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HomeMy WebLinkAbout2022-11-18 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES NOVEMBER 18, 2022 WEST HAWAFI CIVIC CENTER, BUILDING A COUNCIL CHAMBERS 74-5044 ANE KEOHOKALOLE HWY., KAILUA-KONA, HI CALL TO ORDER AND ROLL CALL Chair Bertsch called the meeting to order at 9:05 a.m. Present: John Bertsch, Chair Thomas Brown, Vice Chair Dylan Andrion, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Denby Toci, Commissioner Absent: Pudding Lassiter, Commissioner A quorum was present. Also present: Chad Basque, Assistant Chief Andrew Burian, Assistant Chief John Briski, Major Miles Chong, Captain Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary Chair Bertsch introduced Commissioner Dylan Andrion, who represents District 9. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Summarized) • Junior Tupa'i came before the commission. He stated that he was in a meeting with several pastors from the east side of the Big Island and they had asked for him to speak on their behalf. They want a chief who will put the people first. He recited the Declaration of Independence and further stated they want a police chief that will support and defend life, liberty, and the pursuit of happiness. They want servants who are right standing with the people, servants whose allegiances lie primarily and firstly with the people. He asked that the commission hears the voice of the people and put the people first in this selection process. • John Kennealy came before the commission. He handed out a flyer about himself and his background. He shared that he has an extensive background in federal law enforcement. He stated the Hawaii Police Department has low ratings and further stated statistics on crime and complaints the department receives. He feels respect and trust between the community and the police department have been lost on both sides. The community has a hard time respecting and trusting the police department. To gain that trust and respect back, he feels they need an elected chief but is aware that won't happen here, but the people need to voice what they want. They need a chief that Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 2 responds to the people. The chief of police needs to find new ways to update their department. If they're going to regain the trust and respect of the people in Hawaii, they must do a huge 180. He stated that he is aware that the commission has begun evaluating a lot of candidates, he and would like to put his name on that list because a lot of people approached him and asked him to do so. He explained that he also ran for office in 2022. He stated he can get endorsements of over 10-20 pastors in Hawaii County, two or three legislatures, and others from the community. He asks that the commission selects someone who is from Hawaii, knows the culture of the people, isn't corrupt, won't stick to the status quo, but make changes and regain the trust and respect of the people of Hawaii. Commissioner Quartararo asked about the statistics he quoted earlier. Mr. Kennealy stated he can show them the site that does the reporting or stay and speak to the commission about this after the meeting. Chair Bertsch reminded him of time constraints. Mr. Kennealy stated the statistics and police departments' scorecards can be found at policescorecard.org. Commissioner Sur noted that there are a lot of problems with the judicial system. He hears a lot of positive feedback from the community regarding officers responding to problems they have been facing with the homeless and violence downtown. It's easy to blame the police, but it's the prosecutors, the judges, the legislatures, etc. Mr. Kennealy agreed and stated that at the patrol level, they are doing amazing jobs. • Alohalani Hope Cermelj came before the commission and referred to the Hawaii State Constitution, Article XIV, Code of Ethics. She stated Hawaii County police commissioners, police officers, and the chief, all take an oath and are supposed to follow this. The people of Hawaii believe that public officers and employees must exhibit the highest standards of ethical conduct and that these standards come from the personal integrity of each individual in government. To keep faith with this belief, the legislature, each political subdivision, and the constitutional convention shall adopt a code of ethics which shall apply to appointed and elected officers and employees of the State or the political subdivision, respectively, including members of the boards, commissions, and other bodies. She spoke about the complaints on the agenda and stated they were all ethics violations. She stated the officers are all overworked, they work 12-hour shifts and the department has 60 vacancies. She expressed her gratitude for officers and stated manpower needs to be increased and will send her requests to council members. She stressed the importance of following the code of ethics and she stated to thank the officers who are diligent, who do their jobs, and follow the code of ethics and make sure it happens with the new police chief. She also stated she will be going to the legislature to make a change because the police chief needs to be voted in, as they do in America for their sheriffs and school boards. • Kevin Hill signed up for Zoom testimony, he was called a few times, but he wasn't present. Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 3 • Roger Christie gave testimony via Zoom. He stated every day there's new evidence leading to proof of the meticulous plan that lead to the "plandemic of COVID-19." It looks very bad for those who designed it, supported it, and were complicit in it. We need a new police chief who sees what most people can't see or won't admit. He shared a quote from J. Edgar Hoover, "the individual is handicapped by coming face to face with a conspiracy so monstrous he/she cannot believe it exists." He stated officials and news media have been complicit in this plan. They want, need, deserve, and demand a new police chief who gets it. Someone who is "non-vaxxed," who clearly sees and understands the monstrous plan, and one who is willing to stand up, speak up, and take effective actions to neutralize it. He stated he and his friends will do their best to see that our next police chief obeys, supports, and defends the constitution above all else and he trusts the commission will as well. Chair Bertsch stated as they go through this process, they're always interested in getting public testimony from him and the community. He asked him to craft some interview questions he feels would be relevant and email them to Ms. Correa. Chair Bertsch stated he can't guarantee they'll use the questions, but they'll look at them. Commissioner Robinson advised Mr. Christie this is the third time he testified before the police commission, asking for them to select a police chief who isn't vaccinated. He advised him about the Health Insurance Portability and Accountability Act that was passed that would prevent you from hiring someone on the basis of a medical condition. We can ask the question, but they don't have to answer. If that's a component of their selection, it's a violation of federal law. He further stated it's your position and the commission respects his position, but understand there is a law that would prevent them from doing that. • Shawn Dearing gave testimony via Zoom. He stated that during the past few years, during the "plandemic," those in power and in law enforcement abused their power. He read the law enforcement code of ethics on the police department's website and stated during the past few years, they have got none of that. He alleges that he tried to speak with the previous chief numerous times and was ignored. He wanted to report human rights violations and got no response. He stated he brought his complaints to the police commission, but he received a response stating there was no evidence of misconduct. He read the definition of "tyrant." He feels corruption is the biggest issue and the commission needs to hold the chief accountable. • Indy Singh provided testimony via Zoom. He shared that he is an educator, and in 2019 he wanted to take a more proactive approach to the police situation that was taking place across the country. He went to the police stations and found that a lot of police officers were not doing well. He referred to a chart that showed funding has gone up for police departments across the country, but funding rarely goes to mental health, and Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 4 non-violent communication skills, for the officer's mental and physical well-being. He stated that it's very important to be healthy if you're trying to be a guardian for the community; mentally, physically, and spiritually healthy. He shared an ABC news article featuring what he's done in San Francisco with Police Officers and how the officers benefited from it. He stated he could volunteer, but the department could also pay a teacher to teach meditation to officers, effective communication skills, non-violent communication, de-escalation techniques in creative ways, self-care and self-love, and self-recognition. He stated almost 95% of police officers at SF PD have sleep and substance abuse issues. Chair Bertsch thanked Mr. Singh and stated he was very interested in what he's doing, and asked that he forward his information to Ms. Correa. Commissioner Toci thanked Mr. Singh for looking into the health of the police officers, as they have a stressful job. She stated what he presented is a good idea. Improving the health and well-being of their officers. • John Erickson provided testimony via Zoom. He stated the true pecking order or chain of command in this nation is God, who created man, man created the constitution to protect the people, and the constitution created the government to protect not restrict the people. The government created corporations, and as a result, America functioned as a democracy, instead of a republic. He further spoke about the voting system, the grand jury system, and the US Constitution. He stated the lawlessness of our government is out of control and the people need protection, we need someone to protect our rights. • Chris Hirose gave testimony via Zoom. He stated the chief of police should honor their oath to the Constitution, the Constitution was put into place to be a shield against tyranny and tyranny is coming to our country. The police chief should use the Constitution as a shield to protect not only the public but his own people. He spoke about the owners of the central bank and federal income tax which funded WWI, he stated the US citizens funded the war through federal income tax. He stated COVID was like a world war because all the countries around the world went into debt to their privately-owned central banks. It was a biological, psychological, and economical war. • Jason Blair provided testimony via Zoom. He stated he would like the commission to choose a candidate that would follow the rule of law, starting with the US Constitution and Bill of Rights. Business as usual cannot be the way of the new police chief. The new chief should follow the US rule of law, including and especially the second amendment. He/she must know and understand the meaning of the words "shall not be infringed" regardless of unconstitutional laws that are passed by the county council and state legislature. The new chief must be strong to lead the entire police department in upholding the rule of law. He/she must also be available to the public. Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 5 • Donna Grabow provided testimony via Zoom she spoke about vaccine mandates, orders, and proclamations and stated they were unconstitutional. She stated we need a police chief who did not consent to be injected with poison. She further stated someone who has not consented demonstrates that they will not compromise their health to keep their job. If they're respectful of their health, they'll be respectful of others' decisions. She stated that she praises the police, they deal with a lot of violence and are in dangerous situations. She stated all social ills cannot be the responsibility of the police chief and officers of peace, the kuleana is also on all the people to stand up and start a better community. She thanked the police commission who are volunteering their time and took the time to listen to the community. • Brian Black Executive Director of Civil Beat Law Center for the Public Interest provided written testimony as well as Zoom. He strongly encourages the commission against holding executive sessions closed to the public for the selection of the chief process. He stated he's happy to answer questions or discuss options regarding compliance with the Sunshine Law. Chair Bertsch addressed where they are in the process. He stated when they posted the position, they received 44 applicants, from the state and nationwide. They have reviewed and are looking diligently at all of those applicants. They subsequently sent out interrogatories; questions to all the applicants, of those, 22 responded. Of the 22 that responded, one of them rescinded. They currently have 21 applicants within their pool. The commission is deliberating with regard to their answers to their questions. Their goal is to try to come up with the finalists they feel will be appropriate for this chief position. The moment they do that, they will ask those applicants for their permission to share their names and go public. Once they receive permission to go public with the finalists' names, the commission will be 100% open and transparent. They are doing their absolute best to keep this as fast and professional as they possibly can. They have fantastic candidates on paper and the commission is looking forward to speaking with these individuals in person. The commission still does not know the identities of all the applicants, numbers are associated with the applicants and those numbers were generated and given to them by human resources. They want to get this process going as fast as they possibly can. He explained that it's a nine-member commission, all need to agree and they open it up for public testimony. Chair Bertsch thanked Mr. Black for his letter and testimony. He stated it's their goal to be as transparent as possible. Mr. Black stated he thinks the community would be interested in seeing the criteria that are being used and watching the process by which the commission is using to narrow down the candidates to those that become the finalists. He stated the courts have been clear, especially if you don't even know their names. That the standard exception that has been used in the past for privacy and personnel decisions would not be a basis for holding a closed session. Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 6 Chair Bertsch stated the commission received a request to obtain a copy of the interrogatory that they distributed. He stated there was nothing in that questionnaire that is alarming, it was fairly generic, asking for history and why they want to be the chief of police. Because of the hiring practices by County HR, they might use this questionnaire again in the future, it was asked that the questions remain protected. He once again stated the questionnaire was pretty generic and was just an evaluation process for the commission. Mr. Black stated he was not concerned about the disclosure of the documents. As he reads the agenda, it mentions the discussion of candidates in executive session. Chair Bertsch stated if anyone in the community feels like they need to be transparent, they look forward to that. His goal has always been to navigate this process in the most efficient, effective, and transparent way following guidelines that they need to follow. He further stated when their long-time secretary retired, it took them almost 6 months to find a replacement for her. They're doing their absolute best to find the best police chief for the County of Hawaii. Because of Sunshine Laws, the commission cannot meet without posting a meeting, they are bound by that law. If they all could get together someplace, sit down, chat and go through it, they would get it done quickly, but unfortunately, they don't have that luxury and time is not in their favor. Recess was called at 10:20 a.m. The meeting reconvened at 10:30 a.m. APPROVAL OF MINUTES • Commissioner Robinson motioned to approve the regular and executive session minutes of October 21, 2022, Commissioner Andrion seconded, no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Major Briski reported that through October 30, 2022, there were 1,932 serious crimes. Of those cases, 227 were investigated by the Criminal Investigation Units in Area I and Area II. • Calls for Service: Major Briski reported that in October, the department received 10,158 calls for service. Commissioner Quartararo asked if the fiscal year-to-date total calls for service is 40,192, as stated in the report. Major Briski stated he doesn't believe that is accurate. Chair Bertsch asked if they are seeing any trends. Major Briski stated they have been seeing an uptick in thefts across the board. As the economy has slowed, they have seen an increase in shoplifting, etc. although these types of crimes are brought before the judiciary, it's a lower status, so they see the same names repetitively for the same things. Chair Bertsch stated it appears there are more crimes involving weapons, and Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 7 he wanted to know why there is an escalation. Major Briski stated that's a complex question, but the ease with which illegal firearms are available to people; it's a credit card and a keystroke away with the internet these days. Oftentimes, it's criminals that are doing this, they don't follow the law, it's not the everyday citizen. Chair Bertsch asked if "ghost guns" were involved in the recent crimes on the island. Major Briski stated a good number of them have been, or also unregistered or stolen. Chair Bertsch wanted to know out of the crimes involving firearms in Hawaii County, how many came from a registered firearm that was lawfully assigned to an individual. Major Briski stated he doesn't have the exact numbers, but he will be hard-pressed to remember a time when the firearm was legally obtained and legally held by that person involved in a crime. Commissioner Toci asked wanted to know how the department handles firearms when there are TROs involved. Major Briski stated they first check to see if the respondent has firearms registered to them, they are ordered to turn them over to the time the TRO is served. They are then recovered at that time, which is called "safe keeping" and it's maintained in their evidence warehouse until the TRO has been expired/run its course. they would then have to coordinate with the evidence office to get their firearms back. Commissioner Toci stated oftentimes the petitioner states the gun isn't registered, and she wanted to know how the department handles that. He stated that would pose a challenge. They would have to get enough information to obtain a search warrant to search for the firearm. Commissioner Andrion referred to auto thefts listed in the crime report. Fiscal year to date October 22-23 Area I has 111, compared to 214 the previous year. He stated that's a great improvement, and wanted to know if there's a practice, initiative, or explanation behind this improvement. Major Briski stated it has to do with the community and education. He further explained that through the hard work of a lot of police officers, they got some key individuals who were known for multiple auto thefts off the streets and behind bars for a while. • Traffic Report: Assistant Chief Basque reported that as of November 9, 2022, traffic crashes are at 304, compared to 282 last year. Traffic fatalities are at 12 compared to 10 last year. DUI arrests for the year are at 306, compared to 313 last year, and DUI arrests for the month are at 80, compared to 80 the previous month. For the month of October 2022, a total of 4,887 citations were issued: 3,493 for moving/regulatory, 365 for seat belt, 27 for child restraint, and 1,002 for speeding. Commissioner Robinson asked if there is any way to make a distinction in all of the traffic violations to see if these are residents of Hawaii County or visitors. AC Basque stated they could possibly run a report to find the stats. Commissioner Robinson asked if he could be provided with this information. AC Basque stated he will have someone run the report and will send it to him. Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 8 Commissioner Quartararo wanted to know what constitutes a cell phone violation. He asked how do you know it's happening? AC Basque explained that the officers need to observe the driver holding a cell phone in their hands and speaking on the phone. Commissioner Quartararo stated that he's concerned about earbuds in driver's ears. Where he's from, it's prohibited. He stated in 17 states, earbuds are 100 percent prohibited from being used while driving, but here in Hawaii, there is no such prohibition. He further expressed safety concerns regarding this. He wants Council to look into this. Chair Bertsch asked if there was evidence that shows where earbuds cause accidents. AC Basque stated not to his knowledge, there are no prohibitions regarding this, it could be happening, but they're not looking for that. Commissioner Quartararo stated he wants the commission to go to Council and have them discuss and investigate this issue. Commissioner Robinson asked Corp Counsel if traffic laws are a function of the state or county. DCC Frenz stated the issue needs to be brought up to state legislatures, but this doesn't mean our council members can't make that contact, but it's not a county code. She advised he could talk to his council member, who could put it on the calendar. • Personnel Report: Assistant Chief Burian reported as of November 15, 2022, sworn vacancies are at 66 in the field, seven in recruit class, actual number of positions unfilled is 59. The actual positions they have for police communications officers is 44, there are 14 vacancies, and 30 are filled. There are five total supervisory positions in dispatch and all are filled. HPD has filled 426 out of 484 sworn positions 88% of the positions, putting them at a 12% vacancy rate. For civilian positions, they are at an 82.6% vacancy rate. • Recruitment activities: The 94t" recruit class was reallocated to Police Officer II, on November 1, 2022. The 95t" recruit class is in the solo phase until December 15, 2022. The 96t" recruit class is still in academic training until December 31, 2022. The 94t" recruit class probation was shortened due to the cancelation of the supplemental agreement. When they started, their probation was 18 months. SHOPO had requested that the supplementary agreement be canceled, therefore the probationary period is dropped to 12 months. The 97t" recruit class has 27 applicants remaining, tentative class start date is January 3, 2023. There are 38 applicants for the 98t" recruit class, they have completed the testing and physical agility, but they haven't established a class start date for this recruit class. The next police communication officer class starts on December 1, 2022, there's only one person for this class. They eliminated the initial test for recruitment, they have 53 applicants, and the realistic job preview is set for December 7t" 8t" and 13t". The primary reason they have so many applicants is that they eliminated a portion of the recruitment, the written test. Police Officer III internal recruitment ran from September 11t" to the 20t" and they have 55 candidates. Police Lieutenant, recruitment ran from September 4t" to 13t", the written exam is scheduled t" for December 8 Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 9 • Finance: Assistant Chief Burian reported that as of October 31, 2022, their targeted expenditure was 33.79% and the actual was 33.09%. Target salary and wages expenditure was 37.50% and actual was 37.01%. • Commendations: Assistant