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Home My WebLink About2020-11-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES NOVEMBER 20, 2020 WEST HAWAII CIVIC CENTER, BLDG. G CONF. RM. 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:11 a.m. Present: John Bertsch, Chair Guy Schutte, Vice Chair Tom Brown, Commissioner Rod Quartararo, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Marcella St. Ambrogio, Commissioner Absent: Denby Toci, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief James O'Connor, Assistant Chief Robert Wagner, Assistant Chief Samuel Jelsma, Major Craig Masuda, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES October 16, 2020, regular and executive sessions: Commissioner Quartararo motioned to approve the minutes. Commissioner Springer seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES (Items from the Chief's written reports were highlighted.) Crime Report: Assistant Chief O'Connor reported that up through October 30, 2020, there were 1986 serious crimes. The Criminal Investigation Units investigated 213 of those cases. For the month of October, there were 8,393 calls for service: 2,321 for criminal/traffic and 6,072 miscellaneous public assistance. Traffic Report: Assistant Chief Robert Wagner reported that FYTD 10/20/20 there were three traffic fatalities and 387 DUI arrests. For the month of October, 6,329 citations were issued: 4,622 moving/regulatory, 398 seatbelt, 43 child restraint, and 1,266 speeding. Hawai'i Police Commission Regular Session Minutes November 20, 2020 Page 2 O'Connor recognized AC Wagner who will retire at the end of November with 30+ years of service. Personnel Report: AC Jelsma reported that Scott Uehara of their IT Department is moving to the new mayor's administration, so his position is vacant. Denise Laitinen was hired as their new Public Relations Specialist. Through October 31, they had 77 sworn vacancies, but subtracting those in the 92nd and 93rd recruit classes, they have 43 vacancies. They have three on-going recruit classes at varying stages of training. They have 10 radio dispatcher vacancies. (Vice Chair Schutte entered at 9:21 a.m.) • Finance Report: Major Jelsma reported that for FY 2020-21, up to 10/31/20, the overall targeted expenditure was 37.35%; actual was 36.04%. Targeted S & W was 37.50%; actual was 36.84°/x. Their FY 20-21 budget was approved for $72,091,319 which includes a10% overall reduction. They submitted their FY 21-22 budget of $71,509,724 which includes a 5% overall reduction. Commendations of Sworn and Civilian Employees: Deputy Chief Bugado reported receiving 8 commendations involving 7 personnel since the last commission meeting. CPO Joseph Rocha of Hamakua was name Officer of the Month by the Aloha Exchange Club. Officer Ansel Robinson was named Officer of Month by the Kona Crime Prevention Committee. Other Department Activities: Chief Ferreira reported that they are anticipating three more retirements by the end of the year. The department is very young. Years ago, Mayor Yamashiro put a hold on hiring. They ended up having to do many years of catchup and had very large recruit classes. Those officers now have 25 years of service and qualify for retirement. Training is a 9 -month process. They are very mindful of their numbers. Five to ten years from now, this will be a different department. (Commissioner Brown entered at 9:34 a.m.) They rolled out their bodyworn cameras the second week in November in Puna, Hilo, and Kona, the largest districts. They haven't had any complaints about it, and this will be closely watched. Chief Ferreira reported that the Legislature created a Law Enforcement Standards Board headed by the AG's office. The legislature tried to fix a problem but overreached and included positions such as tax inspector and are now having problems... The board requested funding, but that bill died. Chief Ferreira stated that with everything going on in the mainland, they have not seen an exodus from HPD. Historically, they have a very poor record with mainland Hawaii Police Commission Regular Session Minutes November 20, 2020 Page 3 applicants. Living here, they don't have any family support system, and they oftentimes move make to the mainland. They have had officers who left for other government agencies and want to come back. They have a 3 -year return policy. They received new equipment in their Dispatch Center, and it now looks a lot better. Commissioners were invited to visit the center. Commissioner Quartararo stated that the Kona ball park at the old airport has seen a lot of improvement. The homeless who camp out at night, pack up and leave in the morning Commissioner St. Ambrogio stated that this is her last meeting and thanked everyone. Chief Ferreira thanked her for her role in the different volunteer organizations. Deputy Corporation Counsel Masuda started that a new Corporation Counsel is coming in, and this could be his last meeting. Recess was called at 9:51 a.m. The meeting reconvened at 10:09 a.m. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (None EXECUTIVE SESSION (Closed to the public.) Vice Chair Schutte motioned to meet in executive session to consider charges against officers or employees of the police department where matters affecting privacy will be involved, to work on the evaluation of the Police Chief, 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 St. Ambrogio seconded, and it carried unanimously. Executive session convened at 10:13 a.m. Open session reconvened at 12:28 p.m. ACTION ON EXECUTIVE SESSION MATTERS Consideration and Investigation of Complaints • Complaint HPC 20-23: Complainant alleged that an officer arrested her client at the courthouse while court was in recess and should have done it after the trial had concluded. Vice Chair Schutte motioned to refer the complaint to the Police Chief for customer service and procedural concerns. Commissioner Brown seconded, and it carried unanimously. Complaint HPC 20-24: Complainant alleged that during a traffic stop, an officer was discourteous, threatened her, and lied to his supervisor when she complained. Vice Hawai'i Police Commission Regular Session Minutes November 20, 2020 Page 4 Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Brown seconded, and it carried unanimously. Complaint HPC 20-26: Police were called to assist with issuing a no -trespass order to a hotel guest. Complainant alleged that a responding officer immediately arrested him and mocked him during the arrest process. Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Brown seconded, and it carried unanimously. Complaint HPC 20-30: Complainant alleged that when officers responded to his home for a domestic incident, all officers showed favoritism towards his wife. Commissioner Sur motioned to refer the complaint to the Police Chief for further investigation. Commissioner St. Ambrogio seconded, and it carried unanimously. Complaint HPC 20-32: Complainant alleged that during his arrest, an officer did not have a mask on and used excessive force when putting the handcuffs on. Commissioner Springer motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Schutte seconded, and it carried unanimously. • Review of complaint in the non-acceptance category of being speculative, hypothetical, or not based on factual circumstances. Commissioner St. Ambrogio motioned to accept the Chair and Vice Chair's decision to decline investigation because the complaint on its face is speculative, hypothetical, and not based on factual circumstances. Commissioner Springer seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for December 18, 2020, 9:00 a.m. in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 12:36 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR