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HomeMy WebLinkAbout2022-12-29 Police Commission Regular Minutes HAWAII POLICE COMMISSION SPECIAL MEETING MINUTES DECEMBER 29, 2022 PUNA CONFERENCE ROOM 25 AUPUNI STREET., SUITE #1501, HILO, HI CALL TO ORDER AND ROLL CALL Chair Brown called the meeting to order at 10:15 a.m. Present: Thomas Brown, Chair Denby Toci, Vice Chair Pudding Lassiter, Commissioner Anthony Sur, Commissioner Via Zoom: Dylan Andrion, Commissioner John Bertsch, Commissioner Rick Robinson, Commissioner Rod Quartararo, Commissioner Donna Springer, Commissioner A quorum was present. Also present: Andrew Burian, Assistant Chief Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS • Richard David Hemsley provided testimony via Zoom. He thanked the commission for their service and stated that he is impressed by the commission's selection of the new chief. He further stated that since he moved here, on August 21st, he has had three isolated incidents with officers who don't know what due process is, nor do lieutenants or sergeants. He stated they are officers of the court, as they scour the streets and attempt to create criminals of everyone they encounter. They're educated with their months of training before being unleashed to the public, hungry to meet their daily demands to write citations. Mr. Hemsley further stated that he hopes to get a response by the end of the week to the letter he sent the commission, dated December 7th, at 10:24 a.m., which is nearly identical to the letter that Acting Chief Bugado received. He stated let us consider logic and common sense in saving grace for the community at large, not to mention the Liability Insurance and impact on officers' jackets. The balance is racking up at $1.5 million per day, per Trezevant v. the City of Tampa it is $1,087 per minute for a false arrest. He stated the continued unlawful detainment of the automobile which was removed from his possession violated private trust contracts. He hopes that the new temporary acting chief will set the stage for and assist Chief Moszkowicz in correcting the errors of our day. He stated he hopes that the future is set for a bright future of mutual respect between the department and the community. • Roger Christie came before the commission. He stated that he is very supportive of this department. He feels the department would be greater if it solves what they call the Hawaii Police Commission Special Meeting Minutes December 29, 2022 Page 2 crime of COVID. He referred to Pfizer's hidden adverse events and side effects and stated that he's concerned about half-page ads now in the Tribune-Herald, which says pediatric cardiology is a new thing. He's concerned because Pfizer knows that heart attacks are very possible. He feels that we, as a country and as a county have failed the constitutional test in the last two years. We found out how easy it is to control people with fear. Fortunately, we have the bill of rights in the Constitution to guide us into the future. Our founders who went through that 1776 success, found out that they could be against the global superpower of its day. He would like us to win against this global power, which is coming our way. He stated it's coming on May 6t", because May 6, 2023, is the day King Charles is going to be anointed and crowned lord and king of the world, it's called Operation Golden Orb. Mr. Christie stated he has a dream, an intention, and a goal, it's like the surfer. There's a broken windows concept of policing, he's going to interject that there is a surfer concept of policing and that's a big wave that's nasty and it's coming your way. How do you deal with it? He explained that you dive headfirst into it, just straight as an arrow that rolls over the top of you and you can move through it. That's what this department can teach CALEA, the organization that accredits all police departments around the country. He further stated we can teach all of them and we should, because we're going to lose our freedoms here, as we did for the last two years. NEW BUSINESS Chair Brown explained that the general orders spell out a succession plan and we need to do everything by the book. He requested a motion to appoint a temporary acting police chief until the time that Benjamin Moszkowicz is officially the police chief for Hawaii County. Commissioner Bertsch made a motion to appoint Assistant Chief Burian as acting police chief until Chief Moszkowicz is fully entitled to the position, seconded by Commissioner Lassiter. Commissioner Sur stated it was mentioned that he would start on January 17tn he asked if that was firm or if it was flexible. DCC Frenz recommended leaving the motion as it currently stands, which is not very definitive and firm. Her understanding is the new chief will begin on January 17t". Should that for whatever reason change, the temporary appointment of AC Burian will remain in place if that were to change. She further explained that the Police Department has a very specific succession plan that leaves AC Burian the next in line to cover in the event that there is an absence of either the chief or deputy chief. There is a general order within the Police Department that covers this very situation. The reason this commission needed to hold this special meeting is because this isn't a temporary absence, Acting Chief Bugado is retiring as of December 30, 2022, close of business. AC Burian would be acting chief until the new chief begins, presumably, as it's currently scheduled to be January 17, 2023. There was no further discussion, all were in favor, and the motion carried. AC Burian thanked the commission for their support and trust. He noted that this is part of their general orders, and this is nothing unusual. He stated that he wants Chief Moszkowicz to feel welcomed and he wants him to have the best-qualified deputy chief, Hawaii Police Commission Special Meeting Minutes December 29, 2022 Page 3 someone who will continue to move the department forward. He explained that if the chief were to appoint someone that is the rank of captain and above, they would take a pay cut to do that. He stated he knows it's not their decision, but encouraged the commission to work with the mayor and the salary commission. He explained that the salaries of officers are determined by their contract, collective bargaining, which was determined by an arbitrator and the chief and deputy chief's salaries should be increased. Commissioner Sur clarified that the salary commission sets the salaries for the chief and the deputy. AC Burian stated that's correct and explained that they don't get overtime, that is their salary. Commissioner Bertsch thanked AC Burian for stepping up and taking the position. He stated they tried to expedite the process the best that they could. He's proud of the commission and the selection that they've done. He said if there's anything they can do while he's assuming this role, they all stand ready to support him. With regards to the salary commission, he explained that was on their horizons and they understand that's a mission they need to undertake and it's long overdue. It's his understanding that the salary commission hasn't had a quorum for a year because they don't have enough members. It was a question prior to the selection of the chief and they hope they can make some strategic changes. Chair Brown thanked Roger Christie for writing a nice letter to the editor of the Tribune- Herald, which was in yesterday's paper. Mr. Christie wrote about the hearings during the selection process. In this letter, he stated as far as the commission was concerned, the people, not just him, but friends of his who attended felt that they were respected and heard. In the letter, he also mentioned that the hearings seemed open, fair, and small-town friendly. ANNOUNCEMENTS Vice Chair Brown announced the next meeting is scheduled for Friday, January 20, 2023, at 9:00 a.m., at the West Hawaii Civic Center, Building G Conference Room. 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI. Commissioner Springer stated that someone asked her if the meetings in Kona would be made available via Zoom. She wasn't sure if they would be continuing to use Zoom or not. Ms. Correa stated to her understanding, they were providing Zoom during the chief selection process. So, for 2023, she scheduled all the meetings in the conference rooms, at the original locations. Commissioner Springer stated she advised them that they were using Zoom primarily because of the chief selection. Chair Brown stated they would first have to check to see if the County Council Chambers are available on those days. He asked if the commission would want to hold their meetings in Council Chambers, to be able to provide meetings via Zoom. Chair Bertsch stated what we experienced this morning shows the impracticality and challenges that they have. He Hawaii Police Commission Special Meeting Minutes December 29, 2022 Page 4 knows we're moving into 2023, but it's the County IT Department that has the troubles. The only way they could do Zoom meetings was through using the County Council Chambers, which has the infrastructure that allows them to do so. He explained that both of those rooms are in high demand, and it's very difficult for them to calendar meetings. He stated it's up to the chair, if it's something we've grown accustomed to, we could continue with Zoom, it just means it'll be a bit more arduous in facilitation because we don't have the infrastructure, the rooms, and the cameras to be able to manage that. It is doable, but it could be problematic. There are other pitfalls as well, for example, if a commissioner's connection goes down, corporation counsel may be able to weigh in on this, but to his understanding, after a certain amount of time, we would have to call the whole meeting and reschedule. Chair Brown stated that's correct, he believes they would have 30 minutes. Commissioner Quartararo said to encourage public participation we have to find a way to make Zoom available. Encouraging public participation on an island this big is a very difficult thing. He stated this needs to become a priority. As long as we're going to be governing an island bigger than Rhode Island, we've got to come up with solutions as far as getting our technology going the right way. Chair Brown stated they will keep their next meeting in the conference room at the West Hawaii Civic Center. However, when Ms. Correa gets off vacation, which she is currently on, and comes back to work officially next week, he will be in contact with her to figure something out. Commissioner Quartararo stated they need to "burn the ears" of their council representatives and let them know this needs to be a high priority. He thinks the lack of volunteers that serve the various boards and commissions throughout our island reflects the need to reach out and get more participation. John Erickson came before the commission. He stated he feels it's important that the commission broadcasts its meetings via Zoom to make it available for the concerned citizens of this democratic process. He stated we use a Zoom product, but Zoom is owned by the Chinese, they monitor people and record everything. He doesn't think County and State information should be placed in the hands of those that hate us. He suggested if you're going to re-engineer this wheel, there are other platforms available. ANNOUNCEMENTS Chair Brown announced that the next meeting is scheduled for Friday, January 20, 2023, at 9:00 a.m., at the West Hawaii Civic Center, Building G Conference Room. 74-5044 Ane Keohokalole Highway, Kailua-Kona, HI. ADJOURNMENT The meeting adjourned at 10:45 a.m. Hawaii Police Commission Special Meeting Minutes December 29, 2022 Page 5 SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: THOMAS BROWN, CHAIR