HomeMy WebLinkAbout2016-01-22 Police Commission Regular MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES
JANUARY 22, 2016
WEST HAWAII CIVIC CENTER, BUILDING G CONFERENCE ROOM
74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII
CALL TO ORDER
Chair Schutte called the meeting to order at 9:00 a.m.
ROLL CALL
Present: Guy Schutte, Chair
Keith Morioka, Vice Chair
John Bertsch, Commissioner
Arthur Buckman, Commissioner
Robert Gomes, Sr., Commissioner
Peter Hendricks, Commissioner
Peggy Hilton, Commissioner
A quorum was present.
Also Present: Harry Kubojiri, Police Chief
Paul Ferreira, Deputy Chief
Marshall Kanehailua, Assistant Chief
Paul Kealoha, Assistant Chief
Henry Tavares, Assistant Chief
Kenneth Bugado, Captain
Danny Patel, Deputy Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Bertsch motioned to approve the agenda. Vice Chair Morioka seconded,
and it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.)
APPROVAL OF MINUTES
Commissioner Hendricks motioned to approve the minutes of December 18, 2015,
regular and executive sessions. Vice Chair Morioka seconded, and it carried
unanimously.
POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES
Including, but not limited to:
• Crime report: Assistant Chief Tavares reported on burglaries at the Mt. View,
Kurtistown, and Pahoa post offices. Suspects have been identified through video
surveillance. In the days leading up to New Year's Eve they had a lot of fireworks
complaints, but they have to identify who lit the firework. This is a public relations
matter where they have to inform people of the law. If they go onto the property and
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Regular Session Minutes
January 22, 2016
Page 2
suspect fireworks are in plain view, they can do something. Otherwise, they cannot
conduct a search. Commissioner Gomes stated that illegal fireworks is a lucrative
business that is difficult to enforce.
Traffic report: Assistant Chief Kealoha reported having two fatalities in December.
No specific traffic trends were identified other than issues with alternative routes on
the Queen K highway due to the road construction. AC Tavares stated that traffic
grants are utilized for traffic enforcement. AC Kealoha stated that they are seeing
impaired driving with a combination of multiple substances such as marijuana and
meth. It's not as easy as doing an alcohol test. AC Tavares stated that being
trained and certified in drug recognition is intense. They want to have drug
recognition experts on duty during all shifts. All officers are trained in alcohol
assessment. A person has the right to refuse the drug and/or alcohol test, but the
person has to be informed of the consequences. AC Kanehailua reported that for
the smaller districts such as Ka'u, showing the numbers required for drug recognition
experts could be difficult.
Personnel report: Assistant Chief Kanehailua reported having 23 sworn vacancies.
They are moving forward with the sergeant's recruitment. The lieutenant's
promotion will be filled shortly. They are being proactive by trying to always have an
ongoing recruitment. Many of the civilian vacancies were filled. They have an open
recruitment for dispatchers.
Finance report: AC Kanehailua Marshall reported that they met with County
Finance, and they continue to work on the budget. Salaries and wages is tracking
just below the budget
• Commendations of sworn and civilian employees: Chief Kubojiri reported that
since the last meeting they had 7 commendations involving 42 personnel.
Other departmental activities: Chief Kubojiri reported that traffic enforcement on
Saddle Road continues. They are aware that violations occur at all times during the
day and night. They find that motorists will speed until they see a blue light. They
hope for volunteer compliance, but it's not happening. They received complaints
that the police is trying to generate revenue through the citations, but the money
does not go to the police department. They focus in areas where accidents occur.
Contributing factors to traffic fatalities have been speeding, inattention, and sleep.
Regarding impaired driving, toxicology reports have shown pharmaceutical
medications, marijuana, and a combination of both.
Kauai implemented their body camera program, but SHOPO has taken Kauai and
to the Hawaii Relations Board for this. SHOPO believes they should have a mutual
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Regular Session Minutes
January 22, 2016
Page 3
agreement. A majority of police administrators and police officers support the body
worn camera, but the labor unions oppose it. Issues are still ongoing.
Recess was called at 10:37 a.m. The meeting reconvened at 10:55 a.m.
EXECUTIVE SESSION (Closed to the public.)
Commissioner Bertsch 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).
Vice Chair Morioka seconded, and it carried unanimously.
Regular session reconvened at 12:32 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Complaint HPC 15-43: Complainant alleged that during an eviction process, an
officer deprived him of due process. He also complained about his treatment in the
cellblock. Commissioner Bertsch motioned that there was insufficient evidence to
prove the complaint's allegation of misconduct. Commissioner Buckman 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. Commissioner Bertsch motioned
that there was insufficient evidence to prove the complainant's allegation of
misconduct. Commissioner Hendricks seconded, and it carried unanimously.
• Complaint HPC 15-50: Complainant alleged that during a traffic stop, an officer
used profanity against them. Commissioner Bertsch motioned that there was
insufficient evidence to prove the complainant's allegation of misconduct.
Commissioner Gomes seconded, and it carried unanimously.
• Complaint HPC 15-51: Complainant complained about the manner in which an
officer conducted a traffic stop. Commissioner Bertsch motioned that there was
insufficient evidence to prove the complainant's allegation of misconduct.
Commissioner Hilton seconded, and it carried unanimously.
• Complaint HPC 15-52: Complainant complained about the manner in which an
officer handled a domestic situation that her daughter was involved it.
Commissioner Bertsch motioned that there was insufficient evidence to prove the
complainant's allegations of misconduct. Vice Chair Morioka seconded, and it
carried unanimously.
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Regular Session Minutes
January 22, 2016
Page 4
ANNOUNCEMENTS
• Chair Schutte announced that the Police Commission's next monthly meeting will be
on Friday, February 19, 2016, at 9:00 a.m., in the Aupuni Center Conference Room,
101 Pauahi St., Hilo, Hawaii.
• Collection of files and documents. (Done.)
ADJOURNMENT
The meeting adjourned at 12:45 p.m.
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APPROVED BY: GUY SCHUTTE, CHAIR