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Home My WebLink AboutCOM 0150.000 2022-2024 ;�vv.gc �q± Thomas Brown,Chair Mitchell D. Roth °•' " Denby Toci,Vice Chair Mayor Dylan Andrion,Member +: � �'�\�� • John Bertsch, Member Pudding Lassiter, Member *• f +:•�.� Rod Quartararo, Member .•�'��• a 08,! Rick Robinson,Member Donna Springer, Member COUNTY OF HAWAII Anthony Sur,Member Police Commission Aupuni Center 101 Pauahi Street, Suite 9, Hilo, Hawai`i 96720 ti ' ' Phone: (808)932-2950 Fax: (808)932-2949 -- February 27, 2023 c Mayor Mitchell D. Roth County of Hawaii 25 Aupuni St. Hilo, HI 96720 SUBJECT: POLICE COMMISSION'S ANNUAL REPORTS FOR 2021 and 2022 Dear Mayor Roth, Attached are the Police Commission's Annual Reports for 2021 and 2022. Sincerely, Thomas Brown Chair TB:cc cc: Lee Lord, Managing Director Heather Kimball, Council Chair Benjamin Moszkowicz, Police Chief Comm. No. 190 Ref. To: -- Ref. Date MAR - 1 2023 Hawai`i County is an Equal Opportunity Provider and Employer. COUNTY OF HAWAII POLICE COMMISSION 2021 ANNUAL REPORT MEMBERS John Bertsch, Chair Guy Schutte, Vice Chair Thomas Brown Pudding Lassiter Rod Quartararo Rick Robinson Donna Springer Anthony Sur Denby Toci 101 Pauahi St., Suite 9, Hilo, Hawai`i 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 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. ACTIVITIES In 2021, the Police Commission held eight 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. The commission's secretary retired on September 30, 2021, leaving the position vacant until February 1, 2022. During this time, the commission was unable to have monthly meetings and carry out its duties. INVESTIGATION OF COMPLAINTS 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. 1 POLICE COMMISSION RULE 6. 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 (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. 2 SUMMARY OF COMPLAINTS In 2021, the Police Commission received 46 complaints. Two complaints were later withdrawn. Seven complaints were declined for falling in the non-acceptance category per Rule 6. 37 COMPLAINTS INVESTIGATED IN 2021 ALLEGATIONS & FINDINGS Insufficient Evidence Allegation to Prove the Allegation Referred to Chief 2020 2021 2020 2021 Conduct Towards the Public 9 20 2 1 Excessive Use of Physical Force 3 2 2 0 Overbearing Conduct 0 2 0 1 Performance of Duty 12 9 0 1 Impartial Attitude 0 1 1 0 COMPLAINTS BY DISTRICT 2020 2021 Hamakua 0 0 Ka'u 0 0 Kona 8 10 North Hilo 0 0 Puna 3 5 South Hilo 14 18 North Kohala 0 0 South Kohala 4 4 3 COUNTY OF HAWAII POLICE COMMISSION 2022 ANNUAL REPORT MEMBERS John Bertsch, Chair Thomas Brown, Vice Chair Dylan Andrion Pudding Lassiter Rod Quartararo Rick Robinson Donna Springer Anthony Sur Denby Toci 101 Pauahi St., Suite 9, Hilo, Hawai`i 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 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 Chiefs performance. ACTIVITIES In 2022, the Police Commission held nine regular monthly meetings. At its monthly 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. In addition to the regular monthly meetings, the commission held four special meetings to discuss the selection of the new Police Chief for the Hawai`i Police Department. These special meetings were held in Hilo and Kona, and were available via Zoom, to allow for more public participation. Police Chief Paul Ferreira retired on August 31, 2022, after 40 years of service. At its meeting on December 16, 2022, the Police Commission appointed Major Benjamin Moszkowicz as Police Chief for the Hawai`i Police Department. INVESTIGATION OF COMPLAINTS 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. 1 POLICE COMMISSION RULE 6. 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 (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. 2 SUMMARY OF COMPLAINTS In 2022, the Police Commission received 59 complaints. Two complaints were later withdrawn. 10 complaints were declined for falling in the non-acceptance category per Rule 6. 47 COMPLAINTS INVESTIGATED IN 2022 ALLEGATIONS & FINDINGS Insufficient Evidence Allegation to Prove the Allegation Referred to Chief 2021 2022 2021 2022 Conduct Towards the Public 20 4 1 2 Excessive Use of Physical Force 2 0 0 0 Overbearing Conduct 2 5 1 4 Performance of Duty 9 19 1 1 1 Impartial Attitude 1 0 0 0 Mistreatment of a Person in Custody 0 0 0 1 Truthfulness 0 1 0 0 COMPLAINTS BY DISTRICT 2021 2022 Hamakua/North Hilo 0 1 Ka`u 0 I Kona 10 9 Puna 5 11 South Hilo 18 22 North Kohala 0 0 South Kohala 4 3 3