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HomeMy WebLinkAboutREP GOEAC 027 2025-03-18 2024-2026Hawaii County Council-10 CONFIRMED: Ayes: Council Members Galimba, Hustace, Kagiwada, Kdneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba — 8. Noes: Absent: Excused ORDER OF RESOLUTIONS None. Council Member Villegas — 1. None. April 2, 2025 Res. 74-25: AUTHORIZES THE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI`I Authorizes the Police Department to enter into two agreements with the Department of Homeland Security relating to immigration and customs enforcement and one agreement with the Federal Bureau of Investigations relating to the Safe Streets Task Force. Reference: Comm.125 Intr. by: Council Member Kagiwada (B/R) Negative: GOEAC-27 (Due to a vote of 4-ayes, 3-noes, 2-absent) AMENDED TO DRAFT 2 (see Communication No. 125.31), AND ADOPTED: Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, and Chair Inaba — 5. Noes: Council Members Hustace, Kagiwada, Kimball, and Villegas — 4. Absent: None. Excused: None. Page 3 REPORT OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS DATE: March 18, 2025 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 9:01 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 125/Res. No. 74-25 Your Committee on Governmental Operations and External Affairs, to which was referred Resolution No. 74-25, reports as follows: Resolution No. 74-25, transmitted by Director of Finance Diane Nakagawa via Communication No. 125, dated January 30, 2025, authorizes the Mayor to enter into intergovernmental agreements with Federal and State partners to support their continued cooperation with the Hawaii Police Department (HPD) for the safety of the County of Hawaii. Resolution No. 74-25 authorizes the Police Department to enter into two agreements with the Department of Homeland Security (DHS) relating to immigration and customs enforcement and one agreement with the Federal Bureau of Investigations (FBI) relating to the Safe Streets Task Force. This bill was previously heard and postponed on February 18, 2025. Governmental Operation and External Affairs Meeting of February 18, 2025 Assistant Police Chief Sherry Bird was present in the Kona Chambers. She said that this is a process of formalizing these agreements that have been in place for many years, and they are going through an annual process of review. Committee Member Michelle Galimba stated that some of the concerns are coming from worries about how the Federal government is being viewed and not reflective of local values and how HPD is viewed. Member Galimba asked how they are partnering with Federal officers regarding imbedding agents within HPD. Assistant Chief Bird said that Federal officers might be involved with HPD officers regarding felony offenses, not immigration offenses. Member Galimba asked if Memorandums of Understanding (MOUs) could be updated in the future without further approval by Council. Assistant Chief Bird said they are working on a process to bring these agreements back annually for discussion and approval at Council. Committee Member Rebecca Villegas said that she understands the benefits of collaboration with Vice working with HPD on fentanyl and other drug enforcement issues. However, she added that there is specific vulnerability that is happening right now in our communities. Committee Member Matt Kaneali`i-Kleinfelder asked if there was an end date on these agreements. Assistant Chief Bird said that they do not have an end date unless either parry submits a written 30-day notice of termination. Member Kaneali`i-Kleinfelder asked what does this agreement allow the department to do that GOEAC Report No. 27 GOEAC-27 Page 2 March 18, 2025 they otherwise cannot do. Assistant Chief Bird said it allows them to work investigations with their Federal partners and use Federal resources and tools that HPD doesn't have. Committee Member Ashley Kierkiewicz requested more time for Council members and community to review these documents and suggest amendments. She also mentioned State House Bill 22 that addresses immigration concerns is advancing at the State Legislature. Committee Member Holeka Inaba stated that if there were no concerns around the existing agreements, then he suggested that additional clarifying language in the Resolution that refers to the specific agreements may address the concerns so that members aren't authorizing something they aren't aware of. Committee Chair Jenn Kagiwada stated that she had heard concerns around language within the existing agreements. Chair Kagiwada then asked Liza Ryan Gill, Executive Director of the Hawaii Coalition for Immigrant Rights, via Zoom, to explain further the point Assistant Chief Bird had made regarding the purpose clause within the MOU, as recently Homeland Security's purpose has changed. Ms. Ryan Gill said that from recent meetings with the new and outgoing Special Agent in charge of investigations at HSI (Homeland Security Investigations), they received confirmation that some of HSI priorities have changed in the last month. They were previously prioritizing cybersecurity, but now with the mandates that have come down from new executive orders at the Federal government, they are now responsible for and taking the lead on deportations. As their priorities have shifted, a major concern would be wondering if they are expecting HPD to shift priorities as well. Committee Member Heather Kimball said that she is in favor of postponement to the Call of the Chair to give all involved time to work on additional amendments, and waiting to see how House Bill 22 advances at the State. Chair Kagiwada summarized some of the issues that the community and Council members brought up that may need amendments - including deputizing HPD officers, a firewall to keep issues of deportation off the workload for HPD, and reimbursement if HPD is called in to help with Federal enforcement issues. Member Inaba moved to postpone until March 181h, and it was seconded by Committee Member Dennis "Fresh" Onishi. All Committee members voted in favor of postponement. Governmental Operation and External Affairs Meeting of March 18, 2025 Police Chief Benjamin Moszkowicz and Assistant Police Chief Sherry Bird were present in the Kona Chambers to