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Home My WebLink About2018-02-16 Police Commission Regular MinutesHAWAII POLICE COMMISISON REGULAR SESSION MINUTES FEBRUARY 16, 2018 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Hendricks called the meeting to order at 9:05 a.m. ROLL CALL Present: Peter Hendricks, Chair Wayne De Luz, Vice Chair Arthur Buckman, Commissioner Scotty Paiva, Commissioner Colleen Pasco, Commissioner Absent: Carl Carlson, Commissioner Jak Hu, Commissioner Keith Morioka, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Marshall Kanehailua, Assistant Chief Mitchell Kanehailua, Assistant Chief James O'Connor, 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 January 19, 2018, regular and executive sessions: Commissioner Paiva 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: The commissioners reviewed the proposals. Commissioner Paiva motioned to have the conference at the Courtyard Marriott King Kamehameha Hotel. Commissioner Pasco Hawaii Police Commission Regular Session Minutes February 16, 2018 Page 2 seconded, and it carried unanimously. Chair Hendricks stated that he asked Chief Ferreira and Prosecutor Roth for their input. Review of the Police Commission's Rules and Regulations for possible revisions: Ms. Hall explained her written suggestions. Commissioner Buckman asked if their rules need to change as a result of the Kauai Police Commission's lawsuit against their Mayor. Ms. Hall will research this. CHAIR'S REPORT ON OTHER POLICE COMMISSION ACTIVITIES (None POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: AC Mitchell Kanehailua reported that up through January 31, 2018, there were 4,928 serious crimes. The Criminal Investigation Units investigated 857 of those cases. In Kona and Ka'u, there was an increase in burglaries and auto thefts. The Task Force is identifying organizations and individuals. A lot of this activity is in the Ocean View area. For the month of January, they received 8,383 calls for service. • Traffic Report: AC O'Connor reported that for the month of January, 5,210 citations were issued: 3,466 moving/regulatory, 366 seat belt, 33 child restraint, and 1,345 speeding. Every Monday, they put out public DUI reports. Personnel Report: AC Marshall Kanehailua reported having 38 sworn vacancies. Twelve recruits from the 86th recruit class will be on road on March 16. The 87th recruit class started today with 22 recruits. Officers are still applying for retirement. They have many vacancies for school crossing guards. Dispatchers go through a realistic job interview. He met with a dispatcher who is resigning. She stated that the job affected her quality of life. The job is stressful with both callers and officers. Her stress level went from 0 to out the roof. They work long hours each day and on days off. They are not getting the applicants. They are looking at areas for training or classes before they start training. Finance Report: AC Marshall Kanehailua reported that they submitted their new budget. They are currently 112% over their overtime budget. Raises just went into effect. They have $324,000 of unfunded vacation payouts for this fiscal year. This is for anyone who leaves employment this fiscal year. Commendations of Sworn and Civilian Employees: Chief Ferreira reported receiving 4 commendations involving 16 personnel since the last commission meeting. Other Department Activities: Chief Ferreira reported that he recently met with senators and representatives at a High Intensity Drug Trafficking Area (HIDTA) conference. AC Mitchell Kanehailua had a community meeting to discuss merging Hamakua and North Hilo stations. It's all about supervision and providing the best service. The Officer II positions will be reallocated to sergeant. The 87th recruit class started this morning, and he invited the commissioners to walk in and observe them. Hawaii Police Commission Regular Session Minutes February 16, 2018 Page 3 EXECUTIVE SESSION (CLOSED SESSION) Commissioner Paiva 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, to discuss the Police Chief's 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 De Luz seconded, and it carried unanimously. Executive session convened at 9:50 a.m. Open session reconvened at 12:18 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence 18-02: Request for Legal Representation for Captain Samuel Jelsma by Corporation Counsel in CV No. 18-1-0003, Rodrigues vs. County of Hawaii, Jelsma, Doe Persons. Vice Chair De Luz motioned to approve legal representation. Commissioner Paiva seconded, and it carried unanimously. Investigation and Consideration of Complaints ✓ HPC 17-34: Complaint was received after the commission's 90 -day filing deadline. The commission will only consider whether or not to accept the complaint for investigation. Commissioner Paiva motioned to decline investigation. Commissioner Pasco seconded, and it carried unanimously ✓ HPC: 17-36: Complainant alleged that an officer's report of her vehicle accident had errors. Commissioner Paiva motioned that there was insufficient evidence of misconduct, and that the officer's actions were lawful and proper. Commissioner Pasco seconded, and it carried unanimously. ✓ HPC 18-01: Complaint was received after the commission's 90 -day filing deadline. The commission will only consider whether or not to accept the complaint for investigation. Vice Chair De Luz motioned to decline investigation. Commissioner Paiva seconded, and it carried unanimously. ✓ HPC 18-03: Complainant alleged that an officer's report did not give a correct assessment of her injury. Vice Chair De Luz motioned that there was insufficient evidence of misconduct, and that the officer's actions were lawful and proper. Commissioner Pasco seconded, and it carried unanimously. ✓ HPC 18-06: Complainant alleged that she felt intimidated by an officer who responded to her and a truck driver yelling at each other. Vice Chair De Luz motioned that there was insufficient evidence of misconduct, and that the officer's actions were lawful and proper. Commissioner Pasco seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 16, 2018 Page 4 ✓ HPC 18-09: Complaint was received after the commission's 90 -day filing deadline. The commission will only consider whether or not to accept the complaint for investigation. Commissioner Paiva motioned to decline investigation. Vice Chair De Luz seconded, and it carried unanimously. ANNOUNCEMENTS Chair Hendricks announced that the Police Commission's next monthly meeting is scheduled for March 16, 2018, at 9:00 a.m. in the West Hawaii Civic Center, Building G Conference Room, Kailua-Kona, Hawaii. ADJOURNMENT The meeting adjourned at 12:30 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: PETER HENDRICKS, CHAIR