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HomeMy WebLinkAbout2017-12-15 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 15, 2017 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Morioka called the meeting to order at 9:07 a.m. ROLL CALL Present: Keith Morioka, Chair Peter Hendricks, Vice Chair Arthur Buckman, Commissioner Carl Carlson, Commissioner Wayne De Luz, Commissioner Colleen Pasco, Commissioner (A quorum was present.) Absent: Jak Hu, Commissioner Paul Paiva, 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 Vice Chair Hendricks motioned to approve the agenda. Commissioner Buckman seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (See correspondence.) APPROVAL OF MINUTES • November 17, 2017, regular and executive sessions. Vice Chair Hendricks motioned to approve the minutes with a non -substantive change to the regular session minutes. Commissioner De Luz seconded, and it carried unanimously. CORRESPONDENCE • No. 17-08: Margaret Sevilla Shim requested to speak to the Commission on issues she brought before the Police Commission, Police Department, Corporation Counsel, Prosecutor, and Human Resources that she feels have not yet been addressed. MARGARET SEVILLA SHIM came before the commission. She stated that she has submitted documents regarding her issues. Her son was in her stomach for four Hawaii Police Commission Regular Session Minutes December 15, 2017 Page 2 months when she had a stroke, so they have the same problem. They have a re- voicer. The commission has paperwork from her since 2015. No one got back to her. Chair Morioka told Ms. Shim that they have a transcript of the meeting she had with Danny Patel, former Deputy Corporation Counsel. Deputy Corporation Counsel Hall told Ms. Shim that they need to know what she wants, what her complaint is. Ms. Shim stated that the police have not received proper training. Honolulu police officers are trained differently. She has complaints about the Prosecutor that she cannot talk about here. She needs a re-voicer. She needs a scribe. She called Corporation Counsel. She talked about the homeless and helping people in court. Chair Morioka told Ms. Shim that his understanding is that she is looking for better training of police officers. Ms. Shim stated that it would be somebody to talk to people with disabilities. She suggested CIT training. Honolulu has a special psychologist. With her son's incident, the police didn't call the ambulance for 45 minutes until her son was on his deathbed. (Shim exited and then spoke to Julie Rawlins, County ADA Coordinator, and Malia Hall, Deputy Corporation Counsel, outside the meeting room.) • No. 17-09: Request for representation by Corporation Counsel for Officer Paul Wright in Civil No. 3SC17 1-0185. (For executive session.) ELECTION OF CHAIR AND VICE CHAIR OF THE COMMISSION FOR 2018 Commissioner De Luz nominated Peter Hendricks as Chair. Commissioner Buckman seconded. The vote for Hendricks as Chair carried unanimously. Vice Chair Hendricks nominated Arthur Buckman as Vice Chair. Arthur Buckman declined. The motion was withdrawn. Commissioner Carlson nominated Wayne De Luz as Vice Chair. Vice Chair Hendricks seconded. The vote for De Luz as Vice Chair carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENTAL ACTIVITIES • Crime Report: Assistant Chief Tavares thanked the commission for their service to the community. He then announced that he will be retiring at the end of the year. He went on to report that up through November 30, there were 3,511 serious crimes. Of these, the Criminal Investigation Units investigated 651 of those cases. East Hawaii had no crime trends. In West Hawaii, Kona had a decrease in robberies and auto thefts. Ka'u burglaries remain consistent, and criminal activity there is being monitored. In November, they received 8,399 calls for service. Hawaii Police Commission Regular Session Minutes December 15, 2017 Page 3 Traffic Report: Assistant Chief Mitchell Kanehailua reported that he will be moving to Area I when AC Tavares retires. He reported that fiscal year to date, they had 541 traffic crashes, 10 traffic fatalities, 4 DUI fatalities, and 488 DUI arrests. In November, 5,007 citations were issued: 3,412 moving/regulatory, 381 seatbelt, 43 child restraint, and 1,171 for speeding. There were no traffic trends. Personnel Report: Assistant Chief Marshall Kanehailua reported that Assistant Chief Tavares was his Field Training Officer. He followed him throughout his career. Major Apele will also be retiring at the end of the year. There will be more retirements in the beginning of the year. He talked about the difficulties with recruitment. They currently have 35 sworn and 22 civilian vacancies. Commissioner Pasco asked for information that she could use to steer her high school students in the direction of the police department. Vice Chair Hendricks asked if they could give a presentation on the recruitment process. Finance Report, including FY 2018-19 Proposed Police Department Budget: Assistant Chief Marshall Kanehailua reported that their FY 2018-19 budget was submitted and given to the commission. The Glock transition is going fine. There was no discussion on the proposed budget. Commendations of Sworn and Civilian Employees: Chief Ferreira reported that they will have a big void at the end of the year with retiring of AC Tavares and Major Apele. They will be recognized by the Hilo Exchange Club at the end of this month. Since the last commission meeting, they received six commendations involving six personnel. Chief presented a certificate of appreciation to Chair Morioka for his service on the commission. Other Departmental Activities: Regarding recruitment, Chief Ferreira stated that teenagers need to understand that what they do in high school can affect them for eligibility in law enforcement. If someone buys or sells drugs, they will have a lifetime ban in law enforcement. Recess was called at 9:56 a.m. The meeting reconvened at 10:13 a.m. 