Loading...
HomeMy WebLinkAbout2022-10-21 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 21, 2022 HAWAFI COUNTY BUILDING, COUNCIL CHAMBERS 25 AUPUNI ST., SUITE 1401, HILO, HI CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:10 a.m. Present: John Bertsch, Chair Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Absent: Thomas Brown, Vice Chair Denby Toci, Commissioner A quorum was present. Also present: Kenneth Bugado Jr., Acting Police Chief Chad Basque, Assistant Chief Andrew Burian, Assistant Chief Kenneth Quiocho, Assistant Chief Miles Chong, Captain Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS • Roger Christie came before the commission to speak on the next chief of police. He expressed his gratitude for the service that the Hawaii Police Department provides. He passed out handouts, one with a quote from US Attorney, Ed Kubo stating "we're not proud of it. But crystal methamphetamine is our gift to the nation. It started here." He also shared a study from years ago, which stated that anti-pot efforts boost ice use, which drove up the price of marijuana. Mr. Christie stated it's a failure on "we the people" and feels the Police Commission is also responsible, as it oversees the department. He states that the department and legislature continued the eradication program, which led to opioid, and fentanyl use. He feels as if criminals are being cultivated here due to bad policies and something needs to be done to figure out what's going wrong and how to correct it going into the future. He said that $78 million in funding was put into the fentanyl issue here and he's concerned that it might be another mistake going forward unless the marijuana eradication program is cleaned up. Mr. Christie stated going forward, he hopes to have a "non-vaxxed" chief of police, someone that respects medical and religious exemptions for "we the people." He stated there will most likely be another pandemic in the future and we need to do better than Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 2 we did the last time. He suggests science is not to be followed, it's to be questioned, prodded, and always updated. To say follow the science and get your vaccine is almost hypnosis. He stated that there's a lot of evidence coming out now that shows the vaccine leads to miscarriages and deaths, but this doesn't seem to be mentioned in the press. He feels people should be pro-health and the county should be giving out vitamin D and zinc for free for people to take home and build their immune systems. He hopes the next chief will be security conscious and proactive in keeping people here healthy, not coercing them into something that isn't tested and could be harmful. Commissioner Quartararo stated that he would like to speak with Mr. Christie one on one and would provide him with his email address. • Dwight Vicente came before the commission and stated he is representing the Hawaiian Kingdom. The US citizens who were here illegally found the Honolulu rifles, under King Kalakaua, and vowed to protect the King, but they turned the gun on him in 1887, which created the Bayonet Constitution. That's all because of the 1875 Reciprocity Treaty, which wasn't a treaty, it was a proclamation done by three US citizens, which applied the Northwest Ordinance to this kingdom. The US citizens promoted the homestead program, and the right to vote under the Bayonet Constitution. They wrote the new constitution, giving them rights, then later the removal of Queen Liliuokalani, on January 17, 1893. They were claiming rights, not under the US Constitution or the Hawaiian Kingdom Constitution, but under the Northwest Ordinance. There was no gun control here until 1893, under the provisional government, until 1959. Mr. Vicente stated the State of Hawaii isn't under the US constitution, just like the Hawaiian Homes program, it's under the Northwest Ordinance. Regarding gun control, this state has its own constitution going back to 1840 and it isn't the US constitution. The US supreme court has very limited jurisdiction and the New York (Bruen) case doesn't apply here. There's no gun control for the Hawaiian Kingdom, then and now. He also states how the police department is arming itself under Title 10, state militia, Chapter 134 and that is just to arm the police department, and no one else, but that is flawed because Title 10 does not apply here, it's under the US Constitution. Mr. Vicente stated that the police department can't be armed under Title 10, Chapter 134, nor can the chief of police issue permits or licenses, there's no authority. In the Hawaiian Kingdom there is no gun control, you buy a gun, carry it and commit a crime, and you're prosecuted for it. He states the commission needs to look into this because there's a history to this which goes back to the Hawaiian Kingdom, which is the jurisdiction here today. • John Erickson came before the commission. He feels there should be a sherriff's office, someone who would represent the people and the constitution, rather than taking orders from headquarters from the State. He stated that he wants people that are akamai, and has all the data available rather than censoring conservative republicans. He stated that officers shouldn't be sent out to enforce things that are not constitutional, such as issuing citations for not wearing a mask. He stated there's been many Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 3 violations of people's rights and they were coerced into taking the vaccine with propaganda, while award-winning medications were taken away from the people. Mr. Erickson stated this is