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HomeMy WebLinkAboutCOM 0375.000 2020-2022 Mitchell D.Roti ��►t�.°F!?� John Bertsch,Chair Ma or •� 9'r Guy Schutte,Vice Chair y �1d��1Thomas Brown.,Member Pudding Lassiter,Member Rod Quartataro, Member °t—�•'� Rick Robinson,Member +i•'�Mow.. W4Donna Springer,Member Anthony Sur,Member COUNTY OF HAWAII Denby Toci,Member Police Commission Aupuni Center 101 Pauahi Street, Suite 9, Hilo,Hawaii 96720 Phone: (808)932-2950 Fax: (808)932-2949 July 30, 2021 Mayor Mitchell D. Roth County of Hawaii 25 Aupuni St. Hilo, HI 96720 SUBJECT: POLICE COMMISSION'S ANNUAL REPORTS FOR 2019 and 2020 Dear Mayor Roth: Attached are the Police Commission's Annual Reports for 2019 and 2020. Sincerely, TT John M. Bertsch Chair JMB:jp cc: Lee Lord, Managing Director Maile David, Council Chair Paul Ferreira, Police Chief Comm. Pio. Ref. To:_ __ __ Ref. Date Q Hawai`i County is an Equal Opportunity Provider and Employer. POLICE COMMISSION 2019 ANNUAL REPORT MEMBERS Wayne De Luz, Chair John Bertsch, Vice Chair Thomas Brown Jak Hu Jude Mattos Joan Obra Paul Paiva Colleen Pasco Denby Toci 101 Pauahi St., Suite 9, Hilo, Hawaii 96720 POWERS, DUTIES, AND FUNCTIONS The Hawaii County Charter states that the Police Commission shall consist of nine members, one from each council district. The members are appointed by the Mayor and confirmed by the County Council. The commission is authorized to: • Adopt rules necessary to conduct its business and may review the rules and regulations of the Police Department. • Review the Police Department's annual budget and may make recommendations to the Mayor-and Managing Director. • Submit an annual report to the Mayor, Managing Director, and County Council. • Receive, consider, and investigate charges of misconduct brought by the public against the Police Department and its members. • Advise the Police Chief on police-community relations. • Review the Police Department's operations, as deemed necessary, for the purpose of recommending improvements to the Police Chief and Managing Director. • Conduct an annual evaluation of the Police Chief's performance. INVESTIGATION OF COMPLAINTS POLICE COMMISSION RULE 6e CHARGES BROUGHT BY THE PUBLIC (a) FILING OF COMPLAINTS RECEIVED BY COMMISSION. A charge, herein called a "complaint" against the conduct of the Department or any of its officers or employees while on duty or acting under the color of authority shall be in writing, signed, and dated by the complainant under oath before a notary public. This notarized complaint must be received by the Commission's office not more than 90 days from the date of the incident. A complaint form or letter signed, dated, and notarized by the complainant's immediate family shall be accepted as a complaint if the victim is deceased. Due to the sensitive nature of the incidents involved in complaints and the possible discussion of personnel matters, all complaints will be heard in executive session unless the complainant, or officer, or Department employee chooses to be heard in open session. (b) CONSIDERATION BY THE COMMISSION. For the Commission to consider a complaint for investigation: (1) The complaint must allege an element of misconduct(malfeasance, misfeasance, or nonfeasance) by an officer or employee of the Department. (c) THE COMMISSION SHALL NOT CONSIDER A COMPLAINT FOR INVESTIGATION IF: (1) The complaint is not filed within ninety (90) calendar days of the incident in which is basis for the complaint; or 1 (2) The complaint on its face is speculative, hypothetical, or not based on factual circumstances, or (3) The complaint does not allege an element of misconduct-, or (4) The identical allegations of the complaint are being or will soon be litigated in Z= a criminal action; or (5) The complainant has given notice of the complainant's intention to seek remedies through a civil suit; or (6) The subject matter of the complaint is not within the jurisdiction of the Commission; or (7) The complainant's interest is not of the type which would give that individual standing to maintain an action in court of law, and the complainant is not an eyewitness to the events which are the basis of the complaint. If the chair or chair's designee determines that the complaint should not be considered for any of the reasons above, the Commission shall review the decision of the chair or chair's designee at the Commission's next meeting. The Commission may sustain or reverse the original determination by a majority vote. ACTIVITIES In 2019, the Police Commission held nine monthly meetings. At its meetings, the Police Chief and his management staff apprised the commission of department activities relating to crime, traffic, personnel, finance, and commendations. They discussed island-wide public safety issues and ways to improve service and safety to the community. Throughout the year, commissioners attended commanders' meetings, police week and police recruit graduation ceremonies, and various island-wide community meetings and functions. The Police Commission investigates notarized complaints at its monthly meeting. All available reports and documents relevant to the case are reviewed. The complainant and the accused are given an opportunity to present testimony and be questioned by the commission. Following this investigation, the commission may do any of the following: • Make a finding of insufficient evidence to prove the complainant's allegations or a finding of sufficient evidence to prove the complainant's allegations. • Refer the complaint to the Police Chief for further investigation or to address concerns relating to customer service, procedures, operations, or jurisdiction. • Decline investigation for reasons provided in its rules. 2 SUMMARY OF COMPLAINTS In 2019, the Police Commission received 34 notarized complaints. Two complaints were later withdrawn. Twelve complaints were declined for falling in the non-acceptance category per Rule 6. 20 COMPLAINTS INVES A 2019 ALLEGATIONS FINDINGS Insufficient Evidence Allegation to Prove the Alle a tion Referred to Chief 2018 2419 2018 2019 Conduct Towards the Public it 6 3 1 Excessive Use of Physical Force 3 1 0 0 Overbearing Conduct 0 0 1 1 Performance of Duty 7 7 5 4 TOTAL COMPLAINTS PER OFFICER/EMPLOYEE 2018 2019 Named Officer with 1 Complaint 33 18 Named Officer with 2 Complaints 2 2 Unidentified Officers 4 0 Police Department 1 0 COMPLAINTS BY DISTRICT 2018 2019 Hamakua 2 0 Ka'u 2 0 Kona 5 3 North Hilo 1 0 Puna 5 5 South Hilo 11 9 South Kohala 2 3 3 COUNTY OF HAWAI"' I POLICE COMMISSION 2020 ANNUAL REPORT MEMBERS John Bertsch, Chair Guy Schutte, Vice Chair Marcella St. Ambrogio Thomas Brown Joan ®bra Rod Quartararo Donna Springer Anthony Sur Denby Toci 101 Pauahi St., Suite 9, Hilo, Hawaii 96720 POWERS, DUTIES, AND FUNCTIONS The Hawai'i County Charter states that the Police Commission shall consist of nine members, one from each council district. The members are appointed by the Mayor and confirmed by the County Council. The commission is authorized to: • Adopt rules necessary to conduct its business and may review the rules and regulations of the Police Department. • Review the Police Department's annual budget and may make recommendations to the Mayor and Managing Director. • Submit an annual report to the Mayor, Managing Director, and County Council_ • Receive, consider, and investigate charges of misconduct brourn ght by the public against the Police Department and its members. • Advise the Police Chief on police-community relations. • Review the Police Department's operations, as deemed necessary, for the purpose of recommending improvements to the Police Chief and Managing Director. ® Conduct an annual evaluation of the Police Chief's performance. INVESTIGATION OF COMPLAINTS POLICE COMMISSION RULE 6. CHARGES OUG T BY THE PUBLIC (a) FILING OF COMPLAINTS RECEIVED BY COMMISSION. A charge, herein called a "complaint" against the conduct of the Department or any of its officers or employees while on duty or acting under the color of authority shall be in writing, signed, and dated by the complainant under oath before a notary public. This notarized complaint must be received by the Commission's office not more than 90 days from the date of the incident. A complaint form or letter signed, dated, and notarized by the complainant's immediate family shall be accepted as a complaint if the victim is deceased. Due to the sensitive nature of the incidents involved in complaints and the possible discussion of personnel matters, all complaints will be heard in executive session unless the complainant, or officer, or Department employee chooses to be heard in open session. (b) CONSIDERATION BY THE COMMISSION. For the Commission to consider a complaint for investigation: (1) The complaint must allege an element of misconduct (malfeasance, misfeasance, or nonfeasance) by an officer or employee of the Department. (c) THE COMMISSION SHALL NOT CONSIDER A COMPLAINT FOR INVESTIGATION IF: (1) The complaint is not filed within ninety (90) calendar days of the incident in which is basis for the complaint; or 1 (2) The complaint on its face is speculative, hypothetical, or not based on factual circumstances; or (3)) The complaint does not allege an element of misconduct; or (4) The identical allegations of the complaint are being or will soon be litigated in a criminal action; or (5) The complainant has given notice of the complainant's intention to seek remedies through a civil suit; or (6) The subject matter of the complaint is not within the jurisdiction of the Commission-, or (7) The complainant's interest is not of the type which would give that individual standing to maintain an action in court of law, and the complainant is not an eyewitness to the events which are the basis of the complaint. If the chair or chair's designee determines that the complaint should not be considered for any of the reasons above, the Commission shall review the decision of the chair or chair's designee at the Commission's next meeting. The Commission may sustain or reverse the original determination by a majority vote. ACTIVITIES In 2020, the Police Commission was affected by the Covid-19, and only seven monthly meetings were held during the year. At its meetings, the Police Chief and his management staff apprised the commission of department activities relating to crime, traffic, personnel, finance, and commendations. They discussed island-wide public safety issues and ways to improve service and safety to the community. Commissioners were unable to attend the usual commanders' meetings, police week and police recruit graduation ceremonies, and various island-wide community meetings and functions due to Covid restrictions. The Police Commission investigates notarized complaints at its monthly meeting. All available reports and documents relevant to the case are reviewed. The complainant and the accused are given an opportunity to present testimony and be questioned by the commission. Following this investigation, the commission may do any of the following: • Make a finding of insufficient evidence to prove the complainant's allegations or a finding of sufficient evidence to prove the complainant's allegations. • Refer the complaint to the Police Chief for further investigation or to address concerns relating to customer service, procedures, operations, or jurisdiction. • Decline investigation for reasons provided in its rules. 2 SUMMARY OF COMPLAINTS In 2020, the Police Commission received 42 notarized complaints. Thirteen complaints were declined for falling in the non-acceptance category per Rule 6. 29 COMPLAINTS INVESTIGATED IN 2020 ALLEGATIONS & FINDINGS Insufficient Evidence Allegation to Prove the Allegation Referred to Chief 2019 2020 2019 2020 Conduct Towards the Public 6 9 1 2 Excessive Use of Physical Force 1 3 0 2 Overbearing Conduct 0 0 1 0 Performance of Duty 7 12 4 0 Not Impartial 0 0 0 1 TOTAL COMPLAINTS PER OFFICERIEMPLOYEE 2019 2020 Named Officer with I Complaint 18 29 Named Officer with 2 Complaints 2 3 Unidentified Officers 0 6 COMPLAINTS BY DISTRICT 2019 2020 Kona 3 8 Puna 5 3 Hilo 9 14 South Kohala 3 4 3