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Home My WebLink About2013-09-20 Police Commission Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 20, 2013 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAI‘I CALL TO ORDER Chair Victorine called the meeting to order at 9:05 a.m. ROLL CALL Present: Leroy J. Victorine, Chair Carol R. Ignacio, Vice Chair Robert G. Gomes, Sr., Commissioner Jeffrey T. Gray, Commissioner Keith T. Morioka, Commissioner T. Ka‘ili Pe‘a-Ferrari, Commissioner Guy K. Schutte, Commissioner Excused: John M. Bertsch, Commissioner Kenneth T. Ono, Commissioner A quorum was present. Also Present: Paul Kealoha, Assistant Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Brian Prudencio, Detective Lincoln S. T. Ashida, Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Schutte motioned to approve the agenda. Commissioner Morioka seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS – None. APPROVAL OF MINUTES August 23, 2013, regular and executive sessions: Commissioner Schutte motioned to approve the minutes. Commissioner Morioka seconded, and it carried unanimously. COMMUNICATIONS Correspondence No. 2013-11, letter of commendation from Charles M. Chai, Jr. Correspondence No. 2013-12, request for representation by Corporation Counsel for Sergeant Lorenzo Artienda in SH1-3DTC-13-00064 (consideration in executive session). Commissioner Schutte motioned to accept and file the correspondence. Commissioner Morioka seconded, and it carried unanimously. Hawai‘i Police Commission Regular Session Minutes September 20, 2013 Page 2 (Vice Chair Ignacio arrived at 9:09 a.m.) 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 crime trend in the district of Hilo is still thefts of Toyota Tacomas. The Puna district had a slight trend in thefts in the Kalapana area. Investigations continue. Assistant Chief Kealoha reported that Kona continues to have problems with homelessness. A team of individuals from various county agencies are working to deal with the problem. There were no crime trends in the other districts. Traffic report by area, category, and trends Assistant Chief Tavares reported that the fatality rate has decreased substantially from this same time last year. There were no traffic trends in Hilo. To address community complaints of speeding, a stealth device was installed in Glenwood and then Ookala. The device is for intelligence gathering and monitors speeds for 24 hours. The device saves in man hours when trying to substantiate the complaints. Assistant Chief Kealoha reported that another traffic trend is speeding on the new saddle road. The speed board is up, and they are doing enforcement 24/7. Next month they will have stats on the new saddle road. Personnel report on vacancies, recruitment, training, promotions, reallocations, severance from service, and work assignments Assistant Chief Kanehailua reported having 37 sworn vacancies. This does not account for the recruits in training. One recruit just resigned. A Honolulu PD veteran officer transferred to Hawai‘i County and is in an accelerated program as PO II. Transfers go through the same screening as the recruits. They will have open recruitment for entry level recruits this year, possibly in October. They are having a difficult time filling positions for school crossing guards. It’s a part-time job with short hours, and the turnover is great. Finance report of budget and expenditures Assistant Chief Kanehailua reported that they expect the overtime to taper off when the recruits are on the road. Commendations of sworn and civilian employees Assistant Chief Kanehailua reported receiving ten commendations since the last meeting. Vice Chair Ignacio commended a woman for her pleasant demeanor when answering the phone at the Waimea police station. Other departmental activities Assistant Chief Kanehailua reported that they had to explain to Public Works about the police issued parking permits used in areas such as the Aupuni Center and County Building. Hawai‘i Police Commission Regular Session Minutes September 20, 2013 Page 3 EXECUTIVE SESSION Commissioner Schutte motioned 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 Gomes seconded, and it carried unanimously. Executive session convened at 9:41 a.m. Regular session reconvened at 1:10 p.m. ACTION BY THE COMMISSION Correspondence No. 2013-12,request for legal representation for Sergeant Artienda in SH1-3DTC-13-000064. Commissioner Schutte motioned to decline legal representation. Commissioner Morioka seconded, and it carried unanimously. Complaints HPC 13-16: Complainant alleged that officers released her name to the person who was being investigated by CPS (deferred at last meeting). Commissioner Schutte motioned that there was insufficient evidence to prove the allegation of misconduct. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. HPC 13-29: Complainant was arrested for DUI. He alleged that he was not guilty. He also alleged that his bail was posted but he was not released until the next morning (deferred at last meeting). Vice Chair Ignacio motioned to exonerate the named officer. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. Commissioner Gomes motioned that there was sufficient evidence to prove the allegation of misconduct and to refer the complaint to the Police Chief for further investigation. Commissioner Schutte seconded, and it carried unanimously. HPC 13-30: Complainant complained about his parked car and a previous complaint. Commissioner Pe‘a-Ferrari motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Gray seconded, and it carried unanimously. HPC 13-31: Complainant alleged that the police report was not accurate. Commissioner Schutte motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Morioka seconded, and it carried unanimously. HPC 13-32: Complainant alleged that the police report was not accurate. Commissioner Schutte motioned to decline further investigation because the complaint was not received within 90 days as required by rule. Commissioner Pe‘a-Ferrari seconded, and it carried unanimously. HPC 13-34: Complainant alleged that an officer made a case out of fender bender because she complained about him to his supervisor. Commissioner Schutte motioned Hawai‘i Police Commission Regular Session Minutes September 20, 2013 Page 4 to refer the complaint to the Police Chief for further investigation. Commissioner Gomes seconded, and it carried unanimously. HPC 13-35: Complainant was arrested for DUI. He alleged that the BAC reading was impossible, and that the officer was not truthful. Commissioner Schutte motioned to decline further investigation because the complaint was not received within 90 days as require by rule. Commissioner Gomes seconded, and it carried unanimously. HPC 13-37: Complainant alleged that an officer was rude to him and his family during a traffic stop. Vice Chair Ignacio motioned to refer the complaint to the Police Chief for further investigation. Commissioner Schutte seconded, and it carried unanimously. HPC 13-40: Complainant alleged that officers would not assist her in retrieving her personal items. Commissioner Morioka motioned that there was insufficient evidence to prove the allegation of misconduct. Commissioner Schutte seconded, and it carried unanimously. HPC 13-41: Complainant alleged that an officer was rude while he was unloading in a no parking zone. Commissioner Morioka motioned to refer the complaint to the Police Chief for further investigation. Commissioner Gomes seconded, and it carried unanimously. ANNOUNCEMENTS Chair Victorine announced that the Police Commission’s next monthly meeting will be on Friday, October 18, 2013, at 9:00 a.m., in the West Hawai‘i Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona. Collection of files and documents. – Done. ADJOURNMENT The meeting was adjourned at 1:21 p.m. SUBMITTED: JOSIE PELAYO, SECRETARY APPROVED: LEROY J. VICTORINE, CHAIR