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HomeMy WebLinkAbout2023-02-17 Police Commission Regular MinutesHAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 17, 2023 AUPUNI CENTER CONFERENCE ROOM 101 PAUAHI STREET, HILO, HAWAII CALL TO ORDER AND ROLL CALL Chair Brown called the meeting to order at 9:00 a.m. Present: Thomas Brown, Chair Denby Toci, Vice Chair Dylan Andrion, Commissioner Pudding Lassiter, Commissioner Rick Robinson, Commissioner Donna Springer, Commissioner Anthony Sur, Commissioner Absent: John Bertsch, Commissioner Rod Quartararo, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Chad Basque, Assistant Chief Andrew Burian, Assistant Chief Kenneth Quiocho, Assistant Chief Frank Mohica, Detective Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Gene Tamashiro came before the commission and stated he's looking for unity amongst all people on this soil. He says he's not an American, he was born in an occupied country and he is in the full process of adjuration from the occupying corporations, the State of Hawaii included. Chair Brown asked Mr. Tamashiro what item on the agenda he was speaking on. Mr. Tamashiro stated that he is talking about safety and that Chief Moszkowicz said the most important thing the police do is make sure the people feel safe. Mr. Tamashiro stated that the people do not feel safe, not so much because their neighbor is being stressed out by inflation, homelessness, and the violence occurring. Hawaii is an occupied country and people who have pledged an oath to serve and protect the public are failing in big ways. The biggest danger that we face is not from our disgruntled neighbors and strangers in our community. The greatest danger that we face is the treason that has been embedded in our government. A lot of people are ignoring the bottom line, this is an occupied country. If people honored their oaths to the United States Constitution we would begin the process of restoring pono in Hawaii. He sent a Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 2 resolution to all County Council members, a resolution that will confirm Hawaii's true status so that Hawaiians are not persecuted in their own country. He stated they will be seeing Judge Laubach at 10:00 this morning and he will prove that they are not getting their substantive due process rights and full disclosure. Commissioners Andrion and Lassiter arrived at 9:05 a.m. Andrew Cabebe Kaninau came before the commission. He stated what was happening on Kauai is not right. People are sick there, it came to Kauai on a boat and we're learning every day how we're going to get by. Mr. Kaninau stated his people are being killed and the whole world is suffering today. When he goes back to Kauai, he's going to show and tell everyone what's happening here. He explained that he almost died from a shot his doctor gave him. Alohalani Hope Cermelj came before the commission. She stated that she spoke to the chief about training and he will report on that later today. She explained that her hanai son was issued an infraction by two officers at the Hilo Public Library. The officers were compassionate and explained to him that they were sorry, but they had to. Her hanai son was attempting to stop the library from renting out a pornographic book to a six - year -old without parental consent. They are going to court regarding this and will also go to the legislature. The book was called "Let's Talk About It." Ms. Cermelj explained that in this book, you can find genitalia, info on how to be transgender, etc. there are 40 of these books, CDs, and magazines. She stated that she understands freedom of speech, but not to children, parents need to consent. Joanna Pike came before the commission. She read aloud 1 Corinthians 13:4-8, Love is patient, love is kind. It does not envy, it does not boast, it is not proud... She stated this land is not the land of the United States, it's the land of the people. There are houseless people all over the place that she helps to feed. She asked everyone to work with her, she asks that they all work together through all these situations and love the way they're supposed to love. She asked the commission about their roles. Chair Brown explained that the Police Commission is appointed by the Mayor, and confirmed by the County Council, and there's one commissioner per council district. He further explained that they are all volunteers. She asked the commission why she was there today. Chair Brown advised her that he can't answer that for her. She asked what actions will the commission take with her comments today. Chair Brown stated they will share them with the chief. Ms. Pike further questioned the commission's duties and authority. He explained that the commission appoints the police chief, but they are not involved in the daily operations of the Police Department, the chief is in charge. Chair Brown advised her that the powers and duties of the Police Commission are in the County Charter. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 3 Jade McGaff came before the commission. She stated our people are sick. Masks, lockdowns, quarantines, and losing middle-class businesses are not healthy for the people. She stated it's her God-given right to have an elected sheriff, not an appointed sheriff. Someone who represents the voice of the people. Having an elected sheriff is the next thing on their agenda and they will have one. She stated this sacred land is called Hawaii. She takes care of this land, she loves this land, nurtures this land, and she thinks that means she's Hawaiian. Ms. McGaff stated we have the same blood and it's time for us to come together and not be divided. Dan Hahn came before the commission and stated he is a part of the Hawaii County General Jural Assembly. He stated they have assembled and have been doing investigations for common law grand juries. He asked the police chief if he received their obligatory notice. The chief advised him this was his opportunity to provide testimony and Chair Brown advised Mr. Hahn to address the commission. Mr. Hahn continued to address the chief. He was advised that this is a Police Commission Meeting, and he was there to speak to the commission. He read aloud this document, which he states is based on self-evident God-given rights. DCC Frenz joined the meeting at 9:33 a.m. • Maluhia Mauna came before the commission and spoke about the women's shelter and human trafficking. She asked if there is any structure in place for these women to go to be safe from being hounded. She stated this needs to be addressed immediately. Recess was called at 9:36 a.m., the meeting reconvened at 9:48 a.m. Jordan Bever came before the commission to discuss family court. She stated that she has been involved with the family court system and hasn't been able to address the judge. Chair Brown turned this over to Corp Counsel. DCC Frenz stated for public testimony purposes, you need to be testifying on a specific agenda item. The Police Commission under the Hawaii County Charter does not have jurisdiction over family court, which is a state agency. She further stated if you have a concern about a judge, there are separate mechanisms that she could utilize to submit a concern or complaint, but it wouldn't be here. Ms. Bever asked if she were to go into a police station to file a TRO... DCC Frenz stated she wouldn't file a TRO at the police station, she could go to Child and Family Services, or file it at court, and she would make police reports at the police station. Ms. Bever stated she went to the police station and said her son was stolen from her. She asked why are the police not assisting her with the return of her son. DCC Frenz advised her if she has a complaint against the officer that worked with her, she could make a complaint against that specific police officer. Ms. Bever stated she has a list of officers. Ms. Bever was advised she could make a complaint using the required paperwork. There is a formal process and speaking generally here doesn't cover an agenda item, which is what public testimony is for. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 4 APPROVAL OF MINUTES • Vice Chair Toci motioned to approve the regular and executive session minutes for December 16, 2022. Seconded by Commissioner Springer, with no discussion, it carried unanimously, and the minutes were approved. • Commissioner Springer motioned to approve the regular session minutes for December 29, 2022. Seconded by Commissioner Lassiter, with no discussion, it carried unanimously, and the minutes were approved. • Commissioner Springer motioned to approve the regular and executive session minutes for January 20, 2023. Seconded by Commissioner Lassiter, with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief Quiocho reported through January 31, 2023, there were 3,401 serious crimes. The Area I and Area II Criminal Investigation units investigated 434 of those cases: 260 in Area I and 174 in Area II. • Calls for Service: AC Quiocho reported for the month of January 2023, the department received 11,556 calls for service, bringing the total fiscal year to date to 71,689. Traffic Report: Assistant Chief Basque reported that as of February 14, 2023, for fiscal year 22-23, traffic crashes are at 541, compared to 487 last year. Traffic fatalities are at 17 compared to 20 last year. DUI fatality count is at 7 compared to 13 last year. DUI arrests for the year are at 564, compared to 583 last year. DUI arrests for the month of January 2023 are 102, compared to 82 in December. For the month of January 2023, a total of 5,169 citations were issued: 3,459 for moving/regulatory, 379 for seat belts, 19 for child restraint, and 1,312 for speeding. Commissioner Springer asked if there was a follow-up press release identifying the victim in the fatality that occurred on January 14th in Puna. AC Quiocho stated he believed there was a media release with the victim's name and directed her to the department's website, www.hawaiipolice.com, go to media releases, archives, and the particular month. Personnel Report: Assistant Chief Burian reported as of February 15, 2023, sworn police vacancies are at 74 in the field, and 15 in the pipeline which puts them at 59 actual positions unfilled. There are 31 filled Police Communication Officer II positions and 13 vacant. HPD has four Supervising Police Communication Officer positions filled and one vacant. Total sworn positions 425 filled out of 484 (88%). Total civilian positions 124 out of 155 (80%). Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 5 Recruitment activities: Assistant Chief Burian reported the 96t" recruit class is in field training until April 31, 2023. One officer recently resigned, this officer was having difficulties during field training and made the decision to resign. Everyone else is on track and is doing well. The 971" recruit class has a total of eight in class, one recruit resigned this month. When they did the exit interview, she admitted that she wasn't prepared physically and mentally and hoped to prepare herself more in the future and reapply later. As reported previously, it's a low recruitment. Currently, 18 people completed the PHQ (personal history questionnaire). The projected start date for the next recruit class is June 16, 2023. Recruitment just closed, and agility is scheduled, depending on that, they might incorporate that into one class, depending on the numbers. Recruitments for PO III, Lieutenant, Captain, and Major have all been completed, interviews are pending. Commissioner Robinson asked if there has been any further thought about having a class in West Hawaii. AC Burian stated they have not had any serious discussions on that. The primary reason is due to their training staff. There are three members of the training staff and pursuant to the collective bargaining agreement, they have to designate where they're assigned and they are all assigned to Hilo. The commute for them would take three hours off their day, either that or they would be paying overtime. The same is for dispatch, the center is located in Hilo, however, there are other civilian positions open in Kona. Finance: Assistant Chief Burian reported their target overall expenditures is 58.33%, and they are currently at 53.52%. The targeted salary expenditure is 62.5%, actual is 61.79%. Regular salaries and wages 54.5%, Overtime 227.03% (due to shortages), and miscellaneous salaries and wages 88.19%. Commendations: Chief Moszkowicz reported on commendations received: ➢ The U.S. Department of State, Diplomatic Security Service, Resident Agent -in - Charge Shawn Gray commended Sergeant Aaron Carvalho and the Special Response Team for their protective security and liaison support during a recent visit of the U.S. Ambassador to the United Nations. ➢ Ms. Danielle Tanksley commended Hilo officers whom she had several opportunities to witness their kindness, respectfulness, and helpfulness. Chair Brown asked about his commendation. ➢ Chief Moszkowicz stated that someone expressed appreciation to him for keeping his word on public transparency. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 6 ➢ Mr. and Mrs. Chuck and Courtney O'Daniel of Rohnert Park, California, commended Officer Ellsworth Fontes for his assistance in changing their tire when they did not feel safe getting out in the dark to change it. ➢ Mr. Eric Caldeira expressed appreciation to Officer Keaolapule Fessenden- Grace for his actions and for being "spot on with his duties" when Mr. Caldeira was arrested after an auto accident. ➢ Ms. Chelsea Jensen commended Sergeant Bradden Kimura and Officer Kenneth Walker for listening, caring, and providing assistance when she couldn't find her fiance. ➢ Mr. Albert Shiotsuka expressed appreciation to the Area II Vice Office, Lieutenant Edwin Buyten, Detectives Elarionoff, Hookano, Kobayashi and several officers who helped with a recent investigation to combat a drug disruption in their neighborhood. ➢ Mr. Terry Brickner commended Officer Dwight Walker for being likeable, and competent, and trying to make a difference regarding illegal dumping in their area. ➢ Mr. and Mrs. Bill and Lani Petrie expressed appreciation to Captain Edmoundson and Officers Ross, Gani, and Takata for their efforts with illegal hunters on their property. Chief Moszkowicz stated in addition to commendations received, he attended three other ceremonies over the last month in recognition of officers. ➢ On January 21, Officer Mark Kaili, responded to a report of a 48-year-old male who had overdosed on fentanyl. When he got there, someone else was proving first aid, he helped provide CPR, used his AED, and administered Narcan. They were able to maintain the patient long enough for HFD to get there. HFD wrote back, crediting Officer Kaili's quick response, the AED and Narcan saved his life. ➢ On February 1st he attended the Kona Crime Prevention Committee meeting, where they honored Officer Alysa Gamache as their officer of the month. She investigated credit card fraud, went above and beyond, and was able to ID the male suspect who was later apprehended. ➢ Last Friday he attended the Hawaii Island Security and Safety Professionals Association meeting where they honored Chelsea Heidenfeldt as their officer of the quarter for her investigation in an assault case. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 7 Other Department Activities & Updates: Chief Moszkowicz reported that they're currently working on an intern program. He met with DHR this week to discuss converting the vacant position numbers into contracts. He also spoke with DHR about offering a continuous recruitment process. Logistics for administering civil service tests were also discussed with DHR. He also reported that one of his five priorities was the creation of a DROP program, and he had some preliminary discussions with legislation. Chief Moszkowicz reported there were two officer -involved shootings. The first one was on Saturday, January 28, 2023, in the Pahala area. Officers were at the scene to serve a restraining order to a male who was not at home. While they were waiting, they heard dogs barking in the residence. As they turned to leave, the dogs exited the house, four to five large pit bulls leave the house, and ran past the first officer going directly to the second officer where they start jumping. This all happened quickly, within a second or two, one of them jumped up and snapped his jaw at the officer. The officer in fear for his life retreated as much as he could and fired one round which strikes the dog and the dog died at the scene. On Monday they issued a statement and press releases and by Tuesday they released redacted body -worn camera footage from one of the officers. Body cam footage from the other officer does not exist, they released all the body camera footage that they have. Commissioner Lassiter asked if the owners of the dogs were cited for vicious dogs. Chief Moszkowicz stated two investigations were initiated. One is a criminal investigation into the fact that the dog was loose. The other investigation is an administrative investigation that looks at whether or not the officers followed policy and general orders. Both investigations are currently ongoing and he doesn't know its status. Commissioner Sur stated common sense is not to let your dogs out, especially if they're big and somewhat aggressive. You would really need to know dogs to see a pack of five dogs coming after you to really understand if they're going to bite you or not. He gave credit to both officers. Chief stated if they can develop some sort of curriculum for the officers about animal behavior and things to look for, it could potentially prevent future tragedies. He also stated the officer feels really bad, he didn't mean to kill the dog. He felt his life was in danger and that's the decision he made. Any other training they can provide will only help make that decision better in the future. The second officer -involved shooting occurred on Friday, February 3, 2023. The officers were responding to a vehicle theft, which later turned out to be a robbery. Officers on the scene got a suspect description and broadcast it. Other officers in the neighborhood see a person who matches the suspect's description in the same neighborhood, and they attempted to detain the potential suspect to talk to him. The suspect fled, as he was running away he pulled out what appeared to be a handgun from his waist, turned to the officers, and ignored the officers' commands to stop. As a result, one of the officers fired two shots from his handgun, hitting the suspect in his Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 8 shoulder. In the process of him getting hit, the weapon dropped onto the roadway. Officers provided immediate first aid. Body -worn camera footage was released and it shows the officers basically doing triage in the field. It turned out that the weapon recovered wasn't a fully functioning firearm, at the time there was zero chance that anyone would know that. The suspect was hospitalized for a total of four hours and is expected to fully recover. In the meantime, during the 48-hour window, they were able to confer charges, which got accepted for terroristic threatening, robbery, unauthorized control of a propelled vehicle, and several other charges. This occurred on Friday around noon, by Friday evening he was able to give a statement to TV stations and by the following Tuesday they were able to release redacted body cam and surveillance footage they were able to recover. The body cam captured the immediate after-effects. They felt even though they didn't have the shooting recorded, there was still an important story to tell for what they could release. Commissioner Lassiter asked if officers are instructed to activate their body -worn cameras immediately upon arriving on the scene or wait. Chief Moszkowicz stated the training and policy aren't as clear as what she just said. The policy states if you are sent to a scene, you have to activate it before you arrive or once you arrive, before you exit your car. It's a little contradictory and there were some other concerns regarding the body cam policy. They convened yesterday, a fairly large working group of 18-20 of them. He asked for people from both areas; at least a captain, sergeant, officer, and investigator from each area because they're using the cameras every day. He felt it was important to get input from people who are using it every day; to talk about the challenges, and to see if they're following what the policy says, or do they need to change the policy. There was also personnel from BWC, administration, and several people from SHOPO, including the business agent. They reviewed the policy and received a lot of suggestions. Commissioner Toci wanted to know what happened to the officers after these incidents. She asked what are the procedures and if they were put on administrative leave. Chief Moszkowicz explained one officer involved fired two shots, their policy allows for administrative leave for the officer. The point of administrative leave is not to punish the officer or to keep them away. It's to allow them time to recuperate from a traumatic event and to get mental, physical, or spiritual recuperation time away from work. There's also a psychological wellness check that's conducted by a medical professional. Administrative leave is also offered to other officers who were at the scene and were impacted by the critical incident. Commissioner Toci asked if the offering of support is internal from the department or do they have to seek their own. Chief Moszkowicz stated it's internal, they're given information on different resources that are provided and available. Chair Brown thanked Chief Moszkowicz for his transparency, not just with the public but with the Police Commission. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 9 Chief Moszkowicz reported they are in the middle of their public outreach period, which is a CALEA proof and they appreciate the feedback. The community satisfaction survey is available throughout the whole month, he invited everyone to complete the survey and asked everyone to tell others to complete the survey, he wants as much feedback from the community as possible. During the last cycle, 1,024 people completed the survey. He is hoping that number doubles, they are currently at 1,400. Chief Moszkowicz reported that they have an upcoming use of force policy revision to overhaul, update and modernize the training. In January 2024 they will launch a department -wide use of force revision in -person training. This year, they already started doing first aid, CPR, and AED training. HFD is working with them to get personnel certified to become trainers. Once they start the department -wide cycle, they'll roll the first aid, CPR, and AED training in with something else, which is still being developed. They're looking at an emergency vehicle course, traffic stop tactics, and police officer survival tactic training. He did a review of their online courses. They completed 160 total different courses during the fiscal year, everything from scene tracking for canines, taser updates, traffic safety training, etc. All courses are managed and tracked online. Of those 160 courses, there are 18 that are required annually for all personnel. The University of Tennessee has a federal grant that allows them to travel to different places to offer in -person training. They're currently in communication with them to hopefully by the end of this fiscal year, have them here to conduct front-line leadership training, advance leadership training, and de-escalation training. This would be free, the travel, instructors, and curriculum are provided through this grant. Commissioner Sur wanted to know who created the firearm proficiency test and had other concerns regarding registration. He said he'll send a request to the chief in writing. CORRESPONDENCE • Correspondence No. 23-03: Roger Christie expressed his opinion on marijuana prohibition. Mr. Christie came before the commission he stated his purpose today is to encourage HPD to support the end of marijuana prohibition and take a more constitutional and enlightened look at the plant and at the people who use it. He would like to see an apology from HPD for the harm that's been done by carrying out the legislature's wrongheaded approach to prohibition. He looks forward to the day the police chief supports the adult use of cannabis for constitutional purposes on letterhead to the legislature, hopefully, this session. Every year legalization comes up at the legislature, all the chiefs of police around the islands submit a letter and he's only seen it denying legalization for adult use. He would like to see a change this year. In 2006 he created Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 10 a county initiative, got on the ballot in 2008 and they won the election here. He referenced his archives, an article from 1987 in the Honolulu Advertiser "Marijuana use championed at Big Isle Council hearing; raids called war on people", and an internal police document showing the State of Hawaii and County of Hawaii eradication numbers and the value of the plants that were taken in 1986-1989. He stated that he got here in 1986 when it was wonderful happy days. There was almost no meth and very little crime. The county parks were open 24 hours, and there were no yellow gates, that came after eradication, it was called "operation wipeout." Mr. Christie also referenced an article that states cannabis is a great substitute for hard drugs and another study that has shown cannabis is associated with reduced fentanyl exposure. His contention is that if marijuana eradication caused the conditions for meth and crime here, which has been proven, it has caused great damage and it continues today. He thinks it's time to back out of cannabis prohibition and he hopes a more constitutional and enlightened policy is forthcoming from the administration at HPD. Chair Brown stated Mr. Christie doesn't just talk the talk, he walks the walk. He served time for his beliefs when he could've easily dropped what he was doing, but he kept at it. Whether we agree with him or not, Mr. Christie has his respect for sticking to his beliefs and he appreciates and respects that. Mr. Christie stated he and his wife spent time in high -security federal detentions with no bail on a first offense, there were no victims and no violence. His dad taught him to never complain. He was treated poorly, but it's part of the game of life and is happy to be here today. He expressed his appreciation for the commission and the system of government. UNFINISHED BUSINESS Discussion regarding having online access/participation in Police Commission meetings. Chair Brown stated Commissioner Quartararo requested this. Commissioner Springer stated there had been inquiries from the public if the commission would continue using Zoom. Chair Brown stated Ms. Correa may have some input on this. Ms. Correa stated she reserved Council Chambers for the same meeting dates already scheduled for the year just in case the commission decides to move forward and use Zoom in future meetings. She explained that's the only way the commission will be able to use Zoom because the conference rooms aren't properly equipped with internet. She would also have to get a camera and speakers and the commission doesn't have staff to set that all up, it's just her. If the commission would like to use Zoom, she advised the commission that the meetings would have to be in Council Chambers. She further stated there are also other things to consider. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 11 DCC Frenz stated she is uncomfortable with this setting after what she saw today. Testifiers whether ruly or unruly, shouldn't be conversing and walking behind the commission, it's a safety concern. Council Chambers is a little more formal, provides separation, and already has the technological capabilities set up, assuming we can find days that don't conflict with other meetings. Ms. Correa stated she reserved Council Chambers for both Hilo and Kona for the same days she previously scheduled all the meetings for the year, no dates conflicted. Commissioner Sur asked if we go that route, will other commissions be pushed to follow the same route? DCC Frenz stated it's up to each individual commission. Her other commissions are in Council Chambers and Liquor Commission has a designated room. Commissioner Springer stated, to her knowledge, all the other commissions aren't as contentious as what they deal with. Ms. Correa also advised that she would have to put in a request for her own Zoom account. During the chief selection process, she used the Police Department's, so she couldn't record or change the settings to be able to use break-out rooms for executive sessions. It was difficult managing and moving hundreds of people in and out of the waiting rooms during executive sessions. She asked the commission if they want to use Zoom for more public participation or for transparency because there are other options. Chair Brown stated it was more for public participation. Commissioner Sur stated logistically, it can be a nightmare. Commissioner Andrion stated usually there's a tech person there at Council Chambers. Ms. Correa advised they're not the commission's staff, we can't rely on them, and most other commissions have their own staff. DCC Frenz stated they have been nice enough to assist, but they are county clerk employees. She advised under Sunshine the amendments from January 2022, if there are connectivity issues and we're down for 30 minutes, we have to cancel the meeting even if we have a quorum. There are very specific guidelines within HRS, chapter 92. Commissioner Andrion stated he is in favor of having online participation through Zoom. He thinks it also raises awareness of what the commission actually does and maybe we'll start to weed out some of the testimonies that don't relate to agenda items or the commission's jurisdiction. He further stated that he served on boards in Maui. He can look back at video recordings of the police, fire, and safety commissions in Maui and as a member of the public, that's a service to him. Recording would also serve him as a commissioner to go back, listen to the meeting, and revisit notes. DCC Frenz suggested contacting the Mayor's Office and see if they could create a YouTube channel. The planning department preserves all its recordings on its YouTube channel. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 12 Commissioner Sur stated we're talking about two issues here. You're talking about recording, we're talking about using Zoom. Commissioner Andrion stated he will speak with Ms. Correa and come up with a plan. Commissioner Lassiter stated she prefers not to use Zoom. She thinks if someone has a complaint, they should face you directly and not through a camera. Ms. Correa asked if the commission would hear complaints via Zoom. Commissioners Springer and Toci stated they prefer in -person. Commissioner Andrion suggested the commission table this. He'll work with Ms. Correa, come up with a plan, and report back to the commission. DCC Frenz stated she intends to draft a legal memorandum to the commission to address discussions of items not on the agenda like what happened this morning. She stated quite often commissioners will raise questions to the chief that are not on the agenda. Technically, that's a violation of Sunshine Law. The idea of Sunshine is to provide transparency to the public about items that will be discussed at the meeting. If the community wants to come in and testify or ask questions, they need to know what will be discussed and it also provides the chief an opportunity to come prepared based on those items on the agenda. When there are topics that commissioners would like to discuss, it needs to be added to the agenda. Commissioner Andrion wanted to know if there was something the chair could announce before we open testimonies, limiting testimony to agenda items only. He asked if they're allowed to limit the testimonies. Chair Brown explained that testimonies should only be on agenda items. Commissioner Sur stated that was the majority of what happened this morning and asked how can we control that. DCC Frenz stated it's left to the chair, ultimately the chair controls decorum and testimonies. Commissioner Robinson asked for clarification. DCC Frenz stated if it's part of the chief's report, you're asking a question about the chief's report. If you ask about something that's completely not on the agenda then you shouldn't be asking it. Commissioner Sur stated he would like his earlier request on the next agenda. Recess was called at 11:19 a.m., the meeting reconvened at 11:27 a.m. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Springer 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). Seconded by Commissioner Lassiter, no discussion, all in favor, executive session convened at 11:28 a.m. Hawaii Police Commission Regular Session Minutes February 17, 2023 Page 13 Motion to reconvene open session made by Commissioner Robinson, seconded by Commissioner Springer, and it carried unanimously. Regular session reconvened at 12:21 p. M. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints ➢ HPC 23-02: Complainant alleges the officer was unprofessional and used offensive language. Vice Chair Toci motioned that there was insufficient evidence to prove the complainant's allegation. Seconded by Commissioner Springer, no discussion, and it carried unanimously. ANNOUNCEMENTS Chair Brown announced the next regular meeting is scheduled for March 17, 2023, at 9:00 a.m., in Kona. He stated it will be his last meeting, as well as Commissioner Springer's. Their replacements are in the works. Commissioner Springer suggested asking the chief if he has any plans to appoint a deputy and to agendize it for next month's meeting. Chair Brown agreed and stated Vice Chair Toci will be attending a First Responder training next week and will provide the commission with a short presentation at the next meeting. ADJOURNMENT The meeting adjourned at 12:25 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: THOMAS BROWN, CHAIR