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HomeMy WebLinkAbout2020-02-21 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINTUES FEBRUARY 21, 2020 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., STE. 9, HILO, H AWAII CALL TO ORDER Chair Bertsch called the meeting to order at 9:04 a.m. ROLL CALL Present: John Bertsch, Chair Guy Schutte, Vice Chair Rod Quartararo, Commissioner Donna Springer, Commissioner Denby Toci, Commissioner Absent: Thomas Brown, Commissioner Joan Obra, Commissioner Marcella St. Ambrogio, Commissioner Anthony Sur, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief Samuel Thomas, Assistant Chief James O'Connor, Assistant Chief Robert Wagner, Assistant Chief Burt Shimabukuro, Captain Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (See Unfinished Business.) APPROVAL OF MINUTES January 17, 2020, regular and executive session minute: Vice Chair Schutte motioned to approve the minutes. Commissioner Quartararo seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Including, but not limited to: • Crime Report: Assistant Chief O'Connor reported that up through January 31, 2020, there were 3,634 serious crimes. Of these, the Criminal Investigation units investigated 368 cases. Kona had an increase in auto thefts. There were burglaries Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 2 in two churches and an entry of a motor vehicle at a hospital. They have been educating the public to not leave items in view in locked vehicles. These are crimes of opportunity. AC O'Connor briefly explained the abandoned vehicle process. Traffic Services reviews their reports every day and send notice to the Department of Environmental Management. They do try to notify the registered owner. It costs money to have a vehicle towed away, and people have been abandoning them on the roadside. AC O'Connor reported on concerns of the canoe club. He stated that on the Hilo side, January 8 to February 18, they increased daily night enforcement. Twenty-five citations were issued, six arrested, and some warrants were served. They are partnering with other agencies - DLNR, the Prosecutor, HOPE Services, and Parks and Recreation. The University of Hawaii has canoes out there, and they have also been doing checks. Community and business groups have been doing cleanups. Cooperation with DLNR has been very good. AC Wagner stated that the first time he heard about the problems was at the last commission meeting. Since then, they made contact with various canoe clubs. They did sweeps and found homeless sleeping in the area and in the area of the King Kamehameha statue. Citations were given out. They continue to check the area. Regarding the concerns of the Kawaihae Canoe Club, they made contact with their president and vice president and are monitoring the areas. AC O'Connor stated that they moved the homeless out of the Agasa Store area, but they then moved to other places. Chair Bertsch commended the Police Department for working on this issue. Island - wide, they have seen a significant difference. AC Wagner stated that there are about 17 crime prevention cameras in Kona. One on top of the King Kam Hotel looks specifically in the canoe areas. Unfortunately, Hawaiian Tel disconnected them in error, and they have not been working since 2016. AC Thomas stated that the electronics have been rendered obsolete. Hawaiian Tel offered a compensation package that was deemed inappropriate, and it was referred to Corporation Counsel. SHELLEY OGATA, representing Council Member Sue Lee Loy, came before the commission. She stated that she passed out a letter thanking the commission for their support in addressing the concerns of the canoe clubs. They have received reports that things are getting better, but things like in the photo she distributed are happening. They want to continue working with the commission. DOUG BUMATAY, representing the canoe club, thanked the commission for their help. Since they reached out to the commission, they had immediate progress. Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 3 TROY PARKER BAILEY, a store owner in downtown Hilo, stated that these people are arrested, and when they come out, they go back to vandalizing the canoes. They get rid of them, and they are replaced by others. He's afraid that 6 months from now, it might come back. As a Moku representative, he is going to talk to all the clubs. He believes the vandalism on that canoe was retaliation. They need two more officers in the Hilo side. When officers go back to the station to book people, they are off the road. They need a booking officer. They need more officers to do patrol. These people are mentally ill, and they need a law to force them to get help. Chair Bertsch stated that this not the forum for this discussion. This is not necessarily a police department issue. We are in a 911 society where people call 911 anytime something is wrong. We need partnership and good communications. Their goal is that they are being serviced by the police department. Mr. Bailey stated that there are abandoned vehicles in the area of his shop. Ms. Hall told him to call the Department of Environmental Management. Traffic Report: AC Wagner reported that for the month of January, 4,475 citations were issued: moving/regulatory 270, seatbelt 25, child restraint 25, and speeding 841. There were no traffic trends. Personnel Report: AC Thomas reported that the 92nd recruit class started with 27; it's down to 25. In December, 461 persons applied to take the written test for the 93rd class. 240 took the written test; 138 passed. 103 showed up for the agility test; 73 passed, then 3 withdrew. Fifteen percent are re -applicants. Recruits are PO I for 18 months. Their salary is $63,000 a year. They get a vehicle allowance only after they get assigned to a district. There are 9 radio dispatcher vacancies. Four are doing on the job training. Chief Ferreira stated that police officers on all islands have the same pay. EMs (Excluded Management) are Captains and above. They are not in the SHOPO Union, but they have the same benefits. HRS states that whenever SHOPO gets a raise, the EMs get a raise. They cannot make less than the people they supervise. • Finance Report: They are over their budget due to the TMT issues. • Commendations of Sworn and Civilian Employees: Deputy Chief Bugado reported receiving 4 commendations involving 31 personnel since the last meeting. Officer Christopher Jelsma was selected as Police Officer of the Year by the Aloha Exchange Club. Chair Bertsch stated that a Kona company will be getting a table for the commissioners to attend this banquet. • Other Department Activities: Chief Ferreira reported that the recruit graduation is scheduled for March 13. Chief invited the commissioners to observe the recruits in Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 4 training at any time. On April 15, at 1:00 p.m., they go before the County Council Finance Committee regarding their budget. They were told to come up with a status quo budget, 5% reduction, and 8% reduction. The cuts will come out of equipment and training. Vice Chair Schutte stated that the small canoe club group is asking for more manpower in their area. Mrs. Lee Loy has control over the budget, and they want to cut the Police Department's budget. Commissioner Quartararo asked if the commission should take a stance on Senate Bill 2793 that reduces drug felony to misdemeanor. Chief Ferreira stated that this is in the legislature. Commissioner Quartararo asked if the Chief could give them a status report. Ms. Hall suggested they review it online. Chair Bertsch asked if there were other legislative actions of interest. Chief Ferreira stated that there are bills concerning recruitment, retirement for police officers, cannabis, and the police officer standardization board. These can be reviewed online, and they take testimony online. NEW BUSINESS Correspondence 20-01, invitation to the State of Hawaii Police Commissioners' Conference on April 23-24, 2020, hosted by the Maui Police Commission: Chair Bertsch stated that this conference is where all commissioners from the State talk about common police commission concerns. He encouraged all to attend. Chief Ferreira stated that they will find the funds for all commissioners to attend this conference which is in line with their duties. However, for HSLEOA, they want to keep it around two attendees. They will host this year's conference, so, perhaps, more people can attend. UNFINISHED BUSINESS • Program of Work for the Police Commission: Ms. Pelayo explained that this would be the commission's schedule for the year. • Program of Work for the Police Chief: Chair Bertsch stated that Chief Ferreira submitted his Program of Work, but the commission didn't do anything about it. He apologized for not acting on it sooner. Chief Ferreira stated that he has no changes, so he will finalize it and send it to the commission. • Concerns of the Moku O Hawaii Outrigger Canoe Racing Association of illegal activities in the area of canoe facilities: (Discussed during Chief's Report.) Recess was called at 10:20 a.m. The meeting reconvened at 10:33 a.m. Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 5 CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION Bertsch explained the Sunshine Law to the new commissioners. Corporation Counsel gives legal guidance, but does not tell them how to vote. If they proceed against the advice of Corporation Counsel, they could be out on a limb. They can represent the commission at community meetings. However, they cannot make decisions for the entire commission. They could suggest that concerns be brought before the entire commission. No one commission member can make a decision for the entire commission. Topics for discussion must be placed on the agenda so the public can weigh in on the subject. He suggested that if they get pulled over for a traffic stop, to accept the citation. They could inform the officer that he or she is a police commissioner, but that should not affect the officer's decision to cite. If they are in a committee meeting, etc., there is no problem for them to identify themselves as a police commissioner. They could come back and advise the Chief on community relations. Chair Bertsch asked the commissioner if felt the need for a Program of Work. Vice Chair Schutte didn't think they needed it. Commissioner Toci stated that with the responsibility they have on making decisions, sometimes they need more discussion. Chair Bertsch stated that if someone is uncomfortable about what someone says, they can question it. At the end of the day, that's that person's perspective. Vice Chair Schutte stated that after a vote, the Chair asks if there is any discussion, that's the time for discussion. Ms. Hall stated that the Sunshine Law states that an agenda is created so members of the public can weigh in. Allowing someone to speak on a non -agenda item is not how it works. It should be organized. Chair Bertsch explained going into executive session. EXECUTIVE SESSION Commissioner Quartararo motioned to meet in executive session to consider charges against officers or employees of the Hawaii Police Department where matters affecting privacy would be involved, to consider sensitive matters relating to public safety, 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). Vice Chair Schutte seconded, and it carried unanimously. Executive session convened at 11:05 a.m. Regular session reconvened at 11:20 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ✓ Complaint HPC 19-28: Complainant alleged that during his arrest, his hand was injured when handcuffs were placed on him, and that he was not fully dressed when he was taken to the jail and hospital. Vice Chair Schutte Hawaii Police Commission Regular Session Minutes February 21, 2020 Page 6 motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Springer seconded, and it carried unanimously. ✓ Complaint HPC 19-32: Complainant alleged that an officer ran a red light at an intersection, narrowly avoiding a collision. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Toci seconded, and it carried unanimously. ✓ Complaint HPC 20-02: Complainant was arrested and charged for DUI. He alleged that an officer falsely imprisoned and assaulted him. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Springer seconded, and it carried unanimously. ✓ Complaint under the non-acceptance category: Commissioner Toci motioned to ratify the Chair and Vice Chair's decision to not consider the complaint for investigation because it was not filed within 90 calendar days of the incident in which the complaint was based. Commissioner Springer seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for March 20, 2020, 9:00 a.m., in the West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. ADJOURNMENT The meeting was adjourned at 11:25 a.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR