10-24-2025 Board Packet for PC Meeting

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Hawai'i Police Commission Regular Session Minutes September 19, 2025 Page 6 Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at 10.54 a.m. SUMMARY OF EXECUTIVE SESSION MATTERS Vice Chair Bertsch reported that during executive session, the commission reviewed the Hawai'i Revised Statutes requirement stating that the chief of police must be a citizen of the United States and a resident of the State of Hawai'i for at least one year immediately preceding appointment. The statute also provides that this one-year residency requirement may be waived by the appointing authority when the appointive officer is employed as the head of a county police department. He explained that while the original intent of the commission was not to waive the residency requirement, it was brought to their attention that this statute has been challenged multiple times in court and has often been found unenforceable. To avoid potential legal challenges or delays in the appointment process, the commission determined that it would be in the best interest of the department and the public to waive the residency provision. Accordingly, the commission intends to allow any applicant who meets the minimum qualifications to apply for the position, regardless of residency. Vice Chair Bertsch made a motion that the commission waive the one-year residency requirements which is outlined in HRS § 78-1(b)(2) and open the application process to any qualified applicant that meets the minimum qualifications established by the commission rules. Commissioner Lacerte seconded the motion. There was no discussion, and the motion carried unanimously. UNFINISHED BUSINESS Discussion and action regarding the commission's application and interview process for the selection of the police chief. The commission discussed the timeline and procedures for recruiting and selecting the next police chief. Commissioner Botelho presented a draft timeline that projected the appointment of a new chief by April 15, 2026. Vice Chair Bertsch advocated for a more expedited process, citing the previous selection, which took approximately four months (August to December). The primary motivations for expediting the process were the commission's duty to provide the department and community with a permanent chief as soon as possible and the fact that other counties are concurrently searching for a police chief. DCC Salas-Ferguson explained that the priority is to post the notice and finalize the interrogatories. The process can follow a set timeline or proceed step by step. Once the notice is posted, applications will be received, and it will take at least a couple of weeks for