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
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June 16, 2017
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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
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June 16, 2017
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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.
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Regular Session Minutes
June 16, 2017
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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'
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June 16, 2017
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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