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Home My WebLink About2017-02-17 Police Commission Regular MinutesHAWAII POLICE COMMISSION FEBRUARY 17, 2017 REGULAR SESSION MINUTES AUPUNI CENTER CONFERENCE ROOM CALL TO ORDER Chair Morioka called the meeting to order at 9:05 a.m. ROLL CALL Present: Keith Morioka, Chair Arthur Buckman, Commissioner Carl Carlson, Commissioner Robert Gomes, Sr., Commissioner Guy Schutte, Commissioner Absent: Wayne De Luz, Commissioner Peter Hendricks, Commissioner Jak Hu, Commissioner Paul Paiva, Commissioner A quorum was present Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Police Chief Marshall Kanehailua, Assistant Chief Mitchell Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Rio Amon Wilkins, Detective Malia Ho, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner Gomes motioned to approve the agenda. Commissioner Schutte seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES • January 20, 2017, regular and executive sessions: Commissioner Schutte motioned to approve the minutes with a non -substantive correction to the regular session minutes. Commissioner Carlson seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: • Crime Report: AC Tavares reported that up through January 31, 2017, there were 4,332 serious crimes. The Criminal investigation Units investigated 945 of those cases. There were no trends of concern. AC Mitchell Kanehailua reported an Hawaii Police Commission Regular Session Minutes February 17, 2017 Page 2 increase in robberies in Kona involving homeless individuals. Most robberies have been resolved by identifying the suspects. A bank robbery in Captain Cook was quickly resolved with help from the FBI. Auto thefts involved people driving from Hilo to Kona. CPOs and patrol are addressing this issue with a task force. A detective was assigned full-time to burglaries in Ocean View. Toyota trucks are high on their theft list. Traffic Report: AC Mitchell Kanehailua reported that up to February 6, they had 834 crashes, 24 fatalities, 12 DUI fatalities, and 682 DUI arrests. For the month of January, 5,284 citations were issued: 3,584 moving /regulatory, 404 seatbelt, 21 child restraint, and 1275 speeding. No trends were identified in either West or East. Fatalities in the Kona district are being addressed by increased enforcement efforts. The Chief's office is trying to get more public awareness with more press releases. Personnel Report: AC Marshall Kanehailua reported that the 85th recruit class has 11 members. With the recruits, they now have 12 vacancies. They are screening for the 86th recruit class. They are working on promotions for PO III, sergeants, lieutenants, and captain. They have 10 dispatcher vacancies and one for secretary to the Deputy Chief. Their Public Relations Specialist will retire at the end of the month. • Finance Report: They are transitioning to the Glock firearm. They will do a lease option, and with the buy-back program, will save $100,000. Finance Report: Cuts were made in overtime for this fiscal year's budget. They need to tighten up accidents on subsidized vehicles, and this is being addressed with disciplinary action. Insurance increased 100%. They need to look at repairs for their fleet program, but they do not have funding for repairs. They are looking at replacement or retiring these vehicles. There are a lot of things that need to be repaired at the stations. They look at every grant opportunity. They are looking for land in the Kea`au town area from the Humane Society to Kamehameha School for a new Puna station. • Commendations of Sworn and Civilian Employees: Chief Ferreira reported receiving six commendations involving 23 personnel since the last meeting. Other Departmental Activities: Chief Ferreira reported that their budget hearing will be held on April 12, 1:30 p.m. in the Council Chambers in Hilo. Public statements will be taken at the beginning of the meeting. They were told again to make additional cuts. Commissioner Gomes retired from the Reserve Program after 50 years of service in the Police Department. NEW BUSINESS • House Bill 682 and Senate Bill 520 that amends the composition of the county police commissions: Ms. Ho was asked to draft a letter to the Chairs of the Judiciary and Hawaii Police Commission Regular Session Minutes February 17, 2017 Page 3 Ways and Means Committees expressing the commission's position against the bills. Commissioner Carlson asked that she get input from the Administration first and then opine on legal issues and how it would affect the commission. Ms. Ho stated that she will confer with the Mayor. The usual procedure is for Corp Counsel to review or draft correspondence, but it comes from the commission. EXECUTIVE SESSION Commissioner Gomes motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawaii Police Department, to consider sensitive matters relating to public safety, and may consult with Corporation Counsel on questions and issues pertaining to the commission's powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawaii County Charter Section 13-20 (b). Commissioner Schutte seconded, and it carried unanimously. Executive session convened at 10:12 a.m. Regular session reconvened at 12:45 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence No. 17-02: Request for legal counsel for former Officer Jody Buddemeyer. Commissioner Schutte motioned to continue this matter to the next meeting. Commissioner Carlson seconded, and it carried unanimously. Consideration and Investigation of Complaints ✓ HPC 16-49: Complainant alleged that an unidentified officer drove in excess of 70 mph. He also complained about how another officer responded to him when he complained about this. Commissioner Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. ✓ HPC 16-50: Complainant alleged that there were discrepancies in his police reports. The complaint was received more than two years from the date of the incident. Commissioner Schutte motioned to decline investigation of the complaint due to the 90 -day rule. Commissioner Carlson seconded, and it carried unanimously. ✓ HPC 16-51: Complainant alleged that two officers drove in excess of 70 mph. Commissioner Schutte motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Buckman seconded, and it carried unanimously. ✓ HPC 17-01A & B: Complainant alleged that six unidentified officers used excessive force during his arrest. Commissioner Schutte motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Carlson seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 17, 2017 Page 4 ✓ HPC 17-02: Complainant complained that officers called a tow truck to move his vehicle from blocking the roadway. Commissioner Carlson motioned to continue the complaint to the next meeting as requested by the complainant. Commissioner Schutte seconded, and it carried unanimously. ✓ HPC 17-03: Complainant complained about difficulties she had in trying to give the police information on a house that burned down. Commissioner Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Gomes seconded, and it carried unanimously. ✓ HPC 17-05: Complainant alleged that an officer physically attacked her. The complaint was received after the 90 -day filing deadline. Commissioner Schutte motioned to decline investigation due to the 90 -day rule. Commissioner Buckman seconded, and it carried unanimously. ✓ HPC 17-06: Complainant alleged that an officer threatened to arrest her when she refused to provide information to the officer who was responding to a call of her walking eight unleashed dogs. Commissioner Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Carlson seconded, and it carried unanimously. ✓ HPC 17-07: Complainant alleged that an officer's report did not have correct information. Commissioner Schutte motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Carlson seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Morioka announced that the Police Commission's next monthly meeting will be on Friday, March 17, 2017, at 9:00 a.m. in the West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. • Collection of files and documents. (Done.) ADJOURNMENT Commissioner Carlson motioned to adjourn. Commissioner Schutte seconded, and it carried unanimously. The meeting adjourned at 12:52 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: KEITH MORIOKA, CHAIR