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HomeMy WebLinkAbout2018-10-19 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 19, 2018 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER Chair Hendricks called the meeting to order at 9:08 a.m. ROLL CALL Present: Peter Hendricks, Chair Wayne De Luz, Vice Chair Arthur Buckman, Commissioner Carl Carlson, Commissioner Colleen Pasco, Commissioner Absent: Jak Hu, Commissioner Paul Paiva, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Police Chief Marshall Kanehailua, Assistant Chief Mitchell Kanehailua, Assistant Chief James O'Connor, Assistant Chief Burt Shimabukuro, Captain Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary APPROVAL OF AGENDA Vice Chair De Luz motioned to approve the agenda. Commissioner Pasco seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None APPROVAL OF MINUTES • July 20, 2018, public hearing minutes on rule change: Commissioner Carlson motioned to approve the minutes with a correction that Commissioner Pasco was not present. Vice Chair De Luz seconded, and it carried unanimously. • July 20, 2018, regular and executive session minutes of monthly meeting: Commissioner Pasco motioned to approve the minutes with a correction that she was not present. Vice Chair De Luz seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Brief summaries of the written reports were given: • Crime Report: Assistant Chief Mitchell Kanehailua reported that up through September 30, they had 1,780 serious crimes. Of these, the Criminal Investigation Units investigated 348 of those cases. Throughout the lava event in Puna, the crime level Hawaii Police Commission Minutes of October 19, 2018 Page 2 remained the same, although there were different types. For the month of September, they received 6,371 calls for service. There were no crime trends. Traffic Report: Assistant Chief O'Connor reported that as of October 9, they had 266 traffic crashes and 265 DUI arrests. For the month of September, 4,729 citations were issued: 335 moving/regulatory, 30 seatbelt, 30 child restraint; and 930 speeding. Traffic during the Ironman went very well. Officers did an excellent job directing traffic and making sure everyone was safe. Regarding abandoned vehicles, they hope to get it off the side of the roads within a week. Personnel Report: Assistant Chief Marshall Kanehailua reported having 33 sworn vacancies. New recruits are expected to be on the road on November 1. The total number of recruits are low. They have 22 civilian vacancies, and vacancies for Polygraph Examiner and Criminalist are crucial. Dispatch classes are going well, and they haven't lost anyone yet. AC Kanehailua reported that he has been an Assistant Chief for the past nine years and will be retiring at the end of the month. • Finance Report: Assistant Chief Marshall Kanehailua reported that their S & W target is 29.17%; they are at 31.5%. The Spillman Records Management change continues. He believes it is a better system. There are many moving parts that interface with other departments, and Major Burian is on top of it. • Commendations of Sworn and Civilian Employees: Chief Ferreira reported receiving 12 commendations involving 21 personnel since the last meeting. • Other Department Activities: Chief Ferreira reported that they have quite a few vacancies. They had been accepting applications for police recruits from those at least 21 years of age. They have now changed it to 21 years of age at time of recruit graduation, similar to other counties in the State of Hawaii. NEW BUSINESS • Correspondence No. 18-04, from the Hawaii County Charter Commission requesting input as to how the Charter affects its role and operations within the county and any proposals it may have to amend the Charter: Deputy Corporation Counsel Hall stated that this is for the 2020 elections. They don't have to change anything if they don't want to. Deputy Corporation Counsel J Yoshimoto stated that the Charter Commission has its own deadline. Proposals have to go for public hearing, so submitting proposals soon would be good. Chair Hendricks asked the commissioners to submit suggestions to Ms. Pelayo for discussion at the next meeting. • Salary Commission's request for future salary recommendations for the Police Chief and Deputy Chief (per Salary Commission meeting agenda): Deputy Corporation Hall stated that only the Police Chief and Deputy Chief are covered by the Salary Commission. Chair Hendricks stated that there have been suggestions of 5, 10, and 15 percent above the highest paid subordinate for the Deputy Chief and Police Chief. Hawaii Police Commission Minutes of October 19, 2018 Page 3 