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HomeMy WebLinkAbout2016-02-19 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 19, 2016 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Vice Chair Morioka called the meeting to order at 9:26 a.m. ROLL CALL Present: Guy Schutte, Chair (arrived at 9:27 a.m Keith Morioka, Vice Chair John Bertsch, Commissioner Arthur Buckman, Commissioner Peggy Hilton, Commissioner Peter Hendricks, Commissioner Jak Hu, Commissioner Absent: Robert Gomes, Sr., Commissioner A quorum was present. Also Present: Harry Kubojiri, Police Chief Paul Ferreira, Deputy Chief Henry Tavares, Assistant Chief Mitchell Kanehailua, Major Kenneth Bugado, Captain Danny Patel, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Bertsch motioned to approve the agenda. Commissioner Hendricks seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES Commissioner Bertsch motioned to approve the minutes of January 22, 2016, regular and executive sessions. Commissioner Buckman seconded, and it carried unanimously. COMMUNICATIONS (Chair Schutte conducted the meeting at this point.) No. 16-01: Annual Misconduct Report to the State Legislature from Police Chief Kubojiri. No. 16-02: Invitation from the Maui Police Commission to the 2016 State of Hawaii Police Commissioners' Conference March 30-31, 2016. Hawaii Police Commission Regular Session Minutes February 19, 2016 Page 2 Vice Chair Morioka motioned to accept the communications. Commissioner Hilton seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES Crime report: Assistant Chief Tavares reported having 5,416 serious crimes in January. The Criminal Investigation Units investigated 1,252 of these cases. They had 8,926 calls for services. There was an increase in unauthorized entry of vehicles in Kona. • Traffic report: Assistant Chief Tavares distributed and explained a statistical report on their stealth traffic recorder. From this report, they learned that the most traveled time on Saddle Road is about 7:00 a.m. The majority of traffic travels at about 55-60 mph. The largest number of citations are issued between 6:30 a.m. and 7:00 a.m. Major Kanehailua reported that traffic crashes increased from last year. In January, 5,208 citations were issued: 3,577 moving/regular, 356 seatbelt, 39 child restraint, and 1,236 speeding. • Personnel report: Deputy Chief Ferreira reported that they now have 17 recruits in training. On March 24, they will have 24 sworn vacancies. They plan to start a new recruit class in March with 22 officers. They have 26 civilian vacancies. • Finance report: Deputy Chief Ferreira reported that salaries and wages are very close to the budget at 61.5%. • Commendations of sworn and civilian employees: Chief Kubojiri reported having 5 commendations involving 5 personnel since the last commission meeting. • Other departmental activities: Chief Kubojiri reported that the current firearms the department uses is no longer in production, and they are testing new firearms. Commissioner Bertsch stated that a few months ago, the Chief submitted a memo on Salary Discrepancy. Chair Schutte stated that they will look into it. Recess was called at 10:05 a.m. The meeting reconvened at 10:29 a.m. EXECUTIVE SESSION (Closed to the public.) Vice Chair 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 Hawai'i County Charter Section 13-20 (b). Commissioner Hawaii Police Commission Regular Session Minutes February 19, 2016 Page 3 Bertsch seconded, and it carried unanimously. Executive session convened at 10:30 a. m. Regular session reconvened at 10:50 a.m. Deputy Corporation Counsel Patel announced that all complainants requested to be heard in open session. INVESTIGATION AND DELIBERATION OF COMPLAINTS Complaint HPC 16-01: Complainant Joseph Pierce was arrested for disorderly conduct. He alleged that Police Chief Harry Kubojiri failed to uphold human rights and dignity of the department. Mr. Pierce came before the commission. He requested an open session. He stated that this is over a freedom of speech protest. Police Commission civilian review boards do not have any teeth. He was arrested because he mentioned on the street that there are only 400 police on this island and 200,000 people and just one 3D printer and one machine mill could turn that all around. He spoke of things not on his written complaint. Complaint HPC 16-02: Complainant was arrested for causing a disturbance on an airplane. She alleged that officers laughed at her and used too much strength on her. Complainant did not attend this meeting. Paul Patnode came before the commission. He stated that he is the husband of the complainant. He stated that she was mistreated by airport security. The police refused her asthma medicine. Officers laughed at her when they found his photo on Facebook. The prosecutor said she refused to get off the airplane. The airplane refused to give her a translator. Hawaiian Airlines refused to take responsibility. He was waiting in the parking lot when this happened. Complaint HPC 16-03: Complainant Allen Abdul alleged that during his arrest, an officer would not give his badge number and would not allow him to secure his property. Mr. Abdul came before the commission and requested an open session. He stated that he was assaulted by police in his home. They entered his property without a warrant. He asked them to get off his property. He wanted to close his gate. The officer grabbed his hand and twisted it behind his back. He is an American citizen and was treated badly because of his name. • Complaint HPC 16-04: Complainant alleged that he was assaulted, that the police coerced him to not file a complaint, and then it took too long to file the complaint. Complainant did not attend the meeting. Complaint HPC 16-05: Complainant alleged that an officer issued her a citation at a co-worker's request. Complainant did not attend the meeting. Hawaii Police Commission Regular Session Minutes February 19, 2016 Page 4 Complaint HPC 16-06: Complainant Hope Cermelj alleged that an officer threatened to impound her vehicle for not having the proper license plates. Ms. Cermelj came before the commission and stated that she was pulled over for having sovereignty plates. She wrote the wrong name as the accused on her complaint. The officer's name is Nactor. The officer said he would impound her car because she didn't have proper plates. She is not a U.S. citizen anymore. On her insurance it says she is in the Kingdom of Hawaii. The Kingdom of Hawaii is a neutral country. She did nothing wrong but drive her car on the road. Complaint HPC 16-07: Complainant Mary Alexander alleged that during her arrest, an officer used force on her. Ms. Alexander came before the commission and stated that she was driving from Pahoa to Kona. A Forerunner pulled in front of her in the 55. She could see the farthest vehicle for almost 20 miles. It was a very windy section of road that goes from 55 to 45 to 35. It's a crazy road. She saw this vehicle with many car lengths between them, 10 to 20 to 30. He starts going over on the shoulder. He didn't correct, so she passed. She straddled the center line and didn't have to go into the other lane. As soon as she passed, he was right on her tail with his fist out the window. At one point she saw his whole torso out the window, and he was shaking his fist. It looked like he wanted her to pull over. She drove another two miles and pulled onto the shoulder. She turned off her truck and walked over to him with her hands up. Before she could say anything, she was on the ground. He jumped on her on the asphalt and dragged her. He tried to put cuffs on her. He waited for backup. Her ribs and shoulders were bruised. She has scars on her elbows and knees. New officers came, and she never saw him again. An ambulance came, and they told the officers to take her to the hospital. She doesn't know why the officer did that to her. She may have been swerving into the shoulder lane. She still has pain and nerve issues. Complaint HPC 16-08: Complainant Collin Kerrigan alleged that during his arrest, an officer used excessive force, and that he was not given medical attention in the cellblock. Mr. Kerrigan came before the commission, and stated that when he was arrested, he laid down on the ground and said he surrender. The cops used excessive force when they arrested him, putting their knees in his back. He ended up breaking his ribs. While in lockup at the police station from Wednesday night to Monday morning, he asked three times a day if he could see a medical person because his side was really hurting. He never got any kind of medical attention. He got ignored. He went to court on Monday. He went to the hospital on Wednesday. They told him he had broken ribs. He didn't fall or trip or hurt himself in anyway prior to being arrested. Seeing that Dannette Godines was present at the meeting, Chair Schutte asked her why she was there. Ms. Godines stated that she was there for moral support. She also stated that the commission would be getting a complaint from her for being held at gunpoint during a traffic stop. Hawaii Police Commission Regular Session Minutes February 19, 2016 Page 5 EXECUTIVE SESSION (Closed to the public.) Vice Chair 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 Bertsch seconded, and it carried unanimously. Executive session convened at 11:40 a. m. Open session reconvened at 12:43 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints ✓ HPC 16-0: Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Morioka seconded, and it carried unanimously. ✓ HPC 16-02: Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Morioka seconded, and it carried unanimously. ✓ HPC 16-03: Vice Chair Morioka motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Bertsch seconded, and it carried unanimously. ✓ HPC 16-04: Commissioner Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hilton seconded, and it carried unanimously. ✓ HPC 16-05: Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Hendricks seconded, and it carried unanimously. ✓ HPC 16-06: Commissioner Buckman motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Bertsch seconded, and it carried unanimously. ✓ HPC 16-07: 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 February 19, 2016 Page 6 ✓ HPC 16-08: Commissioner Bertsch motioned to refer the complaint to the Police Chief for further investigation. Commissioner Hilton seconded, and it carried with a Nay vote from Vice Chair Morioka. ANNOUNCEMENTS • Chair Schutte announced that the Police Commission's next monthly meeting will be on Friday, March 18, 2016, at 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. Chair Schutte presented a certificate of appreciation from Mayor Kenoi to Commissioner Hilton for her service on the commission. She resigned, and this was her last meeting. • Collection of files and documents (done). ADJOURNMENT The meeting adjourned at 12:46 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: GUY SCHUTTE, CHAIR