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HomeMy WebLinkAbout2020-07-17 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JULY 17, 2020 WEST HAWAII CIVIC CENTER 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HI CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:05 a.m. Present John Bertsch, Chair Guy Schutte, Vice Chair Thomas Brown, Member Rod Quartararo, Member Donna Springer, Member Marcella St. Ambrogio, Member Anthony Sur, Member Denby Toci, Member Absent: Joan Obra, Member A quorum was present Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Police Chief James O'Connor, Assistant Chief Robert Wagner, Assistant Chief Samuel Jelsma, Acting Assistant Chief Burt Shimabukuro, Captain Craig Masuda, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES February 21, 2020, regular and executive session minutes: Vice Chair Schutte motioned to approve the minutes. Commissioner St. Ambrogio seconded, and it carried unanimously. ACCEPTANCE OF CORRESPONDENCE Vice Chair Schutte motioned to accept the correspondence listed below. Commissioner St. Ambrogio seconded, and it carried unanimously. • Correspondence 20-02: Request for representation by Corporation Counsel from Officer Paul Isotani in CV 20-00202 RT. • Correspondence 20-03: Request for representation by Corporation Counsel from Officer Luke Watkins in CV 20-00202 RT. • Correspondence 20-04: Request for representation by Corporation Counsel from Officer Landon Takenishi in CV 20-00202 RT. Hawai'i Police Commission Regular Session Minutes July 17, 2020 Page 2 • Correspondence 20-05: Request for representation by Corporation Counsel from Police Chief Paul Ferreira in 20-CV-00247-DKW-KJM. • Correspondence 20-06: Request for representation by Corporation Counsel from Officers Landon Takenishi, Luke Watkins, and Paul Isotani in 1:20-CV-00208-JAO- WRP. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief O'Connor reported that through June 20, there were 6,001 serious crimes. Of those cases, the Criminal Investigation Units investigated 616 cases. In June, the department received 8,478 calls for service. Of those, 2,314 were for criminal and traffic and 6,164 for miscellaneous public assistance. Traffic Report: Assistant Chief Wagner reported that for the fiscal year up to June 20, there were 909 traffic crashes, 22 traffic fatalities, 14 DUI fatalities, and 952 DUI arrests. For the month of June, 4,885 citations were issued: 338 seat belt, 3,494 moving/regulatory, 33 child restraint, and 1,020 speeding. In response to questions, AC Wagner stated that enforcement is focused on high fatality areas such as the Queen K and Daniel K Highways and Highway 11. AC O'Connor stated that every month they get the commanders' reports, and they then focus on areas of concern. They like to educate the public and use speed boards. Personnel Report: Major Jelsma, Acting AC of Administration, reported having 73 sworn vacancies. Taking out those in recruit classes, they have 57 vacancies. The 90th recruit class has 6 recruits, 91St class 14, and 92nd class 22. They are finishing interviews for the 93rd class today. They anticipate new hires being appointed on August 17. Recruitment for the 94th class ended in July. Of note, in January 2020, they conducted a recruitment in which 461 applied, 240 took the written test, 138 passed the written test, 103 showed up for the agility course with 35 no-shows. They now have a current recruit pool of 33. They have 14 police radio dispatcher vacancies. Seven were recommended for hiring, but two declined. They will conduct another dispatcher recruitment in August. Commissioner Sur stated that he heard complaints about the tone of the dispatchers which can be heard on scanners. Chair Bertsch stated that when you listen to the scanner, it's listening to the dispatcher and the officer. Chief Ferreira stated that Acting AC Jelsma just came on board. Regarding recruitment, after the agility, they fall off for various reasons. They are given an open book on past history. If an applicant gives a reference, they need to be sure that person will give them a good reference, and this is the same for previous employers. They look at life skills. Getting into trouble as a juvenile will not necessarily leave them out. They do outreach in the public and in the schools. They tell them that what they do in their teenage years can affect them. Selling drugs is an automatic denial. Hawaii Police Commission Regular Session Minutes July 17, 2020 Page 3 Chief Ferreira further reported that 56 officers are eligible for retirement, and all officers above captain are eligible for retirement. In a few years, about 30% of the department will hit the 25 years service for retirement. The disdain across the nation for police officers and changes across the nation is scarey. They do a lot of training for the officers. He told the commission that when they hear of complaints, they need to be told about it. When a complaint is made, they look at it from both sides. A lot of times, they find out circumstances are different from what is being said. Hopefully, the bodyworn cameras will help. He wants to know of complaints when it happens, not 3 months later. Dispatchers go through six weeks of training in using the phone. He would not be able to do a dispatcher's job even with his 37 years of