The URL can be used to link to this page

Home My WebLink About2015-02-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 20, 2015 WEST HAWAII CIVIC CENTER 74-5044 ANE KEOHOKALOLE HWY, KAILUA-KONA, HI CALL TO ORDER Vice Chair John Bertsch called the meeting to order at 9:09 a.m. ROLL CALL Present: John M. Bertsch, Vice Chair Robert G. Gomes, Sr., Commissioner Peter L. Hendricks, Commissioner Keith T. Morioka, Commissioner Leroy J. Victorine, Commissioner Absent: Guy K. Schutte, Chair Karolyn P. Lundkvist, Commissioner Kenneth T. Ono, Commissioner Also Present: Harry Kubojiri, Police Chief Paul Ferreira, Deputy Chief Paul Kealoha, Assistant Chief Henry Tavares, Assistant Chief Mitchell Kanehailua, Major Kenneth Bugado, Captain Belinda Castillo Hall, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Victorine motioned to approve the agenda. Commissioner Morioka seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS SHELLEY STEPHENS MAHI came before the commission to speak on Correspondence 15-02 and 15-03. She stated that at the legislature is a new state agency to monitor the police. She hopes for statewide policy on arrest techniques. They are doing arrest techniques that violate constitutional rights because it involves pain compliance and neck strikes on juveniles and females. This is a problem that needs to be fixed. She went on to speak on native tenant rights (not agenda item). APPROVAL OF MINUTES Commissioner Morioka motioned to approve the minutes of January 16, 2015, regular and executive sessions. Commissioner Gomes seconded, and it carried unanimously. Hawai'i Police Commission Regular Session Minutes February 20, 2015 Page 2 COMMUNICATIONS • Correspondence 15-02, invitation from the Honolulu Police Commission to the 2015 State of Hawai'i Police Commissioners' Conference April 16-17, 2015. • Correspondence 15-03, from the Honolulu Police Commission informing of bills before the State Legislature relating to police commissions. Commissioner Victorine motioned to discuss the communications after the Chief s report. Commissioner Morioka seconded, and it carded unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES • Crime report: Assistant Chief Tavares reported that there were 5,597 serious crimes in Areas I and 11. The Criminal Investigation Units investigated 1,197 of these cases. There were no crime trends in any of the districts. There was a decrease in auto thefts which they attribute to the arrest of individuals. • Traffic report: Major Mitchell Kanehailua reported that in the month of January, 5,106 citations were issued: 3,191 moving/regulatory, 413 seatbelt, 77 child restraint, and 1,425 for speeding. Ka'u had a fatality, but there were no trends. Personnel report: Deputy Chief Ferreira reported having 30 sworn vacancies. The recruit class will be given solo assignments, and that will bring the vacancy down to 19. They are going through a new recruitment process and are looking at hiring a minimum of 20 positions. They have 34 civilian vacancies. Finance report: Deputy Chief Ferreira stated that they were able to get some additional funds from the County for overtime due to the lava flow. When they budget for overtime, they are conservative. Any natural disaster, emergency, or homicides could send them over the top. They budget for what they anticipate can happen, and they depend on the County to fund them in the event there is a natural disaster or unexplained event. County Finance could move monies around from different County contingency funds, but first they are asked if they can move funds from their own department. Normally, they do not take from the training and equipment account for overtime and travel. Vice Chair Bertsch stated that one of the primary responsibilities of the commission is to ensure that the police department has a substantial amount of operating funds in order to complete its mission without public service suffering. The commission stands by to support them in any way possible. Deputy Chief Ferreira stated that the credit should go to their line staff, personnel in the field, and the commanders who monitor daily, weekly, and monthly, looking at ways they can cut, looking at ways they can do more with less. They were told to do a status quo budget. He explained the County's budget process. Vice Chair Bertsch stated that the commission only Hawai'i Police Commission Regular Session Minutes February 20, 2015 Page 3 focuses on the police department, so they can be their biggest advocate for budgetary purposes to talk to County Council and the mayor. The police department and its budget is their responsibility. Deputy Chief Ferreira said the budget hearing will be in April. He will forward the budget to the commission next week. • Commendations of sworn and civilian employees: Chief Kubojiri reported having six commendations involving eleven personnel since the last meeting. • Other departmental activities: Chief Kubojiri reported that they will be having CALEA mock exercises next week which will be exactly what will be done during the assessment. The assessors will inspect their records for compliance, do island -wide visits, and ride-alongs. This will prepare them for the actual accreditation. Chief Kubojiri spoke briefly about issues Colorado faces as a result of legalized recreational marijuana. Regarding medical marijuana dispensaries in Hawaii, if it is medicine, it should have the same regulations as a regular medical pharmacy. The current medical marijuana laws need to be tightened up. Recess was called at 10:26. The meeting reconvened at 10:41 a.m. COMMUNICATIONS • Correspondence 15-02, invitation from the Honolulu Police Commission to the 2015 State of Hawai'i Police Commissioners' Conference April 16-17, 2015. • Correspondence 15-03, from the Honolulu Police Commission informing of bills before the State Legislature relating to police commissions. Vice Chair Bertsch stated that many of the bills are a result of circumstances that happened in Honolulu and Kauai, and the legislatures are trying to correct it. There was discussion with the general consensus being in opposition of the bills. Chief Kubojiri stated that in order for these laws to pass, there are a lot of other outside things that need to be changed or modified because of the bargaining agreement and Garrity rights that are already in place. Commissioner Victorine motioned that the commission go on record to oppose all Senate and House bills as they would be detrimental to the police mission and police commissions. Commissioner Gomes seconded, and it carried unanimously. EXECUTIVE SESSION Commissioner Gomes 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, to consider sensitive matters relating to public safety; and to conduct an annual evaluation of the police chief pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawai'i County Charter Section 13-20 (b). Hawai'i Police Commission Regular Session Minutes February 20, 2015 Page 4 Commissioner Victorine seconded, and it carried unanimously. Executive session convened at 11:23 a.m. Open session reconvened at 12:05p.m. ACTION ON EXECUTIVE SESSION MATTERS • HPC 14-36: Complainant complained about the actions of four officers when she went to the police station to serve documents. Commissioner Victorine motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. • HPC 14-38: Complainant was issued a citation for no seatbelt. She alleged that an officer showed no remorse when she explained her situation. Commissioner Gomes motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. • HPC 14-39: Complainant alleged that two officers harassed him and made him feel uncomfortable when they conducted an investigation. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Victorine seconded, and it carried unanimously. ANNOUNCEMENTS • Vice Chair Bertsch announced that the next meeting is scheduled for March 20, 2015, at 9:00 a.m. at the North Hawai'i Educational Research Center, at 45-539 Plumeria St., Honoka'a, Hawaii. • Collection of files and documents — done. ADJOURNMENT The meeting was adjourned at 12:15 a.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: J N M. BERTSCH, VICE CHAIR