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Home My WebLink About2018-04-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES APRIL 20, 2018 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Hendricks called the meeting to order at 9:00 a.m. ROLL CALL Present: Peter Hendricks, Chair Wayne De Luz, Vice Chair Arthur Buckman, Commissioner Carl Carlson, Commissioner Paul Paiva, Commissioner Colleen Pasco, Commissioner Absent: Jak Hu (A quorum was present.) Also present: Paul Ferreira, Police Chief Mitchell Kanehailua, Assistant Chief Robert Wagner, Major Burt Shimabukuro, Captain Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Vice Chair 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 • March 16, 2018, regular and executive sessions: Commissioner Carlson motioned to approve the minutes. Vice Chair De Luz seconded, and it carried unanimously. UNFINISHED BUSINESS • State of Hawaii Police Commissioners' Conference hosted by Hawaii County (update): Chair Hendricks reported that they are pretty well set up. The agenda is being finalized. Ms. Pelayo met with hotel staff to work out details. • Review of the Police Commission's Rules and Regulations for possible revisions. Revisions were distributed. Ms. Hall will work on suggested changes. CHAIR'S REPORT ON OTHER POLICE COMMISSION ACTIVITIES (No report.) Hawaii Police Commission Regular Session Minutes April 20, 2018 Page 2 POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Including, but not limited to: • Crime Report: Assistant Chief Mitchell Kanehailua reported having 6,193 serious crimes. Of those, 1,096 were investigated by the Criminal Investigation Units. In March, they had 9,096 calls for service. Crime trends show that Hilo had a flat line of burglaries. Entries have been through windows. Unauthorized entry into vehicles remain the same. Entries have been through opened and unlocked doors and smashed windows. Puna had an increase in burglaries in the last month. They try to saturate the subdivisions with patrols. Kona had an increase in burglaries and unauthorized entry of vehicles. Ka'u had a decrease in burglaries in Ocean View. They also saturated the area with patrol. Commissioner Paiva asked about the increase in sex assaults. AC Kanehailua stated that it could be due to more reporting. The "Me Too" movement could be helping. He believes that it has been under reported in the past. People are now more willing to come forward. The Prosecutors do a good job with support services for victims. • Traffic Report: Major Wagner reported that for FYTD they had 994 traffic crashes, 19 fatalities, and 866 DUI arrests. For the month of March, 4,989 citations were issued for: 3,624 moving/regulatory, 276 seat belt, 34 child restraint, and 1,055 for speeding. There were no traffic trends. They focus enforcement in areas prone to traffic fatalities. • Personnel Report: Chief Ferreira reported having two ongoing recruit classes. One class of 17 is scheduled to graduate on August 15. With the recruit classes, they have 32 vacancies. Eight new officers started on the road on April 3. Thirty-one officers are now eligible for retirement. By the end of the year, 12 more will be eligible for retirement. All command staff, except for one captain is eligible for retirement. They have 14 civilian vacancies, not including school crossing guards. They have 6 dispatcher vacancies. • Finance Report: Chief Ferreira reported that expenditures are at 75%. Their overtime budget was cut, and they are now way over in overtime. At the end of 2017 they had to pay out a lot of cash in lieu for accumulated vacation to those who retired. Their 2018- 19 budget review with the County Council went well. They submitted a status quo budget, but included supplemental requests for additional officers in Puna and Ka'u and more dispatchers. • Commendations of Sworn and Civilian Employees: Chief Ferreira reported receiving 11 commendations involving 29 personnel since the last meeting. • Other Department Activities: Chief Ferreira reported that May 14-18 is National Police week. Ceremonies will be held on May14 in Hilo and May 15 in Kona. Deputy Chief Bugado started the Special Olympics Torch Run in Kea'au. A lot of police officers participated in this event. Hawaii Police Commission Regular Session Minutes April 20, 2018 Page 3 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 where matters affecting privacy will be involved, 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). Executive session convened at 9:50 a.m. Regular session reconvened at 11:38 a.m. (Open to the public.) Consideration and Investigation of Complaint HPC 18-11: Complainant alleged that an officer wanted another party to lie about why the police were called to the hospital. COMPLAINANT TIMOTHY WILLIAMS came before the commission. He requested to be heard in open session. He swore to tell the truth. He stated that he just returned from Beverly Hills. He has a lot of friends in law enforcement and Washington DC. Crime has decreased in his area in Mt. View. He is the caregiver and has power of attorney for Ms. Neeson. The officer told him to get out of the room. Ms. Neeson has the right to not go to a rehab home. The officer would not take his report. Mr. Williams went on to talk about himself. There are a lots of men and women who love him. He called 911 because the doctor made Ms. Neeson cry. He went to the Hilo Police station and told them that the officer should have made a criminal complaint against the doctor. Mr. Williams went on to talk about himself again. (Williams exited.) Commissioner Paiva stated that according to the doctor's statement, Mr. Williams has a fiscal power of attorney. ACTION ON EXECUTIVE SESSION MATTERS • HPC 18-04: Complainant alleged that an officer served a TRO, but it was not returned. Commissioner Paiva motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, and that the officer's actions were lawful and proper. Commissioner Carlson seconded, and it carried unanimously. • HPC 18-05: Complainant alleged unlawful arrest and named five officers. Vice Chair De Luz motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, and that the officer's actions were lawful and proper. Commissioner Paiva seconded, and it carried unanimously. • HPC 18-07: Complainant alleged that an officer didn't accept her subpoena for her TRO hearing, and he did not call her back like he said he would. Vice Chair De Luz motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Pasco seconded, and it carried unanimously. • HPC 18-08: Complainant requested dispatch recordings regarding an altercation she had in 2016. The recordings were not available. She alleged that the two officers from 2016 are responsible for the recordings not being available. Commissioner Paiva Hawaii Police Commission Regular Session Minutes April 20, 2018 Page 4 motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, and that the officer's actions were lawful and proper. Commissioner Pasco seconded, and it carried unanimously. • HPC 18-11: Complainant alleged that an officer wanted another party to lie about why the police were called to the hospital. Commissioner Carlson motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, and that the officer's actions were lawful and proper. Vice Chair De Luz seconded, and it carried unanimously. • HPC 18-12: Complainant alleged that an officer did a traffic stop on his daughter in retaliation for them complaining about another traffic stop by another officer. He also alleged that when the officer and his sergeant talked to him, they were rude. Commissioner Paiva motioned to refer the complaint to the Police Chief for customer service, procedural, and operational concerns as noted in the complaint. Commissioner Buckman seconded, and it carried unanimously. ANNOUNCEMENTS Chair Hendricks announced that the Police Commission's next monthly meeting is scheduled for May 18, 2018, at 9:00 a.m. in the West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. ADJOURNMENT The meeting was adjourned at 12:05 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: PETER HENDRICKS, CHAIR