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HomeMy WebLinkAbout2022-04-29 Police Commission Regular MinutesHAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES APRIL 29, 2022 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI ST., HILO, HAWAI`I CALL TO ORDER AND ROLL CALL Vice Chair Brown called the meeting to order at 9:16 a.m. Present: Thomas Brown, Vice Chair Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Donna Springer, Commissioner Denbi Toci, Commissioner Absent: John Bertsch 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 Andrew Burian, Assistant Chief John Briski, Major Frank Mohica, Detective Todd Pataray, Lieutenant Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None.) APPROVAL OF MINUTES • Commissioner Quartararo motioned to approve the regular session minutes of March 18, 2022, Commissioner Toci seconded, and it carried unanimously. Commissioner Quartararo motioned to approve the executive session minutes of March 18, 2022, seconded by Commissioner Lassiter, it carried unanimously and the minutes approved. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Major Briski reported that through March 31, 2022 there were 4,646 serious crimes. Of those serious crimes, Area I and Area II Criminal Investigation Units investigated 653. Of those cases, 378 were investigated in Area I and 275 in Area II. Calls for service: Major Briski reported that for the month of March 2022, the department received 9,442 calls for service. Fiscal year to date is 85,329 calls for service. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 2 Vice Chair Brown asked about the increase in assaults. Fiscal year to date, Area I has 549 compared to 412 last year. He asked if this is due to more reporting. Major Briski explained that it's a combination of things. Everyone in Area I, in Hilo especially has noticed an increase in homelessness and mental illnesses. This plays a huge factor; people are unable to get the help they desperately need, as our community lacks the resources. • Traffic Report: Assistant Chief Basque reported that as of April 7, 2022 traffic crashes are at 609, compared to 566 last year. Traffic fatalities are at 26 compared to 12 last year. The DUI fatality count is at 12 compared to 9 last year. For the month of March, there were 90 DUI arrests compared to 99 in February. For the Month of March 2022 5,420 citations were issued: 3,612 moving, 409 seat belt, 31 child restraint, and 1,368 were for speeding. Commissioner Toci asked about the increase in DUI traffic fatalities. She asked if the department has been increasing checkpoints. Assistant Chief Basque explained that just recently, COVID mandates were lifted, so they have been more aggressive with enforcement and DUI checkpoints. He stated that they should be seeing an increase in DUI arrests. Commissioner Toci stated going back to the crime report; thefts always seem to be the highest. She asked if the department has a theft unit. Major Briski stated that they do have a SEU (Special Enforcement Unit). With the state of the economy, we will probably be seeing an increase in thefts. There is also an increase in reporting. Vice Chair Brown asked about the increase in auto thefts. Major Briski stated that Area I had 37 altogether. When you break it down and look at the MO's, half of those vehicles were left unlocked or the keys were left within the vehicles. Community policing has been educating and encouraging people to lock their vehicles. Hilo isn't so sleepy anymore, people are looking for crimes of opportunity. He also mentioned that the numbers seem inflated at times, but many cases show that these people know each other (e.g. an ex -boyfriend or girlfriend). Commissioner Quartararo asked if they are finding a lot of repeat offenders. Major Briski stated that there have been many repeat offenders, especially with the court system due to the recent pandemic. It has been a struggle to keep offenders locked up or provide them with the help that they need, but this has always been a struggle and challenge. • Personnel Report: Assistant Chief Burian reported that through April 25, 2022 sworn police vacancies are at 62, actual in the field. There are currently 9 recruits in recruit class, actual positions unfilled is 53. Police Communications Officers actual number of positions they have is 44, 2 PCO positions, 22 filled, 17 vacant. There's a trainee starting on May 2, 2022. There is an open recruitment in order to fill the 16 vacant Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 3 positions. As of April 25, 2022, the department had filled 430 of 483 positions (89%) and 123 out of 155 vacant positions (79.4%). The 94t" recruit class completed their field training, there's 19 of them, they will be on probation until November 30, 2022. This class started with 32 and they have 19 left. There're 9 recruits in the 95t" recruit class, they will be in the classroom phase until June 30, 2022. The initial class started with 31, on December 16, 2021. Recruitment for the 96t" recruit class was in October 2021, 284 applied, 154 took the written exam and 66 passed. 66 summoned for the agility, 50 showed and 37 passed. 23 completed the Personal History Questionnaire (PHQ) by the deadline. Tentative start date for the 96t" recruit class is July 1, 2022. Recruitment for the 97t" recruit class opened on February to March 2022, written exam is the week of April 25, 2022, in Hilo. The physical agility is coming up on May 25, 2022. The department will be transitioning to Fit Force, but it's not happening with the upcoming agility. Open recruitment for Police Communications Officers was on March 13-22, there's a written exam. There weren't enough applicants to fill vacancies, so it was shifted to an open recruitment. Commissioner Toci asked about all the resignations. Assistant Chief Burian explained that a lot of them were recruits. A lot of people realize it isn't for them. They lost over 20 recruits in the 95t" class. They decided it wasn't for them for various reasons. She asked if they conduct exit interviews. Major Burian asked the captain of administration to start doing the exit interviews for the recruits, just to get a deeper dive into what's going on. Prior to that, the recruit class sergeants were doing the interviews. Exit interviews are also conducted for dispatchers. Commissioner Quartararo asked for the average age of recruits that graduate. Major Burian stated he doesn't have that and will get that information for him. Finance: Assistant Chief Burian reported that up to April 30, 2022, their targeted overall expenditure was 78.92%, and actual was 78.08%. Targeted salaries and wages expenditure were 79.17%, and actual was 77.08%. Fiscal year budget is just over $73 million, this includes a 5% overall budget reduction. Commendations: Deputy Chief Bugado reported receiving 9 commendations, in recognition of outstanding services, involving 13 personnel since the last commission meeting. On March 21, 2022, the Aloha Exchange Club of East Hawaii honored South Hilo Patrol Officer Benjamin Nishimoto as its Officer of the Year for 2021. This was for his bravery and valor in the line of duty during an active domestic dispute. His quick thinking and courage saved the lives of fellow officers and residents in the house that he responded to. On April 19, 2022, Officer Reuben Pukahi of the Kona District was awarded the Bronze Medal of Merit for assisting two swimmers in distress in rough waters at Honls Beach in Kona. Five civilian surfers who assisted were also honored; they were given a Certificate of Merit. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 4 • Other Department Activities: Police Chief Ferreira reported that with the lifting of COVID restrictions they are going back to a full ceremony for Police Week. On May 16, 2022, at the Hilo Police Station, in front of the memorial at 10:00 a.m. A similar ceremony will be held at the Kealakehe Police Station, in the parking lot area, on May 18, 2022 at 10:00 a.m. The Police Commission is welcomed to attend. They sent an invitation to the Chair John Bertsch to say a few words. If he is unable to, another Commissioner is welcomed to. Going back to the crime report, Chief Ferreira stated to keep in mind that the statistics for thefts include shoplifting. The numbers seem to be increasing due to the state of the economy. Chief Ferreira reported on their budget hearing with the County Council. It's a status quo budget going into next year with no increases other than utilities. A challenge they've been facing is with recruitment. When he went before the Council in April 2021, he reported that they had 57 sworn vacancies. When he went before them a few weeks ago, he reported 51 sworn vacancies. In one year, they gained six bodies through the recruitment process. Part of it is because of the retention and the new work force. They also have 25 officers that will be eligible for retirement. Commissioner Quartararo inquired with him about viewing the exit interviews. Captain Saludares, in charge of training did a review of 22 of the recruits that left the 95t" recruit class. Captain Saludares typed a memorandum explaining what the recruits stated and why they resigned. The Chief will redact the names and distribute to the commission to review. Another challenge is with the dispatchers, who are now called Police Communications Officers, which was a result of ACT 63. Hawaii County reclassified them and gave them a reallocation upward. Vice Chair Brown asked about their SR Level. The chief responded SR 14, 17 and 19, depending on the position. He hopes that they'll look at reallocating them upward even more because the rate that they're at now still isn't sufficient. They are looking at making changes to their bargaining unit; they are still with HGEA, bargaining unit 3. Hopefully this will help with recruitment and retention. The purpose was to recognize them as first responders and their importance. With the new facility coming up on Mohouli Street and the changes in pay, they