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HomeMy WebLinkAbout2018-12-21 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 21, 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 Jak Hu, Commissioner Joan Obra, Commissioner Paul Paiva, Commissioner Colleen Pasco, Commissioner A quorum was present. Also Present: Paul Ferreira, Police Chief Mitchell Kanehailua, Assistant Chief James O'Connor, Assistant Chief Samuel Thomas, 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 Carlson seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES November 16, 2018, regular and executive session minutes. Commissioner Pasco motioned to approve the minutes. Commissioner Buckman seconded. Discussion: Commissioner Pasco pointed out a correction on the regular session, page 2. She seconded the action on Complaint HPC 18-22. The motion carried with the correction. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Including, but not limited to: • Crime Report: Assistant Chief Kanehailua reported that they are still transitioning into their Spillman System, so data is delayed. They were no trends. The majority of auto thefts were a result of unlocked vehicles. In November, they received 8,407 calls for service: 2,843 for criminal/traffic and 5,564 for miscellaneous assistance. Hawaii Police Commission Regular Session Minutes December 21, 2018 Page 2 • Traffic Report: Assistant Chief O'Connor reported that DUI arrests decreased. Kona gives out the most citations, but most fatalities are in Kona. Commissioner Paiva stated that they should take a proactive approach and educate the public with PSAs. AC O'Connor further reported that in November, 4,981 citations were issued: 3,680 moving/regulatory, 335 seatbelt, 24 child restraint, and 942 for speeding. • Personnel Report: Assistant Chief Thomas reported that they will have 44 sworn vacancies at end of the year. Twenty-three recruits just started. The 87th recruit class has 11 officers who went solo this month. • Finance Report, including the Police Department's 2019-20 Proposed Budget: Assistant Chief Thomas reported that in February they will totally deplete their overtime budget which is mostly due to the lava event. On January 4, they will meet with County Finance over their budget. All departments were told to make a 3% cut. They were not able to do it and made a 2% cut. They did supplemental budget requests in which they requested additional supervising personnel and additional dispatchers. They also requested funds for a body camera program which included two additional personnel. When they run out of overtime money, they have to go back to County Finance for funding. Chair Hendricks stated that the commission is on record advocating for building maintenance. Assistant Chief Thomas stated that the proposed new fire/police dispatch center will be at its own location away from the fire station. • Commendations of Sworn and Civilian Employees: Chief Ferreira reported that Sam Thomas is the new Assistant Chief of Administration. He replaced Marshall Kanehailua. They had 7 commendations involving 19 personnel since the last meeting. • Other Department Activities: Chief Ferreira reported that the North Hilo and Hamakua districts have merged together. Officers now report to Honoka`a and then respond from N. Hilo and Hamakua. They put out a Chief's memo that officers need to respond to the Police Commission regarding complaints. They are considering having the commander issue the complaint. They submitted their budget with a 2% reduction and will hold to it. Asset forfeiture monies are restricted and can only be used for certain equipment purchases and some training. Their budget meeting with the County Council is scheduled for April 17 at 1:30 p.m. Chief encouraged the commissioners to Hawaii Police Commission Regular Session Minutes December 21, 2018 Page 3 meet with him and visit the stations. At the request of Commissioner Paiva, Chief said he will work on getting their reports to the commission sooner. NEW BUSINESS Election of Chair and Vice Chair for 2019: Commissioner Paiva nominated Wayne De Luz as Chair. Commissioner Carlson seconded, and it carried unanimously. Commissioner Carlson nominated Paul Paiva as Vice Chair. Commissioner Hu seconded. Discussion: Commissioner Paiva declined. The nomination was withdrawn. Commissioner Hu nominated Carl Carlson as Vice Chair. Commissioner Carlson declined. The nomination was withdrawn. Commissioner Paiva nominated Colleen Pasco as Vice Chair. Vice Chair De Luz seconded, and it carried unanimously. CHAIR'S REPORT ON OTHER COMMISSION ACTIVITIES AND INTERESTS Chair Hendricks stated that every day he has more respect for officers who stay on longer. He is pretty proud of the department. EXECUTIVE SESSION Commissioner Carlson motioned to meet in executive session to work on the evaluation of the police chief, to consider 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). Commissioner Pasco seconded, and it carried unanimously. Executive session convened at 9:50 a.m. Regular session reconvened at 11:05 a.m. INVESTIGATION OF COMPLAINT Complaint HPC 18-32: Complainant Russell Acantilado alleged that he called the police station and because he wanted help patrolling his street. He alleged that an officer told him he couldn't talk to him and told him to call dispatch. He also alleged that a dispatcher was unprofessional. Mr. Acantilado came before the commission and requested to be heard in open session. He swore to tell the truth. He stated that he has a TRO against this kid on behalf of his entire family. One day this kid was roaming around the neighborhood where he lives. He called the police station, and the officer said he couldn't talk to him. He was told that the officer was doing an arrest. When he called 911, the dispatcher asked him if he wanted to get arrested for giving a false statement. He is concerned that the police will not help him when he calls. He asked what he could do. Hawaii Police Commission Regular Session Minutes December 21, 2018 Page 4 Deputy Corporation Counsel Hall told Mr. Acantilado that he should continue to call dispatch. Captain Shimabukuro stated that they want people to call dispatch because they want a recording of the call. In country districts, people like calling the station directly. ACTION ON COMPLAINTS AND EXECUTIVE SESSION MATTERS • Correspondence 18-07: Request for representation for Officer Derek Kenison and Police Chief Paul Ferreira in Civil No. 18-00360. Commissioner Carlson stated that he agrees with Deputy Corporation Hall's recommendation and motioned that the officers be afforded legal representation. Commissioner Paiva seconded, and it carried unanimously. • Correspondence 18-08: Request for representation for Detective Jeremy Lewis and Officers Marco Segobia, Edward Lewis, and Kyle Hirayama in Civil No. 18-00268. Commissioner Carlson stated that he agrees with the recommendation of Deputy Corporation Counsel Hall and motioned that the officers be afforded legal representation. Commissioner Paiva seconded, and it carried unanimously. • Complaint HPC 18-31: Complainant alleged that he was arrested and placed in prison with sentenced people, not the county jail for pretrial. Commissioner Hu motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Carlson seconded, and it carried unanimously. • Complaint HPC 18-32: Complainant called the police station because he wanted help in patrolling his street. He alleged that an officer told him that he couldn't talk to him, and told him to call dispatch. He also alleged that a dispatcher was unprofessional. Commissioner Paiva motioned to refer the complaint to the Police Chief for further investigation. Vice Chair De Luz seconded, and it carried unanimously. • HPC 18-33: Complainant was assaulted at her work place. She alleged that she and her husband left many messages for the officer for follow-ups, and that he failed to provide her with due diligence. Commissioner Hu motioned to refer the complaint to the Police Chief for customer service and procedural concerns. Commissioner Carlson seconded, and it carried unanimously. • HPC 18-34: Complainant stated that following a fight with someone, a responding officer threw him to the ground, and his face hit the ground. He dislocated his shoulder when he was handcuffed. Commissioner Paiva motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Obra seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes December 21, 2018 Page 5 ANNOUNCEMENTS Chair Hendricks announced that the next monthly meeting is scheduled for January 18, 2019, 9:00 a.m., West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. Commissioner Paiva thanked Chair Hendricks and Vice Chair De Luz for their work on the commission this past year. He also stated that they did a great job in hosting the State of Hawaii Police Commission Conference. ADJOURNMENT The meeting adjourned at 11:35 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: PETER HENDRICKS, CHAIR