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HomeMy WebLinkAbout2015-01-16 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JANUARY 16, 2015 PUNA CONFERENCE ROOM HAWAII COUNTY BUILDING, HILO, HAWAII CALL TO ORDER Chair Bertsch called the meeting to order at 9:11 a.m. ROLL CALL Present: John M. Bertsch, Chair Guy K. Schutte, Vice Chair Robert G. Gomes, Sr., Commissioner Peter L. Hendricks, Commissioner Karolyn P. Lundkvist, Commissioner Keith T. Morioka, Commissioner Kenneth T. Ono, Commissioner Leroy J. Victorine, Commissioner A quorum was present. Also present: Paul Ferreira, Deputy Police Chief Paul Kealoha, Assistant Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Kenneth Bugado, Captain Belinda Castillo Hall, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS ALEX HAMILTON, along with his wife, came before the commission to speak on his correspondence No. 14-07. He stated that his neighbor has been trying to drive him off the island. The neighbor has been threatening him and has thrown rocks at him. They talked to the police. They got an injunction against his neighbor for harassment. Two officers suggested they move away. He feels he has no police protection. About a year ago an officer told him that he had no time for this. Chair Bertsch told Mr. Hamilton that the commission's concern is how officers interact with the public. He could file a notarized complaint over the officer's actions. He has a TRO and can call the police about it. CHERYL REIS came before the commission to commend Officer Jacob Obermiller for his professionalism in handling a situation with her neighbor and his chickens. APPROVAL OF AGENDA Commissioner Ono motioned to approve the agenda. Commissioner Victorine seconded the motion, and it carried unanimously. Hawaii Police Commission Regular Session Minutes January 16, 2015 Page 2 APPROVAL OF MINUTES Vice Chair Schutte motioned to approve the minutes of November 21, 2014, regular and executive sessions. Commissioner Ono seconded, and it carried unanimously. COMMUNICATIONS • Correspondence 14-06, request for representation by Corporation Counsel in Civil No. 14-1-396 for Detectives Ian Lee Loy and George Makua and Officers Carrie Akina, Josiah Coe, Stanley Kaina, and Jerome Manual. • Correspondence 14-07, from Alex Hamilton informing the commission of problems he has had with his neighbor. • Correspondence 14-08, request for representation by Corporation Counsel in Civil No. 14-00507 for Officers Christopher Kapua-Allison and Joshua Gouveia. • Correspondence 15-01, Police Department's Year -End Status Report for Calendar Year 2014. Vice Chair Schutte motioned to accept the communications. Commissioner Gomes seconded, and it carried unanimously. Commissioner Victorine motioned to approve legal counsel for all officers named in Correspondences 14-06 and 14-08. Vice Chair Schutte seconded the motion, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES • Crime report by area, category, and trends: AC Tavares reported that up to December 31, 2014, there were 4,754 serious crimes. The Criminal Investigation Units investigated 982 of these cases. For the month of December, they had 8,865 calls for services. The crime trend in Hilo shows an increase in vehicles thefts in the Waiakea area. They are working with Hawaiian Homes, community associations, and the Prince Kuhio Plaza where a lot of the crime is occurring. They have identified a group of individuals involved in the burglaries who commute between Hilo, Puna, and Ka'u. Assistant Chief Kealoha reported that they have identified the same three individuals on the west side. They have three active APBs associated with the Hilo thefts. In Ocean View, three Toyota SUVs were removed in one instance, and within 24 hours, all three vehicles were taken down to the frame. AC Tavares stated that a lot of the stolen vehicles are repainted and the VIN number changed. Stolen vehicles are being used in other thefts and then dumped. Auto parts are been recycled. In Kona, auto thefts are mostly in beach park areas. Commissioner Morioka entered at 9:35 a.m. Hawaii Police Commission Regular Session Minutes January 16, 2015 Page 3 • Traffic report by area, category, and trends: AC Kealoha reported that for the month of December, 4,594 citations were issued — 2,797 moving/regulatory, 420 seatbelt, 46 child restraint, and 1,321 speeding. The DUI fatality count is down. The first fatality of the year involved a 16 year old female passenger. AC Tavares said they continue to use the stealth equipment, and it is used heavily in Puna. • Personnel report on vacancies, recruitment, training, promotions, reallocations, severance from service, and work assignments: AC Kanehailua gave an update on recruitment of police officers. Twelve recruits will graduate on January 20 and will go into OJT. They will fill most of the vacancies which are in the smaller districts. In the past, they had more vacancies in Kona, but now officers do not request to transfer out of Kona. Regarding dispatchers, it is not easy to fill and retain the position. CALEA reaccreditation will be in August. Chair Bertsch asked for a CALEA report at the next meeting. • Finance report of budget and expenditures: AC Kanehailua reported that salaries and wages are tracking just below 50%. • Commendations of sworn and civilian employees. Deputy Chief Ferreira reported receiving 12 commendations since the last meeting. • Other departmental activities: Deputy Chief Ferreira reported that he spoke to Mr. and Mrs. Hamilton (Corresp. 