Assistant Chief Marshall Kanehailua stated that no one will apply for the position that pays less than what they are making. For those within the department, this could be a $25,000 cut in pay. For the Police and Fire Departments, they should not have it tied to salaries of other department heads in the county. The salary of the Police Chief and Deputy Chief should follow the SHOPO contract. Following discussion, Vice Chair De Luz motioned to recommend that the salary of the Police Chief and Deputy Chief be 10% and 5% respectively, over the highest paid subordinate in the Police Department, and that it follows bargaining unit increases. Commissioner Carlson seconded, and it carried unanimously. Vice Chair De Luz stated that the commission wants to encourage and reward the two people in the top two positions of the department. They don't want pay to be an issue. Commissioner Carlson stated that it is the right thing to do, for recruitment, and fairness. It goes beyond recruitment and for officers who step up. Commissioner Buckman stated that he attended a Salary Commission meeting where they recommended 10% and 5%. A copy of the commission's letter to the Salary Commission will go to the County Council. CHAIR'S REPORT ON OTHER COMMISSION ACTIVITIES AND INTERESTS • Submittal of Police Commission's Annual Report: Chair Hendricks reported that this will be submitted to the Mayor. He will also submit a letter for inclusion into the Police Department's Annual Report. EXECUTIVE SESSION Commissioner Carlson motioned to meet in executive session to consider charges against officers or employees of the Hawaii Police Department and to work on the semi-annual evaluation of the police chief 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). Vice Chair De Luz seconded, and it carried unanimously. Executive session convened at 9:50 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Request for representation by Corporation Counsel in CV No. 18-1-109K. Vice Chair De Luz motioned that they accept the recommendation of Corporation Counsel and approve the request for representation. Commissioner Pasco seconded, and it carried unanimously Consideration and Investigation of Complaints ✓ HPC 18-15: Complainant alleged that when officers responded to a call from hospital staff, the officers acted in an overbearing manner. He also alleged that an officer refused to initiate an assault complaint against a nurse who inserted an IV into his arm that caused pain. Commissioner Buckman motioned to refer the complaint to the Chief for customer service and procedural concerns. Commissioner Carlson seconded, and it carried unanimously. Hawaii Police Commission Minutes of October 19, 2018 Page 4 ✓ HPC 18-23: Complainant alleged that an officer harassed him when he was asked for his placard to enter the lava zone. He also alleged that he was issued citations for not having the registration and safety check sticker on his motorcycle. Commissioner Carlson motioned that there was insufficient evidence to prove the complainant's allegations. Vice Chair De Luz seconded, and it carried unanimously. ✓ HPC 18-24: Complainant alleged that he was arrested and handled roughly when he tried to enter the lava zone without proper identification. Commissioner Carlson motioned that there was insufficient evidence to prove the complainant's allegations and that the officers followed procedures. Commissioner Buckman seconded, and it carried unanimously. ✓ HPC 18-25: Complainant alleged that while he was being issued a citation for not having his driver's license while trying to enter a lava zone, an officer harassed him. Vice Chair De Luz motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Carlson seconded, and it carried unanimously. ✓ HPC 18-28: Complainant questioned the procedures during his traffic stop and didn't like how the officer responded to him. Commissioner Pasco motioned that there was insufficient evidence to prove the complainant's allegations. Vice Chair De Luz seconded, and it carried unanimously. ✓ Review of declined complaints. Vice Chair De Luz motioned to accept the Chair's decision to not consider six complaints for investigation because they were on its face speculative, hypothetical, or not based on factual circumstances. Commissioner Pasco seconded, and it carried unanimously. ANNOUNCEMENTS Chair Hendricks announced that the next monthly meeting is scheduled for November 16, 2018, at 9:00 a.m., in the West Hawaii Civic Center, Building G Conference Room., 74- 5044 Ane Keohokalole Hwy, Kailua-Kona, Hawaii. ADJOURNMENT The meeting adjourned at 12:43 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: PETER HENDRICKS, CHAIR