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HomeMy WebLinkAbout2021-02-19 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 19, 2021 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HI 96720 CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:06 a.m. Present: John Bertsch, Chair Tom Brown, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Absent: Guy Schutte, Vice Chair Denby Toci, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Police Chief Chad Basque, Assistant Chief James O'Connor, Assistant Chief Brian Prudencio, Detective John Mukai, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES Commissioner Quartararo motioned to approve the regular and executive session minutes of February 19, 2021. Commissioner Lassiter seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: AC O'Connor reported that up through January 31, 2021, they had 3,461 serious crimes. The Criminal Investigation Units investigated 363 of those cases. For the month of January, they had 8,808 calls for service — 2,503 for criminal/traffic and 6,305 for miscellaneous public assistance. In response to questions, AC O'Connor stated that within CID is CIS that investigates felony crimes involving adults. JAS investigates juvenile crimes and domestic cases. Vice does gambling and prostitution. They also have canine handlers. Clearance rates go with the fiscal year. Sometimes crimes are held over to the next year until they are solved. Hawaii Police Commission Regular Session Minutes February 19, 2021 Page 2 The grand jury for the island is starting up again, and they should be getting closures. They are doing roving DUI check points. Traffic Report: AC Basque reported that as of February 5, 2021, they had 432 traffic crashes vs. 607 the previous year, 8 traffic fatalities vs. 15 previous year, 3 DUI fatality vs. 13 previous year, and 679 DUI arrests vs. 617 previous year. For the month of January, 6,219 citations were issued: 4,519 moving/regulatory, 352 seat belt, 30 child restraint, and 1,318 speeding. They will have an increase in enforcement when the graduated recruits hit the road. Personnel Report: Deputy Chief Bugado reported that through January 31, there were 73 sworn vacancies. Minus the 22 in the 93rd recruit class, they have 51 actual vacancies. The department filled 89.4% of sworn vacancies as well as 84% of civilian positions. The 91St recruit class has 14 members in solo assignment until March 15. The 92nd recruit class has 19 members on solo assignment until August 18. The 93rd recruit class began field training on February 16. At the last meeting, there was discussion about female applicants. The 93rd recruit class of 22, has 3 females. They are doing background checks on 73 people in the 94th recruit class pool. The 95th recruitment was closed on February 16. Twenty-five is a manageable number in a recruit class. Chief Ferreira stated that it takes about a year from the time there is a recruit announcement, to the written test, and then to the agility test. Once they clear those, their names are referred to the police department. They do a personal history questionnaire including employment, references, etc. They are excluded if there is any kind of felony crime or if they sold drugs. They go through a psychological exam. If they test positive for drugs, they are out. Field training is 3 months, and then they get an additional 6 months training. Probation is 18 months. Deputy Chief Bugado reported that they are processing 24 dispatcher applicants for hire in April. • Finance: Deputy Chief Bugado reported that up to January 31, targeted expenditures was 58.63% and the actual was 57.71 %. S & W target was 62.5% and actual was 61.66%. The fiscal 2020-21 budget approved was $72,091,319. Commendations: Deputy Chief Bugado reported receiving 10 commendations involving 28 personnel since last meeting. Other Department Activities ✓ Annual Misconduct Report to the Legislature: Chief Ferreira reported that Corporation Counsel advised them to withhold names of officers who were disciplined because of a SHOPO lawsuit. Their initial report was submitted on Hawaii Police Commission Regular Session Minutes February 19, 2021 Page 3 January 4 then revised on January 8. Following further consultation with Corporation Counsel, they filed an amended report on January 27 that included the names of officers. The names withheld were those pending arbitrations or grievances. Individuals who have been terminated and exhausted their administrative remedies have been named. The report is posted on their website. They do annual drug screening for all sworn personnel. They do other checks when it is called for. ✓ Oversized Vehicles: Commissioner Sur stated that he brought up this issue. On the DUI check points and seat belts, he knows that the police department doesn't stop these people. He encouraged the police to stop them. He's talking about trucks 4 ft. off ground and tires extending out a foot. He has been in contact with Council member Aaron Chung about this. He wants an amendment to the county code, where the tires don't stick out at all. In the past, there were press releases, but he wants to see more. Chief Ferreira reported that he discussed this with Commissioner Sur. When they do scheduled DUI roadblocks, that's all they can do. If they see an oversized truck, they have to let it go. They can issue citations during regular traffic enforcement. News releases are a good suggestion. Sometimes the threat of enforcement helps. There are two legislative bills for reconstruction. There are two other bills, one for complete statistics on every traffic stop and another codifies the public's right to video tape law enforcement actions and allows the public to sue the police ✓ Commissioner Sur stated that regarding fireworks, AC O'Connor previously stated that they had to view the person with the fireworks. Chief Ferreira stated that a video is not sufficient, they must also have statements from witnesses. ✓ Chief Ferreira started that Council Member Inaba wants to recognize police officers and fire personnel at the council meetings for doing something good. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION Chair Bertsch reported that he had the privilege and honor to attend the recent recruit graduation. The Chief and his staff put on a good program. He encouraged the commissioners to attend the monthly commanders' meetings. He told the Chief that he would like a TEU presentation at the next commission meeting. Commissioner Bertsch stated that he would like the commissioners to have a better understanding of the budget. It would help to support the Chief in his budget requests. Per the charter, the commission is responsible for oversight of the budget. He would like to start an executive educational program for the commissioners with items to include the budget. Hawaii Police Commission Regular Session Minutes February 19, 2021 Page 4 Recess was called at 10:04 a.m. The meeting reconvened at 10:12 a.m. EXECUTIVE SESSION (Closed to the public.) Commissioner Robinson 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 review 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 Lassiter seconded and it carried unanimously. Executive session convened at 10:15 a.m. Regular session reconvened at 12:19 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 20-40: Complainant alleged that he was injured during his arrest. 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 20-41: Complainant alleged that the police did not investigate his complaint of stolen mail. Commissioner Sur motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Brown seconded, and it carried unanimously. Complaint HPC 20-42: Complainant alleged that an officer was rude and unprofessional when responding to a landlord/tenant dispute. Commissioner Springer motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Quartararo seconded, and it carried with a nay by Commissioner Brown. Complainant HPC 21-02: Complainant alleged that an officer did not come to her home as planned. She also alleged that when he called, he was unprofessional, discourteous, and rude. Commissioner Brown motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. • Complaint HPC 21-04: Complainant alleged that she gave an envelope to an officer regarding a TRO violation, but the officer returned it to her. Commissioner Springer motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes February 19, 2021 Page 5 Complaint HPC 21-05: Complainant alleged that an officer did nothing about a TRO. Commissioner Springer motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Brown seconded, and it carried unanimously. • Complaint HPC 21-06: Complainant alleged that an officer refused to take her envelope to serve a TRO. Commissioner Lassiter 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 21-01: Commissioner Brown motioned to accept the Chair's decision to decline investigation because the subject matter is not within the jurisdiction of the commission. Commissioner Springer seconded, and it carried unanimously. ✓ HPC 21-03: Commissioner Springer motioned to accept the Chair's decision to decline investigation because the complaint was not filed within 90 days of the incident. Commissioner Brown seconded, and it carried unanimously. ✓ HPC 21-10: Commissioner Brown motioned to accept the Chair's decision to decline investigation because the subject matter of the complaint is not within the jurisdiction of the commission. Commissioner Springer seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for March 19, 2021, 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 12:25 p.m. SUBMITTED BY: APPROVED BY: JOSIE PELAYO, SECRETARY JOHN BERTSCH, CHAIR