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HomeMy WebLinkAbout2017-06-16 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 16, 2017 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Morioka called the meeting to order at 9:02 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 Also present: Paul Ferreira, Police Chief Marshall Kanehailua, Assistant Chief Mitchell Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Burt Shimabukuro, Captain Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Commissioner De Luz motioned to approve the agenda. Commissioner Paiva seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES • Vice Chair Hendricks motioned to approve the minutes of May 19, 2017, regular and executive sessions. Commissioner Paiva 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, there were 6,924 serious crimes. The Criminal Investigative Units investigated 1,423 of these crimes. For the month of May, the Department received 9,405 calls for service. Crime trends showed an increase in auto thefts; suspects were identified. Hamakua had an increase in property crimes; suspects were identified. Puna had an increase in property crimes including rental vehicles. They are working with the Hawaii Police Commission Regular Session Minutes June 16, 2017 Page 2 Neighborhood Watches and increased patrol. South Kohala had an increase in burglaries; suspects are juveniles. Kona had an increase in burglaries and unauthorized entry of motor vehicles which is the usual for summertime. Burglars in Hawaiian Ocean View have targeted vacant homes. They are working with the Neighborhood Watches and increased patrol. • Traffic Report: Assistant Chief Mitchell Kanehailua reported that for the fiscal year, they had 1,297 traffic crashes, 39 traffic fatalities, 18 DUI fatalities, and 1,062 DUI arrests. They are concentrating on traffic enforcement during peak commuting times. • Personnel Report: Assistant Chief Marshall Kanehailua reported having five sworn vacancies. The 85th recruit class started with 14, and yesterday they graduated with only 6 remaining. PO I recruitment is scheduled for later this year. PO III selections will be made soon, as will the promotions for sergeants. The dispatch class started with 10, they are now down to 5. They continue having difficulty retaining dispatchers due its 24/7 operation, the nature of the job, and family issues. There is a lot of burnout due to overtime. Dispatchers have to take up the slack with vacancies. They have 14 school crossing guard vacancies across the island. Oftentimes, the schools will recruit the guards for vacancies within the school. They are in discussions on motivating people to apply for the position. They try to cover the major intersections. Records has two vacancies. • Finance Report: Assistant Chief Marshall Kanehailua reported that they were given $600,000 to replace their aging fleet. They are $1.3 million over their overtime budget. Funds for the vacant positions have helped. • Commendations of Sworn and Civilian Employees: Chief Ferreira thanked the commissioners for attending the commanders' meeting and recruit graduation. He reported receiving 7 commendations involving 11 personnel. • Other Departmental Activities: Chief Ferreira reported that they have tried turning over the school crossing guards to the DOE, but they don't want it. They are over their overtime budget and are looking for areas where they can transfer funds to Salaries & Wages. They were told to budget their overtime according to the past. They are hoping to replace 10 vehicles, but with the funding, it will more likely be 8. Regarding bodyworn cameras, the cost of maintenance and storage is high, and they would have to ask for $500,000 just to maintain the program. For every 100 employees, they will need 1 employee for maintenance. Regarding requests for Hawaii Police Commission Regular Session Minutes June 16, 2017 Page 3 more officers, in order to add one officer to each shift in Puna, they would have to add 5 more positions. It takes about a year and a half from the start of recruitment to being on the road. They are considering making North Hilo and Hamakua one district. They district needs more supervision, and they are trying to address this immediately. Recess was called at 9:52 a.m. The meeting reconvened at 10:02 a.m. EXECUTIVE SESSION Vice Chair Hendricks 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 to 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 Paiva seconded, and it carried unanimously. Executive session convened at 10:04 a.m. Open session reconvened at 11:21 a.m. CONSIDERATION AND INVESTIGATION OF COMPLAINTS HPC 17-17: Complainant Joseph Pierce stated that he called the police because someone broke into his room and stole items. He alleged that two officers threatened to arrest him if he didn't leave, and they refused to listen to him. JOSEPH PIERCE came before the commission in open session. When asked to state his name and swear to tell the truth, he stated that he could not state his name and refused to swear to tell the truth. He asked the commissioners how many of them knew of him and how much trouble he gives the courthouse. No one answered. He went on to speak at length about previous incidents in his life and his court cases. Regarding this complaint, he was at work when a friend called saying that a crazy women was in his house. He called the cops. He didn't go onto the property. There is a TRO. Cops showed up. They said they had the judge's order, and he had to leave. It is a landlord/tenant dispute, and the landlord used a TRO as an eviction. When his five minutes were up, Chair Morioka told Mr. Pierce to wrap it up. Mr. Pierce asked if he was going to threaten him with the cop there (Captain Shimabukuro). He asked for more time. He told Chair Morioka that he would have to have the officer tell him to vacate the chair, leave, and then throw him in the cage. Chair Morioka asked Captain Shimabukuro to ask Mr. Pierce to leave. Captain Shimabukuro told Mr. Pierce that he was asking him nicely to leave. Hawaii Police Commission Regular Session Minutes June 16, 2017 Page 4 Mr. Pierce asked Captain Shimabukuro if he was going to arrest him and take him to a prison cell. Captain Shimabukuro told him, "No." Recess was called at 11:30 a.m. The meeting reconvened at 11:41 a.m. EXECUTIVE SESSION Commissioner Buckman 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 to 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 11:42 a.m. Open session reconvened at 12:13 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Consideration and Investigation of Complaints ✓ HPC 17-13: Complaint was received after the 90 -day filing period. Complainant asked for compensation. The commission only determined whether or not to accept the complaint for investigation. Commissioner Paiva motioned to decline investigation. Vice Chair Hendricks seconded, and it carried unanimously. ✓ HPC 17-14: Complainant was arrested for a TRO violation. She complained about the process during her arrest, and that the officers tried to entrap her. Commissioner Buckman motioned to refer the complaint to the Police Chief for further investigation. Vice Chair Hendricks seconded, and it carried unanimously. ✓ HPC 17-15: Complainant was involved in a traffic accident. She alleged that an officer did not follow proper protocol with regards to the other driver. Vice Chair Hendricks motioned to refer the complaint to the Police Chief for procedural concerns as noted in her complaint. Commissioner Paiva seconded, and it carried unanimously. ✓ HPC 17-16: Complainant alleged that a dispatcher did not dispatch officers to her home in a timely manner. Vice Chair Hendricks motioned to refer the complaint to the Police Chief for further investigation. Commissioner Buckman seconded, and it carried unanimously. ✓ HPC 17-17: Complainant alleged that two officers threatened to arrest him if he didn't leave, and that they refused to listen to him. Vice Chair Hendricks motioned that there was insufficient evidence of misconduct, and that the officers' Hawaii Police Commission Regular Session Minutes June 16, 2017 Page 5 actions were lawful and proper. Commissioner Paiva seconded, and it carried unanimously. UNFINISHED BUSINESS • Review of the Police Commission's rules and regulations for possible revisions: The commissioners were reminded to give their suggestions for changes to Ms. Pelayo. ANNOUNCEMENTS • Chair Morioka announced that the Police Commission's next monthly meeting will be on Friday, July 21, 2017, at 9:00 a.m. in the West Hawaii Civic Center, Building G Conference Room, Kailua-Kona, Hawaii. • Chair Morioka stated that he would like to have more discussion on the department's budget at the next meeting. Commissioner Hu volunteered to be on the Finance Committee. He would like to review the department's finances more thoroughly. Chair Morioka agreed. • Collection of files and documents. (Done.) ADJOURNMENT The meeting adjourned at 12:21 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: KEITH MORIOKA, CHAIR