HomeMy WebLinkAbout2015-11-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES
NOVEMBER 20, 2015
PUNA CONFERENCE ROOM, SUITE 1501
HAWAII COUNTY BUILDING, 25 AUPUNI ST., HILO, HAWAII
CALL TO ORDER
Chair Schutte called the meeting to order at 9:05 a.m.
ROLL CALL
Present: Guy K. Schutte, Chair
John M. Bertsch, Vice Chair
Arthur F. Buckman, Commissioner
Robert G. Gomes, Sr., Commissioner
Peter L. Hendricks, Commissioner
Peggy K. Hilton, Commissioner
Keith T. Morioka, Commissioner
Also present: Marshall Kanehailua, Assistant Chief
Paul Kealoha, Assistant Chief
Henry Tavares, Assistant Chief
Kenneth Bugado, Captain
Belinda Hall, Deputy Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Morioka motioned to accept the agenda. Commissioner Gomes
seconded, and it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.)
APPROVAL OF MINUTES
Commissioner Hendricks motioned to approve the minutes of October 16, 2015, regular
and executive sessions. Commissioner Hilton seconded, and it carried unanimously.
POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES
Including, but not limited to:
• Crime report: Assistant Chief Tavares reported that there were no extreme crime
trends in any of the districts. Assistant Chief Kealoha reported that they worked with
the US Marshalls on felony bench warrants. Area II has a task force focusing on
individuals responsible for property crimes in West Hawaii. The crime status through
October has been reduced which they attribute to people in custody. They have seen
a spike in heroin on the west side of the island. Assistant Chief Kanehailua reported
that as a former vice officer, individuals will not turn over their supplier because they
need it to survive, so it is very difficult to investigate.
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Regular Session Minutes
November 20, 2015
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Traffic report: Assistant Chief Kealoha report that there are no traffic trends. They
have seen an increase in traffic backlog on the Queen K Highway due to the road
construction. They continue to use their stealth equipment.
Personnel report: Assistant Chief Kanehailua reported having 37 sworn vacancies,
but with those in recruit class, it's at 20. Last week they received notice that all
vacancies are to be put on hold. They will be meeting with County HR to review the
critical positions. They anticipate a few ranking officers to retire at the end of this
month. On January 1, SHOPO officers will receive a contractual raise. The increase
is in next year's budget. They have 20 civilian vacancies, most of which are in
dispatch.
• Finance report: Assistant Chief Kanehailua reported that they submitted their budget
for the next fiscal year. It is a status quo budget with supplemental requests. The
only increase is in contractual obligations for SHOPO and HGEA. Supplementals
include the Police Commission's request. In January, he will submit the department's
capital improvement project, some of which are resubmittals from previous years.
Commendations of sworn and civilian employees: Assistant Chief Kanehailua
reported receiving 8 commendations involving 18 personnel since the last commission
meeting. Their CALEA accreditation team is now before the assessment board in
Florida. They will meet with the CALEA board tomorrow. With CALEA, they have to
meet strict standards. It's not cheap, but it allows them to apply for grants and monies
to meet the standards. Vice Chair Bertsch asked that someone make a CALEA
presentation to the commission.
Other departmental activities: Assistant Chief Kanehailua reported that they are
testing two new side arms. They have done body camera trials and have
recommendations. Storage of information is the costly part, and there are union and
privacy issues that need to be addressed.
Recess was called at 10:04 a.m. The meeting reconvened at 10:21 A.M.
EXECUTIVE SESSION (Closed to the public.)
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
Gomes seconded, and it carried unanimously. Executive session convened at 10:23
a.m.
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Regular Session Minutes
November 20, 2015
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Open session reconvened at 2:35 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Request for representation by Corporation Counsel in CV No. 15-1-0266: Vice Chair
Bertsch motioned to approve the request for representation. Commissioner Hilton
seconded, and it carried unanimously.
• Consideration of Complaint HPC 15-35 which was received after the 90 -day filing
deadline. Commissioner Morioka motioned to decline acceptance for investigation.
Commissioner Hendricks seconded, and it carried unanimously.
• Investigation and deliberation of complaints
✓ HPC 15-19: Complainant alleged racism and unprofessional ism by responding
officers. Commissioner Gomes motioned that there was insufficient evidence to
prove the allegations of misconduct. Vice Chair Bertsch seconded, and it carried
unanimously.
✓ HPC 15-20: Complainant alleged that an officer drove recklessly during her traffic
stop. Commissioner Gomes motioned that there was insufficient evidence to
prove the allegations of misconduct. Commissioner Hendricks seconded, and it
carried unanimously.
✓ HPC 15-23: Complainant alleged that officers used excessive force and falsely
detained her. Commissioner Morioka motioned that there was insufficient
evidence to prove the allegations of misconduct. Commissioner Gomes
seconded, and it carried unanimously.
✓ HPC 15-24: Complainant complained about the procedures following his arrest,
and that an officer would not give him the police report. Commissioner Gomes
motioned that there was insufficient evidence to prove the allegations of
misconduct. Commissioner Morioka seconded, and it carried unanimously.
✓ HPC 15-29: Complainant alleged that an officer used excessive force. Vice Chair
Bertsch motioned that there was insufficient evidence to prove the allegations of
misconduct. Commissioner Hilton seconded, and it carried unanimously.
✓ HPC 15-30: Complainant alleged that an officer used excessive force.
Commissioner Hendricks motioned that there was insufficient evidence to prove
the allegations of misconduct. Commissioner Hilton seconded, and it carried
unanimously.
✓ HPC 15-31: Complainant complained that his request for a concealed carry permit
was denied. Vice Chair Bertsch motioned that there was insufficient evidence to
prove the allegations of misconduct. Commissioner Gomes seconded, and it
carried unanimously.
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Regular Session Minutes
November 20, 2015
Page 4
✓ HPC 15-36: Complainant alleged that an officer was confrontational.
Commissioner Buckman motioned that there was insufficient evidence to prove
the allegations of misconduct. Commissioner Hilton seconded, and it carried
unanimously.
✓ HPC 15-37: Complainant complained about the manner in which an officer
conducted an investigation. Commissioner Morioka motioned that there was
insufficient evidence to prove the allegations of misconduct. Commissioner
Buckman seconded, and it carried unanimously.
✓ HPC 15-38: Complainant alleged that an officer put wrong information on a traffic
citation. Commissioner Gomes motioned that there was insufficient evidence to
prove the allegations of misconduct. Vice Chair Bertsch seconded, and it carried
unanimously.
✓ HPC 15-39: Complainant alleged that nothing is being done about his assault.
Commissioner Hilton motioned that there was insufficient evidence to prove the
allegations of misconduct. Commissioner Gomes seconded, and it carried
unanimously.
✓ HPC 15-40: Complainant alleged that an officer speaking to him was harassment,
and that another officer lied to him. Commissioner Hilton motioned that there was
insufficient evidence to prove the allegations of misconduct. Commissioner
Buckman seconded, and it carried with a nay from Vice Chair Bertsch.
✓ HPC 15-41: Complainant alleged that an officer was rude and unprofessional.
Vice Chair Bertsch motioned that there was insufficient evidence to prove the
allegations of misconduct. Commissioner Morioka seconded, and it carried
unanimously.
✓ HPC 15-42: Complainant alleged that an officer did not log down that his lost
wallet was turned in and no one called him about it. Commissioner Hilton
motioned to refer the complaint to the Police Chief for further investigation. Vice
Chair Bertsch seconded, and it carried unanimously.
✓ HPC 15-45: Complainant alleged that an officer did not take his report of a
neighbor's bad driving. Commissioner Buckman motioned that there was
insufficient evidence to prove the allegations of misconduct. Commissioner
Morioka seconded, and it carried unanimously.
✓ HPC 15-46: Complainant alleged that officers didn't do anything about his
complaint of a neighbor's bad driving, and a ranking officer did not call back. Vice
Chair Bertsch motioned that there was insufficient evidence to prove the
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Regular Session Minutes
November 20, 2015
Page 5
allegations of misconduct. Commissioner Morioka seconded, and it carried
unanimously.
ANNOUNCEMENTS
• Chair Schutte announced that the Police Commission's next monthly meeting will be
on Friday, December 18, 2015, 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 was adjourned at 2:50 p.m.
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APPROVED BY: GUY K. SCHUTTE, CHAIR