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HomeMy WebLinkAbout2022-03-18 Police Commission Regular MinutesHAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES MARCH 18, 2022 WEST HAWAI`I CIVIC CENTER 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAI`I CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:00 a.m. Present: John Bertsch, Chair Thomas Brown, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Donna Springer, Commissioner Denbi Toci, Commissioner Absent: Guy Shutte, Vice Chair Rick Robinson, Commissioner Anthony Sur, Commissioner A quorum was present. Also present: Paul Ferreira, Police Chief Kenneth Bugado, Deputy Chief Chad Basque, Assistant Chief Kenneth Quiocho, Assistant Chief John Briski, Captain Malia Kekai, Deputy Corporation Counsel Charisse Correa, Secretary Acting Chair Bertsch announced that Vice Chair Shutte's term ended and he is not up for reappointment. NOMINATION AND VOTE FOR CHAIR AND VICE CHAIR OF THE POLICE COMMISSION • Commissioner Springer nominated John Bertsch for Chair and Thomas Brown for Vice Chair, seconded by Commissioner Lassiter, all in favor, no oppositions, motion carried. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES • Commissioner Toci motioned to approve the minutes of September 20, 2021. Commissioner Lassiter seconded, it carried unanimously and the minutes approved. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES Crime Report: Assistant Chief Quiocho reported that through February 28, 2022 there were 4,169 serious crimes. Of those serious crimes, Area I and Area II Criminal Investigation Units investigated 570 of those. 336 were investigated in Area I and 234 in Area II. Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 2 Commissioner Quartararo inquired about the clearance rates, Area I shows a higher clearance rate this month, compared to Area II. Assistant Chief Quiocho explained that clearance rates fluctuates just like crime reporting. Clearance rates depends on the disposition of cases, which could be affected by a number of things such as staffing and the courts. From an administrative standpoint, clearance codes assists them with tracking of cases and could be used as a training tool. It's important to track, so the department has a gauge on how they're addressing crime when it occurs. Chair Bertsch asked about the increase of sex assaults compared to last year. He inquired if the COVID lockdowns affected this or if it's a trend. Assistant Chief Quiocho stated that it could be a number of factors that contributes to an increase in reporting. He would like to think that victims feel more comfortable reporting it to police and mandatory agencies are reporting cases more. Whether or not the lockdowns kept crime stats down and moving forward we'll see an increase, is hard to predict. He stated that as we move forward, they will do everything that they can to ensure crime is controlled as much as possible. Traffic Report: Assistant Chief Basque reported that as of March 7, 2022 traffic fatalities are at 22, compared to 10 last year. There were 99 DUI arrests in February, compared to 86 last year. 5,109 citations were issued in February 2022: 3,395 for moving violations, 376 for seatbelt, 21 for child restraint, and 1,317 for speeding. Commissioner Quartararo asked for some kind of report relative to dangerous spots on the roads. A year ago, he asked their councilperson to bring it before public safety and public works. He got a response, but hasn't heard anything since then. He stated that officers know where the problem areas are and if he could get some feedback, it would be appreciated. Assistant Chief Basque stated that they do a crime and traffic analysis every month. Within the traffic analysis, they identify all major and minor traffic accidents and look at how they can include enforcement, public awareness, community service and different strategies to combat those issues. Commissioner Quartararo stated that these obvious problems have been around for many years and we need someone to lobby for a change. Assistant Chief Basque agreed and stated that, as a law enforcement agency, their job is to enforce the law. Personnel Report: Deputy Chief Kenneth Bugado announced that there has been a change in command in their Administrative Bureau. Assistant Chief Jelsma has retired and Major Burian was promoted to assistant chief. Deputy Chief reported sworn vacancies through March 15, 2022 is at 80. Out of that 80, there's 20 in the 94t" Recruit Class and 10 in the 95t" Recruit Class, leaving them with 50 actual vacancies in the field. On March 1, 2022, 27 dispatchers were reallocated upward to a new classification as "Police Communication Officer" and "Supervising Police Communication Officer." Through March 15, 2022, dispatch has a total of 44 positions with 22 filled, 17 vacancies, and all 5 supervisor positions filled. Along with the reallocations, their Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 3 salaries increased and are still with HGEA, not SHOPO. They hope that this will help with recruitment and retention of dispatchers. As of March 15, 2022, the department filled 433 of 483 sworn positions (89.6%) and 123 out of 155 civilian positions (79.4%). The 94t" Recruit Class has 20 in field training until April 16, 2022. This class initially started with 32 recruits in June 2021. The 95t" Recruit Class is currently in classroom training and consists of 10 recruits. This class initially started with 31, in December 2021. Ongoing recruitment October 2021: 284 applied, out of those, 6 did not meet minimum qualifications. 124 took the written exam, and 66 passed the written exam. 66 attended the agility, with 37 passing and 13 failing. They are currently doing background checks on the remaining 24 applicants. Police Officer I recruitment: February 20, 2022 to March 1, 2022, written exams will be held during the week of April 25, 2022, and the physical agility is scheduled for May 25, 2022, in Hilo. Police Communications Officers: recruitment is open March 13, 2022 to March 22, 2022, there's a written exam. Police Chief Ferreira stated that there's been a high amount of drop outs due to many different reasons. Many people realize that it's not for them. He mentioned that they will not compromise their standards they prefer quality over quantity. Commissioner Toci asked if being vaccinated is a requirement for the job. Police Chief Ferreira stated no, not at this time. Finance: Deputy Chief Bugado reported that up to February 28, 2022, their targeted overall expenditure was 65.65%, and actual was 64.22%. Targeted salaries and wages expenditure was 70.83%, and actual was 69.32%. Commendations: Deputy Chief Bugado reported receiving 39 commendations, in recognition of outstanding services, involving 54 personnel since the last commission meeting. Other Department Activities: Police Chief Ferreira reported that they are coming towards the end of fiscal year 21-22, and are currently in the budget cycle. They go before the council on April 13, 2022 to give their pitch as far as what they're looking for, for fiscal year 22-23 (July 1, 2022- June 30, 2023). It's a status quo budget, with no increases, other than what's incorporated into salaries and wages by union contract or an increase in utilities. They have a supplemental budget asking for personnel, equipment and repairs/maintenance to facilities. He welcomed the commission to attend the budget hearings, but it is unknown at this time if it will be in person or open to the community due to COVID-19. Chief Ferreira reported that they currently have 25 sworn employees who will be eligible for retirement at the end of the calendar year. Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 4 In regards to Commissioner Quartararo's question earlier regarding clearance rates, Chief Ferreira explained that it's a way to gauge how successful their efforts are in enforcement and investigations. If they're low on clearances, they evaluate what's causing it and what needs to be addressed to bring it back up. An example is when burglaries increased in the South Kona community. They activated a special enforcement unit, and worked with the community directly to help them solve those crimes. Chair Bertsch asked Chief Ferreira if the commission would be able to say mahalo to captains and above for their years of service and initiate an exit interview upon their retirement. Chief Ferreira stated that they will notify the Police Commission of potential retirements coming up and it would be up to the commission to put in on their agenda, schedule potential retirees for the hearing, giving them the option to attend or not. Chief Ferreira added that there's many other employees below captains that have put in 25- 30 years of service, including civilian staff. Chair Bertsch agrees. The Chief's office will also notify the commission of those potential retirements and will generate a certificate of appreciation for the employee. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION 2022 State of Hawaii Police Commission Conference: Chair Bertsch stated the annual conference was put on hold for the last 2 years due to COVID-19 and the Hawaii Island Police Commission is hosting this year. In light of the decline of COVID cases, it's up the commission if they want to host it this year or not. Those invited would be police commissioners statewide, secretaries, chiefs, and corporation counsel. There will be training, a guest speaker and discussions on matters that are concerning to police commissions across the state, crime trends, and hiring/evaluating police chiefs. There were about 70-100 attendees at the last conference. Spouses are welcomed to attend, but it's an extra charge. Commissioners who are located in the adjacent district from where the resort is will not be allowed room privileges. Commissioners needing to travel 2 districts or more away will be afforded room privileges. The conference will be 1 night (2 days). The conference typically starts on a Thursday, at 10:00 a.m., and ends on Friday. Chair Bertsch stated that he's looking to hold the conference during the 3ra or 4t" quarter. Chair Bertsch appointed Commissioner Quartararo to be in charge of the action committee for the conference. (Continue to next meeting) Chief Ferreira stated that the Hawaii State Law Enforcement Officials Association (HSLEOA) conference is in their lap this year, but due to COVID-19, it was pushed back to 2023. Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 5 CORRESPONDENCE • Correspondence 22-02: Annual Misconduct Report to the State Legislature. ➢ Motion to accept correspondence made by Commissioner Toci, seconded by Commissioner Lassiter, no discussion, all in favor, motion carried. • Correspondence 21-07: Marilyn Yamamoto with the Hawaii Family Advocacy Team expressed concerns regarding children taken into protective custody by Child Welfare Services, assisted by the police department. ➢ Motion to accept correspondence made by Commissioner Springer, seconded by Vice Chair Brown, no discussion, all in favor, motion carried. Recess was called at 10:00 a.m. The meeting reconvened at 10:05 a.m. EXECUTIVE SESSION Commissioner Quartararo 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 work on 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. Motion to reconvene open session made by Commissioner Lassiter, seconded by Commissioner Springer, and it carried unanimously. Regular session reconvened at 2:57 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Requests for Representation by Corporation Counsel ➢ Correspondence 22-01, Officer Trenton Aurelio in Civil No. 22-00010: Motion to approve representation by Corporation Counsel made by Commissioner Toci, seconded by Commissioner Lassiter, and it carried unanimously. ➢ Correspondence 22-03, Police Chief Paul Ferreira and Sergeant Jason Grouns in Civil No. 22-00060: Motion to approve representation by Corporation Counsel made by Commissioner Springer, seconded by Commissioner Lassiter, and it carried unanimously. • Investigation of Complaints ➢ HPC 22-14: Complainant states that she was promised better training of officers in regards to completing police reports. Commissioner Toci motioned to refer to the Chief, seconded by Commissioner Lassiter, and it carried unanimously. Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 6 ➢ HPC 22-03: Complainant is dissatisfied with how her case was handled. Motion for a continuance made by Commissioner Springer, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-13: Complainant states that he reported an assault, but the officer's reports were inaccurate and he instead was arrested for disorderly conduct. Commissioner Toci motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Quartararo, and it carried unanimously. ➢ HPC 22-01A: Complainant called in a barking dog complaint. He states that the responding officer disclosed his name and address to the responsible parties, exposing him to retaliation. Combined with HPC 22-01 B: Complainant alleges that the officer was aggressively shouting at him and threatened to arrest or have him arrested. This occurred after his name and address was allegedly disclosed. Commissioner Toci motioned sufficient evidence to refer to the Chief for further investigation, seconded by Commissioner Springer, and it carried unanimously. ➢ HPC 22-05: Complainant claims that the officer was aggressive, rude, opened his car door without consent, and put his health at risk by not following COVID- 19 guidelines. Motion made by Commissioner Toci to refer to the Chief, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-02: Complainant alleges that the officer had a bad attitude and used profane language. Commissioner Lassiter motioned insufficient evidence to prove the complaint's allegations, seconded by Commissioner Springer. It was not a unanimous decision, motion died. Commissioner Quartararo stated that it should be referred to the Chief. Motion made by Commissioner Toci to refer to the Chief, seconded by Commissioner Quartararo, and it carried unanimously. ➢ HPC 22-20: Complainant's vehicle broke down. He states that the officer issued him non -applicable citations, which had no relevance. He feels it was for vindictive reasons and in a retaliatory manner. Motion to refer to the Chief made by Commissioner Springer, seconded by Commissioner Lassiter, and it carried unanimously. ➢ Complaint in the non -acceptance category: The Commission declined investigation because the complainant was not filed within ninety (90) calendar days from the date of the incident, per Rule 6 (c) (1). Hawaii Police Commission Regular Session Minutes March 18, 2022 Page 7 Commissioner Quartararo stated that about a month ago, there was a field fire, which was caused by the homeless encampment and it kept flaring up. The field was cleared out, but now campsites are reappearing again. He had questions regarding no trespass notices. He doesn't know the owner. DCC Kekai stated that it's the owner's prerogative to file that. She stated that he could file a zoning violation through the planning department against the owner. The owner would get a notice of violation for camping without it being campgrounds and that should get the wheels turning. ANNUAL EVALUATION OF POLICE CHIEF PAUL FERREIRA Continue to the next meeting. ANNOUNCEMENTS The next meeting is scheduled for April 29, 2022, at 9:00 a.m., in the Aupuni Center Conference Room, 101 Pauahi St., Hilo, Hawaii. ADJOURNMENT The meeting was adjourned at 3:15 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: THOMAS BROWN, VICE CHAIR