HomeMy WebLinkAbout2019-08-23 Police Commission Regular MinutesHAWAII POLICE COMMISSION
REGULAR SESSION MINUTES OF AUGUST 23, 2019
AUPUNI CENTER CONFERENCE ROOM
101 PAUAHI ST., HILO, HAWAII
CALL TO ORDER
Chair De Luz called the meeting to order at 9:10 a.m.
ROLL CALL
Present: Wayne De Luz, Chair
John Bertsch, Vice Chair
Thomas Brown, Commissioner
Joan Obra, Commissioner
Paul Paiva, Commissioner
Absent: Denby Toci, Commissioner
A quorum was present.
Also Present: Paul Ferreira, Police Chief
Kenneth Bugado, Deputy Police Chief
Mitchell Kanehailua, Assistant Chief
James O'Connor, Assistant Chief
Samuel Thomas, Assistant Chief
Burt Shimabukuro, Captain
Malia Hall, Deputy Corporation Counsel
Josie Pelayo, Secretary
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.)
APPROVAL OF MINUTES OF JUNE 21, 2019
Commissioner Obra motioned to approve the regular and executive session minutes
with a correction that Vice Chair Colleen Pasco was present. Vice Chair Bertsch
seconded, and it carried unanimously.
POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES
• Crime Report: Assistant Chief O'Connor reported that up through July 31, they had
551 serious crimes. Of those, the Criminal Investigation Units investigated 46
cases. For the month of July, the department received 10,220 calls for service.
Assistant Chief O'Connor further reported that South Kohala, Waimea, saw an
increase in thefts. They met with businesses in the area to advise them on how to
deal with the situation. There were quite a few brush fires in South Kohala.
Squatters in Puna have been occupying foreclosed homes. Typically, there is one
person in charge of the residence who rent out space, although they have no legal
right to the home. They have arrested numerous people with warrants. They are
working with banks so they can expedite the no -trespass process and arrest people.
A lot of the houses are no longer in the shape previous to the foreclosure and have a
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Regular Session Minutes
August 23, 2019
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lot of abandoned vehicles on the property. Chair De Luz stated that he has dealt
with these people for years. Once they move in, it becomes an instant crime wave.
AC O'Connor stated that if they move out, they move on to another house.
Traffic Report: Assistant Chief Kanehailua reported that fiscal year to date July,
there were 93 traffic crashes, 15 traffic fatalities, and 84 DUI arrests. For the month
of July, 3,830 citations were issued: 2,718 moving/regulatory, 210 seat belt, 30 child
restraint, and 872 speeding. No traffic trends were identified.
Personnel Report: Assistant Chief Thomas reported having 60 sworn vacancies
without the recruits. The 89th recruit class of 14 officers is in field training which will
end September 30. They hope to deploy most of them on October 2. They are
actively working on testing for the 91St recruit class. Dispatch has 9 vacancies, 6 of
which are new positions. They are currently working on background checks on 19
applicants. Dispatch is a very difficult position to fill and retain. They have 45
assigned dispatch positions. Commissioners were encouraged to visit the dispatch
center.
Finance Report: AC Thomas reported that their Salaries & Wages target
expenditure is at 12.5%. The County Council removed overtime from their budget.
Commendations of Sworn and Civilian Employees: Chief reported receiving 13
commendations involving 50 personnel since the last meeting.
Other Department Activities: Chief Ferreira reported that they went through CALEA
assessment August 5-9. Deputy Chief Bugado reported that they first did a web -
based assessment. The site based assessment was next, and they focused on
disaster preparedness, community involvement, and patrol officer investigative skills.
The assessors did ride -a -longs. They talked to the Mayor and Civil Defense Director
and were very impressed with their disaster preparedness. They took a trip to the
volcano event and up to Mauna Kea. On the second day, they took call-in phone
calls. The received 15 calls that took most of the scheduled 2 hours. Later that
evening, they had in-person public comments where they heard 8-9 people.
Chief Ferreira reported that one of the assessors sent him an email commending his
staff on their work. The final conference will be in Kentucky where they will go
before the CALEA board. His understanding is that they did not have any
discrepancies. Accreditation is for 4 years. CALEA has upgraded their standards
since their first accreditation.
Chief Ferreira further reported that this year's new budget was passed. In that
budget, they got approval for 32 sworn positions, 10 to Puna, 10 to Ka'u, and
supervisory personnel across the island. They were also given 11 new non -sworn
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Regular Session Minutes
August 23, 2019
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positions. Regarding overtime, County Finance now has to approve overtime. Vice
Chair Bertsch stated that he's afraid they have taken authority away from the Chief.
AC Thomas reported that they are having less police recruit applicants, and it's the
same state-wide. They are all vying for the same positions.
Vice Chair Bertsch stated that regarding the recent island -wide active shooter
situation, there was a lot of feedback and information going out from the public.
Even a former police officer talked about it on the news. He asked what could be
done about that.
Chief Ferreira stated that with situations like that, they do an after incident review.
Things are happening fast, social media is getting information out, and people are
doing it instantaneously.
Vice Chair Bertsch stated that some departments do social media monitoring.
Chief stated that they do that for investigative purposes. They don't have the
resource for someone to do 24-hour monitoring. He wished they did.
Vice Chair Bertsch stated that the police department could initiate a task force to
look into this. Social media is happening so fast versus no information getting out
from the police department. If they are not progressive, they could get into trouble.
Chief Ferreira stated that they use Nixle to push out information as fast as they can.
Vice Chair Bertsch asked what their mission is now on the Daniel K. Highway, how
long they will be there, and what their exit strategy is. He is concerned about the
perception of the police department by the community.
Chief stated that right now, they are part of a joint operation. They are at a status
quo. They are now running 8 -hour shifts. Initially, they were running 12 -hour shifts.
They do have a contingency to react immediately if they need to. The community
has asked for more presence on the road. The exit strategy has to be made by the
State. Right now, it's in the negotiation phase.
Vice Chair Bertsch asked if they were enforcing the law or not enforcing the law. If
they are getting direction from the Attorney General, they should tell the public that.
They are not being put in a positive position.
Chief Ferreira stated that it's a joint effort, not solely Hawaii County Police.
Commissioner Paiva stated that he appreciates the officers being out there. He
goes up there every day. He is very happy that they are now doing enforcement.
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Chief Ferreira reported that the Kona Crime Prevention awards will be held on
September 18 at 11:30-1:30. They will recognize officers in Kona and select an
officer of the year.
FINISHED BUSINESS
• Program of Work for the Police Commission (No discussion.)
• Program of Work for the Police Chief (No discussion.)
CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION
• Police Commission's Annual Report for 2018. Chair De Luz reported that this report
is prepared every year, and will be given to the Mayor, Managing Director, and
County Council.
Recess was called at 10:05 a.m. The meeting reconvened at 10:19 a.m.
EXECUTIVE SESSION
Vice Chair Bertsch motioned to meet in executive session to consider charges against
officers or employees of the Hawaii Police Department where matters affecting privacy
will be involved, to consider sensitive matters relating to public safety, to discuss the
Police Chief's annual evaluation, and may consult with Corporation Counsel on
questions and issues pertaining to the commission's powers, duties, privileges,
immunities, and liabilities pursuant to HRS 92-5 (a) (2) (4) (6) and the Hawaii County
Charter Section 13-20 (b). Commissioner Paiva seconded, and it carried unanimously.
Executive session convened at 10:20 a.m.
Regular session reconvened at 11:53 a.m.
CONSIDERATION AND INVESTIGATION OF COMPLAINTS
• Complaint HPC 19-15: Complainant reported gunshots in the area of the farm
where he was working. He complained about the manner in which the officer
responded to him and alleged that no police report was made. Vice Chair Bertsch
motioned that there was insufficient evidence of misconduct. Commissioner Paiva
seconded, and it carried unanimously.
Complaint HPC 19-17: Complainant alleged that when an officer responded to her
call of harassment by a neighbor, she felt intimidated. She also alleged that the
officer lied to her and wanted to argue and provoke her. Vice Chair Bertsch
motioned to refer the complaint to the Police Chief for customer service concerns.
Commissioner Paiva seconded, and it carried unanimously.
Review of complaints that fall under the non -consideration rule of not meeting the
filing deadline and being speculative and hypothetical. Commissioner Paiva
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motioned to accept the decision of the Chair and Vice Chair to decline investigation.
Commissioner Brown seconded, and it carried unanimously.
ANNOUNCEMENTS
Chair De Luz stated that the HSLEOA conference is scheduled for the date of the next
meeting, so they will schedule the next meeting on September 27, 2019, at 9:00 a.m. in
the West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona,
Hawaii or another location. Ms. Pelayo will check for an available room.
ADJOURNMENT
Vice Chair Bertsch motioned to adjourn. Commissioner Paiva seconded, and it carried
unanimously. The meeting adjourned at 11:58 a.m.
SUBMITTED BY: JOSIE PELAYO, SECRETARY
APPROVED BY: WAYNE K. DE LUZ, CHAIR