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HomeMy WebLinkAbout2021-03-19 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES MARCH 19, 2021 WEST HAWAII CIVIC CENTER 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:03 a.m. Present: John Bertsch, Chair Guy Schutte, Vice Chair Thomas Brown, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Anthony Sur, Commissioner Absent: Donna Springer, Commissioner Denby Toci, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief Chad Basque, Assistant Chief Samuel Jelsma, Assistant Chief Kenneth Quiocho, Major Brian Prudencio, Detective John Mukai, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF REGULAR AND EXECUTIVE MINUTES OF FEBRUARY 19. 2021 Vice Chair Schutte motioned to approve the minutes. Commissioner Sur seconded. Discussion: Chair Bertsch stated that he would like to amend the regular session minutes, bottom of page 3 under Chair's Report, and add that he wants to start an executive educational program with items to include the budget. The motion carried unanimously with the amendment. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES The following are brief summaries of the written reports: Crime Report: Major Quiocho reported that up through February 28, there were 3,911 serious crimes. Of those, the Criminal Investigation Units investigated 416 cases. For the month of February, the department received 7,934 calls for service. There were some serious events in Area II, but no distinct crime trends. There is always an Hawaii Police Commission Regular Session Minutes March 19, 2021 Page 2 increase in crime when there is an influx in population. Puna had an increase in population and crime. They recently had promotions and always need more personnel. AC Basque stated that in Area II, they are trying to get Kona Patrol to forward more cases to CID, and they are accepting more cases than normal. A lot of the cases start and end in patrol, but they are trying to do better by referring to CID. The intent is to do a better investigative product in the end. Major Quiocho stated that when you have an investigator involved, you have someone with more knowledge. They try to get the more serious crimes in front. Commissioner Quartararo stated that he has seen an increase in foot traffic, especially in Kona village. He asked if they were adjusting to that increase in foot traffic. AC Basque stated they have had increased activity and more calls for infractions. Calls for service has gone up. They have not yet added more manpower. They could use help from DLNR. Traffic Report: AC Basque reported that for FY to -date February 21, they had 496 traffic crashes, 10 traffic fatalities, 4 DUI fatalities, and 770 DUI arrests. For the month of February, 5,877 traffic citations were issued: 4,103 moving/regulatory, 406 seatbelt, 17 child restraint, and 1,351 for speeding. Personnel Report: AC Jelsma reported having 70 sworn vacancies through February 28. With 17 in recruit class, it comes out to 53. As of January, 89% of the sworn positions were filled and 83.9% civilian positions filled. There are 14 vacancies for radio dispatcher. The 94th police recruitment ran June 28 -July 7. 456 applied, 275 took the written exam, 159 passed, and 94 passed the agility exam. They have 68 in the recruitment pool. They also have recruitments for lieutenants and captains. • Finance: AC Jelsma reported that for FY to -date 2/28/21, their targeted expenditure was 65.46% and the actual was 64.54%. Their total budget for this fiscal year is $72,091,319 which includes a 10% reduction. They submitted their FY 21-22 budget of $72,603,183 which includes a 5% overall reduction. Chair Bertsch stated that for the edification of the commission, the budget is driven by collective bargaining salaries and wages which is an area they consider untouchable. When they talk about a 10% reduction that is what is left over for operations. That 10% reduction includes things like training, equipment, supplies, and office supplies. AC Jelsma stated that the figures they gave are the actual amount vs. the budget that was presented which was initially a bit more than that. Hawaii Police Commission Regular Session Minutes March 19, 2021 Page 3 • Commendations: Deputy Chief Bugado reported that they received 5 commendations involving 13 personnel since the last commission meeting. On March 29, the Aloha Exchange Club of East Hawaii will be recognizing Officer Joshua Willing as the 2020 Aloha Exchange Club Officer of the Year. Due to Covid, this ceremony is being kept extremely small in their training room. Chief Ferreira reported that the Kona business community commended the Area II Operations CPOs for their response with regards to the homeless population and issues that affect businesses. Aimee Wana was promoted to Major in Administrative Services in Hilo and Sherry Bird was promoted to Major in Kona Operations. They now have two command staff who live in the Kona district or have a long history in that district. Other Department Activities: Chief Ferreira reported that April 11-17 is National Public Safety Tele -Communicator's Week which is emergency 911 dispatchers. They will have an in-house ceremony with a luncheon. Their budget review will go before the County Council on April 14. Their budget went up $600,000 from last year's actual primarily due to collective bargaining raises or operating costs such as utilities. Their training account was increased, but their travel account is zero. The council budget hearing will take public statements in Hilo and Kona. Chair Bertsch stated that the commission has oversight on promotions. As a commission, he would like to incorporate that into their executive leadership program. They would like to know how promotions are made from Police Officer I and up and how the executive team is chosen. He will confer with the commissioners on what areas of interest that they would like to be educated on. Chief Ferreira stated that the more the commission understands what they do, the more advantageous it is when reviewing complaints. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION Chair Bertsch stated that Sergeant Thomas Koyanagi of the Area II Traffic Enforcement Unit would be giving them a presentation. Sergeant Koyanagi came before the commission. He stated that he is the commander of Area II Traffic Enforcement Unit. He gave the commissioners a written overview of the TEU and then went over it. The written overview is on file. EXECUTIVE SESSION (Closed to the Public) Commissioner Lassiter motioned to meet in executive session to consider charges against officers or employees of the 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 10:27 a.m. Hawaii Police Commission Regular Session Minutes March 19, 2021 Page 4 Open session reconvened at 12:29 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Correspondence 21-01: An individual requested the Police Commission's assistance in having the police investigate his case of fraud. The individual will be notified that a case has been initiated in the Puna District on his behalf, and he is to provide the requested information to the officer in charge of his case. • Correspondence 21-03: The Maui Police Commission requested the Hawaii Police Commission's assistance in investigating their complaints of misconduct. The Maui Police Commission will be notified that the Hawaii Police Commission does not have the resources to conduct the investigations they requested. • Complaint HPC 21-07: Complainant alleged that an officer spoke violently to her and removed her from her residence. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. • Complaint HPC 21-08: Complainant alleged that officers were rude and biased. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Lassiter seconded. Ayes were called by Schutte, Sur, Lassiter, and Bertsch. Nays were called by Quartararo and Brown. Discussion: Vice Chair Schutte stated that those voting nay should voice their concerns. Commissioner Quartararo stated that he felt it should be referred to the Chief for customer service concerns. Vice Chair Schutte reminded that if it doesn't move today, it goes to the next meeting. Commissioner Brown stated that he ran commission meetings and understands the process. The motion died. Chair Bertsch stated that they could revisit this after they vote on the rest of the complaints or continue it to the next meeting when they have more commissioners in attendance. • Complaint HPC 21-09: Complainant alleged that officers were rude and biased. 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 21-11: Complainant alleged that an officer threatened and harassed him when she responded to a call of him parked in an access lane, and then she arrested him for DUI. Commissioner Brown motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. • Complainant HPC 21-12: Complainant alleged that officers harassed and threatened her when she was involved in a traffic stop and then arrested her on a warrant. Hawaii Police Commission Regular Session Minutes March 19, 2021 Page 5 Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Schutte seconded, and it carried unanimously. • Complaint HPC 21-20: Complainant alleged that when responding to his noise complaint, an officer was unprofessional, rude, and suggested that he would be arrested for making unsubstantiated claims. Vice Chair Schutte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sure seconded, and it carried unanimously. HPC 21-08 (revisited): Chair Bertsch stated that the complaint is insufficient inasmuch as the factual times, dates, and officers. The lieutenant (Officer #1) presented himself because he was listed on the complaint. Officer #2 was also listed on the complaint. The date of 1/9/21 is contrary to the date that Officer #1 stated that he was on the case. The written complaint has the incident dates of 1/9/21 and 1/22/21. According to the lieutenant's testimony and the documentation that they have associated with this complaint, neither officer was on scene during the time and dates of this complaint. He doesn't know if the recording is associated with 08, 07, or 09 or the date and time given. He can only rule and act upon complaints that are brought correctly in front of the commission. He gave instructions in 09 to the individual that she could bring forth additional complaints. In his opinion, as the Chair, he cannot rule sufficient on this particular complaint, and that is why he ruled insufficient. He called for a motion. Vice Chair Schutte motioned that there was insufficient evidence. Commissioner Lassiter seconded. Ayes: Bertsch, Lassiter, Schutte, Sur. Nay: Quartararo, Brown. The motion died. This will be continued to the next meeting. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for April 16, 2021, 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 12:39 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH CHAIR