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Home My WebLink About2020-08-14 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES AUGUST 14, 2020 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER AND ROLL CALL Vice Chair Schutte called the meeting to order at 9:03 a.m. Present: Guy Schutte, Vice Chair Thomas Brown, Commissioner Rod Quartararo, Commissioner Donna Springer, Commissioner Marcella St. Ambrogio, Commissioner Anthony Sur, Commissioner Denby Toci Commissioner Absent: John Bertsch, Chair A quorum was present. Also present: Kenneth Bugado, Deputy Chief Robert Wagner, Assistant Chief Samuel Jelsma, Acting Assistant Chief Kenneth Quiocho, Major Burt Shimabukuro, Captain Craig Masuda, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES July 17, 2020, regular and executive session minutes: Commissioner Quartararo motioned to approve the minutes. Commissioner Toci seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Including, but not limited to: • Crime Report: Major Quiocho reported that up to July 31, there were 474 serious crimes. The Criminal Investigation Units investigated 40 of those cases. Traffic Report: Assistant Chief Wagner reported that ending July, the first month of this fiscal year, 5,275 citations were issued: 4,027 moving/regulatory, 294 seatbelt, 39 child restraint, and 915 speeding. Total traffic accidents were 55 vs. 95 the previous year. There was 1 traffic fatality as compared to 0 the previous year. 80 motorists were arrested for DUI compared to 84 the previous year. In response to questions, he stated that the major hotspots for speeding are Queen K Highway, DKI Hawaii Police Commission Regular Session Minutes August 14, 2020 Page 2 Highway, and the Kea'au Highway stretch and is mainly in 55 mph zones. They focus traffic enforcement in high speed areas where they have fatalities. They tend to use the stealth stat mostly in lower speed zones such as subdivisions where people complain of speeding. Commissioner St. Ambrogio expressed concern of speeding in Pepe`ekeo in the 45 mph zone in the area of the post office. AC Wagner stated that he will relay the information to AC O'Connor to see if they can work with State Highways on this. Commissioner Quartararo asked if anything could be done with the lights in the Makala intersection in Kona that are difficult to see. He also stated that they have seen burned areas in the baseball dugouts at the old airport. AC Wagner thought that the dugouts should be locked when not in use. Personnel Report: Major Jelsma reported that as of July 31, they have 71 sworn vacancies, but with the 14 in the 92nd recruit, they have 57 vacancies. As of July 31, the department filled 426 of the 483 sworn positions and 134 of the 155 civilian positions. For the 91 st recruit class, they have 13 in solo assignment until March 15, 2021. For the 92nd recruit class, they have 21 in field training until December 17, 2020. The 93rd recruit class has 25 new hires who will start on August 17. For this 93rd recruit class, 461 applied, 240 took the written test, 138 passed, 103 attended the agility test, and they currently have 33 in their recruitment pool. After the screening process, they now have 25 to start the class. They put out a new Police Officer I recruitment June 28 -July 7. Police Radio Dispatcher I recruitment will open August 16-25. Written exam is scheduled for September 24. They have 10 dispatch vacancies. Finance Report: For fiscal year-to-date 7/31/20, their overall targeted expenditures is 12.50%; actual was 12.21 /%. S & W was targeted at 12.50%; actual was 8.79%. The reduction was due to County Finance posting July's S & W to August. Next month's report should be back on track. For FY 2019-20, the budget was $70,068,506, a decrease due to Area I and Area II TEU S & W being paid out of the Highway Fund. For Fiscal Year 2020-21, approved was $72,091,319. This includes the 10% overall budget reduction. • Commendations of Sworn and Civilian Employees: Deputy Chief Bugado reported that Police Chief Ferreira was on vacation. He thanked Commissioner Springer for attending the graduation ceremony yesterday. There were six commendations involving 13 personnel since the last commission meeting. Officer Ellsworth Fontes, of the Hamakua District, was elected Officer of the Month for July by the Aloha Exchange Club of East Hawaii. He was nominated for his work in investigating several thefts that occurred at a research farm in Hamakua which resulted in the apprehension of the suspect. Hawaii Police Commission Regular Session Minutes August 14, 2020 Page 3 Other Department Activities: They continue to deal with the Covid-19 challenges. A lieutenant was scheduled to attend the FBI National Academy, but it was pushed back to next year. The travel quarantine was reinstated on August 11, and they were asked to provide presence at the airport. At least two officers are stationed at both Hilo and Kona airports between 7:00 a.m. and 9:00 p.m. They also respond to possible quarantine violations. Local people are concerned that visitors are bringing in the virus. Calls can be made to their non -emergency number at 935-3311. The construction of their joint police -fire dispatch center on Mohouli St., mauka of the police station, will be put out for bid in September. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (No report.) Recess was called at 9:30 a.m. The meeting reconvene 9:48 a.m. EXECUTIVE SESSION Commissioner Springer 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, 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 Toci seconded, and it carried unanimously. Executive session convened at 9:53 a.m. Open session reconvened at 10:34 a.m. ACTION ON EXECUTIVE SESSION MATTER • Consideration and Investigation of Complaint HPC 20-06: Complainant alleged that officers put her in harm's way when they responded to her call for assistance. Commissioner Quartararo motioned to defer the complaint to the next meeting in Hilo as requested by the complainant. Commissioner Brown seconded, and it carried unanimously. EXECUTIVE SESSION Commissioner Toci 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, 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 Springer seconded, and it carried unanimously. Executive session convened at 10:36 a.m. Open session reconvened at 11:48 a.m. Hawaii Police Commission Regular Session Minutes August 14, 2020 Page 4 ACTION ON EXECUTIVE SESSION MATTER Consideration and Investigation of Complaints ✓ HPC 20-07: Complainant alleged that during a traffic stop, an officer threatened him and used profanity. Commissioner Quartararo motioned to decline further investigation because the complaint on its face is speculative, hypothetical, and not based on factual circumstances. Commissioner Toci seconded, and it carried unanimously. ✓ HPC 20-11: Complainant alleged that officers harassed and hurt her when she was arrested. Commissioner Brown motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Toci seconded, and it carried unanimously. ✓ HPC 20-13: Complainant complained about the manner in which an officer questioned her regarding a missing person, and that he later arrested her on a warrant. Commissioner Springer motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Toci seconded, and it carried unanimously. ✓ HPC 20-16: Complainant alleged that while stopped on the roadway during a police incident, a bullet whizzed past his passenger side window. Commissioner Toci motioned that there was insufficient evidence to prove the allegation of misconduct. Commissioner Brown seconded, and it carried unanimously. ✓ HPC 20-17: Complainant alleged that he did not receive a call from an officer regarding the status of his case. Commissioner Toci motioned that there was insufficient evidence to prove the allegation of misconduct. Commissioner St. Ambrogio seconded, and it carried unanimously. ✓ HPC 20-22: Complainant is homeless. She alleged that while sleeping behind the Hilo Armory, at night, two unidentified officers awoke her and told her she couldn't be there. She also alleged that one of the officer told her to leave the island and that he would harass her every day. Commissioner Brown motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Springer seconded, and it carried unanimously. ✓ Complaints in the non-acceptance category: ➢ HPC 20-08: Commissioner Brown motioned to accept the Chair's decision to decline investigation because on its face, the complaint is speculative and hypothetical. Commissioner Toci seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes August 14, 2020 Page 5 ➢ HPC 20-09: Commissioner Toci motioned to accept the Chair's decision to decline investigation because on its face, the complaint is speculative, hypothetical, and not based on factual circumstances. Commissioner Quartararo seconded, and it carried unanimously. ➢ HPC 20-10: Commissioner Toci motioned to accept the Chair's decision to decline investigation because on its face, the complaint is speculative and hypothetical. Commissioner Sur seconded, and it carried unanimously. ➢ HPC 20-15: Commissioner Toci motioned to accept the Chair's decision to decline investigation because the complaint does not allege an element of misconduct. Commissioner Springer seconded, and it carried unanimously. ➢ HPC 20-21: Commissioner Toci motioned to accept the Chair's decision to decline investigation because on its face, the complaint is speculative and hypothetical. Commissioner Brown seconded, and it carried unanimously. ANNOUNCEMENTS Vice Chair Schutte announced that the next meeting is scheduled for September18, 2020, 9:00 a.m., in the West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. ADJOURMENT The meeting was adjourned at 12:14 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: GUY SCHUTTE, VICE CHAIR