HomeMy WebLinkAbout2013-08-23 Police Commission Minutes
HAWAI‘I POLICE COMMISSION
REGULAR SESSION MINUTES
AUGUST 23, 2013
WAIMEA CIVIC CENTER CONFERENCE ROOM
CALL TO ORDER
Chair Victorine called the meeting to order at 9:08 a.m.
ROLL CALL
Present: Leroy J. Victorine, Chair
Carol R. Ignacio, Vice Chair
John M. Bertsch, Commissioner
Keith T. Morioka, Commissioner
Kenneth T. Ono, Commissioner
Guy K. Schutte, Commissioner
Excused: Robert G. Gomes, Sr., Commissioner
Ka‘ili Pe‘a-Ferrari, Commissioner
Also Present: Harry S. Kubojiri, Police Chief
Paul K. Ferreira, Deputy Police Chief
Paul Kealoha, Assistant Chief
Marshall Kanehailua, Assistant Chief
Randy Apele, Major
Brian Prudencio, Detective
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
Commissioner Schutte moved to approve the minutes of June 21, 2013, regular and
executive sessions. Commissioner Bertsch 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:
Major Randy Apele reported that in
Area I, Hilo and Puna, they had a lot of auto thefts, a large number of which are
Toyota Tacomas. Its parts over several model years are interchangeable and are in
high demand. They are putting a lot of effort into investigations.In Area II, they had
a slight rise in burglaries in Ka’u. They identified possible suspects in a burglary
crew who came from Puna. In Kona they continue to work on complaints of
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Regular Session Minutes
August 23, 2013
Page 2
homeless and juvenile drinking. They have increased their presence in patrol, foot,
and bicycles.
Traffic report by area, category, and trends:
Assistant Chief Kealoha reported
that the fatality count has gone down for the same time last year. They have not
seen any significant traffic trends. The Traffic Enforcement Unit continues to focus
in high traffic areas. They anticipate an impact in South Kohala due to the new
saddle road and speeding on that road. It will be pretty hard to maintain a 55 mph
speed limit when going down hill. They are considering solar speed signs but are
concerned about equipment safety. They will be patrolling aggressively in the area.
Personnel report on vacancies, recruitment, training, promotions,
reallocations, severance from service, and work assignments:
Assistant Chief
Kanehailua reported that 30 recruits will start this month. This is the largest class in
a long time. Two recruits are intergovernmental movements. They are expected to
graduate in March 2014. Lieutenant promotions were made. They have 18 funded
civilian vacancies. As always, they are having a difficult time filling the school
crossing guard positions.Regarding the Aloha Training, they have gotten memos
from attendees saying how wonderful the training was. The feedback was amazing.
They will schedule more classes and online video.
Finance report of budget and expenditures:
Assistant Chief Kanehailua reported
that they will start next year’s budget process in September.
ommendations of sworn and civilian employees:
C Chief Kubojiri reported
receiving seven commendations involving 37 personnel since the last meeting.
Other departmental activities:
Chief Kubojiri reported that the arbitrated wage
given to SHOPO members is not in the current budget because it was arbitrated
after the budget was approved. Human Resources wants them to postpone the
recruitment testing to the next fiscal year. He doesn’t want to do that because the
screening process is very long, and that is only the first test. Human Resources
does all testing for county employees, and the police department does not want to
do its own testing. The police department’s Criminal Investigation Unit (CIU) does
the background checks. They also do background checks for the state and the
judiciary. This year they got ten new sworn positions, five in Puna and five in Ka’u.
Vice Chair Ignacio stated that she likes having HR do the testing. In the past,
people thought the promotions were not done honorably by the police department.
Perception becomes people’s reality.
Chief Kubojiri stated that when the list of eligible applicants comes to the police
department, that list goes directly to the Chief of Administration, not to him. The only
time he sees the name is when the person is being recommended for hire.
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August 23, 2013
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Commissioner Morioka stated that he also agrees with their current hiring process.
Chair Victorine stated that that years ago a huge bunch of guys felt the promotional
process was not done properly. Human Resources putting together the qualified list
makes it much better.
Chief Kubojiri reported that they have been bombarded with requests for an active
shooter presentation. Lt. Shopay is doing a very good job making the presentation.
He wants to do an evening community presentation on the east and west sides.
Commissioner Schutte inquired about returning service vehicles back to stock.
Chief Kubojiri stated that this is for subsidized vehicles. This matter has gotten out
of hand. People have been doing such things as lifting their vehicles, putting lights
on their running boards, and painting their rims. As a result, he had to revise the
General Orders. They want to maintain professionalism. A lot of people commented
on it in the community survey. Vehicles are to be brought back to stock by
December 2014. There is a small amount of officers who modified their vehicles, but
they were very noticeable.
Correspondence No. 2013-09,
Police Department’s mid-year status report of goals
for 2013. Commissioner Bertsch moved to accept the correspondence.
Commissioner Schutte seconded the motion, and it carried unanimously.
EXECUTIVE SESSION
Vice Chair 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, 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 Schutte seconded the motion, and it carried
unanimously. Executive session convened at 10:12 a.m.
Regular session reconvened at 10:35
ACTION ON COMPLAINTS
HPC 13-21: Complainant alleged that he was not given $100 for not pressing
charges against a local person.
HPC 13-22: Complainant alleged racism.
HPC 13-23: Complainant alleged racism.
HPC 13-24: Complainant alleged racism.
HPC 13-25: Complainant alleged racism.
Commissioner Bertsch moved to decline further investigation of Complaints HPC 13-
21, HPC 13-22, HPC 13-23, HPC 13-24, and HPC 13-25 because they were not
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August 23, 2013
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received within 90 days of the incident as required by rule. Vice Chair Ignacio
seconded the motion, and it carried unanimously.
EXECUTIVE SESSION
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). Commissioner Schutte seconded the motion, and it carried
unanimously. Executive session convened at 10:38.
Regular session reconvened at 1:59 p.m.
ACTION BY THE COMMISSION
Correspondence No. 2013-08:
Request for representation by Corporation Counsel
for Lieutenant Melvin Yamamoto in CV No. 13-1-0314, Malia Bohol vs. Melvin
Yamamoto, County of Hawai‘i, County of Hawai‘i Police Department, et al. Vice
Chair Ignacio moved to approve the request for legal representation. Commissioner
Schutte seconded the motion, and it carried unanimously.
Correspondence No. 2013-10:
Request for representation by Corporation Counsel
for Sergeant Darryel Tolentino and Officers Keith Nacis and Crystal Kekela in CV
No. 13-1-0472, John Tredre vs. County of Hawai‘i, et al.Vice Chair Ignacio moved
to approve the request for representation by Corporation Counsel. Commissioner
Schutte seconded the motion, and it carried unanimously.
Investigation of Complaints
HPC 13-16: Complainant alleged that officers released her name to the person
who was being investigated by CPS. Vice Chair Ignacio moved to defer the
complaint to the next meeting in order to obtain additional information from the
Police Chief. Commissioner Schutte seconded the motion, and it carried
unanimously.
HPC 13-19: Complainant alleged that an officer’s report was inaccurate.
Commissioner Schutte moved to refer the complaint to the Police Chief for
further investigation. Vice Chair Ignacio seconded the motion, and it carried
unanimously.
HPC 13-27: Complainant alleged that he was abused during his arrest.
Commissioner Schutte moved that there was insufficient evidence to prove the
allegations of misconduct. Commissioner Morioka seconded the motion, and it
carried unanimously.
HPC 13-28: Complainant alleged that an officer initiated a traffic stop without
probable cause, and the report had lies. Commissioner Schutte moved that
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August 23, 2013
Page 5
there was insufficient evidence to prove the allegations of misconduct.
Commissioner Morioka seconded the motion, and it carried unanimously.
HPC 13-29: Complainant was arrested for DUI. He alleged that he was not
guilty and was not released until the next morning. Commissioner Schutte
moved to defer the complaint to the next meeting in order to obtain additional
information from the Police Chief.
HPC 13-38: Complainant complained about what an officer said. Commissioner
Ono moved that there was insufficient evidence to prove the allegation of
misconduct.
HPC 13-39: Complainant alleged racism. Commissioner Schutte moved that
there was insufficient evidence to prove the allegation of misconduct.
Commissioner Ono seconded the motion, and it carried unanimously.
ANNOUNCEMENTS
Chair Victorine announced that the Police Commission’s next monthly meeting will
be on September 20, 2013, at 9:00 a.m., in the Aupuni Center Conference Room,
101 Pauahi St., Hilo, Hawai‘i.
Collection of files and documents – done.
ADJOURNMENT
The meeting was adjourned at 2:15p.m
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APPROVED BY : LEROY J. VICTORINE, CHAIR