service. He wants his call takers to take as much information as they can. This helps keep officers safe. Dispatchers and officers go through a lot of training. Chair Bertsch told the commissioners that if they hear complaints, they need to ask, "who, where, why, and when" and then provide the information to the Chief. They don't want to proliferate a rumor mill. Chief Ferreira welcomed all commissioners to visit the dispatch center. Finance Report: Acting AC Jelsma reported that their total expenditure is at 100%, and they expended 89.32%. Total S & W expended is 91.48%. They do their best to stay on budget. If they have a high vacancy, they will have overtime. Chief Ferreira reported that their 2020-21 budget was approved with a 10% reduction. Incidents will increase their overtime. Their overtime budget was cut 10%. All travel has been zeroed out. They are going into a real lean year and will cut back as much as they can. They will make use of available grants. With Covid- 19, they have not been able to bring in instructors and are doing virtual training. Commendations of Sworn and Civilian Employees: Deputy Chief Bugado reported receiving 35 commendations involving 39 personnel since the last police commission meeting. Five officers will be receiving certificates of merit for a life- saving incident, and Officer Robinson will receive a bronze medal. Other Department Activities: Chief Ferreira reported that they had hoped to start their bodyworn camera program, but are short IT personnel. The trainer comes from Arizona, so they will have to do the training virtually. They can do a presentation on the bodyworn cameras at the next meeting or another meeting. The 92nd recruit class graduation ceremony will be scaled back because of Covid-19. On August 1, they will make 14 sergeant promotions. Right now, he knows of 4 impending retirements by the end of the year. Public Works is finalizing plans for the joint Police -Fire Dispatch Center. He doesn't expect groundbreaking to start before the end of this mayor's term. Regarding the new Kea'au police substation and fire station, the issue has been finding an adequate location. Regarding maintenance of the Hilo station, maintenance is the first thing to go when the budget is cut. Painting Hawai'i Police Commission Regular Session Minutes July 17, 2020 Page 4 of the building was supposed to be done when Jimmy Correa was Chief. It has not yet been done. Tomorrow is the anniversary of the death of Officer Bronson Kaliloa. Police Department's Program of Work for FY 2020-21: Chief Ferreira corrected that the Program of Work is his, not the Police Department's. There was no discussion. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (No report.) Recess was called at 10:10 a.m. The meeting reconvened at 10:15 a.m. (CLOSED SESSION) EXECUTIVE SESSION Vice Chair Schutte 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 to 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 St. Ambrogio seconded, and it carried unanimously. Executive session convened at 10:16 a.m. Open session reconvened at 1:17 a.m. ACTION ON EXECUTIVE SESSION MATTERS Request for representation by Corporation Counsel: ✓ Correspondence 20-02 ✓ Correspondence 20-03 ✓ Correspondence 20-04 ✓ Correspondence 20-05 ✓ Correspondence 20-06 Vice Chair Schutte motioned to approve the requests listed above. Commissioner Quartararo seconded, and it carried unanimously. Investigation of Complaints ✓ Complaint HPC 20-04: Complainant alleged that during her arrest, she was unable to make arrangements for her children or to secure her property. She complained about the process while being arrested. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Springer seconded. The motioned carried with nays from Commissioners Sur and Toci. ✓ Complaint HPC 20-05: Complainant alleged that officers went into her home without her permission or a warrant and arrested her boyfriend. Commissioner Hawaii Police Commission Regular Session Minutes July 17, 2020 Page 5 Toci motioned that there was insufficient evidence to prove the complainant's allegations. Vice Chair Schutte seconded, and it carried unanimously. ✓ Complaint HPC 20-14: Complainant alleged that an officer accosted him while he was being tested for employment. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations. Vice Chair Schutte seconded, and it carried unanimously. ✓ Complaint HPC 20-18: Complainant alleged that when officers responded to her landlord's complaint, they were rude and disrespectful. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations. Vice Chair Schutte seconded, and it carried unanimously. ✓ Complaint HPC 20-19: Complainant alleged that she was injured during her arrest for DUI. Commissioner Toci motioned to refer the complaint to the Chief for further investigation. Vice Chair Schutte seconded, and it carried unanimously. ✓ Complaint HPC 20-20: Complainant complained about the manner in which he and his family were spoken to when his vehicle was repossessed and towed away. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Toci seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for August 14, 2020, 9:00 a.m., in the Aupuni Center Conference Room, 101 Aupuni St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 1:26 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR