regulatory, 348 seatbelt, 48 child restraint, and
889 for speeding. For traffic trends, there were 35 major traffic accidents. Causes
and locations were consistent, and they will continue with traffic enforcement.
Personnel report on vacancies, recruitment, training, promotions,
reallocations, severance from service, and work assignments:
Major Samuel
Thomas reported that 20 recruits are going through FTO (Field Officer Training) in
various districts. On July 16, they are targeted to go out as solo officers. They also
have a partial class of 5 officers, 4 of which were transferred from other police
departments from within the State of Hawai‘i, and one was a rehire. They are in an
accelerated training program which should be completed at the end of May. They
will go through FTO training for about a month. On July 1, they are expected to be
assigned to individual districts. By the end of July, they are looking at having an
additional 25 officers fully training and out in the community
Finance report of budget and expenditures:
Major Samuel Thomas summarized
the written report. He stated that ending March, their targeted expenditure for
salaries and wages was 79.2%. They actually expended 75.7%. The difference is
due to vacancies. The targeted expenditure for the month ending February was
66.6%. Discounting grants, they expended and encumbered 67.5%. It should be
noted that some contracts are encumbered for the entire year, meaning that some
expenses have been paid for the rest of the year. With grants, expenditure was at
60.9% of the overall budget.
Commendations of sworn and civilian employees:
Chief Kubojiri reported
receiving 8 commendations involving 32 personnel since the last commission
meeting.
Hawaii Police Commission
‘
Regular Session Minutes
April 19, 2013
Page 3
Chief Kubojiri reported further on the budget. He stated that they went before the
County Council to present their 2013-14 budget. In their supplementary budget, they
requested an increase in personnel. They gave a Power Point presentation illustrating
the calls for service that show the drastic increase over the last several years and
personnel being maintained pretty much the same. This translates to delay in
responding to the increased calls for service. It has gotten to the point where patrol
officers are reactive as opposed to proactive. They asked for an increase in personnel
for Ka’u. They want to have the Hawaiian Ocean View area covered with at least two
officers per shift.
They received six additional positions from the COPS grant. They reallocated vacant
county positions upwards. They now will have a lieutenant in the North Hilo District, a
sergeant for the Traffic Enforcement Unit in West Hawai‘i, and another supervisory
position for North Kohala. They anticipate three captain’s vacancies which includes
Captain Kawamoto’s position. They are in the process of filling all the positions.
Commissioner Bertsch stated that in the Crime Report, he noticed the trending from last
year to this year. There is a 15% increase in burglary and at least 10% increase in theft
island-wide with the same staffing. He asked if they are able to bolster up the
investigation division in order to follow-through and clear the crimes. Chief Kubojiri
stated that they are asking for additional detectives for both sides.
Commissioner Bertsch asked the Chief if he noticed a higher rate of complaints both
internally and externally as the officers become overworked. Chief Kubojiri stated that
they started monitoring complaints through new computer software. They have seen a
decline in rudeness. They see spikes here and there but no direct correlation.
Chief Kubojiri stated that besides uniform officers, they also asked for civilian positions.
The Evidence Technicians in Hilo respond to major crimes scenes for the entire island.
They do diagramming and collection of evidence and help free up the detectives to do
police work. These technicians are overworked, and they are asking for a position in
West Hawai‘i.
Vice Chair Ignacio stated that three people complained to her about roadway
construction. There have been sites where construction has been completed for
months, but the reduced speed limit signs are still up. The perception for people is that
the police are using this to ticket people. She asked if they could influence the State to
do a better job of removing the reduced speed limit signs because the police
department gets the rap for this. Chief Kubojiri stated that since they discussed this
issue previously, they have asked personnel to make calls when the construction sites
are over. He hasn’t seen an increase in citations for those areas with lowered speed
limits. He acknowledged the public’s perception.
Hawaii Police Commission
‘
Regular Session Minutes
April 19, 2013
Page 4
Vice Chair Ignacio stated that she recently found out that Driver’s License is no longer
under the Police Department, although the office is still located in the police station.
She recently renewed her driver’s license, and she was in line for two hours and fifteen
minutes. Chief Kubojiri stated that the Mayor has been trying for awhile and looking into
going online to do government business instead of standing in line. Chair Victorine
stated that the problems that Vice Chair Ignacio brought up are not within the Police
Department’s jurisdiction.
EXECUTIVE SESSION
Commissioner Schutte 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, 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). Vice Chair Ignacio seconded the motion, and it carried
unanimously. Executive session convened at 9:30 a.m.
Regular session reconvened at 11:25 a.m.
ACTION BY THE COMMISSION
Request for reconsideration of Complaint HPC 12-49.
Complainant alleged that
the officers’ attempt to locate him during an investigation was harassment. He
requested a reconsideration so that he could make a presentation to the
commission. The complainant did not attend the meeting. There was no motion to
reconsider the complaint. The commission’s previous decision that there was
insufficient evidence of misconduct stands.
Investigation and Deliberation of Complaints
HPC 12-47: Complainant alleged that when officers executed a writ of
possession and ejection, they caused her bodily injury and emotional distress.
She also complained about her treatment following her arrest. Vice Chair Ignacio
moved to continue the complaint to the next meeting. Commissioner Schutte
seconded the motion, and it carried unanimously.
HPC 13-09: Complainant’s son was involved in a traffic accident. She alleged
that the officer should not have considered it a minor traffic collision and wants it
changed. She also alleged that she and her son were not allowed to press
charges, and that the other party was only given traffic tickets. Vice Chair
Ignacio moved that there was sufficient evidence of misconduct. Commissioner
Bertsch seconded the motion, and it carried unanimously. Commissioner
Bertsch stated that the misconduct is regarding Standard of Conduct and
Performance of Duty.
Hawaii Police Commission
‘
Regular Session Minutes
April 19, 2013
Page 5
HPC 13-11A and 11B: Complainant alleged that two police officers trespassed
onto his private property and used a conducted electrical weapon (Taser) on him.
Commissioner Schutte moved that there was insufficient evidence to prove the
complainant’s allegations. Commissioner Morioka seconded the motion. A “nay”
vote was called by Commissioner Bertsch, and the motion died without a quorum
vote.
Commissioner Bertsch moved to refer the complaint to the Chief for an
investigation by the Office of Professional Standards. Vice Chair Ignacio
seconded the motion. A “nay” vote was called by Commissioner Schutte, and
the motion died without a quorum vote.
Corporation Council Ashida stated that without another motion, this complaint
would be placed on the next meeting’s agenda.
EXECUTIVE SESSION
Commissioner Bertsch stated that he would like to go back into executive session to
discuss Complaint HPC 13-11A and B further. Commissioner Bertsch 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,
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). Vice Chair Ignacio
seconded the motion, and it carried unanimously.
Executive session convened at 11:30 a.m.
Regular session reconvened at 11:44 a.m.
ACTION BY THE COMMISSION
Investigation and Deliberation of Complaints
HPC 13-11A and 13-11B: Chair Victorine moved that there was insufficient
evidence to prove the complainant’s allegations. Commissioner Schutte
seconded the motion, and it carried unanimously.
HPC 13-14: Complainant alleged that when she spoke to an officer about an
accident, he gave her attitude. Commissioner Morioka moved that there was
insufficient evidence to prove the complainant’s allegations. Commissioner
Schutte seconded the motion, and it carried unanimously.
(Vice Chair Ignacio exited the meeting.)
Hawaii Police Commission
‘
Regular Session Minutes
April 19, 2013
Page 6
ANNOUNCEMENTS
Ms. Pelayo announced that the Police Commission’s next monthly meeting would be
on May 17, 2013, 9:00 a.m., in the Waimea Civic Center Conference Room, 67-5189
Kamamalu St., Kamuela, Hawai‘i.
Collection of files and documents. – Done.
ADJOURNMENT
The meeting was adjourned at 11:48 p.m.
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APRPOVED BY: LEROY J. VICTORINCE CHAIR