hope to move forward. Commissioner Springer asked about the legislature looking at introducing a statewide training center. Chief Ferreira stated that there is a bill that will most likely pass. It's creating a statewide law enforcement department. Currently the Department of Public Safety for the state oversees Corrections, Sheriffs, Narcotics Enforcement Division (NED), all the enforcement agencies for the state. What they propose would separate the entities. Right now, the director of Public Safety oversees Corrections and the law enforcement side. This bill will separate it to a Department of Corrections and a Department of State Law Enforcement. The initial language in the bill included a state law enforcement -training center for all law enforcement officers across the state. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 5 County Law enforcement agencies have their own training facilities. They allowed DOCARE and DLNR to opt out. Hawaii County Police Departments will still enforce all laws, it doesn't relieve county police departments from enforcing the laws, all it does is assign different duties to state law enforcement entities, under one umbrella. Commissioner Toci asked if the department does recruitment in elementary, middle, and high schools. Chief Ferreira stated that their community relations section does that, as well as their SRO's. They try to get individuals in high school, because decisions they make in high school can affect them for the rest of their lives. Commissioner Quartararo asked if they provide rental or mortgage assistance programs for officers. Chief stated they do not, the closest thing they have to any kind of assistance is the barracks at the old Captain Cook Station. UNFINISHED BUSINESS • State of Hawaii Police Commission Conference: Chief Ferreira stated that if the commission needs any assistance with this to let them know. CHAIR'S REPORT ON MATTERS OF INTEREST TO THE COMMISSION (None CORRESPONDENCE Correspondence 22-04: In support of National Distracted Driving Awareness Month, John Tevis expressed concerns regarding the severity and hazards of distracted drivers. Commissioner Quartararo asked if we have any prohibitions against earbuds. Chief Ferreira stated no, one of the challenges they see is people believe hands free driving is holding their phones up with the speakerphone on. Commissioner Quartararo expressed that earbuds and earphones are extremely distracting if you're the driver and you can't hear emergency vehicles and everything else going on around you. He mentioned that it's used in other jurisdictions, we should at least begin a discussion and dialog regarding this. Chief Ferreira stated they would discuss it with the traffic commanders. Recess was called at 10:05 a.m. The meeting reconvened at 10:20 a.m. CONSIDERATION AND INVESTIGATION OF COMPLAINTS (Briefly summarized) Vice Chair Brown announced that there are people in attendance who did not submit complaints, but wish to speak on items that were submitted. A few complainants request that they be heard in open session. • Megan Isaac Magdalene came before the commission. She stated that she is a member of the Aloha Business Freedom Alliance group and is in support of a number of complaints that will be heard today regarding the mask mandates. They have been in communication with the Police Chief to let him know that they weren't seeing officers Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 6 prepared to respond correctly to exemptions for mask wearing in businesses. She stated that exemptions weren't being honored. There were specific provisions that acknowledged medical exemptions. They let the Chief of Police know that people were being served trespass notices at businesses. They requested training documentation, but they haven't received that. It didn't appear that any of the officers responded with knowledge of exemptions. It's unconstitutional to force people to wear a medical device. Ms. Magdalene stated that they are coming before the Police Commission to express concerns, rights weren't being honored and the police weren't trained properly. The Chief assured them that police officers were correctly trained, but they are requesting documentation of it. There was no evidence out in the community that the officers were prepared to handle these calls and had knowledge of the law. • Alohalani Hope Cermelj came before the commission. She stated that she asked the Chief of Police for copies of the Oath of Office and asked for officers to receive better training. She expressed that Shawn Dearing was accosted at Ken's House of Pancakes, she would back him up in the court of law, and they would win. HPC 22-31A and HPC 22-31 B: Complainant, Shawn Dearing came before the commission. He stated that they received a letter from the Chief of Police saying that officers were trained regarding the proclamations, but that is not what he has experienced. He expressed that he tried calling the Police Chief for 9 months, he made about 40-50 phone calls, but didn't get a response. An officer told him that the chief has an open-door policy, so he should be able to go to the chief's office anytime, but Mr. Dearing states that this is untrue. He tried about 6 times and was denied, he was told that the chief was busy or in meetings. On January 19, 2022, he met with Captain Saludares and explained to him the situation he was facing at businesses. He was told that it's a civil matter, it's out of their jurisdiction and if businesses choose to trespass him, he can take it to court. He also tried to deliver information to the prosecutor's office to start an investigation and was told to contact the Police Chief. On March 2, 2022, Mr. Dearing had a meeting with Assistant Chief Quiocho to show him all the evidence he accumulated for 2 years and to seek answers as to why there's so much confusion and division between the people and law enforcement. Mr. Dearing filmed the interaction and within 5 minutes, he alleges that he was kicked out of the office. He also has videos showing him being kicked out of establishments. They attempted to shop at Island Naturals without a mask and the staff told them to get out and called the police to trespass them. He was also trespassed from the gym, even though he explained to them that he has a medical exemption. They called the police on him, police responded and advised him that businesses can trespass him if they choose to, and stated that their job as law enforcement officers is to maintain the peace. Mr. Dearing feels that law enforcement should have told these businesses that medical exemptions should be respected and accepted. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 7 HPC 22-24A and HPC 22-2413: Complainant Michelle Melendez came before the commission. She stated that she has been a fitness and wellness expert since 1996, has a medical exemption, cannot wear a mask because she has anxiety and gets stressed out. They attempted to shop at Island Naturals without a mask on, they explained to the staff that they have medical exemptions. The staff called for police assistance, she was excited when the police showed up because she thought they would advise the business that they are to honor medical exemptions. She showed the officers the letter from the chief and the officer explained to them that this is a private business; they have the right to refuse service to anyone. Ms. Melendez stated that it's not a private business, it's a public establishment because they don't require membership dues. They cannot discriminate against race, creed, or medical/disability issues. An officer asked the security guard if he wants them to leave and the security guard stated yes. She feels this is illegal and is discrimination. The letter from the Chief dated March 2, 2021 states "Hawaii County Police Officers conduct public education to the community regarding the Mayor and Governor's orders regarding medical exemptions and no requirement for documentation to prove medical exemptions." Ms. Melendez states this is not a communist country and they cannot discriminate. She says she respects the officers, this has been hard on all of us, but this is a free country, we must honor the law and we have rights. She feels that the department should be educating the community as stated in the letter. HPC 22-26: Complainant Deanna Wentworth came before the commission. She stated that she a resident of lower Puna and has shopped at the Pahoa Island naturals for many years. She has a medical exemption and it has been hard for her to shop with a mask on. She states that police officers were very polite and listened to her, but the officers believed that the store is a private business and they have the right to refuse service. She tried to explain to the officers that that is incorrect. The officers asked the manager if they wanted to serve her with a notice of trespass. Ms. Wentworth says she is now unable to shop at Island Naturals for a year and will have to drive 45 miles to get the kind of food she wants. Ms. Wentworth alleges that the Chief of Police did not do his duty because the officers did not appear to be trained on this matter. Commissioner Quartararo asked how they prove that they have medical exemptions. Ms. Wentworth explained that businesses are not allowed to ask due to the HIPAA law. If someone with a disability comes in, businesses aren't supposed to question them. Medical exemptions must be allowed and they can't ask for proof. HPC 22-30: Complainant Sandra Roberts came before the commission. She says she has one complaint, but she will be filing another. She stated that she'll be submitting the first TRO that her neighbors filed against her on June 29, 2020. There is a total of 3 TRO's that were filed. The petitioner mentioned police reports that she claims were filed, but Ms. Roberts states that the information in the reports do not line up. Ms. Roberts spoke to Assistant Chief Quiocho and an officer in Pahoa about the issue. She Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 8 requested a false sworn criminal complaint. The officer created case # 20-062640 and her neighbors were informed that the TRO declaration was falsified. A harassment case that she did not request was also filed. Her neighbors then filed a harassment/stalking case against her, case # 20-077102, which the prosecutor declined on October 13, 2021, due to lack of evidence. Sgt. Talich served a faxed copy of the TRO on May 12, 2021 and filed an acknowledgment stating he provided a certified court copy. Ms. Roberts states that this is a false statement. She states that he is a high school classmate of her neighbor and he's also a licensed attorney, but isn't active. Ms. Roberts alleges that once the order was served, Captain Amaral worked with officers and her neighbors to file report # 21-048208, violation of order related to a basketball hoop attached to a 5 MPH speed limit sign at the corner of her property. Boys have been trespassing onto her property. There was a second basketball hoop case on July 8, 2021, case # 21-055745, which was declined. When Ms. Roberts tried to reach the officer that made the second basketball hoop case, the Pahoa Police Station initiated a harassment/stalking case against her and Captain Amaral issued an All -Points Bulletin, this case was also declined on March 29, 2022. Ms. Roberts states that her neighbor is using the Pahoa Station like its Express Waiters. All she needs to do is make a call, police go to their house, officers don't establish probable cause or collect any evidence and she is accused of initiating contact with her neighbors repeatedly. Ms. Roberts states that she hasn't spoken to her neighbors since August 2019. On March 28, 2022, at 6:51 p.m., her neighbor called the police and alleged a violation of order (which Ms. Roberts states is another falsified declaration). Police arrived at 7:09 p.m.; officers went to her neighbor's house then to her house and started pounding on her door. The next morning, on March 29, 2022, while she was talking to the Chief's Secretary on the phone, officers pounded on her door and threatened to tow her vehicle. Ms. Roberts stated that on March 29t", officers were there to arrest her. Recess was called at 11:18 a.m. The meeting reconvened at 11:29 a.m. EXECUTIVE SESSION Commissioner Toci 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 Quartararo seconded, and it carried unanimously. Executive session convened at 11:32 a.m. 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. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 9 ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 22-31A: Complainant alleges that business owners, police officers and government officials mistreated him. He states that the department failed to train officers accordingly regarding medical exemptions concerning masks. Commissioner Toci motioned to decline, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Springer, and it carried unanimously. ➢ HPC 22-31 B: Complainant alleges that while practicing his 1st amendment right to address his grievances, he was aggressively kicked out of the office and was threatened to be arrested. Commissioner Toci motioned for a continuance, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-24A: Complainant states that she and others are medically exempt from wearing masks. They attempted to conduct business at an establishment, but was refused service and the police were called. Complainant alleges that officers ignored their medical exemptions. Motion to decline made by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-24B: Complainant states that she has been harassed many times trying to shop without a mask on, as she is medically exempt. She alleges that the department is not educating the community on such exemptions. Motion to decine by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-26: Complainant alleges that officers aren't trained on proclamations regarding masks and exemptions. She was refused service at a business and they attempted to serve her a notice of trespass for not wearing a mask. She states that she can't wear a mask, due to a medical exemption. Motion to decline made by Commissioner Lassiter, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Springer, and it carried unanimously. ➢ HPC 21-43: Complainant alleged that an officer failed to write correct witness statements of an incident. Motion to decline made by Commissioner Quartararo, insufficient evidence to prove the complainant's allegations, seconded by Commissioner Toci, and it carried unanimously. ➢ HPC 21-44: Complainant is dissatisfied with how officers responded to her calls. Motion to decline made by Commissioner Quartararo, insufficient evidence to Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 10 prove the complaint's allegations, seconded by Commissioner Toci, and it carried unanimously. ➢ HPC 21-49: Complainant states that there's inaccurate information in her police report. Commissioner Lassiter motioned that there is sufficient