2024-08-08 Police Commission Regular Minutes

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Hawai'i Police Commission Regular Session Minutes Special Meeting August 8, 2024 Page 7 Vice Chair Bertsch expressed that officers should have the ability to bring concerns to the commission. Without that information, it's difficult for the commission to advise the chief effectively or provide a fair evaluation. DCC Salas-Ferguson suggested waiting until a specific situation arises before analyzing it, as it's challenging to address hypotheticals without specific details. Vice Chair Bertsch recalled a previous instance where the commission received a complaint from an officer but chose not to accept it, a decision he feels may have been shortsighted. He believes the officer should have been allowed to present their case, and the commission could then determine if it fell within their jurisdiction or should be addressed with the chief. Chair Robinson noted that the officer had already filed a complaint with OPS. There was a discussion about providing the commission with orientation and training. Previously, training focused mainly on the Sunshine Law, but the commission expressed a need for additional training to better serve the department. Chief Moszkowicz acknowledged their request and explained that much of the desired information overlaps with what they teach recruits. He suggested that it wouldn't be difficult to arrange a day during recruit training to include the commission. Since recruit classes begin every four months with a new curriculum, this could become an ongoing process for new commissioners. He agreed that it would enhance the commission's ability to perform its duties. Commissioner Ing expressed his support, noting that when he suggested this last year, many commissioners were opposed, and he was glad to see the commission now moving forward with the idea. Chief Moszkowicz added that the training could be offered voluntarily, leaving the decision to participate up to the commission. Whether it becomes mandatory would depend on the appointing authority. Chair Robinson asked for the chief's input regarding complaints referred to him for further action, whether related to customer service concerns or further investigation. He noted that the commission doesn't always know what happens after referrals. While they receive the annual report to the legislature, they don't get updates on other referred matters. When OPS reports back, they only see that it was referred to the chief but not the final outcome. Chief Moszkowicz explained that once a case is referred, they conduct an investigation, which involves Garrity or compelled statement, which typically leads to an Administrative Review Board (ARB), a finding, and a recommendation. That recommendation goes to him, and he makes the final decision on whether the charge is sustained, exonerated, or unfounded. If sustained, he decides on the appropriate discipline or non-disciplinary action. He believes the commission receives everything up to the decision on discipline or non- disciplinary measures, similar to what is shared with complainants. Chief Moszkowicz