2024-03-08 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 10 Commissioner Bertsch asked to define P - grievance pending. Chief Moszkowicz stated that SHOPO's Collective Bargaining Agreement allows for four steps of grievances. Step I is the employer's representative, Step 2 is the employer's representative, and Step 3 is with County Human Resources. Almost all of their grievances make it to Step 3. A lot of times it will go to Step 4 which is arbitration. If you disagree with the step, you advance to the next step. Vice Chair Bertsch inquired if it's because the officer did not agree with what was brought against him and the union is trying to reinstate the officer. That is correct and Chief Moszkowicz added that the officer can file a grievance or the union can file on behalf of the officer. Some grievances are on the books for years. Vice Chair Bertsch inquired at what point is Chief made aware of the intricacies and details that he needs to make a decision. Chief Moszkowicz stated that his involvement happens before the discipline is handed out. The officer is notified of an investigation and will submit a truthful response. An Administrative Review Board meets with the officer and makes a recommendation if the charge is sustained or not, and if sustained what the discipline should be based on past practice and employee's record. That packet goes to Chief for review and Chief will make a decision based on the recommendation and investigation. Vice Chair Bertsch stated that this information is very helpful for our education and asked if it's the Chief's position to step in any time and render a solution. Yes per Chief Moszkowicz, there are pending grievances from before Chief got here and Corporation Counsel will consult with Chief about a negotiated settlement. This gives the Chief an opportunity to review the investigation, officer's history, and issues; and they have come to negotiated settlement on cases. Chief will meet with the officer to see if there is a way they can come to an agreement. They may agree on a last chance agreement where the officer agrees to abide by special rules and if the officer breaks the rules, the officer will be terminated and cannot grieve the decision. This helps to alleviate the years long grievance process. A case that's going to Step 4 and arbitration will be handled by Corporation Counsel. When Vice Chair Bertsch asked how many grievances are pending, Chief Moszkowicz stated that the number is in the high 20s to low 30s with 8 to 10 being class action grievances, where a particular issue with work will be applied to the entire class. Vice Chair Bertsch stated that it's important that the commission have an understanding on this particular aspect of the department that was not shared by prior administrations. He applauded Chief for his transparency. Chair Robinson inquired if the SHOPO contract on wages, arbitration, and negotiations is a multi-year contract or single year contract. Chief Moszkowicz said it's a four-year contract that expires June 30, 2025.