against mankind, we need someone to wake up in power and say "stop, I represent the people of truth and honor and justice and love." He stated if you can't go home and listen to a podcast by Mike Adams at Natural News occasionally to get caught up on the medical news and information, he doesn't want you as our leader, you're not trustworthy. Mr. Erickson further shared many adverse reactions to the vaccine. • Gene Tamashiro came before the commission and stated that he is a sovereign Hawaiian, he has many sovereign American friends and they are working hard to stand up for God's natural law. He stated that all men are created equal. He shared that Kamehameha III, Kauikeaouli said "Ke Akua hath made of one blood all nations of men (people) to dwell on Earth in unity and blessedness." Both of our countries are founded on God's natural law. There's one covenant that we should all be mindful of, and that's the covenant with the most high, that's what unites us. He stated a lot of them in the community have facts and evidence proving the pandemic is a "plandemic" but the court system just dismisses it. They created a Hawaii Natural Law Assembly, which is an international tribunal operating in the natural law; be truthful, do no harm, honor your word. Those three principles unite us, it shouldn't divide us. Mr. Tamashiro stated it's important that our police chief honors his oath to the United States Constitution, which is an occupying power, none the less it is the corporate occupying power and it controls so much of life here in Hawaii, the State and County of Hawaii, these are all aspects of the occupying power. He explained HRS 172-11, regarding land title rights, and stated that all land title transfers after 1893 are proven to be defective. He stated all police should be aware of HRS 172-11. Mr. Tamashiro handed out a press release from the Hawaii Natural Law Assembly and a copy of HRS 172-11. • Joanna Pike came before the commission, she stated that she lived in Hawaii for 16 years, she was brought here because she was a Department of Defense employee for 32 years, and spent seven years at the pentagon. She advised all those involved in the selection of the new police chief to open up their heart and take away from their thoughts and allow Yeshua to flow through them. She asks that they fully accept what is real and look past the illusion, let the Holy Spirit take them, and allow them to make the change that we need. She prays that the next police chief brings people together and is strong as a warrior. She states that the next police chief should not be vaccinated because that will prove that they were strong in their faith and did not fall into these illusions. • Rikki Torres Pestana came before the commission. He shared that he was born in Honoka`a, graduated from Hilo High School, and is a combat veteran of Vietnam, in 1967. He further stated that he lived in Maui for 18 years and their new chief is an American from another state, who doesn't know the culture. He advised the Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 4 commission that they need to select someone who is sensitive to and understands their culture. He further stated that he is against open carry, he expressed that it puts officers' lives in danger. • Chris Hirose came before the commission. He spoke about the dangers of the COVID vaccine and the suppression of early treatment. He further explained Dr. Zelenko's protocol and referred to a book "Overcoming the COVID Darkness." He stated that he would like the chief of police to be aware of early treatments and further stated that they were forced to get vaccinated, so he would like to see mitigation so they don't die from the vaccine. He stated that Dr. Fauci has made $5 million dollars from this pandemic and the NIH is corrupt because they share royalties with big pharma, the CDC is also corrupt because they are funded by big pharma, and the FDA gets 75% of its funding from big pharma. Mr. Hirose handed out information on early COVID treatment, antibody-dependent enhancement (ADE), and vaccine spike protein detox. APPROVAL OF MINUTES • Commissioner Quartararo motioned to approve the regular and executive session minutes of September 16, 2022, Commissioner Springer seconded, with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief Quiocho reported that up through September 30, 2022, there were 1,510 serious crimes. Of those serious crimes, the Area I and Area I I Criminal Investigation Units investigated 171 of those cases. Of those cases 171 cases, 97 were investigated in Area I and 74 in Area II. • Calls for service: Assistant Chief Quiocho reported for the month of September 2022, the department received 10,054 calls for service, bringing the total calls for service for the fiscal year to 30,034. Commissioner Robinson stated there are a lot of auto thefts, it's a small island, and he wanted to know where they are taken to. He asked if they're chopped up or shipped off the island. AC Quiocho stated that they are sometimes taken to remote areas where they're dismantled. A lot of times they'll switch out the vehicle's license plate or remove the VIN numbers and use these vehicles to commit crimes. Commissioner Robinson said it's perplexing because years ago they hardly ever heard about cars being stolen. AC Quiocho shared a recent incident where a truck was stolen out of a couple's driveway. They have a long driveway, were doing yardwork, the keys along with their equipment were left in the truck, and someone took their truck from their property while they were weed-eating. He further stated the department tries to get the public to be more aware of their surroundings and not take things for granted because you never know when you're going to become a victim of a crime. Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 5 Commissioner Quartararo asked how many police communications officers there are. AC Quiocho stated they're constantly recruiting, they're short-handed, and currently have a new class of six. He advised him to ask AC Burian for the exact number, but he's guessing they have about 25-30 total dispatchers. • Traffic Report: Assistant Chief Basque reported on October 10, 2022, the following traffic statistics were recorded for September 2022 in comparison to September 2021: traffic crashes are at 231, compared to 208. Traffic fatalities are at 8, compared to 6, and DUI fatalities are at 3 compared to 5. DUI arrests are at 226 compared to 217. DUI arrests in September are 80 compared to 66 in August. For the month of September 2022, a total of 4,555 citations were issued: 3,258 for moving/regulatory, 362 for seat belts, 29 for child restraint, and 906 for speeding. Commissioner Robinson said looking at the statistics, Kohala seems to be an area where traffic crashes occur. Looking at cell phone citations issued, South Kohala has a very high number of citations issued. He wanted to know if there's any correlation between cell phone citations and major traffic crashes. AC Basque stated there probably is a correlation. South Kohala always has high enforcement rates for traffic. Traffic is proactive policing. When an officer has time and isn't responding to calls for service, they should be running traffic or doing proactive policing. He further noted that South Kohala is a low-crime district and a high proactive district. Commissioner Lassiter wanted to know if there are any laws requiring motorcyclists to use helmets. AC Basque stated that helmets are not required for motorcycles, it's suggested. Commissioner Quartararo stated that earbuds shouldn't be allowed while driving because it's a distraction. AC Basque stated that the law allows for it, it's not enforceable, and it's a choice. • Personnel Report: Assistant Chief Burian reported as of October 15, 2022, there are 58 actual sworn vacancies, 71 in the field, and 13 in the pipeline in various stages. For police communication officers, there are 28 positions that are filled, and 11 vacant. A class of six started recently and they will be conducting four interviews today for the next class. All the supervising police communication officer positions are filled, they have a total of five supervisors in the center. As of October 15, 2022, 426 of 484 sworn positions were filled (88%) and 128 out of 155 civilian positions were filled (82.6%). • Police Recruitment Activities: The 94t" police recruit class started on June 1, 2021, and they are on the road (solo). The 95t" recruit class has six currently in field training and will be going solo on November 1, 2022. The 96t" recruit class is in academic training until December 31, 2022, it's a class of seven at this point. Recruitment for the next recruit class (97t") ran early in the year. A total of 250 applied, 141 took the written, 76 Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 6 passed the written, the agility was held in May and 76 were invited, 65 showed up, and 53 passed. HPD is continuing with this recruitment right now. The tentative start date for the 97t" recruit class is January 3, 2023. Recruitment for the 98t" recruit class ran in August 2022, there are currently 71 eligible applicants that passed the written exam and they have an agility test scheduled for October 26, 2022. There's active recruitment for police communications officers, which is a continuous recruitment. Commissioner Quartararo wanted to know the average length of service for sworn officers. AC Burian stated it varies, they don't have any stats on that. Commissioner Quartararo asked about the average length of stay for the last three or four recruit classes. AC Burian stated historically, you'll get less than half that make it to retirement age. This is regarding those that finish recruit class, not those that drop out during the class. Commissioner Quartararo stated they resign before retirement age, but what's the average? AC Burian stated that it varies, they had a resignation of an officer who had an excess of 20 years, they hadn't quite made retirement. He further explained that it all depends on the circumstances in an officer's life. Once an officer is vested, having at least 10 years, it's usually a good indication that they'll probably stay until retirement, but that doesn't guarantee it. He stated that they have no statistics on this, it's an individual thing depending on what's going on in their lives, and their satisfaction with the job. Chair Bertsch wanted to know the starting salaries for dispatchers. AC Burian stated that he doesn't know, but it is available online. Chair Bertsch asked how long training lasts. AC Burian explained that it's in phases. The class that they just hired will start in the center as call-takers after two months of classroom training. They'll be shadowed by an experienced dispatcher for about three to four months then will be on their own call-taking. At that point, they will go on to dispatching, an experienced dispatcher will train them for a couple of months before they are put out on their own. Chair Bertsch wanted to know the status of the new dispatch center and asked if they're still slated for 2023, AC Burian stated yes, and explained that HFD dispatch staff, HPD dispatch staff, along with Department of Public Works have been meeting monthly. Chair Bertsch asked if HPD ever had inter-governmental transfers of dispatchers from outside or within the state. AC Burian stated no, they do not. Chair Bertsch stated that HPD sees inter-governmental transfers outside of the department, but is HPD receiving applications to the department? AC Burian stated they do receive those occasionally. He further stated they don't recognize inter-governmental movements from outside the state, but they do within the state. He explained that they are always open to that and they do get inquiries from outside the state, but they would still have to go through recruit class and field training, but they're paid for their time, so it's not a losing proposition. As far as getting credit for their current experience, the State of Hawaii doesn't do that, due to the retirement system. Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 7 • Finance: Assistant Chief Burian reported their targeted expenditures are at 28.69%, and the actual is at 27.75%. Targeted salaries and wages expenditures are at 29.17% and the actual is at 28.52%. • Commendations: Acting Police Chief Bugado reported receiving eight commendations, in recognition of outstanding services, involving 27 personnel since the last commission meeting. In addition to the commendations, several officers received some awards. ➢ On Wednesday, during their commanders' meeting, he had the privilege to present Officer Benjamin Nishimoto with the Gold Medal of Valor. The criteria of the award state that any police officer or reserve officer who distinguishes him/herself conspicuously above and beyond the normal performance of duty by means of outstanding bravery at the risk of his/her life. Officer Benjamin Nishimoto of South Hilo Patrol was awarded the medal for his actions on the evening of June 13, 2021. He and fellow officers were assigned to a domestic- type disturbance at a residence in Wainaku. While at the residence investigating, a male from within the residence emerged with a rifle. As officers retreated to seek cover, they came under fire from the suspect. Officer Nishimoto was able to position himself where he was able to take action, return fire and stop the deadly threat to the officers, himself, and other people in the residence while placing himself at risk. ➢ Officer Cody Correia, of Puna Patrol, was selected as the Aloha Exchange Club of East Hawaii Officer of the Month for September. This was for his proactive police work in two investigations during the month. The first incident was a terroristic threat investigation where a firearm was recovered and taken off the street. In the second incident, he applied a tourniquet to a victim's arm who was injured and bleeding heavily. Without the application of the tourniquet, the injury could have potentially been fatal. ➢ Officer Conrad Iranon, of Kona Patrol, was recognized as the Kona Crime Prevention Committee Officer of the Month for September for his diligence in solving a burglary of a preschool, resulting in the arrest of two suspects who are facing multiple charges. Officer Iranon is a six-year veteran, however, he has since left the department for another agency on the mainland. ➢ Officer Xylon Takata was selected to receive the Haweo award for his quick actions in helping to save an unconscious female. He responded to a residence for an unconscious female. Upon being advised that the female may have ingested heroin, Officer Takata retrieved his naloxone (Narcan) administered a dose, and performed CPR. After a few minutes, the female became conscious and was transported to the hospital for further treatment. Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 8 Acting Chief Bugado explained the dangers of drugs such as fentanyl. He stated that they work hard to bring illegal drug makers and suppliers to justice and can continue to recover the drugs and do the investigations, but until they can get the demand to stop, the drugs will continue to ruin our communities. HPD's personnel who are most knowledgeable about these drugs are vice and patrol officers who are trying to educate people by giving presentations, and interviews on the dangers of the drugs, how to identify them, and how to keep family members and themselves safe. They made the battle against illicit drugs one of their main priorities and continue their efforts to stop the drugs from entering our community. Chair Bertsch stated with Halloween coming up, there is a fear that with the amount of fentanyl out on the streets these days that it may somehow end up in the wrong hands, in the hands of our children. He wanted to know if the department is doing anything proactively to make sure that all the officers have Narcan available and asked if the department is doing any outreach. Acting Chief Bugado stated that all the officers carry Narcan, as far as outreach, they have been active over the last several months. They've conducted numerous interviews with news outlets, Zoom interviews, etc., identifying the dangers and what to look for with the new rainbow fentanyl showing up and how to keep themselves and their families safe. Chair Bertsch asked if the department is working on elevating vice presence regarding intelligence and arrests. Acting Chief Bugado stated that they are and they hope to create an investigation where they can take down the biggest drug dealers at the top. He further stated that by making everyone aware of it and the dangers of it, even if they're not involved they may see activities and report it because of the concerns about the drug within the community. CORRESPONDENCE • Correspondence No. 22-08: Grant Tolleth submitted input regarding the selection of the next police chief. Motion to accept correspondence made by Commissioner Lassiter, Commissioner Robinson seconded, no discussion, all in favor, motion carried. • Correspondence No. 22-09: Kimberly Hill submitted input regarding the selection of the next police chief. Motion to accept correspondence made by Commissioner Robinson, Commissioner Lassiter seconded, no discussion, all in favor, motion carried. UNFINISHED BUSINESS • Selection process for the next police chief: Chair Bertsch stated that the Police Commission still does not know the names of the individual applicants. It was reported that 44 applications were received, although he wasn't officially told. The Department of Human Resources is managing this portion of the posting. Of those applications that were received, a few were disqualified based on not meeting the minimum qualifications. Those that met the minimum qualifications were invited to complete a Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 9 questionnaire. They have received 22 responses, and of the 22 responses, one has since withdrawn their application. They are now down to 21 applicants. Earlier this week, they received responses to the questionnaire. The questionnaire is referenced to an individual number, instead of the applicants' names so that it would be fair, impartial, and unbiased. Once the commission finishes rating each applicant, they will aggregate the scores and discuss in an executive session how they would move forward based on those scores. Once they get down to what they feel is a manageable working group of applicants based on what the commission feels are the best responses, they will request that Human Resources provide the commission with additional information collected at the posting and provide them with names associated with those numbers. At that time, the chair, with permission from the commissioners, will send out a letter to the finalists and all the applicants notifying them of the status of the process, they would be the first to know. The commission will then identify publicly who the finalists are. It would be the commission's goal to calendar public testimony, which would be open to the community for comments on the individual finalists. Those applicants would be invited to provide public testimony at the hearings and allow the public to engage. At that conclusion, the commission would interview each candidate in an executive session. After the interviews, hopefully, the commission would be comfortable enough to require additional information or make a selection at that time. Chair Bertsch thanked Acting Chief Bugado for his patience during this process. If everything goes smoothly, he's hoping to fill the chief position by the end of the year. Chair Bertsch stated that they are just as excited to find out who applied as the rest of everyone is, but they're trying to make this as fair and impartial as they possibly can. Recess was called at 11:05 a.m. The meeting reconvened at 11:22 a.m. EXECUTIVE SESSION Commissioner Robinson motioned to meet in executive session to consider charges against the officers or employees of the police department, where matters affecting privacy will be involved; to consider sensitive matters related to public safety, and may consult with the board's attorney 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, no discussion, and it carried unanimously. Executive session convened at 11:25 a.m. Motion to reconvene open session made by Commissioner Robinson, seconded by Commissioner Lassiter, and it carried unanimously. Regular session reconvened at 2:47 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 22-41: Complainant alleges his police report wasn't documented properly. Commissioner Robinson motioned that there was insufficient evidence to prove Hawaii Police Commission Regular Session Minutes October 21, 2022 Page 10 the complainant's allegations of misconduct. Commissioner Lassiter seconded, no discussion and it carried unanimously. ➢ HPC 22-38: Complainant is dissatisfied with the officer's response. Her minor child was allegedly left in a volatile and dangerous situation (continued). Commissioner Springer motioned to refer to the police chief for further investigation. Commissioner Lassiter seconded, no discussion and it carried unanimously. ➢ Complaints in the non-acceptance category: o HPC 22-42: Commissioner Springer motioned to accept the Chair's decision to decline the investigation, the complainant has given notice of intention to seek remedies through a civil suit. Commissioner Lassiter seconded, no discussion, and it carried unanimously. o HPC 22-43: Commissioner Robinson motioned to accept the Chair's decision to decline the investigation due to the 90-day rule. Commissioner Sur seconded, with no discussion, and it carried unanimously. Motion made by Commissioner Quartararo to authorize Corporation Counsel to release additional information on semi-finalists identified in executive session. Commissioner Lassiter seconded, with no discussion, it carried unanimously, and the motion carried. ANNOUNCEMENTS The next regular meeting is scheduled for November 18, 2022, at 9:00 a.m., in the West Hawaii Civic Center, Building A Council Chambers, Ane Keohokalole Highway, Kailua- Kona, Hawaii. ADJOURNMENT Motion to adjourn was made by Commissioner Sur, seconded by Commissioner Lassiter, with no discussion, and it carried unanimously, the meeting adjourned at 2:52 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: JOHN BERTSCH, CHAIR