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 as it relates to his annual 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 11:08 a.m. Hawaii Police Commission Regular Session Minutes December 15, 2017 Page 4 Consideration and Investigation of Complaints ✓ HPC 17-25: Complainant alleged that the officer who initiated a traffic stop is responsible for the tow company no longer having possession of his truck. ROBERT WARREN came before the commission and requested to be heard in open session. He swore to tell the truth. He stated that his case was dismissed. When he was pulled over, it was a grand jury case. Officer Wright took him into the station. One hour later the officer told him he could smell alcohol. They had his truck towed under Alia's law. He complained about being in HCCC. Commissioner Carlson asked for clarity, that the complaint is that the officer is responsible for his truck being towed. Mr. Warren stated, "Yes," and that he wants compensation. (Warren exited.) 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 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 Pasco seconded, and it carried unanimously. Executive session convened at 11:25 a.m. Open session reconvened at 11:40 a.m. Consideration and Investigation of Complaints ✓ HPC 17-29: Complaint was received 144 days from the date of the incident which is beyond the commission's 90 -day filing deadline. The commission will only decide to accept or not accept for investigation. STANLEY AOKI came before the commission in open session. He swore to tell the truth. Chair Morioka told Mr. Aoki that they will only consider his reason for filing after the 90 - day deadline. Mr. Aoki stated that he waited because of his safety. He spoke to a lawyer friend who told him not to contest it. He took a long time to fill out the form at the police cell block. Then, he went to the Aupuni Center, but it was closed. There was no sign about hours of operations. He waited a few months, and then filed the complaint with the commission. He was afraid for his life. (Aoki exited). 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, 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 11:55 a.m. Hawaii Police Commission Regular Session Minutes December 15, 2017 Page 5 Open session reconvened at 12:34 p.m. ✓ HPC 17-32: Complaint was received three years from the date of the incident which is beyond the commission's 90 -day filing deadline. The commission will only decide to accept or not accept for investigation. STUART GREGORY came before the commission in open session. He swore to tell the truth. Chair Morioka asked Mr. Gregory why they should accept his complaint after the filing deadline. Mr. Gregory stated that he went to jail for other things. He thinks it's a railroad job. He went on to speak about things in his life, the prosecutor, and judge. He is being blacklisted by Google. He is being kicked off his land. He remained in jail because of his psychiatrists. He spoke about his time in jail. Commissioner Buckman asked if the 27th was the earliest he could have filed. Mr. Gregory stated, "No." He cannot even go to his land because of fear and intimidation by the police. He spoke about being a slave, not a victim. He spoke about his life situation. He is facing retaliation from people who are next to his kin. (Commissioner Pasco exited the meeting at 12:54 p.m. Mr. Gregory also exited.) 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 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 Carlson seconded, and it carried unanimously. Executive session convened at 12:57 p.m. Regular session reconvened at 1:35 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence No. 17-09: Commissioner De Luz motioned to approve representation by Corporation Counsel. Commissioner Carlson seconded, and it carried unanimously. Investigation and Consideration of Complaints ✓HPC 17-25: Vice Chair Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner De Luz seconded, and it carried unanimously. As discussed in executive session, the HRS regarding tow companies will be cited in correspondence to the complainant. ✓HPC 17-27: Vice Chair Hendricks motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner De Luz seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes December 15, 2017 Page 6 ✓HPC 17-28: The complaint was withdrawn by the complainant. ✓HPC 17-29: Commissioner Carlson motioned to decline acceptance for investigation due to the 90 -day rule. Vice Chair Hendricks seconded, and it carried unanimously. ✓HPC 17-30: Commissioner Carlson motioned to refer the complaint to the Police Chief for further investigation. Commissioner De Luz seconded, and it carried unanimously. ✓HPC 17-31: Commissioner De Luz motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Carlson seconded, and it carried unanimously. ✓HPC 17-32: Commissioner De Luz motioned to decline acceptance for investigation due to the 90 -day rule. Commissioner Carlson seconded, and it carried unanimously. ✓HPC 17-33: Commissioner Carlson motioned that the complaint is not within the commission's jurisdiction. Vice Chair Hendricks seconded, and it carried unanimously. ANNOUNCEMENTS • Chair Morioka announced that the Police Commission's next monthly meeting will be on Friday, January 19, 2018, 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. Vice Chair Hendricks seconded, and it carried unanimously. The meeting adjourned at 1:45 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: KEITH MORIOKA, CHAIR