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HomeMy WebLinkAbout2017-10-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 20, 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 Carl Carlson, Commissioner Colleen Pasco, Commissioner Absent: Wayne De Luz, Commissioner Paul Paiva, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Mitchell Kanehailua, Assistant Chief Henry Tavares, Assistant Chief Brian Prudencio, Detective Rio Amon -Wilkins, Detective Malia Hall, Deputy Corporation Counsel Keyra Wong, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Vice Chair Hendricks motioned to approve the agenda. Commissioner Carlson seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS FRANCES K. STAPLETON read her written testimony asking Police Chief Ferreira to clarify the police department's policy on federal law regarding local law enforcement in immigration cases. Deputy Corporation Counsel Hall stated that the commission cannot speak on administrative matters of the police department. She suggested that Ms. Stapleton speak directly with Chief Ferreira. BARBARA FRANKLIN, an attorney with ACLU gave testimony and handouts regarding picking and choosing of enforcement of civil matters with regards to immigrants. Hawaii Police Commission Regular Minutes October 20, 2017 Page 2 RUTH E. ROBISON gave testimony and handout regarding the difference between civil and criminal law with regards to immigrants. APPROVAL OF MINUTES • September 15, 2017, regular and executive sessions: Vice Chair Hendricks motioned to approve the minutes. Commissioner Buckman seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES • Crime Report: Assistant Chief Tavares reported that up to September 30, they had 2,209 serious crimes. The Criminal Investigation Units investigated 369 of those cases. In September, they had 8,219 calls for service. No crime trends were identified throughout the island. Ka'u is still vigilant on their burglaries and is working with CIS and the Special Enforcement Unit. • Traffic Report: Assistant Chief Mitchell Kanehailua reported that as of October 12 FYTD, they had 318 traffic crashes and 6 fatalities. For the month of September, 4,912 citations were is issued: moving regulatory 3,456, seatbelt 319, child restraint 24, and speeding 1,113. No traffic trends were identified. They had a collision between an Ironman participant and a vehicle. They started out 3-4 months prior planning with Ironman officials and have a presence in the Ironman Command Center. They have a very cooperative relationship with Ironman and the other agencies involved where they can operate safety. • Personnel Report: Chief Ferreira reported having 12 sworn vacancies. The 86th recruit class will complete its academic portion in November. They currently have 4 recruits from the 85th class. Two will be given assignments on October 16. With retirements, they project 20 vacancies at the end of the year. • Finance Report: Chief Ferreira reported that they are supposed to be at 29% of their budget. Their overtime is at 50%, although that budget was decreased by 21 %. The majority of overtime is based on shortages due to sick leave and vacancies. He is prepared to go back to County to request more funds. For the upcoming budget, they are looking at a 3% budget reduction. They have dedicated commanders and officers who understand that the job has to get done. They have to go back to county and tell them they cannot make the cut. • Commendations of Sworn and Civilian Employees: Chair Morioka presented Chief Ferreira with a certificate for 35 years of service. Chief Ferreira reported receiving 15 commendations since the last meeting. Hawaii Police Commission Regular Minutes October 20, 2017 Page 3 • Other Departmental Activities: Chief Ferreira reported that he spoke to Ms. Stapleton about her concerns. He will respond to her letter and copy the commission. They will be celebrating the Ka'u Police Station's 20th anniversary on Saturday, October 21. Lt. John Briski, Clerk Marilou Carvalho, Systems Analyst Matthew laukea, and Officer Paul Mangus were nominated to represent the Police Department at the annual Employee Recognition Program on November 6. The 85th recruit class recognition ceremony will be held on November 15. Deputy Corporation Counsel Hall stated that she will step away from the discussion during the commission's investigation of Complaint HPC 17-24 because it involves her relative. EXECUTIVE SESSION Commissioner Carlson 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, review the Police Chief's Program of Work which 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 9:40 a.m. Regular session reconvened at 10:00 a.m. Ms. Hall exited her seat. Consideration and Investigation of Complaints (All complainants requested to be heard in open session.) ✓ HPC 17-24: Complainant Timothy Williams alleged that Officer Darryl Castillo harassed him. He also accused a State Sheriff. TIMOTHY WILLIAMS came before the commission and swore to tell the truth. He spoke at length of his background, being Hawaiian, his dad is from Hawaii, buying a house in Hawaii. He showed news clippings of himself when he was 16 years old and spoke at