evidence to refer to the chief, seconded by Commissioner Quartararo, and it carried unanimously. ➢ HPC 22-16: Complainant states that officers failed to serve a temporary restraining order in a timely manner. Commissioner Springer motioned for a continuance, seconded by Commissioner Toci, and it carried unanimously. ➢ HPC 21-50: Complainant states that officers are making false accusations against her and is under surveillance. Motion to decline by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Springer, and it carried unanimously. ➢ HPC 22-06: Complainant alleges that she was denied her parental rights after alleged abuse in the household. She states that after investigations, no evidence of abuse was found. Motion to decline made by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Quartararo, and it carried unanimously. ➢ HPC 22-08: Complainant alleges that while trying to file a violation of order report, she was told that there is no active TRO and states that the officer was hostile. Motion to decline made by Commissioner Springer, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Toci, and it carried unanimously. ➢ HPC 22-09: Complainant alleges that while trying to file a police report for a violation of order, she was told that there is no active TRO. Motion to decline made by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Springer, and it carried unanimously. ➢ HPC 22-22: Complainant states that she was questioned relative to a violation of a TRO. She claims the officer was argumentative and threatened to arrest her if she called again. Motion to decline made by Commissioner Toci, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-12: Complainant alleges that officers wrongfully cited him for traffic violations. Motion to decline made by Commissioner Springer, insufficient evidence to prove the complaint's allegations, seconded by Commissioner Toci, and it carried unanimously. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 11 ➢ HPC 22-11: Complainant alleges that an officer yelled at him, grabbed, and pushed him off his quad, causing the quad to roll down an embankment and flip over. Motion made by Commissioner Quartararo to refer to the Chief for customer service, seconded by Commissioner Lassiter. Commissioner Quartararo amended his motion. He motioned that there is sufficient evidence to refer to the chief for further investigation. Seconded by Commissioner Toci, no discussion, all in favor and it carried unanimously. ➢ HPC 22-18: Complainant alleges that there has been several instances of workplace violence, harassment, and intimidation, which ultimately resulted in her resignation. Commissioner Quartararo motioned that there is sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-23: Complainant alleges that she was arrested for misuse of 911 when she needed help and called for assistance. She states that while in custody, she was mistreated. Commissioner Springer motioned that there is sufficient evidence to refer to the chief, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-25: Complainant alleges that he didn't receive the aid to match his concerns. Motion made by Commissioner Toci to refer to the chief for procedural concerns, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-29: Complainant alleges that there's inaccurate statements in her police report. Commissioner Quartararo motioned that there is sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Lassiter, and it carried unanimously. ➢ HPC 22-30: Complainant alleges that she was wrongfully arrested for a violation of order. Commissioner Toci motioned to decline, insufficient evidence to prove the complainant's allegations. Seconded by Commissioner Springer and it carried unanimously. ➢ Complaints in the non -acceptance category: o HPC 22-15: 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. o HPC 22-17: Commissioner Springer motioned to accept the Chair's decision to decline investigation due to the 90-day rule. Commissioner Toci seconded, and it carried unanimously. Hawaii Police Commission Regular Session Minutes April 29, 2022 Page 12 o HPC 22-10 Commissioner Springer moved to accept the Chair's decision of non -acceptance; the complaint does not allege an element of misconduct. Commissioner Lassiter seconded, and it carried unanimously. o HPC 21-51: Motion to reject the Chair's decision of non -acceptance. Complaint was received on the 91st day, but dated within the 90 days. Motion made by Commissioner Quartararo to consider and investigate the complaint, seconded by Commissioner Lassiter, and it carried unanimously. ANNOUNCEMENTS Vice Chair Brown announced that the next meeting is scheduled for May 20, 2022, at 9:00 a.m., in the West Hawaii Civic Center, Building G Conference Room, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii ADJOURNMENT Commissioner Toci motioned to adjourn, seconded by Commissioner Lassiter, and it carried unanimously. The meeting adjourned at 4:02 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR