Loading...
HomeMy WebLinkAbout2015-12-18 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 18, 2015 AUPUNI CENTER CONFERENCE ROOM HILO, HAWAII CALL TO ORDER Chair Schutte called the meeting to order at 9:02 a.m. ROLL CALL Present: Guy Schutte, Chair John Bertsch, Vice Chair Arthur Buckman, Commissioner Robert Gomes, Sr., Commissioner Peter Hendricks, Commissioner Peggy Hilton, Commissioner Keith Morioka, Commissioner A quorum was present. Also Present: Paul Ferreira, Deputy Police Chief Marshall Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Mitchell Kanehailua, Major Kenneth Bugado, Captain Danny Patel, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Chair Schutte stated that they received correspondence for a reconsideration of Complaint HPC 15-30. He asked for a motion to add it to the agenda for reconsideration. No motion was made. Chair Schutte asked for a motion to add "Election of Chair and Vice Chair for 2016" to the agenda. Commissioner Gomes motioned to add "Election of Chair and Vice Chair" to the agenda. Commissioner Morioka seconded, and it carried unanimously. Commissioner Morioka motioned to accept the agenda as amended. Commissioner Hilton seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None APPROVAL OF MINUTES OF NOVEMBER 20.2015. REGULAR AND EXECUTIVE Commissioner Morioka motioned to accept the minutes. Commissioner Gomes seconded. Discussion: Commissioner Hilton asked for a clarification on the number of vacancies in the Personnel Report. She also asked what side arms were. Deputy Chief Ferreira explained. Hawaii Police Commission Regular Session Minutes December 18, 2015 Page 2 COMMUNICATIONS (For discussion and/or action.) • No. 15-07: Margaret Sevilla Shim requests to revisit this communication that she spoke about at the commission's meeting on June 26, 2015. She feels the police have been inefficient since 2011 in addressing this issue of a nuisance neighbor in Puna. Assistant Chief Tavares reported that they have spoken to her. In 2015, they made 20 contacts with her. Her concerns were investigated, and it has been determined that they took appropriate actions. It seems to be a community relations issue. (Ms. Shim was not present.) MARGARET SEVILLA SHIM came before the commission shortly thereafter. She stated that she and her son have not been heard. Mr. Lester Oshiro has tried to help her with this ordeal, but it's not his job. They get turned away with every issue. They need a clarifier to help her communicate. The police and prosecutors have done nothing. She has asked for help with her disability. The disability is not the problem. The problem is her next door neighbor. There is so much to the case and nobody is doing anything. She needs somebody to help her. Ms. Teri Spinola- Campbell knows of her situation. Her son set himself on fire. He needed a re- voicer. They need help. The commission needs to contract someone. Commissioner Morioka told Ms. Shim that it her responsibility to inform others of her disability. Vice Chair Bertsch stated that they want to help her, but they should postpone it until she has assistance. Ms. Pelayo told Ms. Shim that Ms. Spinola- Campbell called her twice this week, but she did not return her call. Ms. Shim statec that she will go over to Ms. Spinola-Campbell's office right after this meeting. (Shim exited.) Commissioner Gomes requested clarification from corporation counsel on Ms. Shim's request. Deputy Corporation Counsel Danny Patel stated that under ADA, they are required to provide assistance. She needs assistance filling out the form. She mentioned Charmaine Kaipo who can also help her. Vice Chair Bertsch asked about people with a disability during incidents such as traffic stops. Deputy Chief Ferreira stated that officers are trained, and they need to use their best judgment at that time. Major Kanehailua questioned why they would have to provide the re-voicer. People with disabilities have their own service animals. Deputy Chief Ferreira stated that after hearing her, they will go back to the department and discuss it further. They will speak to Ms. Spinola-Campbell. Vice Chair Bertsch stated that they are obligated to assist disabled individuals when they come before the commission. He doesn't know how that would apply outside of the meeting. Hawaii Police Commission Regular Session Minutes December 18, 2015 Page 3 Assistant Chief Kanehailua stated that they need to find out exactly what the disability is and the discussion should start with her and end here. Assistant Chief Tavares stated that they have responded to her calls. This is been going on back to 2005. No. 15-09: From Police Chief Harry Kubojiri: Police Department's year-end status report for calendar year 2015. Chair Schutte applauded the staff for their accomplishments this year. • No. 15-10: From Police Chief Harry Kubojiri: Salary inversion issue for Police Chief and Deputy Police Chief. Chief requested discussion in executive session. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: Crime report: Assistant Chief Tavares reported that South Kohala has seen an increase in burglary in the Waimea area. Hilo has seen a slight increase in burglaries and auto theft in the Kanoelehua industrial area. Patrol has been stepped up. CPOs are compiling a map of businesses with surveillance cameras. Seeing the area where a crime occurred will make it easier to conduct investigations. Traffic report: Major Kanehailua reported that accidents in North Hilo could be attributed to road construction. They are stepping up DUI enforcement for the holidays. Personnel report: Assistant Chief Kanehailua thanked Commissioner Gomes for his excellent speech at the recruit graduation which was well-done and to the point. He went on to explain the written vacancy report. They made a lot of civilian movements since the last commission meeting. They hope to fill the dispatcher positions soon and believe that the realistic job interview attributes to retention. They have received a lot of retirement requests, although a few were rescinded. They expect to fill much of the sworn vacancies within the next six months. Finance report: Assistant Chief Kanehailua reported that they are tracking below targeted expenditures. They are in the budget process and will be meeting with county finance shortly. Commendations of sworn and civilian employees: Deputy Chief Ferreira reported having three commendations since the last meeting involving 33 personnel. Other departmental activities: Deputy Chief Ferreira reported that the CALEA accreditation meeting was held in Florida in November. They received accreditation for four more years. In response to questions, Deputy Chief Ferreira stated that they no longer do ride- alongs for recruits because of the Fair Labor Standards Act. They are still doing Hawaii Police Commission Regular Session Minutes December 18, 2015 Page 4 research on the body cameras. Storage and confidentiality are issues. They are looking at shutting down officer's use of personal body cameras. Other departmental activities: Commissioner Gomes expressed concern about the Police Commission's office which is isolated and in need of an exit door. A lot of the complainants are angry people. Public Works will be contacted. Recess was called at 10:20 a.m. The meeting reconvened at 10:45 a.m. EXECUTIVE SESSION (Closed to the public.) 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 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 Morioka seconded, and it carried unanimously. Executive session convened at 10:46 a.m. Regular session reconvened at 1:58 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 15-27: Complainant alleged that officers came onto their property to investigate a stolen tank and trailer without doing due diligence. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Morioka seconded, and it carried unanimously. Complaint HPC 15-28: Complainant alleged that an officer listened to their complaint in a hallway without privacy and didn't respond to their email. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hilton seconded, and it carried unanimously. Complaint HPC 15-44: Complainant alleged that an officer called his employer to inform them of his speeding in a company vehicle. Vice Chair Bertsch motioned to defer the complaint to the next meeting in Kona as requested by the complainant. Commissioner Buckman seconded, and it carried unanimously. • Complaint HPC 15-47: Complainant alleged that the traffic citations that an officer issued were bogus, and that the officer was not professional. Commissioner Gomes motioned to refer the complaint to the Police Chief for further investigation. Vice Chair Bertsch seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes December 18, 2015 Page 5 Complaint HPC 15-48A and 15-4813: Complainant alleged that her arrest was traumatizing and elder abuse. Commissioner Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. • Complaint HPC 15-49: Complainant alleged that during a traffic stop, an officer was overbearing, condescending, and unprofessional. Commissioner Gomes motioned to refer the complaint to the Police Chief for customer service concerns as noted in the complaint. Commissioner Morioka seconded, and it carried unanimously. ELECTION OF CHAIR AND VICE CHAIR FOR 2016 Vice Chair Bertsch nominated Guy Schutte as Chair and Keith Morioka as Vice Chair. Commissioner Hendricks seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Schutte announced that the Police Commission's next monthly meeting will be on Friday, January 22, 2016, at 9:00 a.m., in the West Hawaii Community Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. • Collection of files and documents. (Done.) SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: GUY K. SCHUTTE, CHAIR