length of those times. He is a motivational speaker. The situation was that a man got shot in the head. He has been a pastor for over 20 years. He has a great legacy. When he was at the hospital, he saw an officer looking at him like crazy. He asked the officer if he knew him. He said he did. This officer posted his picture on Facebook. He has since received threats. The Chief of Police would not meet with him. Hawaii Police Commission Regular Minutes October 20, 2017 Page 4 Deputy Corp. Counsel Keyra Wong stated that the officer has the option to speak in closed session. Officer Darryl Castillo stated that he wished to speak in closed session. EXECUTIVE SESSION (Closed to the public.) Commissioner Carlson motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawaii Police Department. Vice Chair Hendricks seconded, and it carried unanimously. Executive session convened at 10:25 a.m. Regular session reconvened at 11:04 a.m. Consideration and Investigation of Complaints (continued) ✓ PC 17-25: Complainant Robert Warren was involved in a traffic stop, arrested, and incarcerated. He alleged that the officer who conducted the traffic stop is responsible for his vehicle being towed and it no longer being at the tow company. The complaint was received beyond the commission's 90 -day rule for filing a complaint. The commission will only consider whether or not to accept the complaint for investigation. ROBERT WARREN came before the commission. He swore to tell the truth. Chair Morioka stated that they only want to know why they should hear his complaint. Warren stated that he was illegally held. Officers had his truck towed, then it was sold, his tools were sold. He was incarcerated for 409 days. He talked about having to deal with being in jail. Deputy Corporation Counsel Hall stated that the only time they have made an exception to their 90 -day rule was when there was an ADA issue. They also must notify the officer of the complaint. ✓ HPC 17-26: Complainant Abolghassem Abraham Sadegh alleged that at the behest of the Police Department, someone on the bus threatened him. He also alleged that a police informer reported smoke coming from his room. ABRAHM SADEGH came before the commission. He refused to raise his hand and swear to tell the truth. He asked the commission what he is to do when he is attacked on Highway 19 at night. He fell down in Safeway. He was sent to Honolulu. He went on to speak about issues he has with Kaiser Permanente. He sent a letter to Times Magazine about his concerns. This is the fifth time he has come to the Police Commission. There should not be limitation for people to be on the police commission. Someone put dog poop in his Section 8 housing. He gave Ms. Pelayo a 102 -page complaint. She didn't give it to the police commission. A man on the bus talked about a bat and passport. He again Hawaii Police Commission Regular Minutes October 20, 2017 Page 5 talked about dog poop in his housing. His home is continually broken in because the police wants him to be evicted. Commissioner Carlson told Mr. Sadegh that they are trying to understand his complaint. They can only deal with his official complaint. His complaint is that someone on the bus, at the behest of the police, said he would smack him on the head. Mr. Sadegh stated that the police is in his life. He got a call that the fire department was called. When he asked for the name of the man who called, they said it's confidential. He went on to talk about a newspaper article about sex offenders. He told the commissioners that they should be paid so they would be under the control of the Mayor. ACTION ON COMPLAINTS • Consideration and Investigation of Complaints ✓ HPC 17-24: Commissioner Carlson stated that they read extensive written and verbal testimony from Pastor Williams. They have no jurisdiction over the Sheriff that he complains about. From what he's read and from testimony, it's difficult to find sufficient evidence. He doesn't think he's asking for further investigation or customer service. He motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Hendricks seconded, and it carried unanimously. ✓ HPC 17-25: Commissioner Buckman motioned to accept the complaint for investigation. Commissioner Carlson seconded, and it carried unanimously. ✓ HPC 17-26: Commissioner Buckman motioned to refer the complaint to the Police Chief for further investigation. Vice Chair Hendricks seconded, and it carried unanimously. EXECUTIVE SESSION (Closed to the public.) Vice Chair Hendricks motioned to meet in executive session to consider discipline and charges against officers or employees of the Hawaii Police Department. Commissioner Carlson seconded, and it carried unanimously. Executive session convened at 12:00 noon. Regular session reconvened at 12:03 p.m. ANNOUNCEMENTS • Chair Morioka announced that the Police Commission's next monthly meeting will be on Friday, November 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. Hawaii Police Commission Regular Minutes October 20, 2017 Page 6 • Collection of files and documents. (Done.) ADJOURNMENT The meeting adjourned at 12:05 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: KEITH MORIOKA, CHAIR