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Home My WebLink About2021-05-21 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES MAY 21, 2021 WEST HAWAII CIVIC CENTER, BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII In the absence of Chair John Bertsch and Vice Chair Guy Schutte, Commissioner Brown motioned to appoint Pudding Lassiter as Acting Chair for the meeting. Commissioner Sur seconded, and it carried unanimously. CALL TO ORDER AND ROLL CALL Acting Chair Lassiter called the meeting to order at 9:05 a.m. Present: Thomas Brown, Commissioner Pudding Lassiter, Acting Chair for this meeting Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Denby Toci, Commissioner Absent: John Bertsch, Chair Guy Schutte, Vice Chair A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief Chad Basque, Assistant Chief Samuel Jelsma, Assistant Chief James O'Connor, Assistant Chief Brian Prudencio, Detective Jean Campbell, Deputy Corporation Counsel Josie Pelayo, Secretary In the absence of Chair John Bertsch and Vice Chair Guy Schutte, Commissioner Brown motioned to appoint Pudding Lassiter as Acting Chair for the meeting. Commissioner Sur seconded, and it carried unanimously. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES March 19, 2021, regular and executive sessions: Commissioner Quartararo motioned to approve both minutes. Commissioner Springer seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes May 21, 2021 Page 2 POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Crime Report: Assistant Chief O'Connor reported that up through April 30, they had 4,864 serious crimes. The Criminal Investigation Units investigated 527 cases of these case. In the month of April, the department received 8,662 calls for service, 84,874 for the fiscal year-to-date. No trends were seen. Hopefully, the jails are now more willing to accept prisoners rather than releasing them. Previously, there was no consequence to crime. In response to questions, he stated that Hawaii has a public intoxication statute, and it is in the County Code. The officer uses discretion, and typically, a person is not arrested for that. They try to contact a relative, friend, or taxi to take the person home. East Hawaii, which includes Hilo and Puna, does have a higher rate of crime. Traffic Report: Assistant Chief Basque reported that for April 21, 2021, fiscal year-to- date, there were 638 traffic crashes. For the month of April, 5,360 citations were issued: 3785 moving/regulatory, 366 seat belt, 18 child restraint, and 1,191 were for speeding. Personnel Report: Assistant Chief Jelsma reported that as of April 30, there were 60 sworn vacant positions and 8 dispatch positions unfilled. The 93rd recruit class has 18 in field training. On June 16, they will receive solo assignments. The 94th recruit class will start 32 new hires on June 1. They are going through lieutenant promotions. Dispatcher is a high demand position with high stress, and it is shift work. It requires a certain type of person. Finance: Up to 4/30/21 fiscal year, their targeted expenditure was 80.78%; actual was 85.30%. S & W target was 87.5%; actual was 85.3%. Unused funds go back to the county. It is use it or lose it. The 2021-22 fiscal year budget of $72,953,183 includes a 5% overall reduction. The County Council is reviewing it this week. Commendations: Deputy Chief Bugado reported that the Kona Crime Prevention Committee recognized Officer Chelsey Santos as the Kona Officer of the month for May. She was nominated for her efforts in increasing DUI enforcement. The Aloha Exchange Club of East Hawaii recognized Officer Laurence Davis as officer of the month for March for his ability to consistently de-escalate potentially dangerous situations and for his professionalism. Since the last Police Commission meeting, the department received 13 commendations involving 18 personnel in recognition for their outstanding services. Commissioner Lassiter stated that it seems like there is more good press coming out of Kona. She would like the department's media person to work more with the media. Commissioner Quartararo stated that the rapport with the officers during Coffee with a Cop in Kona is really good, and he hopes they continue with it. Chief Ferreira stated that Captain Briski in Puna met with papaya farmers at 3:30 in the morning to discuss Hawaii Police Commission Regular Session Minutes May 21, 2021 Page 3 their concerns. They had sign waving around the island for police week. They pushed out a media release on Monday and Tuesday. West Hawaii Today had good news releases, but the Hawaii Tribune Herald was lacking. Chief Ferreira reported that shortage of dispatchers is a nationwide issue. It's a stressful job. Dispatchers go from one call to another never knowing what will happen. They now do a realistic job interview where they bring the candidates into the dispatch center to see what is happening. They have dedicated dispatcher trainers, and training is very demanding. They have dispatchers from other islands apply, but he hasn't seen it from the mainland. They have been working for years to get a joint police/fire dispatcher center. • Other Department Activities: Chief Ferreira reported that they did a small police week ceremony only for the families in front of the Hilo Memorial. Recess was called at 9:40 a.m. The meeting reconvened at 9:50 a.m. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (None.) 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 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 Brown seconded, and it carried unanimously. Executive session convened at 9:52 a.m. Open session reconvened at 12:37 p.m. ACTION ON EXECUTIVE SESSION MATTERS Correspondence 21-05: Request for representation by Corporation Counsel in CV 19- 00209, Bernhardt vs. County of Hawaii and Stanley Kaina. Commissioner Sur motioned to approve representation by Corporation Counsel. Commissioner Toci seconded, and it carried unanimously. • Complaint HPC 21-08: Complainant alleged that officers were rude and biased. At the previous meeting, there were 4 ayes for insufficient and 2 nays. At that time, a mistake was made that 5 votes were needed to carry, and the complaint was carried to the next meeting. There were 7 present with 4 being a majority, and it should have carried at that time. Commissioner Sur motioned that the commission's previous decision of Hawaii Police Commission Regular Session Minutes May 21, 2021 Page 4 insufficient evidence to prove the complainant's allegations of misconduct will stand. Commissioner Springer seconded, and it carried unanimously. Complaint HPC 21-21: Complainant stated that an officer asked her to confirm what happened in her complaint. She alleged that it was incorrect. Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Toci seconded, and it carried unanimously. • Complaint HPC 21-22: Complainant alleged that an officer was rude and biased against her. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. • Complaint HPC 21-24: Complainant was arrested and charged with DUI. She alleged that the charges were fabricated and the officer refused to believe her and didn't read her rights. Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. Complaint HPC 21-27: Complainant stated that he was stopped on the highway checking his car. He alleged that an unidentified officer stopped, asked if he could search his vehicle, said he smelled marijuana, and told him to throw the marijuana out on the side. He has a medical marijuana permit. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. Complaint HPC 21-32: Complainant's neighbor called the police about a quarrel over chickens and its eggs. She alleged that the officer made false statements, and that he was biased against her. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Lassiter seconded, and it carried unanimously. Complaint HPC 21-33: Complainant stated that he was rear-ended by an off-duty police officer. He alleged that the inadequate and perceived lack of appropriate and thorough handling of the accident created a diminished trust and transparency in the police department. Commissioner Toci motioned to refer the complaint to the Police Chief for customer service and procedural concerns as noted in the complaint. Commissioner Sur seconded, and it carried unanimously. • Review of complaints in the non-acceptance categories of not being notarized and not filing within 90 days of the incident. Hawaii Police Commission Regular Session Minutes May 21, 2021 Page 5 ✓ HPC 21-17: Commissioner Lassiter motioned to accept the Chair's decision to decline investigation due to the 90 -day rule. Commissioner Springer seconded, and it carried unanimously. ✓ HPC 21-23: Commissioner Toci motioned to accept the Chair's decision to decline investigation due to the 90 -day rule. Commissioner Lassiter seconded, and it carried unanimously. ✓ HPC 21-28: Commissioner Lassiter motioned to accept the Chair's decision to decline investigation because the complaint was not notarized. Commissioner Toci seconded, and it carried unanimously. ANNOUNCEMENTS Commissioner Brown announced that the next meeting is scheduled for June 18, 2021, 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 12:45 a.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: PUDDING LASSITER, ACTING CHAIR