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Home My WebLink About2021-09-20 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGUAR SESSION MINUTES SEPTEMBER 20, 2021 WEST HAWAFI CIVIC CENTER, BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAFI CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at Present: John Bertsch, Chair Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Anthony Sur, Commissioner Donna Springer, Commissioner Denby Toci, Commissioner Absent: Guy Schutte, Vice Chair Tom Brown, Commissioner 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 John Briski, Captain Dalilah Schlueter, Deputy Corporation Counsel Josie Pelayo, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Commissioner Quartararo stated that people in his neighborhood have expressed concern to him about anti-vax and anti -mask demonstrators in the area of Lowes and Alii Drive. He asked if permits and masks were required and if the police should control the crowd. He heard that the pro -vaccination people also want to have a showing. Chair Bertsch stated that he could bring this up under the Chair's report on matters of interest to the commission. It would be policies and procedures of the Police Department that the Chief could address under the Chief's Report. Commissioner Sur stated those demonstrators were in Hilo, and there was police presence. Hawaii Police Commission Regular Session Minutes September 20, 2021 Page 2 APPROVAL OF MINUTES August 27, 2021, regular and executive sessions: Commissioner Robinson motioned to approve the minutes. Commissioner Sur seconded, and it carried unanimously. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES • Crime Report: AC O'Connor reported that up through August 31, 2021, there were 1,052 serious crimes. The Criminal Investigation units investigated 124 of those crimes. In the month of August, the department received 9,741 calls for service. 2,703 calls were for criminal/traffic and 7,038 for miscellaneous public assistance. Homeless issues and runaways are reported under reported in MP unless it's for criminal activity. Commissioner Sur stated that a lot of the homeless have dogs. He expressed concern over unleashed dogs, especially in light of the woman in Puna who was attacked by a dog and later died. AC O'Connor stated that your dog does not have to be on a leash if it's on your property, although that dog in question left its property. Traffic Report: AC Basque reported that for the month of August, 4,678 citations were issued — 3,565 for moving/regulatory, 281 seatbelt, 10 child restraint, and 822 for speeding. In response to Commissioner Quartararo's inquiry about abandoned vehicles, he stated that if they get notice of a vehicle being left on the roadside for several days, an officer tries to locate the owner who has 24 hours to move the vehicle. The vehicle is tagged as abandoned, and AV is taped on it. It is then reported to the Department of Environmental Management. They try to locate the owner who has 24 hours to move the vehicle. Most of the time, they cannot locate the owner. DEM has a towing contract. Personnel Report: AC Jelsma reported that up through September 15, they had 50 unfilled sworn positions. They had 14 unfilled radio dispatchers. The department filled 89.6% of sworn positions and 80.6% civilian positions. The 94th Recruit Class started with 32 new hires on June 1. They are now down to 22. The 95th Recruit Class had 465 applications. After moving through the process and completing the PHQ packet, 63 remain. The Police Radio Dispatcher I recruitment period ended on August 31. They lost 10 people in their last recruit class which is larger than normal. They usually lose one or two on the first day. Age is not a factor. It's more mindset and background. They give individuals every opportunity to succeed. Many people don't know what police work is about. • Finance: AC Jelsma reported that up to August 31, their targeted expenditure was 21.48%, and actual 20.97%. S&W target was 20.83%, and actual was 20.35%. Their 2021-22 fiscal budget is $73,018,183 and includes a 5% overall budget reduction. Commendations: Deputy Chief Bugado reported that the Aloha Exchange Club of East Hawaii selected Officer Paul Rose as Officer of the Month for August. The Kona Crime Hawaii Police Commission Regular Session Minutes September 20, 2021 Page 3 Prevention Committee selected Officer Dustin Medeiros as Officer of the Month for September. Other Department Activities: Chief Ferreira reported that police officer recruitment information is on their website. Normally, if an applicant was arrested for sale and distribution of recreational drugs, the applicant is banned from employment for life. An applicant can be disqualified for using marijuana in the last 2 years. A marijuana medical card disqualifies a person from having a firearm. Anti -vac demonstrations do not need a permit. Regarding anti -vac demonstrators do not need a permit, but officers monitor the situation. For the most part, people have been compliant. The mask mandate is only for indoors and close contact proximity. Demonstrators are at the Pahoa roundabout every weekend. Chair Bertsch stated that they enable people to voice their concerns, but they have to balance that with safety concerns. The police are peacekeepers, but they cannot take sides. Chief Ferreira stated that right now, there is no money coming in for Covid enforcement. This additional enforcement is on overtime basis. They are also having issues with Seaview in Puna. Regarding staffing, the numbers fluctuate every year. A couple officers left because of the Covid mandate. 66% of employees are vaccinated, some in process, and about 20% are not vaccinated. This is the first week they have to make sure everyone who was not vaccinated, is tested. The County sent out guidelines. You get tested, provide results, or get discipline. The County has set up free testing sites. Recess was called at 10:09 a.m. The meeting reconvened at 10:37 a.m. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (None.) EXECUTIVE SESSION Commissioner Toci motioned to meet in executive session to consider charges against officers 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 13-20 (b). Commissioner Lassiter seconded, and it carried unanimously. Executive session convened at 10:38 a.m. Open session reconvened at 12:15 a.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of Complaints • HPC 21-42: Complainant alleged that excessive force was used during her arrest, and her finger was injured. She also complained about how officers handled the entire Hawaii Police Commission Regular Session Minutes September 20, 2021 Page 4 process of her arrest and investigation. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations. Commissioner Sur seconded, and it carried unanimously. HPC 21-47: Complainant stated that his vehicle was towed and impounded by a tow company. He wants it returned. Commissioner Quartararo motioned to decline investigation because the complaint does not allege an element of misconduct and the subject matter of the complaint is not within the jurisdiction of the commission. Commissioner Lassiter seconded, and it carried unanimously. HPC 21-48: Complainant alleged that when the police were called to a hotel to assist in issuing her a trespass notice, she was threatened with arrest. Commissioner Springer motioned that there was insufficient evidence to prove the allegations of misconduct. Commissioner Toci seconded, and it carried unanimously. ANNOUNCEMENTS Chair Bertsch announced that the next meeting is scheduled for October 15, 2021, 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting was adjourned at 12:20 p.m. SUBMITTED BY: APPROVED BY: JOSIE PELAYO, SECRETARY JOHN M. BERTSCH, CHAIR