Chief Burian reported receiving four commendations, involving six personnel since the last Police Commission meeting in recognition of outstanding services. In South Hilo, Mrs. Amy Miyao commended Officer Bryson Pilor for his exemplary service and for going above and beyond his job when taking a theft report from a friend, bringing her dinner due to her limitations, and making a referral to the Office of Aging for assistance. In the Puna District, Pastor Timothy Williams commended Sergeant Zenas Pacheco and Officer Coley Rowe for their support and words of encouragement. In the South Kohala district, Deputy Prosecuting Attorney Kate Perazich commended Officer Landon Takenishi for his hard work on a case that was successfully prosecuted. In the Kona district, Ms. Marie-Anne Rouse expressed appreciation to Officers John Harvey and Curry Mcfadden for stopping and assisting a driver who had car trouble. Officer Elijah Won was recognized by the Kona Crime Prevention Committee as officer of the month for October 2022, due to tracking down a wanted federal fugitive. Officer Dallas Arce was honored as Officer of the Month for July 2022, by the Aloha Exchange Club of East Hawaii, he was honored for saving a women's life. For his outstanding leadership, Captain Rio Amon-Wilkins was honored with the Haweo Award by the Hawaii County Council. Officers Kyle Murray and Devin Ah Chong were honored for rescuing a woman in the forest, they were honored as Officers of the Month for August 2022, by the Aloha Exchange Club of East Hawaii. Assistant Chief Burian stated he knows the commission is working diligently on this, but he encourages them as much as possible to try to make the selection of the new chief by January 1, 2023. He expressed that the department is in a tight spot as far as the upper command leadership. UNFINISHED BUSINESS • Selection process for the next police chief: Chair Bertsch stated that he pretty much laid out where they are regarding this. He explained that the commission will go into executive session to continue their deliberations on the questionnaires that were provided to the commission. He asked if anyone in attendance has any questions. A question was asked if by the next meeting the commission would have the list narrowed down to about five or seven candidates. Chair Bertsch explained that the commission needs to collectively bring all the information together, and rate 21 individuals, to try to come up with what they consider a good set of candidates, then they would have to reach out and contact them to find out what their names are, where they're from and request their permission to allow the commission to make their name public. The commission has done a great job so far and he's confident that the commission will achieve its goals, with regards to the timeline, they will try to get this Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 10 done as best and as quickly as they can. She asked best case scenario, with all the commissioners on board, will the list be whittled down? Chair Bertsch stated if they get to the point where they feel comfortable and they have solicited those final numbers. They will try to expedite this process, once they get permission from the applicants, they will schedule public testimony. He's hoping they will have the finalists and public testimonies during the first and second weeks of December and his goal is to have a selection by the following meeting. He stated they are trying to be as open and transparent as they possibly can. She asked about special meetings and asked if the commission would be taking public testimony. Chair Bertsch explained that every time they host a meeting, they need to take public testimony, regardless if it's a regular or special meeting. At the last meeting, which was a special meeting, when the commission was trying to review the applicants, they spent 45 minutes taking public testimony in the beginning. The commission encourages public testimony when they announce the finalists. Commissioner Sur stated that they had several months to work on this. He feels they are behind schedule at this stage. He stated they need to schedule more meetings, in order to get this done and urged all commissioners to show up. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Robinson motioned to meet in executive session to consider charges against the officers or employees of the police department, consider the hiring of an employee 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). Seconded by Commissioner Springer, no discussion, all in favor, executive session convened at 11:27 a.m. Motion to reconvene open session made by Commissioner Andrion, seconded by Commissioner Toci, and it carried unanimously. Regular session reconvened at 3:58 p.m. Commissioner Robinson motioned to move to the five finalists and schedule two meetings, one in Hilo and one in Kona for interviews and public inclusion and subsequent determination of the next police chief. Seconded by Commissioner Toci, Commissioner Quartararo asked if Zoom will be available, and he was advised that it would be, no further discussion, all in favor, motion carried. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 22-46: Complainant alleges officers were unprofessional during a search warrant. Commissioner Robinson made a motion to refer to the police chief for further investigation, seconded by Commissioner Sur, no discussion, all in favor, motion carried. Hawaii Police Commission Regular Session Minutes November 18, 2022 Page 11 ➢ HPC 22-48: Complainant alleges an officer was aggressive with his words. Commissioner Andrion made a motion to defer to the next meeting, seconded by Commissioner Springer, no discussion, all in favor, motion carried. ANNOUNCEMENTS The next regular meeting is scheduled for December 16, 2022, at 9:00 a.m., at the Hawaii County Building, Council Chambers, Suite 1401, 25 Aupuni St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 4:02 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: THOMAS BROWN, CHAIR