14-07) outside of the meeting. He told them not to be afraid to call the police department and to feel free to call 911. He also gave them contact information for the Puna area. Regarding the budget, they were instructed to prepare a status quo budget. Everything else will be a supplemental. They go before the council on April 24th, and he invited the commissioners to attend the meeting in support of the police department. Regarding the Puna lava flow, they do not have an established police station on the south side of the flow. Several locations have been identified for use. Puna Geothermal brought in a tent facility that the police could use in case it is needed. The police department's goal is to be mobile and proactive. Chair Bertsch suggested scheduling a meeting at the Pahoa police station for information gathering of the impact of the Puna lava flow, logistics, and traffic. NEW BUSINESS • Selection of Chair of the Police Commission for 2015. Commissioner Victorine motioned for Guy Schutte as Chair. Commissioner Morioka seconded the motion, and it carried unanimously. Hawaii Police Commission Regular Session Minutes January 16, 2015 Page 4 • Selection of Vice Chair of the Police Commission for 2015: Commissioner Gomes motioned for John Bertsch as Vice Chair. Commissioner Morioka seconded. Commissioner Victorine motioned for Keith Morioka as Vice Chair. Discussion: Commissioner Ono said he liked having a rotation. Commissioner Victorine said he likes having someone in East and West Hawaii. Commissioner Lundkvist said the outgoing Chair should be there to assist the Vice Chair. Chair Bertsch stated that in 2015, the Chair will have his hands full with the transition of the police department and corporation counsel. They could be selecting a new police chief. Whoever leads the commission must have the time and commitment. Commissioner Morioka declined the position. The vote was unanimous for John Bertsch as Vice Chair. Guy Schutte deferred chairing the meeting to the next meeting. EXECUTIVE SESSION Commissioner Morioka 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 Hawaii Police Department, to consider sensitive matters relating to public safety; and to work on the annual evaluation of the police chief pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawaii County Charter Section 13-20 (b). Commissioner Victorine seconded, and it carried unanimously. Executive session convened at 10:51 a.m. Open session reconvened at 4:30 p.m. FINDINGS ON COMPLAINTS • HPC 14-18: Complainant alleged that an officer screamed at her. Commissioner Victorine motioned to refer the complaint to the Police Chief for further investigation. Commissioner Hendricks seconded, and it carried unanimously. • HPC 14-21: Complainant alleged that an officer laughed at her and sympathized with another party. Commissioner Lundkvist motioned that there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-30: Complainant alleged that his rights to free travel within his own nation were denied. Commissioner Lundkvist motioned that there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Gomes seconded, and it carried unanimously. • HPC 14-31: Complainant alleged that an officer failed to investigate his report of a branch dangling over the road in a dangerous manner. Commissioner Gomes Hawaii Police Commission Regular Session Minutes January 16, 2015 Page 5 motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Morioka seconded, and it carried unanimously. • HPC 14-32: Complainant alleged that an officer had a condescending manner and made him speak to other officers instead of him. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-33: Complainant alleged that she lost her case because an officer failed to submit a full police report and photographs. Commissioner Victorine motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. • HPC 14-34: Complainant alleged that during her arrest, an officer pulled her by her hair. Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-35: Complainant alleged that the traffic stop and citations he received were harassment. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-37: Complainant alleged that a situation got out of control because of an officer's tone of voice and challenging attitude. Commissioner Gomes motioned that there was insufficient evidence to prove the complainant's allegations of misconduct and to send a letter to the Chief regarding concerns discussed in executive session. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-40: Complainant complained about the manner in which officers responded to her when she tried to give them information about on-going cases. Commissioner Lundkvist motioned that there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-41: Complainant alleged that an officer's report was not submitted ten days after her accident. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. • HPC 14-42: Complainant alleged that an officer falsified his report. Commissioner Gomes motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Morioka seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes January 16, 2015 Page 6 • HPC 14-43: Complainant alleged that an officer falsely arrested him. Commissioner Lundkvist motioned that there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-44: Complainant alleged that an officer's behavior towards her and her group was bullying and intimidating. Commissioner Ono motioned to refer the complaint to the Police Chief for further investigation. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-45: Complainant alleged that an officer screamed at her. Commissioner Victorine motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. • HPC 14-46: Complainant alleged that he told the police that a house was being dismantled, but they did nothing. Commissioner Morioka motioned to refer the complaint to the Police Chief for procedural and operational concerns. Commissioner Gomes seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Bertsch announced that Police Commission's next monthly meeting will be on Friday, February 20, 2015, at 9:00 a.m., at the West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. • Collection of files and documents (done). ADJOURNMENT The meeting was adjourned at 4:48 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN M. BERTSCH, CHAIR