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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 Hawaii Police Commission 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 Hawaii Police Commission 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. Hawaii Police Commission 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