HomeMy WebLinkAbout2016-06-17 Police Commission Regular MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES
JUNE 17, 2016
AUPUNI CENTER CONFERENCE ROOM
101 PAUAHI STREET, HILO, HAWAII
CALL TO ORDER
Chair Schutte called the meeting to order at 9:09 a.m.
ROLL CALL
Present: Guy Schutte, Chair
Keith Morioka, Vice Chair
Arthur Buckman, Commissioner
Robert Gomes, Sr., Commissioner
Peter Hendricks, Commissioner
Absent: Jak Hu, Commissioner
(A quorum was present.)
Also Present: Harry Kubojiri, Police Chief
Paul Ferreira, Deputy Police Chief
Paul Kealoha, Assistant Chief
Marshall Kanehailua, Assistant Chief
Henry Tavares, Assistant Chief
Jennifer Ng, Deputy Corporation Counsel
Josie Pelayo, Secretary
APPROVAL OF AGENDA
Commissioner Hendricks motioned to approve the agenda. Commissioner Gomes
seconded, and it carried unanimously.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Correspondence 16-04: Council Member Greggor (lagan requested a discussion on the
Police Commission's Rule 9, Processing of Complaints. Council Member (lagan came
before the commission. He stated that he wants to talk about Rule 9. He also wants to
talk about an additional substation for Puna and a task force to address property crimes
including agricultural theft. He will send in information for a future agenda item. Due to a
misunderstanding, he did not speak about Rule 9.
APPROVAL OF MINUTES
• February 19, 2016, regular and executive sessions: Vice Chair Morioka motioned to
approve the minutes. Commissioner Hendricks seconded, and it carried
unanimously.
CORRESPONDENCE
• 16-03: Party made a complaint but refused to have it notarized. She complained
about how police officers responded to her calls of someone in a lava tube under the
concrete slab of her house. Party was not present, and there was no discussion.
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Regular Session Minutes
June 17, 2016
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• 16-04: Council Member Greggor Ilagan requested a discussion on the Police
Commission's Rule 9, Processing of Complaints. See "Statements from Public."
• 16-05: Invitation to the Hawaii State Law Enforcement Conference September 7-9,
2016, hosted by the Kauai Police Department. No discussion.
16-06: Request for representation by Corporation Counsel for Officer Roberto
Segobia in Civil No. 16-1-0159. Vice Chair Morioka motioned to approve
representation by Corporation Counsel. Commissioner Gomes seconded, and it
carried unanimously.
Vice Chair Morioka motioned to accept and file all correspondence. Commissioner
Hendricks seconded, and it carried unanimously.
POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES
Including, but not limited to:
• Crime Report: Assistant Chief Tavares reported that up through May 31, 2016, they
had 7,760 serious crimes. In a four-day period, they had eight burglaries in Puna,
which is extremely high, but not a trend. Kona had a decrease in unauthorized entries
of motor vehicles. Patrol and CPOs continue to share information, and they have
increased police presence. Ag theft dollar value is categorized differently from
property crime, and overall, property crime is greater. AC Kealoha stated that they
have issues in Kona with theft of coffee and avocado.
• Traffic Report: Assistant Chief Kealoha reported receiving 8,414 calls for service in
May. Up to May, they had 16 traffic fatalities compared to 14 last year. This includes
7 DUI fatalities compared to 3 last year. In May, 5,051 citations were issues. Due to
complaints of speeding in Hawaiian Paradise Park, they ran the stealth monitor. The
average speed was up to 48 mph in the 35 mph zone during after work hours
between 5:00 and 7:00 p.m. They had complaints about speeding in Puako, and the
stealth monitor showed the average speed to be below the speed limit.
Personnel Report: Assistant Chief Kanehailua reported that they foresee a number of
retirements toward the end of the year. Their current recruitment started with over
534 applicants, of which 518 met the minimum requirements, and 92 passed the
written and agility tests. They are screening the 92 applicants for 20 positions. They
hope to start the class at end or beginning of the year. Their current recruit class
started with 19; they now have 17. They have reached out into the community to fill
the school crossing guard positions, but it is difficult to fill because it is only for two
hours a day, one in the morning and one in the afternoon. They conducted interviews
for the 6 radio dispatcher vacancies. They hope to make a selection for the firearms
registration clerk next week.
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Regular Session Minutes
June 17, 2016
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Finance Report: Assistant Chief Kanehailua reported that expenditures are under
budget. The Mayor signed off on the new fiscal year budget. They are transitioning
to a Glock 9 mm which is in the budget and will show a savings. The purchase will
include holsters and a buy-back program.
