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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 Hawai‘i Police Commission 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. Hawai‘i Police Commission Regular Session Minutes August 23, 2013 Page 3 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 Hawai‘i Police Commission Regular Session Minutes August 23, 2013 Page 4 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 Hawai‘i Police Commission Regular Session Minutes 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