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HomeMy WebLinkAbout2014-07-18 Police Commission Regular Minutes HAWAI‘I POLICE COMMISSION REGULAR SESSION MINUTES JULY 18, 2014 WEST HAWAI‘I CIVIC CENTER,BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA CALL TO ORDER Chair Bertsch called the meeting to order at 9:04 a.m. ROLL CALL Present: John M. Bertsch, Chair Guy K. Schutte, Vice Chair Peter L. Hendricks, Commissioner Keith T. Morioka, Commissioner Kenneth T. Ono, Commissioner Leroy J. Victorine, Commissioner Absent: Robert G. Gomes, Sr., Commissioner Karolyn P. Lundkvist, Commissioner Also Present: Harry Kubojiri, Police Chief Paul Ferreira, Deputy Police Chief Paul Kealoha, Assistant Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistance Chief Kenneth Bugado, Captain Katherine Garson, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF AGENDA Commissioner Morioka motioned to approve the agenda. Commissioner Victorine seconded, and it carried unanimously. APPROVAL OF MINUTES Commissioner Morioka motioned to approve the minutes of June 20, 2014, regular and executive sessions. Commissioner Victorine seconded, and it carried unanimously. COMMUNICATIONS Correspondence 14-05, request for representation by Corporation Counsel in Civil No. 14-1-0217 for Detective Ian Lee Loy and Officer Michael Santos. Vice Chair Schutte motioned to accept and file the correspondence. Commissioner Morioka seconded, and it carried unanimously. (Consideration in executive session.) Hawai‘i Police Commission Regular Session Minutes July 18, 2014 Page 2 POLICE CHIEF’S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: Crime report by area, category, and trends: Assistant Chief Tavares reported that up through June 20, they had 8,555 serious crimes. The Area I and II Criminal Investigation Units investigated 2,204 of these cases. In the month of June, they received 7,889 calls for service -- 2,435 for criminal/traffic and 5,454 for miscellaneous public assistance. The crime trend shows an increase in unauthorized entry into motor vehicles, mostly at night, in the Waiakea area. Night time patrol is concentrating in the area. Kona continues to receive complaints about homeless individuals sleeping in parks and public areas and of juveniles drinking in parks. They are addressing these concerns with community police officers, patrol, and other county agencies. Assistant Chief Kealoha reported that private clubs are having parties aimed at younger adults. As a result, they have seen under-aged drinking in parking lots which is difficult to enforce. Ka’u had an increase in burglaries and auto thefts. An ATV was taken from Royal Hawaiian Orchards; a suspect was arrested.They continue to educate the public on crime prevention. Traffic report by area, category, and trends: Assistant Chief Kealoha reported that in June, 3,624 citations were issued – 2,391 moving/regulatory, 271 seatbelt, 28 child restraint, and 934 speeding. There were no island-wide trends, although accidents in Puna are down. Personnel report on vacancies, recruitment, training, promotions, reallocations, severance from service, and work assignments: Assistant Chief Kanehailua reported having 24 sworn vacancies. A recruit class of 16 members will start on August 1. They started with about 100 names but lost many through minimum qualifications, background checks, agility tests, and physicals. A new recruitment will begin next month. They are hoping for higher numbers to work with. Their HR Specialist transferred to County HR. They have 23 funded civilian vacancies. They lost a lot of dispatchers, and the positions need to be filled. Chair Bertsch applauded the police department for doing due diligence in getting the best police officers on the street. AC Kanehailua stated that they cannot control the results of the tests. People do reapply, and they cannot reject anyone from reapplying. For drug and marijuana use, there is a waiting period. Vision requirements can be corrected. Several officers recently chose to return to the mainland. Hawai‘i Police Commission Regular Session Minutes July 18, 2014 Page 3 Finance report of budget and expenditures, including new budget for fiscal year 2014-15: The commissioners were given the 2014-15 Fiscal Year Budget which they reviewed. AC Kanehailua reported being at 99.9% of targeted expenditures. Due to the diligence of the commanders, they had fund balances in salaries and wages and operations. Commendations of sworn and civilian employees: Chief Kubojiri reported having 7 commendations involving 22 personnel since the last commission meeting: S. Hilo - 2, N. Hilo -1, Puna – 1, South Kohala – 1, and Kona – 2. Other departmental activities: Chief Kubojiri reported that at 12:00 noon today, Civil Defense Director Oliviera will be briefing all first responders on the anticipated heavy rain on Saturday. The ground is already saturated, and they are concerned about how much more rain it can handle. If the sirens go off, officers would report to the nearest or their own police station. Their biggest problem has been vehicle traffic and bottlenecks. They will turn everyone up from Ali‘i drive. They are reallocating two additional positions for West Hawai‘i. North Kohala will get one additional sergeant. They want to do calls for service in a timely manner. The Hilo triathlon had no major issues. Due to changes in the law, they had to change their annual report to the Legislature. On August 12 at 10:30 a.m., in the County Council Room, a presentation on “Kupuna Alert” will be put on by various agencies to help our kupunas protect themselves against scams, burglaries, and thefts. Mass Transit and the Office and Aging will bus them to this event. Following that, they will have an expired prescription take back. In the afternoon, they will move to North Kohala. The next day it will be at Aunty Sally’s in Hilo followed by Puna the next day. They will also do presentations on prescription drug abuse and scams. They are trying to get the information out on “Living in Paradise”. KTA and Gary Shimabukuro of Laulima are also working with them on this project. There are concerns of children and grandchildren abusing their Kupunas prescription medication. State law allows only State Narcotics and DEA to take back prescription medications, not the police. The State Narcotics Division’s funding was cut drastically, so HPD is paying for some of the costs for this program. Recess was called at 9:52 a.m. The meeting reconvened at 10:07 a.m. UNFINISHED BUSINESS Correspondence 14-04: Invitation to the annual State of Hawai‘i Law Enforcement Officials Association Conference September 24-25, 2014, hosted by the Maui Police Hawai‘i Police Commission Regular Session Minutes July 18, 2014 Page 4 Department. Chair Bertsch reminded the commissioners to inform Ms. Pelayo if they are interested in attending the conference. EXECUTIVE SESSION Commissioner Victorine motioned to meet in executive session to consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities; to consider discipline and charges against officers or employees of the Hawai‘i Police Department; and to consider sensitive matters relating to public safety pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawai‘i County Charter Section 13-20 (b). Vice Chair Schutte seconded the motion, and it carried unanimously. Executive session convened at 10:07 a.m. Regular session reconvened at 12:05 p.m. ACTION BY THE COMMISSION Correspondence 14-05: Request for representation by Corporation Counsel for Detective Ian Lee Loy and Officer Michael Santos in CV 14-1-0217. Vice Chair Schutte motioned that the officers were acting within the course and scope of their duties as police officers and to approve legal representation. Commissioner Ono seconded, and it carried unanimously. Complaint HPC 14-14: Complainant alleged that the police reports were inaccurate. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Commissioner Ono seconded, and it carried unanimously. Complaint HPC 14-16: Complainant complained about how an officer conducted his interview and about what was written on the police report. Commissioner Ono motioned to refer the complaint to the Police Chief for customer service, procedural, and operational concerns. Commissioner Victorine seconded. Ayes were called by Victorine, Ono, Hendricks, and Bertsch. Noes were called by Morioka and Schutte. The motion died without a quorum vote of five. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Vice Chair Schutte seconded. Ayes were called by Morioka and Schutte. Noes were called by Victorine, Ono, Hendricks, and Bertsch. The motion died without a quorum vote of five. Commissioner Morioka motioned to reconsider the motion that there was insufficient evidence. Commissioner Hendricks seconded the motion. Ayes were called by Hawai‘i Police Commission Regular Session Minutes July 18, 2014 Page 5 Morioka, Victorine, Bertsch, Schutte, and Hendricks. The motion carried with a no vote by Ono. Commissioner Morioka motioned that there was insufficient to prove the complainant’s allegations of misconduct and to send a letter to the Police Chief regarding customer service concerns. Ayes were called by Morioka, Victorine, Bertsch, Schutte, and Hendricks. A note vote was called by Ono. The motion carried. ANNOUNCEMENTS Chair Bertsch announced that the Police Commission’s next monthly meeting will be on Friday, August 22, 2014, at 9:00 a.m., in the Waimea Civic Center Conference Room, 67-5189 Kamamalu St., Kamuela, Hawai‘i (next to police station and courthouse). Collection of files and documents (done). ADJOURNMENT The meeting was adjourned at 12:19 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN M. BERTSCH, CHAIR