Commendations of Sworn and Civilian Employees: Chief Kubojiri reported having 38
commendations since the last commission meeting.
Other Departmental Activities: Chief Kubojiri told the commission that they are
representatives of the community who hear complaints and what the police
department can improve on, but he doesn't know what the issues are. They have had
community meetings in every district, but what they think is important might not be to
the community there. He asked for the commission's help in understanding their
community and building better relationships. They want to know about problems in
the community and how they can rectify the problems and keep the community safe.
He asked that they work together beyond hearing complaints.
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 Hawai'i Police Department; and to consider sensitive matters relating
to public safety pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawai'i County Charter
Section13-20 (b). Vice Chair Morioka seconded, and it carried unanimously. Executive
session convened at 10:05 a.m.
Regular session reconvened at 2:50 p.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Consideration and Investigation of Complaints
✓ HPC 16-10: Complainant alleged that a dispatcher purposely failed to dispatch
officers to his family home. 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 16-12A, B, C: Complainants complained about how officers handled their
traffic stop when someone reported that someone was waving a firearm in a
vehicle. Vice Chair Morioka motioned to refer the complaint to the Police Chief for
further investigation and to address concerns discussed in executive session.
Commissioner Hendricks seconded, and it carried unanimously.
✓ HPC 16-13: Complainant alleged that officers did not intervene in a government
land auction when she made allegations of a crime. The complaint was received
after the 90 -day filing deadline. Commissioner Hendricks motioned to decline
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Regular Session Minutes
June 17, 2016
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investigation due to the 90 -day rule. Commissioner Buckman seconded, and it
carried unanimously.
✓ HPC 16-14: Complainant alleged that when she complained at the Hilo police
station about a government land auction violating HRS 172-11, the police didn't
know anything about that HRS. Vice Chair Morioka motioned that there was
insufficient evidence to prove the complainant's allegations of misconduct.
Commissioner Hendricks seconded, and it carried unanimously.
✓ HPC 16-15: Complainant complained about responses she received from the
police when she asked about neck strikes on females and juveniles.
Commissioner Hendricks motioned that there was insufficient evidence to prove
the complainant's allegations of misconduct. Commissioner Gomes seconded,
and it carried unanimously.
✓ HPC 16-16: Complainant alleged that the police refused to take her complaint
about a Trust having possession of sugar lands. Commissioner Hendricks
motioned that there was insufficient evidence to prove the complainant's
allegations of misconduct. Commissioners Gomes seconded, and it carried
unanimously.
✓ HPC 16-17: Complainant asked for an officer's resignation but made no specific
complaint against the officer. Commissioner Buckman motioned that there was
insufficient evidence to prove the complainant's allegations of misconduct. Vice
Chair Morioka seconded, and it carried unanimously.
✓ HPC 16-21: Complainant complained about how officers handled her traffic stop.
The complaint was received after the 90 -day filing deadline. Vice Chair Morioka
motioned to accept the complaint for investigation. Commissioner Hendricks
seconded, and it carried unanimously.
✓ HPC 16-22: Complainant alleged that he was arrested for a made-up charge.
The complaint was received after the 90 -day filing deadline. Commissioner
Buckman motioned to decline investigation due to the 90 -day rule. Vice Chair
Morioka seconded, and it carried unanimously.
✓ HPC 16-23: Complainant alleged that an officer assaulted and kidnapped him.
Vice Chair Morioka motioned that there was insufficient evidence to prove the
complainant's allegations of misconduct. Commissioner Hendricks seconded, and
it carried unanimously.
✓ HPC 16-25: Complainant alleged that an officer refused to take her complainant
against another officer. Commissioner Gomes motioned that there was insufficient
evidence to prove the complainant's allegations of misconduct. Commissioner
Hendricks seconded, and it carried unanimously.
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Regular Session Minutes
June 17, 2016
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✓ HPC 16-26: Complainant alleged that an officer denied her access to her medical
marijuana. Vice Chair Morioka motioned to refer the complaint to the Police Chief
for further investigation and to address concerns discussed in executive session.
Commissioner Buckman seconded, and it carried unanimously.
ANNOUNCEMENTS
• Chair Schutte announced that the Police Commission's next monthly meeting will be
on Friday, July 15, 2016, at 9:00 a.m., West Hawaii Civic Center, Building G
Conference Room, 75-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii.
• Collection of files and documents. (Done.)
ADJOURNMENT
The meeting adjourned at 3:00 p.m.
SUBMITTED BY:
APPROVED:
JOSIE PELAYO, SECRETARY
GUY SCHUTTE, CHAIR