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HomeMy WebLinkAbout2022-12-16 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 16, 2022 HAWAII COUNTY BUILDING, COUNCIL CHAMBERS 25 AUPUNI ST., SUITE 1401, HILO, HI CALL TO ORDER AND ROLL CALL Vice Chair Brown called the meeting to order at 9:03 a.m. Present: Thomas Brown, Vice Chair Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Denby Toci, Commissioner Via Zoom: Dylan Andrion, Commissioner Absent: John Bertsch, Chair 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. He stated his main concern is the COVID pandemic and he feels it isn't so much an epidemiological story as much as a crime story that isn't being investigated properly. If you're following Elon Musk's Twitter files, you'll see that a giant lie is being perpetrated upon we the people. The media has been spreading damaging and harmful lies for the last few years for the federal government; FBI, CIA, Dr. Fauci, and others. In their opinion, masking and lockdowns are unconstitutional mandates, they are not laws. He stated that they will support who the commission chooses as the new police chief, and they hope they do a great job. He quoted the Constitution of the State of Hawaii, and he stated under the rights of citizens, in section 8, it says no citizen shall be disfranchised or deprived of any rights or privileges secured to other citizens, unless by the law of the land. He's sad to see half-page ads in the Tribune-Herald and elsewhere about pediatric cardiology. This is a new topic for people, why is that a new topic? He stated it's predictive programming because of the harm that's going to come and is already coming from the vaccines, which are not traditional vaccines. He stated CALEA makes decisions for police departments all over the country. He feels HPD should be teaching them what's up with Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 2 the COVID pandemic and not just follow orders from some mainland organization, as much good as they may do. He asked, why aren't the police warning us about this danger? They tried to alert them with no returned phone calls. He quoted judge and former US attorney, Ed Kubo, "we're not proud of it, but crystal methamphetamine is our gift to the nation. It started here." He stated it's gotten so bad that there are half- page ads in the local paper giving out overdose kits to people because the police department didn't honestly and honorably talk about and investigate the cannabis situation here, which was proven to have caused the meth and crime epidemic. It's gotten so much worse, he would say a confession on some level from the police department for past activity is due. • Debra Welch came before the commission. She spoke about her concerns regarding past and future mandates, in relationship to the COVID vaccine and other vaccines that might be coming. She stated the vaccines are FDA approved but there's a legal pretzel out there. The actual shot you get is being manufactured under emergency use authorization and this isn't being told to people who get the vaccine. She stated currently, MRNA is considered a gene therapy product by the FDA. She says this is GMO, genetic modification, and is considered fraud because it's omitted from the insert and omitted from public debate. They're perpetrating fraud because they're not letting people know that it's gene therapy and isn't fully FDA-approved. The other issue is the claim of 98% efficacy, it's not based on absolute data, that's fraud. • Officer Mark Arnold with the Hawaii Police Department came before the commission. He thanked the commission for their hard work during this process. He stated from the beginning SHOPO has not endorsed a particular candidate and there are a lot of reasons why. One of the main reasons is that they're going to have to work well with the new chief that's selected, no matter who he or she is. He's always maintained his endorsement for one particular candidate, it's his own personal choice, and he still stands by that endorsement for Captain Applegate. He feels he'll be a very good chief. He stated the union is willing and able to work with whoever is selected. He wished the commission luck and stated he hopes they make the right choice. • Millicent Cummings came before the commission, she stated she has been trying to inspire constitutional compliance, which was not observed these past three years regarding unlawful mandates, regulations, and things that caused great harm to our community. She spent the past three years working without pay to try to educate the police chief, the prosecuting attorney, the mayor, the governor, and everyone involved in fraud, unknowingly or knowingly. As human beings, regardless of our differing perspectives, we are one family. She spoke about injuries caused by the vaccine and stated it'll be five to ten years to know the consequences of what's really been done. She stated they spent a lot of time educating the people who were supposed to represent them, but all that time and evidence provided to them were utterly dismissed. She's begging everyone involved to take their own accountability for their own Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 3 humanity and their own kuleana regardless of what they're being ordered to do, regardless of unlawful regulations and mandates, and instead, choose to abide by the law, the Constitution of the United States regardless of the fact that this is an illegally occupied situation that we're dealing with as well. In the meantime, before law is restored, we are all beholden to the Constitution of the United States which honors every single one's right. She stated that she cares for everyone and she has been working so hard as a single parent that she can't even afford to live here and is on a plane in a few days. She's moving to a place that is constitutionally compliant, a place with an elected sheriff, a county that takes kuleana seriously. Commissioner Sur asked where she was moving to, she stated Castle Rock, Colorado. • Kevin Hill came before the commission and stated the new chief will face pressures from money, unions, politics, and pressures from everywhere. He stated he's here today to speak about the most important pressure, the pressure that happens when people don't feel like they're heard. There are a lot of people who have been frustrated because they don't feel like they've been heard and he's grateful for the commission because this is an opportunity to be heard. Someone might look at the structure of where the chief of police fits in. You have the department of public safety, who's appointed by a politician and everything else trickles down from that. One might think that the police chief answers to a politician. As much as that may or not be true, what the police chief needs to do is answer to the people. If the civil system doesn't work and doesn't hear the needs of the people, there has to be a way to hear the people from the people and not have to wait until it trickles down through a court. He spoke about the power of an affidavit when people sign under witnesses and under penalties of perjury and speak their truth. You're going to be seeing a grand jury of the people. He stated the seventh amendment; when the people gather together, there's no higher court in the land than the voice of the people. If the police chief and people who represent us can be answerable to the people, not to politicians, not to big money, not to unions, not to any of these pressures, but the pressure of conscience, and the people. If the police can be answerable to people with skin in the game, he would feel so much more at peace. • Chris Hirose came before the commission. He thanked the commission for listening to them. He stated he sees a major apocalypse coming, where there will be food and energy shortages. He spoke about Bill Gates sponsoring Event 201 in October and stated they came out with a new one, a new tabletop exercise and there will be a new virus that targets children. He stated apocalypse means a lifting of the veil, there will be an awakening of the people. He wants to inspire the new chief to be like Vladimir Zelenko, who was an ordinary doctor who got a rare form of lung cancer. He searched for a cure, found it and it extended his life. When COVID came to New York, he searched for a cure and he found it. Dr. Zelenko found a substitute for hydroxychloroquine, which was quercetin. His lung cancer gave him the wisdom to look and the banning of hydroxychloroquine gave him the opportunity to look for an Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 4 alternative substitute. He did this despite death threats. He hopes the reason the commission is listening to them and the reason the police chief will be selected will be because he'll be an "ordinary one person who becomes great in the line of darkness." • Kimberly Hill came before the commission. She stated that she heard a lot this morning that was also on her heart to share. She stated she has documents that show that people are dying after the COVID vaccine and masks don't work. She wants the new police chief to know that these documents were sent by her and a group of people, hundreds of people who know this material, who are awake. They sent it to the mayor and governor, it's been sent to the entire government, the hospital director, businesses, to every public, private and charter school from here to Molokai. This information has been sent to everyone, to educate them. It was also sent to the ethics board. She stated that they have gotten no response to stop the vaccine. Her question for the new chief is, now that all this information has been submitted to you, what are you going to do about it? Are you going to be a lieutenant, a general, or a captain in Hitler's army that just says, "I'm following orders" or are you going to have the courage, character, and morals to stop this global genocide plan? She stated our children are being made sterile, miscarriages increased by over 1,000%, and stillborns are up by over 1,000%. Our entire next generation will be wiped out unless someone does something about this. With this information, what are you going to do? All this information was provided to many people in leadership in Hawaii and because it has, they are all complicit. She asked, do we need to bring in national attorneys, liberty counsel to come to Hawaii? Because that's the next step to hold all these people accountable for being complicit with murder. The death rate continues to rise all over the globe, not just in Hawaii, but it's higher here because more of our people took the vaccine than many states in the US because our people can't think for themselves. She further stated that we have a rotten education system that has made them slaves, so they're just going along with the status quo. APPROVAL OF MINUTES • Commissioner Robinson motioned to approve the regular and executive session minutes of November 3, 2022, Commissioner Sur seconded, with no discussion, it carried unanimously, and the minutes were approved. Vice Chair Brown stated the November 18, 2022 minutes will be approved at the next meeting. Recess was called at 9:47 a.m., the meeting reconvened at 9:58 a.m. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief Quiocho reported that up through November 30, 2022, there were 2,411 serious crimes. Of those serious crimes, the Area I and Area II Criminal Investigation Units investigated 287 of those cases. Of those cases 287 cases, 166 were investigated in Area I and 121 in Area II. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 5 • Calls for service: Assistant Chief Quiocho reported for the month of November 2022, the department received 9,350 calls, bringing the total calls for service for the fiscal year to 49,542. • Traffic Report: Assistant Chief Basque reported as of December 8, 2022, traffic crashes are at 382, compared to 348 last year. Traffic fatalities are at 13, compared to 13 last year. DUI arrests are at 380 compared to 395 last year. DUI arrests in November are 74 compared to 80 in October. For the month of November 2022, a total of 5,179 citations were issued, of that, 3,759 were issued for moving/regulatory, 342 for seat belts, 15 for child restraint and 1,063 were for speeding. Commissioner Toci wanted to know how much the community is participating in calling in and reporting reckless drivers. AC Basque stated it happens all the time, if units are available or in the area, they'll respond and most of the time they'll make contact with the drivers. Commissioner Robinson stated they previously spoke about figuring out traffic stats to see the difference between tourists compared to residents in our county. AC Basque stated that they're not able to identify through their system where the driver is from and are unable to create that report. He asked a TEU unit in AREA II to do a running tally and they came up with about 25% non-resident citations. AC Basque stated that it's a broad number, and they don't keep those statistics. Commissioner Quartararo asked when you exceed the speed limit, where's the flex in there? If the speed limit is posted at 55 and someone is going 60, are you ready to turn on the light and pull them over? AC Basque stated each officer has their own personal discretion. Technically, the speed limit is 55, and 56 is speeding. Commissioner Quartararo asked if there's a law stating if so many cars are behind you, you need to pull over and let other cars pass you. AC Basque stated if you're impeding traffic, yes. He believes but isn't too certain that if you're going 15 or below, but if you're going the speed limit and there are a lot of cars behind you, it's fine, it's up to you if you want to pull over or not. Commissioner Toci stated Saddle Road was made wider and safer, but crashes still occur and the issue is with speeding. She stated her husband experienced, even officers themselves coming up really close behind and making the driving conditions unsafe. She stated officers need to adhere to rules and safety too. If there's a need to get by then put on your sirens to create a safe passage, instead of making the drivers in front of you feel like they need to speed up or wondering what's going on. She stated unfortunately, Saddle continues to be a tragic place of accidents and everybody needs to adhere to the rules. Commissioner Sur stated he agrees with Commissioner Toci. He was coming back from a meeting one time and this 4Runner was passing a lot of cars, even on double Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 6 yellows. He didn't know what was going on, then eventually he pulled someone over. He wanted to know if officers can flash their lights without turning the sirens on. He asked if there was anything in the general orders. AC Basque stated if they're responding to a call or attempting to do a traffic stop, yes, they use their lights and sirens. Commissioner Quartararo asked if non-emergency vehicles (tow trucks) are allowed to drive with lights and flashing lights on if they're not going to an emergency. AC Basque stated yes, as long as it's not a blue light. Commissioner Quartararo stated he feels this is a problem and it isn't allowed in other places. Commissioner Sur stated orange is caution, an ambulance is red, and police are blue. For blue and red lights, he pulls over, but if it's a caution, he slows down and checks it out. He doesn't see this as being a problem unless you're not paying attention to the ambulance or police. Commissioner Robinson stated a vehicle rolled off the back of a tow truck once in front of him. Having orange lights flashing is good because it gives you a heads-up to be careful. Commissioner Quartararo stated that he agrees, but he sees tow trucks with their lights flashing without carrying a load. • Personnel Report: Assistant Chief Burian reported vacancies through December 14, 2022. There are 70 sworn vacancies in the field and 63 actual sworn positions unfilled. Police communication officer II positions; there are 31 filled, and 13 vacant. All 5 positions for police communication officer supervisor positions are filled. The department filled 421 out of 484 sworn positions (87%) and 126 out of 155 civilian positions (81.3%). • Recruitment Activities: The 94th recruit class was reallocated to PO II on November 1, 2022. One probationary appointment was extended for an officer, he was out on leave during his initial police officer I. It's been extended not to exceed March 22, 2023, pending no new extended absences. For the 95th recruit class, there are six in solo assignment training until December 15, 2022, they'll reallocate to PO II, effective December 16, 2022. The 96th recruit class has seven in academic training until December 31, 2022. This class initially started with 11 new hires on July 1, 2022. For the 97th recruit class, there are 27 applicants that remain, the class starts on January 17, 2023. They're looking at approximately 15 potential recruits from that recruitment. For the 98th recruit class, 38 applicants remain, they completed the agility, and they are currently going through the other portions of recruitment. Police officer III recruitment ran internally from September 11th to September 20th and 55 candidates have been referred for departmental screening to determine eligibility. The police lieutenant's written exam was on December 8th. The initial probation period was shortened on November 1, 2022, after SHOPO requested the cancelation of the supplemental agreement, which initially allowed an 18-month initial probation. Commissioner Robinson confirmed that HPD is short 13 communication officers. He asked if they were all located in Hilo or if they were spread between the two sides. AC Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 7 Burian stated that the dispatch center is in Hilo. Commissioner Robinson asked if they need to go through a recruit class. AC Burian stated they do have classroom training. One just started in November, there's a modified recruit class for this one person because they're so shorthanded. From the first day, they sat in the dispatch center with a trainer who was right next to them. They usually go through a recruit class, which is normally about two months and it can be split between classroom and in the dispatch center. Commissioner Robinson asked if they're considered sworn officers, and AC Burian stated no, they are not. They're looking towards reclassifying them as first responders eventually. That alone will give them more benefits and align closer to what they do. Commissioner Robinson asked if they also handle medical and fire calls. AC Burian explained that they screen the calls; if the caller needs fire or medics, the dispatcher transfers the call appropriately to fire dispatch. If they need police assistance, the call taker will continue with that call. • Finance: Assistant Chief Burian reported their overall targeted expenditures are at 40.01%, and the actual is at 39.52%. Targeted salaries and wages expenditures are at 45.83% and the actual is at 45.40%. Regular Salaries & wages 40.03%, Overtime 166.79%, and miscellaneous salaries & wages 65.88%. • Commendations: Acting Chief Bugado reported receiving seven commendations, in recognition of outstanding services, involving ten personnel since the last commission meeting. In addition to the commendations, several officers received some awards. ➢ Officer Robert Mckay Jr. currently assigned to the South Kohala district was recognized by the Hawaii Island Security and Safety Professionals Association as its officer for the third quarter of 2022. This was for his quick thinking and response that helped to save the lives of three people in two separate incidents. ➢ Sergeant Anson Caceres currently assigned to the South Kohala district was awarded on December 7th by the Kona Crime Prevention Committee as the officer of the month. This was for work he performed while assigned as a CIS detective in Area II. The detective's determination was an integral part of a murder investigation that ultimately resulted in the responsible person being charged with several counts of murder. ➢ Officer Jayce Carvalho currently a South Hilo patrol officer assigned to the Area I special enforcement unit was selected as the Aloha Exchange Club of East Hawaii Officer of the Month for November. He was selected for his persistence during separate investigations that resulted in the apprehension of two individuals who are convicted felons with a combined 163 arrests. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 8 • Other Department Activities: Acting Chief Kenneth Bugado reported for the last two weeks of the duration of the Mauna Loa eruption, HPD personnel participated by providing parking enforcement and traffic direction. Their involvement ended last night, as their services are no longer needed in the area. Officers from all three bureaus participated in this project and they were highly successful in ensuring that there were no incidents involving traffic accidents or any other incidents during those two weeks. Acting Chief Bugado also reported that on December 1st, HPD progressed onto the next phase of their body-worn camera project by equipping 40 patrol sergeants with body-worn cameras for use. So far, it's been going well. There was training leading up to this phase, it's been seamless Commissioner Sur stated there was a mess of misinformation regarding command centers. With the Mauna Loa eruption, he wanted to know if there was a command center up there rather than one in Hilo or Kona. Acting Chief Bugado explained that the Emergency Operations Center is located in Hilo. Commissioner Sur asked if there was a need to have a command center presence there. Acting Chief Bugado stated no, there was no need for that. Vice Chair Brown announced that they will be going into executive session soon, but they will be changing the agenda a bit. The unfinished business will be moved to after the executive session. The commission has complaints that they need to hear and resolve today. 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 Springer seconded, with no discussion, and it carried unanimously. Executive session convened at 10:28 a.m. Motion to reconvene open session made by Commissioner Sur, seconded by Commissioner Springer, with no discussion and it carried unanimously. Regular session reconvened at 12:26 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 22-48: Complainant alleges the officer was aggressive with his words. Commissioner Robinson made a motion to decline, there is insufficient evidence to prove the complainant's allegations. Seconded by Commissioner Toci, with no discussion, it carried unanimously, and the motion carried. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 9 ➢ HPC 22-44: Complainant alleges officers failed to file a violation of TRO report. Commissioner Toci made a motion to decline, there was insufficient evidence to prove the complainant's allegations. Seconded by Commissioner Robinson, with no discussion, it carried unanimously, and the motion carried. ➢ HPC 22-47: Complainant alleges that officers were unprofessional. Commissioner Springer motioned to decline, with insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Robinson, with no discussion, it carried unanimously, and the motion carried. ➢ HPC 22-50: Complainant alleges the officer was unprofessional. Commissioner Quartararo made a motion to decline, with insufficient evidence to prove the complainant's allegations. Seconded by Commissioner Robinson, Commissioner Toci stated that the body-worn camera footage helped with the outcome. No further discussion, it carried unanimously and the motion carried. ➢ Correspondence No. 22-10: Alleges the misinterpretation by Police Department employees of Chapter 92F, HRS (Uniform Information Practices Act). Vice Chair Brown stated the commission accepted this correspondence. UNFINISHED BUSINESS • Further consideration of the top candidates for police chief: Vice Chair Brown stated the commission has an important decision today and will be voting on the new police chief for Hawaii County. He reminded the commission that this vote does not just affect the four applicants, but it also affects the 450 or so employees of the department, also the residents and visitors to Hawaii County. He explained that this vote will be an open vote and the public will be able to see and hear what every commissioner has to say. He further stated that in order for this to be successful, for any candidate to be voted in as police chief, we need five votes, the majority. There have been some information and questions regarding the process of how they did this chief selection, but he can say that the commission feels it has been a sound, fair, and unbiased process. They remain confident that it was proper and correct and they can all stand behind that. He asked if his fellow commissioners have anything to say about the process or anything else regarding this matter. Commissioner Robinson stated that he believes the process was fair and performed as it should be. He further stated that the Department of Human Resources started the process, and the commission narrowed it down to four finalists, they had five, but one withdrew. He believes the process was very sound. Commissioner Lassiter stated working with these four candidates was really an education for the commission. You have four perfectly capable people to be the current chief, but there's no way you could have four chiefs. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 10 Commissioner Sur stated he agrees and feels the whole thing went well. It's easy for everybody on the outside to criticize, but he doesn't see them giving the commission any great suggestions. There's a lot of criticism, but no good suggestions. Commissioner Toci stated she's thankful for corporation counsel's guidance. She questioned herself if it was sound and she needed to reach out to check for herself, hear for herself, to see and read and make sure because she wouldn't want to continue if it wasn't sound. She came to the conclusion that the process was. She feels comfortable and she believes that they did it right and correctly. Commissioner Quartararo stated a lot of time and effort was put into this process. They learned a lot about issues and so forth. He's glad they had the process they had and he looks forward to concluding it and hopes they won't have to do this again for another 20 years. Commissioner Springer stated that she stands by the decision of the commission and sees the process as fair. She appreciates the input that they received from the public, letters of support, and even letters against. They tried to take everything into perspective and she thinks they did a good job going through this process. Commissioner Andrion stated he came into this process during the latter half, but when he came to the table, he saw that things were sound and proper. He applauds the process. He's thankful for corporation counsel and for the staff of the commission. This commission doesn't disregard the calls for transparency or a different way of doing things. He doesn't think there is a perfect process, but they will always work to improve the process as there will be another selection in the future. Vice Chair Brown asked if any other commissioner has anything else to share. Commissioner Toci stated that she took this very seriously. Looking at the totality of the years she's been a part of the commission, listening to the monthly reports, the grievances, reading, listening, and hearing feedback. She needed to reach out more, she put her number out there because she needed feedback. She stated there's a public piece that we need to address, but most importantly for her, she'll be coming in toward what she feels the department needs, such as reaching out to the officers because they know what's best needed for the department. She stated that she just wanted to put it out there and let everyone know that she feels like she did her due diligence in trying to obtain information from the department, to help her make a decision. VOTING FOR THE NEXT POLICE CHIEF • Vice Chair Brown announced that they will begin voting for the next chief of police and they will be doing this in alphabetical order. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 11 ➢ Vice Chair Brown asked for a motion to appoint Paul Applegate as police chief. Commissioner Quartararo made a motion placing Paul Applegate's name in nomination for police chief, seconded by Commissioner Lassiter. Discussion: Commissioner Andrion stated he was thankful that there were so many public testimonies in his favor, but will be withholding his support for him as chief at this time and will be supporting a different candidate. He would like to thank Captain Applegate and all four candidates. Each of them is a leader, and they've allowed their names and reputations to be put on the line and open to scrutiny. Each of these candidates made their case. o Ms. Correa called the vote. Commissioner Andrion: nay, Commissioner Quartararo: nay, Commissioner Robinson: nay, Commissioner Toci: nay, Commissioner Springer: nay, Commissioner Sur: nay, Commissioner Lassiter: nay, Vice Chair Brown: nay. The motion failed. ➢ Vice Chair Brown asked for a motion to appoint Sherry Bird as police chief. Commissioner Springer moved to appoint Sherry Bird as police chief, seconded by Commissioner Sur. Discussion: Commissioner Quartararo stated that he really appreciates someone who gets out there and does the work. Through discussions, interrogatories, interview questions, and so forth, it's clear that Major Bird is a hands-on person. There was some criticism and they addressed that. To him personally, that reflects there needs to be a little more experience and growth as far as Major Bird goes. His vote will not be for her, but he looks forward to seeing her role in her position and seeing her grow. Commissioner Toci stated she appreciates all the feedback regarding Major Bird and all her years of experience. There are a lot of officers that worked under her who appreciate her guidance and had good things to say. She believes she is a safe person and a person with integrity. Commissioner Sur stated unfortunately there was negative press about Major Bird, the majority of it being unfair from his own experience having worked in federal disaster teams. She had the most support from the community. He looks at patterns and trends, and he backs her. He's a planner and a thinker. He studies things before he makes decisions. He understands why the rank and file say that they want someone from the outside, to "clean up the table." He told the officers that he spoke to that they could be part of the problem too. He's known for having a big beef with lifted trucks in the State. He worked with the coroner's office a lot and lifted trucks have killed people, yet patrol lets them drive around all the time. He told the officers in patrol that they can criticize, but what are you doing about some of the problems we see around town? Most of the complaints they get are against patrol. It's easy to wipe the table off and try to start with someone new, but that could be a big problem. He stated that he is in support of Major Bird. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 12 Commissioner Lassiter stated the support that Major Bird received was overwhelming. She would be the first female chief in this county. She has worked on the island, she lives on the island, she knows most personnel by name, she's social, and she knows her job. She would recommend her and hopefully, it'll all go her way. Commissioner Andrion stated that he knows Major Bird has a lot of support and that he respects her. He mentioned scrutiny earlier, but she made her case and stood her ground. She had overwhelming testimony because she is doing her job well. He stated that he appreciates her, but will be withholding support for her and will be supporting Major Benjamin Moszkowicz because of his thorough response regarding protecting the rights of people, the Constitution, and the Bill of Rights. Commissioner Andrion quoted both candidates' responses to that question posed during the interview and stated that Major Moszkowicz stood out to him. Commissioner Andrion referred to when Major Moszkowicz spoke about appointing a deputy, he turned to Major Bird and pledged support for choosing someone in the department. He thinks Major Moszkowicz as chief and someone like Major Bird as deputy would serve the department well and it's the change that the department and the community are looking for. Commissioner Toci stated in reviewing the public testimonies, information she gathered, and her years on the board she feels the department really needs aggressive improvements. She doesn't know if Major Bird has what it takes to do that. This is not a popularity contest, this is about making great changes that our department needs, and the person in that seat needs to stand firm on kickbacks, and on their values and beliefs. She thinks they need a strong leader. Did she want to make history and have a female in that seat? Yes, most definitely. Is this the time for Major Bird? She's going to say no, maybe later. She feels that we need someone who won't be easily swayed and really sees what the department needs to improve. The department needs a fresh coat of paint (an analogy). In order for the public to be happy, the department itself internally needs that refreshed air in there. Morale needs to be built, we need to really support our officers. Are we getting that? She doesn't think so because we have people leaving. There are a lot of open vacancies, there are difficulties in retaining officers and we need to figure out how and why because something is going on. She stated she applauds and congratulates Major Bird for her outstanding leadership with the people she works with, who really like her. She feels we need someone in the department that can build a team and embrace and collaborate with the community, and have a partnership. o Ms. Correa called the vote. Commissioner Andrion: nay, Commissioner Quartararo: nay, Commissioner Robinson: nay, Commissioner Toci: nay, Commissioner Springer: nay, Commissioner Sur: aye, Commissioner Lassiter: aye, Vice Chair Brown: nay. The motion failed. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 13 ➢ Vice Chair Brown asked for a motion appointing Edward Ignacio as chief of police for Hawaii County. Commissioner Robinson made the motion to appoint Edward Ignacio, seconded by Commissioner Toci. Discussion: Commissioner Toci stated she appreciated all the candidates, but Mr. Ignacio stood out to her. He has diverse experience although he's been in the FBI for many years, he's a local boy who has his heart in the department. He has a wide range of experience in connecting with people and collaborating in the community. She believes he has the best interest of the department and the community. He can bring the department together in a manner where we will have boosted morale, we will have officers happy on the job. Commissioner Andrion stated that he went back to the interrogatories that the candidates answered. In making a decision, he's looking for someone that can give specific answers to questions and not generalities. Someone who can share a situation, a task, an action that they'll take, and the results that they anticipate. Commissioner Andrion read Mr. Ignacio's answers to questions in the interrogatory and read Major Moszkowicz's answers in comparison, and stated he's supporting Major Moszkowicz. Commissioner Quartararo echoed Commissioner Andrion's comments and stated he too will be supporting Major Moszkowicz. He's stated that he's been a political person through most of his adult life and has grown tired, especially in the last four or five years of the rhetoric that he's heard from the people trying to say the right things to please the right crowds at the right time. He heard Major Moszkowicz say a lot of the right things, and he stood a little in awe of how smooth he was with things, but he heard him speak to a number of issues and cut below that line of rhetoric and made it clear to him that he had a true understanding of what needs to be done. He feels the next police chief needs to be an advocate for the policing that needs to be done and for the citizens on this island. He feels confident that Major Moszkowicz is somebody who can go to our legislatures, both at the State and County level. We need a police chief who knows how to speak to the right people, in order to fund our department, the way it needs to be funded. He did have a concern about not having many letters of support for Major Moszkowicz, but yesterday or the day before he received the email with a whole lot of comments being made by those at the Honolulu Police Dept. when he had his name out there. He hopes we will be fortunate to have him as a true advocate for our police department, the rank and file, and the people of this island. Vice Chair Brown stated that Major Moszkowicz did say that it wasn't a popularity contest when he was asked about not receiving a whole lot of letters of support. In the last day or two, they received a lot of written support for him. o Ms. Correa called the vote. Commissioner Andrion: nay, Commissioner Quartararo: nay, Commissioner Robinson: nay, Commissioner Toci: aye, Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 14 Commissioner Springer: aye, Commissioner Sur: nay, Commissioner Lassiter: nay, Vice Chair Brown: nay. The motion failed. ➢ Vice Chair Brown asked for a motion appointing Benjamin Moszkowicz as chief of police for Hawaii County. Commissioner Robinson made a motion to appoint Benjamin Moszkowicz as police chief, seconded by Commissioner Andrion. Discussion: Commissioner Andrion stated the department would be fortunate to have Major Moszkowicz chosen as the chief of police. He shared that his two finalists were him and Major Bird. He stated the department would be served really well with a Chief Moszkowicz and a Deputy Chief Bird at the helm. Commissioner Toci stated she listened, read, and listened again. She saw a lot of "about me" attitude with Major Moszkowicz. He's very articulate, he has a lot of knowledge, and he speaks well, but is that what we need for our community? He does have some good qualities. She further stated Hawaii, the Big Island is different from Oahu. We could use some of that, but she's going to reserve Hawaii County for a Hawaii County Person. Commissioner Springer thanked all the applicants and stated that she agrees with Commissioner Toci. It's great that Major Moszkowicz came out as a strong leading candidate, she feels they all did. However, like Commissioner Toci, she thinks our island still needs to have someone from our island. She believes that Mr. Ignacio would be a good leader for our department. Commissioner Sur stated that Major Moszkowicz is a great speaker, but since he himself isn't a great speaker, he won't get swayed by that. He has hesitations, he got a little suspect, in terms of speaking well, but not having the clinical ability. He doesn't consider him getting a bunch of positive letters as stated earlier, he counted four or five. These letters came from people he worked with in different departments, it's a little different than letters coming from the public. He knows it's not a popularity contest, you don't go and beat the bushes like politics, but when your name is out there, people who respect you will send letters in and that didn't happen in terms of the general public. During the interview, he asked Major Moszkowicz a question about working on his Ph.D. His question was how will that work out with being a new chief, new island, new department? Mr. Moszkowicz stated that he might have to put it on hold. He didn't like that answer and feels it should be put on hold for at least two years. Commissioner Quartararo wanted to correct the record. He stated there was a number, close to 20 or more letters of endorsement that he read last night or this morning. Commissioners Sur and Springer stated that's incorrect, he might have received duplicates. Commissioner Quartararo stated he sees someone who is doing his job and always expanding his wealth of knowledge of things. Someone who knows who and where to look for answers to things. There are differences between the Island of Oahu and the Island of Hawaii, but he will catch up very Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 15 quickly with some of those differences. He feels he's bringing in a treasure chest of knowledge and ideas that he can apply that will work or need to be talked about on this island also. Commissioner Robinson stated that he was always a believer in promoting within and he always hated when someone would say "well, I came from California, or I came from Colorado and this is the way we do it there." That's a real turn-off for him. What Commissioner Toci said speaks to him about wanting someone from our island, that would be nice, someone who has roots in the community. But, he likes Major Moszkowicz because he gave him the impression that he's a real go-getter. He wants to get something done, he wants to make things happen. It would be a nice break for the department to have a new attitude and a new thought pattern, even though it's from Honolulu. Major Moszkowicz has lived in Hawaii for quite some time, so maybe he's got a little bit of indoctrination that way. Vice Chair Brown stated this whole process has been difficult. Personally, he had Major Moszkowicz, Mr. Ignacio, and Major Bird close in rank to whom he would like to see as chief of police. It was difficult to pick one, but he will be supporting Major Moszkowicz. o Ms. Correa called the vote: Commissioner Andrion: yay, Commissioner Quartararo: yay, Commissioner Robinson: yay, Commissioner Toci: nay, Commissioner Springer: nay, Commissioner Sur: nay, Commissioner Lassiter: nay, Vice Chair Brown yay. The motion failed with four ayes. Commissioner Andrion stated that he would like to make a motion that we take the top vote-getter for the selection of police chief. Vice Chair Brown stated that we need to have five votes. Commissioner Robinson said he would second it if we could do that. Commissioner Andrion withdrew the motion. EXECUTIVE SESSION Commissioner Toci motioned to go into executive session, to 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)(4) Commissioner Springer seconded, no discussion, and it carried unanimously. Executive session convened at 1:32 p.m. Motion to reconvene open session made by Commissioner Robinson, seconded by Commissioner Sur, with no discussion and it carried unanimously. Regular session reconvened at 2:29 p.m. ➢ Commissioner Robinson made a motion for a reconsideration of the vote for Major Moszkowicz, seconded by Commissioner Sur. Discussion: Commissioner Lassiter thanked Commissioner Robinson for making a motion for reconsideration. She stated that throughout this process, she favored Major Moszkowicz and Major Bird. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 16 Today she originally voted for Major Bird, helping to vote for the first female chief of police, but apparently, today is not that day. Commissioner Lassiter further stated she continues to be a big Major Moszkowicz supporter and would like to change her vote as she has full faith in his ability to serve as the next chief of police. She stated that no one has pushed her or tried to influence her in any way. Commissioner Robinson stated he would like to continue his support for him as well. He stated there are line officers and staff officers and he has been both. He understands the process, and how it works, and he'll be a good support for our team here. Commissioner Toci stated that she believes Edward Ignacio has the same capabilities as Major Moszkowicz, but Mr. Ignacio would be the better choice for our department. He knows our culture and knows the public, he's able to do similar things that Major Moszkowicz can do. She believes Mr. Ignacio has the ability and capability to bind the department together and bind that connection with the public and our county. She will remain firm with Mr. Ignacio. He has done more for our community with the memorial and softball for the officers, which is good for stress relief, we need encouragement for officers to get out there and be well, and have fun together. We need a chief who knows our people. o Ms. Correa called the vote for appointing Major Benjamin Moszkowicz as the next police chief: Commissioner Andrion: aye, Commissioner Quartararo: aye, Commissioner Robinson: aye, Commissioner Toci: nay, Commissioner Springer: nay, Commissioner Sur: nay, Commissioner Lassiter: aye, Vice Chair Brown: aye. Motion carried with five ayes. Vice Chair Brown announced that Major Benjamin Moszkowicz will be the next chief of police for Hawaii County. NEW BUSINESS • Nomination and vote for the chair and vice chair of the Hawaii County Police Commission. Commissioner Robinson made a motion to amend the agenda and place on the agenda the nomination for the Chair and Vice Chair of the Hawaii County Police Commission. Vice Chair Brown noted that the County Code states that the nomination should be held annually, every December. Commissioner Sur seconded. A two-thirds vote is needed to amend the agenda. ➢ Ms. Correa put the motion to amend the agenda to a vote: Commissioner Andrion: aye, Commissioner Quartararo: aye, Commissioner Robinson: aye, Commissioner Toci: aye, Commissioner Springer: aye, Commissioner Sur: aye, Commissioner Lassiter: aye, and Vice Chair Brown: aye. Motioned carried. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 17 Commissioner Robinson stated that Vice Chair Brown did an excellent job during this selection process and everything that went along with it. He knows that his term is ending, but could extend it for three months. He moved that Vice Chair Brown continues his term as chairman, not vice chairman for three months until a successor is appointed. Seconded by Commissioner Lassiter. Discussion: Commissioner Lassiter stated that he did an excellent job. She thanked him for keeping it together. No further discussion, it carried unanimously, no oppositions, motion carried. Commissioner Sur made a motion to nominate Commissioner Robinson as vice chair, seconded by Commissioner Lassiter. Discussion: Commissioner Andrion said that he thinks given the recent decision they just made, it would be good to have Commissioner Toci as vice chair to complement and contrast the ideas, especially if the commission is in charge of keeping the chief accountable. He appreciates Commissioner Toci's constructive criticism of each of the candidates. She could be influential as vice chair in helping keep the chief accountable moving forward. He will support Commissioner Robinson as vice chair, but if Commissioner Toci would accept, it would be another option for them. Vice Chair Brown stated the motion on the floor was made to appoint Commissioner Robinson as vice chair for the Hawaii County Police Commission and asked for a vote. ➢ Ms. Correa called the nomination for Commissioner Robinson as vice chair to a vote: Commissioner Andrion: nay, Commissioner Quartararo: nay, Commissioner Toci: nay, Commissioner Springer: nay, Commissioner Sur: aye, Commissioner Lassiter: aye, Chair Brown: aye. The motion failed. Commissioner Quartararo moved to nominate Commissioner Toci as vice chair, seconded by Commissioner Springer, with no discussion. Ms. Correa attempted to call the vote, but Commissioner Andrion lost connection and was not able to be raised via Zoom. Recess was called at 2:40 p.m., the meeting reconvened at 2:44 p.m. Commissioner Sur wanted to know if he could find out the attendance records for the two commissioners elected as vice chair. He stated he thinks that he missed one meeting. He wants to know who else is showing up to these meetings. He made a commitment and he expects the same from everyone, even though they are volunteers. He further stated that It's been a problem sometimes when people don't show up to meetings. Ms. Correa stated she can provide that to him, but it will take a while. Commissioner Sur stated that's ok, next year. ➢ Ms. Correa called the vote for Commissioner Toci as vice chair: Commissioner Andrion: aye, Commissioner Quartararo: aye, Commissioner Robinson: aye, Commissioner Springer: aye, Commissioner Sur: nay, Commissioner Lassiter: aye. The motion carried. Chair Brown thanked everyone for their patience being here three times this week. Hawaii Police Commission Regular Session Minutes December 16, 2022 Page 18 ANNOUNCEMENTS Chair Brown announced the next regular meeting is scheduled for January 20, 2023, at 9:00 a.m., in the West Hawaii Civic Center, Building G Conference Room, Ane Keohokalole Highway, Kailua-Kona, Hawaii. ADJOURNMENT Chair Brown adjourned the meeting at 2:50 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: THOMAS BROWN, CHAIR