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HomeMy WebLinkAbout2021-06-18 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 18, 2021 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAII CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:06 a.m. Present: John Bertsch, Chair Thomas Brown, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur Commissioner Denby Toci, Commissioner Absent: Guy Schutte, Vice Chair A quorum was present. Also present: Paul Ferreira, Police Chief Chad Basque Assistant Chief Samuel Jelsma, Assistant Chief James O'Connor, Assistant Chief Kayne Kelii, Detective Brian Prudencio, Detective Malia Hall, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None at this time of the meeting.) APPROVAL OF MINUTES • May 21, 2021, regular and executive sessions: Commissioner Lassiter motioned to approve both minutes. Commissioner Toci seconded, and it carried unanimously. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief O'Connor reported that up to May 31, 2021, there were 5,329 serious crimes. The Criminal Investigation units investigated 573 of those cases. For the month of May, the department received 9,285 calls for service: criminal/traffic 2,739 and miscellaneous public assistance 6,546. Commissioner Toci stated that she saw a Facebook posting by Ikaika Marzo talking about all the criminal activities and people taking things into their own hands. AC O'Connor stated that they are constantly putting people in jail over and over again. They are let out and go back into the same toxic environment. They are constantly dealing with the same people over and over again. They do theirjob to the best of their Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 2 ability, and the courts release them. All the rights seem to go the arrested people. He has seen officers resign out of frustration. To him that has to change. He understands why people feel that way. Many years ago he dealt with a burglar who told him that he steals from people who have a job, so they can pay to buy another piece of property. In another case, they say people have insurance. These people have no respect for others. Their most common calls for service are for suspicious people, domestics, theft, and probably something that happened with homeless people. Calls are pretty steady, with the majority coming from Hilo, Puna, and Kona. Traffic Report: AC Basque reported that for fiscal year-to-date, they had 707 traffic crashes, 16 traffic fatalities, and 12 DUI fatalities. For the month of May, 5,575 citations were issued: moving/regulatory 4,095, seatbelt 357, child restraint 21, and 1,102 for speeding. Personnel Report: AC Jelsma reported that as of June 16, they had 51 sworn vacancies. 93.9% of their 483 sworn positions are filled. They have 9 police radio dispatcher vacancies. 85.8% of the 155 civilian positions are filled. Their 94th recruit class started on June 1, 2021, with 32 new hires. They have since lost 3. For their 95th recruit class, 465 applied. 287 took the written exam; 146 passed. 146 were asked to take the agility test. Of those who showed up, 85 passed. 78 returned their personal history questionnaire, and they haven't even started the background checks. Recruitment is in progress for Lieutenants, Police Officer III, and Police Radio Dispatcher I. • Finance: Fiscal year expenditures up to 5/31/21: Target was 87.64%, actual 85.11 %. S & W target was 95.83%, actual 92.93%. • Commendations: Chief Ferreira reported having 6 commendations involving 7 personnel since the last commission meeting. • Other Department Activities: Chief Ferreira reported that four officers involved in the recent shooting are currently on administrative leave. They see a psychologist for a wellness check. If they are okay, they can be released to duty. CORRESPONDENCE Correspondence 21-04: Susan Olsen expressed concerns about her request for records from the Police Department and how the Police Department and State agencies handled her son's mental health issues. Commissioner Toci motioned to accept and file it. Commissioner Lassiter seconded, and it carried unanimously. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION • Community relations: Commissioner Toci stated that the last meeting there was discussion on West Hawaii Today putting out more police related media releases than the Hawaii Tribune Herald and asked if the commission could have anything to do with Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 3 more media releases. Chief Ferreira stated they send the same information to both newspapers, but it is the publisher who decides what to publish. Denise Laitinen is their public information officer. They have used the Mayor's PIO for some news releases. Commissioner Sur stated that at the last meeting, they were told that police do not issue citations for traffic accidents they have not witnessed. Chief Ferreira stated that they will issue citations for regulatory violations. The officer will not issue a citation of failure to yield if they didn't see it. Hawaii is a no -fold state, it is handled by insurance companies. They don't cite on private property except for handicap parking. Commissioner Sur stated that that is not true for different jurisdictions on the mainland. Recess was called at 9:41. The meeting reconvened at 10:08 a.m. EXECUTIVE SESSION 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 Toci seconded, and it carried unanimously. Executive session convened at 10:19 a.m. Commissioner Lassiter left the meeting at 12:35 p.m. Open session reconvened at 12:45 p.m. CONSIDERATION AND INVESTIGATION OF COMPLAINTS Complainants requested open session: Complaint HPC 21-25/26: Complainant Hope Johnson refused to wear a mask in a grocery store, and the police were called. She complained about the process and her constitutional rights. Anthony Johnson was not present during the incident but also filed a complaint. HOPE AND ANTHONY JOHNSON came before the commission. Mrs. Johnson stated that she has a video of the incident. She went shopping and was immediately accosted by staff telling her that she had to put on a mask. They followed her around the store. She kept on shopping. They said they would call the police. She had all her stuff on the conveyor belt when the police came. Officer #1 asked her what was going on. She said she was shopping and just wanted to check out. She asked the officer if they took an oath to take uphold the constitution. She explained that this was a public accommodation. She is now considered disabled because she cannot wear a mask. She was amazed that the police would get in the middle of this. This is a constitutional issue. She is being denied her right to public accommodation in a public place. The Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 4 police chose to side with the store and issued her a trespass when she was not being belligerent or rude. She just wanted to checkout. There seems to be an issue with training for police officers on what it means to take an oath and defending the constitution. Officer #1 gave her three options: put her mask on and check out, leave the store, or be arrested. She took the option to just leave the store. Officers #1 and #2 were very courteous, sweet people, not trained correctly. It seems they don't know what it means to take the oath. The lieutenant came. His body language was aggravated. She asked him if she took an oath to support and defend the constitution. That really riled him up. He threatened to arrest her. She let that calm down. She asked if he didn't have to support the constitution. He made a statement that the constitution isn't in the governor's order. It doesn't apply because it isn't in the governor's order. The constitution is the supreme order of the land. She asked the commission if they took an oath to defend the constitution. Chair Bertsch stated that they take an oath, but they are not the police. Their complaint is about officer training. There has been a lot of misinformation about wearing masks, and how to enforce it. Different states have different rules. It is very confusing out there both for the citizens and police officers. The lieutenant wanted to diffuse the situation and let her proceed without getting into a constitutional debate. Mrs. Johnson stated that the police needs to be trained. They are breaking their rules. They are lying. She has a video of an officer saying there is no medical exemption. They need to be retrained right away. After this occurred, she didn't see any officers saying there was no medical exemption. What happened at the store is not for the officer to interfere. Chair Bertsch told Ms. Johnson that they need to focus on their complaint. Mr. Johnson stated that they went to the mayor's office, and asked for all the rules and commands that the mayor gave to the police department. Corporation Counsel Strance responded for the mayor's office that there were no written rules from the mayor to the police chief regarding Covid. There seems to be a disconnect. Ms. Johnson stated that she has a phone video from the beginning when she entered the store, the whole interaction with the staff, and with the police officer. Mr. Johnson stated that the officer stated that they have a recording, but when they requested, a copy, it was not available. Commissioner Toci asked Ms. Johnson if her intent was to see if she would be allowed to shop without the mask. Mrs. Johnson stated, "Yes." She further stated that she does not wear a mask at any time. She was told to wear a mask immediately upon entering the store. She talked Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 5 about her experience in the store, being followed and continually told to wear a mask. She talked about her thoughts of wearing a mask. Chair Bertsch stated that their focus is the four corners of the complaint which is about the police department. If they could effect change and make the police department better with their recommendations, that is what they look forward to. Mrs. Johnson stated that she wanted the police to come because she was sure the police would tell them this was a civil matter. There has to be a reason for the trespass. The officer handed the trespass to her. She didn't have to sign it. Commissioner Quartararo stated that her primary issue seems to be of officers trained in mask -wearing. She was not claiming a medical exemption. Mrs. Johnson stated that on that day, she was not claiming a medical exemption. She was going on the constitution. She has been doing whatever she can to get it off people's faces who don't want to use it. She talked about her constitutional rights. Complaint HPC 21-31: Joseph Hobbs was detained by store personnel. He complained about the manner in which the officer handled the situation and gave a list of things he felt were done incorrectly. JOSEPH HOBBS came before the commission. He stated that he has an audio recording to play for the commission. He distributed a transcript. He stated that he was at Island Naturals, and his mask slipped down. The security told him to pull his mask up. He did, but it slipped down again. The security told him to leave. He was trying to leave out the door. The security handcuffed him and took him to the back room. They called the police. Officer Doan came and told him to give his ID. This officer was complicit in keeping him in the store. The officer told him that he was stepping over the boundaries. Officer Doan asked for his ID because he wanted to issue him a trespass. He was rude to the security guard, he called him a pawn. He was in the room for about ten minutes while he was handcuffed. The security and the police were having problems with removing the handcuffs. Mr. Hobbs played the audio of Officer Doan's bodycam. When he told Officer Doan about being handcuffed, the officer told him it was a civil matter. Officer Doan told him that the store was issuing him a trespass notice. He would not be allowed in the store for one year, and if he came back he could be arrested. The store wanted his ID, not the officer. People were upset that he was handcuffed. (Commissioner Toci left the meeting at 1:30 p.m.) MADHAVA SHAKTI MOE stated that she filed Complaint HPC 21-31Q. She stated that she was a witness through the video. She wants to emphasize that the police department is a servant to the public. It was disturbing to see how the police Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 6 department took side. Hobbs couldn't remember who took the cuffs off because there was trauma. CAROL WALLINGFORD stated that she filed Complaint HPC 21-31 D. She watched what happened to Joe at Island Naturals. She quit going there. This case shows of the work Hope Johnson has been doing with county agencies and the police department. She suggested training through Sheriff Mac. Police officers need to be retrained. CHARLEE HOOK stated that he filed Complaint HPC 21-31J. He stated that he was not present during the incident, but he did see the video. When an officer arrives at the scene, he needs to assess the situation. The security officer was not questioned. HOPE ANDERSON stated that she filed Complaint HPC 21-311. She stated that something similar happened to her at another grocery store. Complaint HPC 21-29: Hope Cermelj alleged that when she called dispatch, no officer showed up. She also alleged that the officer who showed up did not read the perpetrator his rights. MS. CERMELJ came before the commission. She said she was not there when the perpetrator was not read his rights. She withdrew her complaint. Complaint HPC 21-20: Hope Cermelj alleged that officer did not return her calls. MS. CERMELJ came before the commission. She stated that she spoke to the Police Chief about her concerns. She withdrew her complaint. EXECUTIVE SESSION The commission returned to executive session as previously stated, 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). Executive session convened at 2:05 p.m. Regular session reconvened at 2:35 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaint HPC 21-13: Complainant was arrested for disorderly conduct. He complained of his treatment during his arrest. 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 21-14: Complainant was arrested for disorderly conduct. He complained of his treatment during his arrest. Commissioner Brown 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 June 18, 2021 Page 7 • Complaint HPC 21-15: Complainant was arrested for disorderly conduct. He complained of his treatment during his arrest. 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 21-16: Complainant was arrested for disorderly conduct. He complained of his treatment during his arrest. 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 21-18: Complainant complained about the manner in which an officer spoke to her during a traffic stop. Commissioner Robinson motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Brown seconded, and it carried unanimously. • Complaint HPC 21-19: Complainant alleged that an officer harassed him and a friend in the parking lot of a local bar. The complaint was continued. • Complaint HPC 21-25/26: Complainants complained about how the police handled the situation when they were called by a grocery store because she was not wearing a face mask. Commissioner Robinson motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. Complaint HPC 21-29: Complainant alleged that she called police dispatch and no officer showed up. She also alleged that an officer did not read the perpetrator his rights. The complainant withdrew the complaint. • Complaint HPC 21-30: Complainant alleged that officers did not return her calls. The complainant withdrew the complaint. Complaint HPC 21-31: Complainant was detained by store personnel. He complained about the manner in which an officer handled the situation. Commissioner Sur motioned to refer the complaint to the police chief for customer service concerns as noted in the complaint. Commissioner Springer seconded. The motioned carried with a nay from Commissioner Brown. Complaint HPC 21-34: Complainant alleged that the police department is harassing him by causing his cellphone and computer to have connectivity issues. Commissioner Springer motioned that there was insufficient to prove the complainant allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes June 18, 2021 Page 8 Complaint HPC 21-35: Complainant alleged that someone entered his home and removed three DVDs that he borrowed from the library. He alleged that an officer's inaccurate report was a conspiracy to frame him and adversely affect his relationship with the library. The DVDs were found back at the library. Commissioner Springer motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, and it carried unanimously. • Complaint HPC 21-36: Complainant alleged that an officer punched her while she was in handcuffs and other officers did not report it. She also alleged that officers lied in court about the incident. Commissioner Brown motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Robinson seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for July 16, 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 adjourned at 3:45 p.m. SUBMITTED BY: JOSIE PELAYO, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR