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HomeMy WebLinkAbout2017-04-21 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES APRIL 21, 2017 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Morioka called the meeting to order at 9:04 a.m. ROLL CALL Present: Keith Morioka, Chair Peter Hendricks, Vice Chair Arthur Buckman, Commissioner Wayne De Luz, Commissioner Jak Hu, Commissioner Paul Paiva, Commissioner Absent: Carl Carlson, Commissioner Robert Gomes, Commissioner A quorum was present. Also Present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief Mitchell Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Burt Shimabukuro, Captain Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Vice Chair Hendricks motioned to approve the agenda. Commissioner Paiva seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES March 17, 2017, regular and executive sessions: Vice Chair Hendricks motioned to approve the minutes with the correction that Commissioner Paiva was present. Commissioner De Luz seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES Including, but not limited to: • Crime Report: Assistant Chief Henry Tavares reported that up through March 31, there were 5,430 serious crimes. The Criminal Investigation Unit investigated 1,172 of these crimes. Patrol investigated the others. They was a slight increase in burglaries in Hilo and Kona. They are addressing this with increased patrol, especially in Hawaiian Paradise Park. For the month of March, they received 8,837 Hawaii Police Commission Regular Session Minutes April 21, 2017 Page 2 calls for service, 2,720 for criminal/traffic and 6,117 for miscellaneous public assistance. • Traffic Report: Assistant Chief Mitchell Kanehailua reported that fiscal year to date, there were 1,045 traffic crashes, 28 traffic fatalities, 17 DUI fatalities, and 877 DUI arrests. For the month of March, 5,841 citations were issued: 3,732 moving/regulatory, 552 seat belt, 67 child restraint, and 1,490 for speeding. Increase in DUI arrests could be attributed to their drug recognition training. • Personnel Report: Chief Ferreira reported having 14 sworn and 23 civilian vacancies which includes school crossing guards. The current recruit class started with 14 personnel and is now down to 9. Finance Report: Chief Ferreira reported that salaries and wages are at 79% of budget. Their new budget remains status quo with cuts in overtime. They did not ask for any new positions. They do not have funds for new vehicles or for repairs. All stations need repairs which is done by DPW, but everything depends on available funds. County -wide, all facilities are lacking maintenance. The longer they put it off, the more it will cost. The estimated cost to repair the Hilo station is in the range of $200,000; lead is a concern. Commendations of Sworn and Civilian Employees: Chief Ferreira reported receiving 5 commendations since the last meeting. Other Departmental Activities: Chief Ferreira reported that the recruit graduation will be held on July 15. They will have police week ceremonies on May 15-16. The 86th recruit class will start on May 16. CONSIDERATION AND INVESTIGATION OF COMPLAINT • HPC 17-08: Complainant alleged that he was unlawfully arrested and detained. He also alleged that the police did not properly investigate his complaint and his son's complaint. The officer requested to be heard in open session. CAPTAIN SAMUEL JELSMA came before the commission in open session. He swore to tell the truth. He responded to the complaint and questions from the commissioners. He stated that he feels this is a frivolous complaint and wants it to be a public record. He stated that on the 26th of January, it was alleged that John Rodrigues, retired police detective, went to a tree trimmer jobsite and threatened one of a workers. It was described that he had a rifle; he had a shotgun. It continued where he ended up at a residence. He heard the initial call that a male party had been threatened, and the suspect had left. Later, there was a call that a person was driving around HPP threatening people. Everybody headed to that location. A task force was also in HPP. Officers were off on 3rd Avenue in HPP. When he got to the scene, he didn't know who was involved. There was a gray pickup on the site. Officers were on the scene. There was an individual who was Hawaii Police Commission Regular Session Minutes April 21, 2017 Page 3 going off, swearing, jumping up and down. He was trying to figure out what was going on. A female was saying why you pulling a gun on my nephew. He recognized the individual as a recently retired police officer, Keoni Rodrigues. She said he pointed a gun. He asked if he had a gun in his vehicle. He said, "Yes." His presence was agitating the resident, so they told him to drive his vehicle away, off to the side. The resident said he didn't know who that individual was. A shotgun and 9 mm pistol was recovered from the vehicle. He was trying to explain. He said he made cases in Hilo, and that if the police took action, he wouldn't have to take action. He didn't know anything about it and told Rodrigues he knows how it works, and he should have talked to the supervisor and worked up the chain. He was informed that Lt. Greg Esteban would be at the scene. At that point, he told Mr. Rodrigues, they were still trying to figure out what was going on. He asked Rodrigues if he was willing to drive to the station. He said, "Yes." He told him there was an individual related to the case at the station. At the station, he asked Rodrigues if he wanted to drink; he didn't. Sergeant Tingle asked if anyone patted him down, since he did have firearms. They patted him down. At this time, it was a holding pattern. A second person came in and was adamant he wanted to pursue the case. Detectives came out, Rodrigues was subsequently placed under arrest and released pending investigation. Captain Jelsma further stated that he went over Rodrigues's complaint. In it, he said he informed Jelsma about cases he made. He didn't know anything about them. Brooks said he would kill his son with an AK -47. He ran his son's name and Brook's name. The only connection he had was that his son made a complaint that morning. In that report, it was a harassment complaint. There was no mention about a firearm. There was bad blood about someone getting fired. He did not find any report relating to these cases. He ran Officer Kihara's workload from January to December. There were no cases; only MP. His son made a complaint about this guy going to his job site and burning rubber. He couldn't find the police reports Rodrigues talked about. Regarding Rodrigues statement that he could not leave, it is not true. He could have left anytime. Essentially, if he got up and left, he could. No one would arrest him. He said he is authorized to carry a firearm because he is a retired police officer in good standing, and has the right to have these firearms. He refers to the Brady Law. The Brady Law is a 5 -day waiting period. An individual has to apply to carry. Since his statements are wrong, it shows he didn't go through the process. He was not the arresting officer, and he did not give the media release. He was arrested by the investigating detectives. The arrest report is public information. If someone is under arrest, they wouldn't have that person drive himself to the station. Commissioner De Luz stated that Rodrigues's son filed a report that morning. He seemed to justify his actions by the inaction of others. Hawaii Police Commission Regular Session Minutes April 21, 2017 Page 4 Captain Jelsma stated that at about the same time this incident was going on, his son was at the station. He could not find any cases. The person he had the confrontation with filed a complaint. Rodrigues called and told the dispatcher that shots were being fired. It was odd that he was being shot at, and he was calm. The women on the property was going off. When he got there, he found that Rodrigues was the one who actually called them there. He was driving around and followed the other vehicle to that house. He called dispatcher saying shots were fired. Commissioner De Luz told Captain Jelsma that he was not the arresting officer, and he took proper procedures with loaded firearms. He questioned why the complaint was filed against him. Chair Morioka stated that Mr. Rodrigues requested a deferral to next month. (Jelsma exited.) Recess was called at 10:01 a.m. The meeting reconvened at 10:13 a.m. EXECUTIVE SESSION Commissioner Hu 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, discuss the police chief's program of work as it relates to his evaluation, 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). Vice Chair Hendricks seconded, and it carried unanimously. Executive session convened at 10:15 a.m. Open session reconvened at 11:09 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence No. 17-05: Request for legal counsel for Officer Carrie Akina: Vice Chair Hendricks motioned to approve legal counsel. Commissioner Paiva seconded, and it carried unanimously. Consideration and Investigation of Complaints ✓ HPC 17-08: Complainant alleged that he was unlawfully arrested and detained. He also alleged that the police did not properly investigate his complaint and his son's complaint. Commissioner De Luz motioned to continue the complaint to the next meeting. Commissioner Hu seconded, and it carried unanimously. ✓ HPC 17-09: Complainant asked why the police is profiling him, why a GPS has been implanted in his body, why his cell phone and computer are being controlled, and why he is being harassed on a daily basis. Commissioner Paiva motioned to decline any further investigation because the complaint is Hawaii Police Commission Regular Session Minutes April 21, 2017 Page 5 speculative or hypothetical and not based on facts. Commissioner Hu seconded, and it carried unanimously. ✓ HPC 17-10: Complainant alleged that her civil rights were violated when the police took her child into protective custody. She filed the complaint six months after the date of the incident, which is beyond the 90 -day filing period. The commission only considered the reasons for her late -filing and whether or not to accept the complaint for investigation. Commissioner De Luz motioned to decline investigation. Vice Chair Hendricks seconded, and it carried unanimously. ✓ HPC 17-11: Complainant alleged that an officer was rude and sarcastic during her arrest. Commissioner Paiva motioned to refer the complaint to the Police Chief for further investigation. Commissioner Hu seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Morioka announced that the Police Commission's next meeting will be or Friday, May 19, 2017, at 9:00 a.m. in the West Hawaii Civic Center, Building G Conference Room, Kailua-Kona, Hawaii. • Collection of files and documents. (Done.) ADJOURNMENT Vice Chair Hendricks motioned to adjourn. Commissioner Paiva seconded, and it carried unanimously. The meeting adjourned at 11:13 a.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: KEITH MORIOKA, CHAIR