discuss the Memorandums of Understanding. Chief Moszkowicz said that HPD officers aren't trained for immigration enforcement and he doesn't have the staff for that, along with not being authorized to do immigration enforcement actions under Title 8 of the United States Code. He reiterated that HPD officers can enforce County and State law, but not Federal Law. Once an MOU is in place, they are able to get their HPD officers trained as Task Force Officers (TFO) and they are able to work together to get certain authorizations to allow them to use Federal investigative tools and processes, to be able to investigate large and serious crimes under the jurisdiction and at the expense of the Federal Government. These MOUs have been in place for a long time, and this resolution is refreshing and updating these documents, including point of contact information. GOEAC Report No. 27 GOEAC-27 Page 3 March 18, 2025 Chief Moszkowicz then spoke about the MOUs individually. The FBI body camera footage language is being updated, as it was not included in older versions of these agreements. He stated that the first Homeland Security Investigations MOU is to create TFOs authorized under Title 19 of the U.S. Code who can help conduct Federal investigations. The MOU includes language to limit what these powers include and states that HSI is not conveying the authority to enforce administrative violations of immigration law. This means that TFOs do not have Title 8 authority. The final MOU is regarding the use of office space that HSI has had access to over at least the last five years. Two HSI officers spend time and use office space within HPD buildings; they have two desks and a filing cabinet. This MOU keeps that relationship updated and current. Chief Moszkowicz added that all these agreements are subject to a 30-day withdrawal period from either side. Additionally, he added that these MOUs are not authorizing a 287(g) relationship, as some testifiers were concerned about. To do that, it would require an additional agreement that, as Chief, he is not interested in entertaining. Chief Moszkowicz explained that within the framework of the MOU, he sees the role of HPD officers as conducting investigations and making arrests using Titles 19 and 18 of Federal law regarding violations of criminal law, for example, regarding violent crime, robberies, drug trafficking, and human trafficking. Chief Moszkowicz said that within real examples that have played out in our community recently, he sees HPD officers' roles as 1) protect people from injury and violence, 2) protect people's rights, and 3) provide humanitarian assistance in whatever way they can. Member Rebecca Villegas stated that she is not in support of these MOUs because of how the Federal government is behaving regarding upholding the rule of law, not because she does not trust HPD. Member Kimball asked Corporation Counsel Renee Schoen and Deputy Corporation Counsel Cody Frenz for their legal interpretation regarding the last clause on authority, where HSI Honolulu says they are granted enforcement jurisdiction under Titles 18 and 19 of the U.S. Code. Ms. Frenz said in Section 2 of that MOU it is listing what authority HSI Honolulu is granted under Federal statutes. Committee Member James Hustace asked Chief Moszkowicz if he was able to explain what the other counties have agreed to and why our County has the only Department of Homeland Security MOU. Chief Moszkowicz said that the other counties have similar agreements. Member Hustace then asked about the shared space MOU and associated costs that we may not be compensated for. Chief Moszkowicz said that they are not incurring additional costs in allowing these agents to utilize shared HPD space. Member Inaba asked what the difference is between 287(g) enforcement versus Immigration and Customs Enforcement Form 73-001. He said that in reading the forms, it appears to allow for the same type of enforcement. Ms. Frenz stated that if those boxes on the form are not checked, then they are not intending to move forward with those enforcement actions. GOEAC Report No. 27 GOEAC-27 Page 4 March 18, 2025 Member Kimball asked if it was possible for the County Council to initiate a 30-day period for termination of an MOU and if it could be done through Resolution or some other method. Ms. Frenz said that Council could potentially urge the Mayor or HPD to initiate termination of an MOU but not require it. Member Kimball asked for methods of greater transparency regarding public communication surrounding this issue. Chief Moszkowicz said that some of the members of the Council are doing outreach to community to help share information in a healthy way. He also said that meeting with various outreach groups and advocates in the community are helpful towards strengthening trust and partnerships. Chair Kagiwada asked Ms. Ryan Gill what their organization's biggest concerns are on this topic. Ms. Ryan Gill stated that as we are only two months into the new Federal Administration and there is so much uncertainty as the situation is ever evolving, she hopes that both the Council and HPD see the necessity of continuing these important conversations with advocates and community. Chair Kagiwada said that while she has concerns about passing these MOUs, she believes that HPD involvement helped make some of these Federal enforcement actions better than they may have otherwise been. She highlighted the value that HPD brought to the situations and urged collaboration in supporting and connecting with their community and family before people are deported. Chair Kagiwada asked if it was possible to amend any of the agreements. Chief Moszkowicz said that it is not possible to amend the standard MOU language in any substantive way. Member Inaba said that he supported moving the Resolution forward with amendments, including language on restricting which duties or responsibilities could be allowed with HPD regarding forms referenced earlier. Your Committee on Governmental Operations and External Affairs is not in accord with the purpose and intent of Resolution No. 74-25, and forwards it to Council with a negative recommendation. slm AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS JE KA I ADA, CHAIR GOEAC REPORT NO.: 27 ADOPTED: