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HomeMy WebLinkAbout2023-03-17 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES MARCH 17, 2023 WEST HAWAII CIVIC CENTER, BUILDING A, COUNCIL CHAMBERS 74-5044 ANE KEOHOKALOLE HWY., KAILUA-KONA, HI CALL TO ORDER AND ROLL CALL Chair Brown called the meeting to order at 9:03 a.m. Present: Thomas Brown, Chair Dylan Andrion, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Rick Robinson, Commissioner Anthony Sur, Commissioner Absent: Denby Toci, Vice Chair John Bertsch, Commissioner Donna Springer, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Chad Basque, Assistant Chief Andrew Burian, Assistant Chief Kenneth Quiocho, Assistant Chief Kayne Keli`i, Detective Charisse Correa, Secretary Dakota Frenz, Deputy Corporation Counsel STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS • Justin Arnold, Marine Corps veteran, and firearm instructor came before the commission to provide testimony on the proficiency testing for concealed carry applications. He explained that there are some things on the proficiency test that concerns them. The most important thing is the draw only and firing a condition 1 firearm. When people are under stress, some accidents may happen. When drawing a loaded firearm from a holster, there's always a risk of injuring yourself with a round going off prematurely impacting the ground around you, and ricocheting in the vicinity. During his time in the Marine Corps, he saw marines who are trained, and have a lot of experience accidentally discharging from the holster position out to its presentation and it happened frequently. He hasn't had a single person do that since he started doing proficiency testing, but as time progresses there's a high chance that will eventually happen. To his knowledge, there's no other state that requires drawing a chambered firearm and shooting it under time. Another safety issue is shooting with the non- dominant hand. He further stated shooting from the knee position brings you to a much less stable position, especially for those with disabilities or injuries, etc. He spoke about reciprocity, it's county-by-county-specific, and no other state has it that way. Every Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 2 state has a state-issued permit because typically you'll travel across county lines. We're separated by a body of water here, but we all travel to Oahu for business, medical, etc. Another thing that doesn't apply in any other state in the country is a single firearm permit. If you can express your proficiency in the firearm, it should be good enough for the 38 caliber as well as the 9mm. Commissioner Sur stated a concealed carry license is good for a year here. He asked what it was in other states. Mr. Arnold stated to his knowledge, on average between five and seven years. Some are four years, some are three. Commissioner Sur wanted to know if other states require any kind of shooting test for the renewal of their license. Mr. Arnold stated yes, some do, but those are not with the risks that we have here. They're not under time and that sort of thing to induce unnecessary risk. Commissioner Lassiter asked in those states he's referring to, is there an age limit to get a permit? Mr. Arnold stated there are some legal things going on regarding the second amendment across the country with 18-year-olds being able to exercise constitutional carry in some states. Generally, it's 21 years old. Commissioner Robinson stated it's interesting that you can serve in the military at 18 years old, in a hostile area, carry a weapon, and defend yourself and you can't protect yourself in your own country. Mr. Arnold stated it's an interesting standard when it comes to what's acceptable in the military, in a combat environment, and what we trust our trained citizens here with. APPROVAL OF MINUTES • Commissioner Robinson motioned to approve the regular and executive session minutes for February 17, 2023, seconded by Commissioner Lassiter. No discussion, it carried unanimously, and the minutes were approved. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES • Crime Report: Assistant Chief Quiocho reported through February 28, 2023, there were 3,867 serious crimes. The Area I and Area II Criminal Investigation units investigated 500 of those cases: 294 in Area I and 206 in Area II. • Calls for Service: AC Quiocho reported that in February 2023, the department received 9,736 calls for service, bringing the total fiscal year to 81,425. • Traffic Report: Assistant Chief Basque reported that as of January 11, 2023, for fiscal year 22-23, traffic crashes are at 618, compared to 548 last year. Traffic fatalities are at 9 compared to 22 last year. The DUI fatality count is at 7, compared to 14 last year. DUI arrests for the year are at 630, compared to 682 last year. DUI arrests for the Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 3 month of February 2023 are 66, compared to 102 in January. For the month of February 2023, a total of 4,698 citations were issued: 3,362 for moving/regulatory, 328 for seat belts, 17 for child restraint, and 991 for speeding. Commissioner Quartararo asked for examples of moving/regulatory violations. AC Basque explained moving would be stop signs, stop lights, and regulatory would be things such as safety checks and weight tax. Chair Brown expressed his appreciation to the chief and assistant chiefs for their speed in catching that individual wanted for attempted murder. He stated they and the police force did a good job and it made everyone feel a lot safer. In regards to correspondence, he thanked Chief Moszkowicz for his quick response to individuals and not just delegating it. The fact that he responded quickly to them speaks volumes. Chief Moszkowicz thanked him for recognizing the team. He also gave credit to Federal, State, and County partners and explained it was a group effort. • Personnel Report: Assistant Chief Burian reported as of March 14, 2023, sworn police vacancies are at 77 in the field, subtracting six in the 96t" recruit class and eight in the 97t", which puts them at 63 actual positions unfilled in the department. Of Communication Officer II Positions, 31 are filled, and 13 are vacant. One veteran dispatcher returned and another left since the last meeting. A new dispatch class will start on April 3rd with a class of two people. There was a realistic job preview for dispatchers, 16 or 18 were scheduled and only two showed up. They are trying to get these two started on April 3rd as well. As of March 14, 2023, HPD has 87% of sworn positions filled and 75% of civilian positions. • Recruitment Activities: Assistant Chief Burian reported they have six in field training until April 31st and they will be going solo on May 1st. The 97t" recruit class is still in academic training. The anticipated start date for the 98t" recruit class is mid-June. Police Major interviews are scheduled for today and interviews were conducted yesterday for Police Captain. The physical agility for the 99t" recruit class is scheduled for April 26t" and the written exam is scheduled for March 27t" Commissioner Robinson asked about the possibility of holding recruit classes in West Hawaii. AC Burian explained that their training staff is assigned to Hilo. Commissioner Robinson asked if it was worth talking to the union about it. AC Burian explained if the demand is that strong, then it will be something they'll need to take into consideration. Currently, there have not been serious discussions about it. Commissioner Quartararo wanted to know if the department assists with finding housing for personnel. AC Burian stated there isn't a formal process, and they don't provide housing, but staff provides them with suggestions. Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 4 • Finance: Assistant Chief Burian reported as of February 28, 2023, their targeted overall expenditure was 61.25% and the actual was 62.85%. Targeted salaries and wages expenditures were 70.83% and the actual was 73.74%. Regular salaries and wages were at 65.23%. Overtime salaries and wages were 267.74% and miscellaneous salaries and wages were 100.31%. • Commendations: Chief Moszkowicz reported receiving six commendations, involving 13 personnel since the last Police Commission meeting in recognition of outstanding services. ➢ Captain Amon-Wilkins and Detective Balberde commended Evidence Specialist Kristen Bailey for her thorough and well-executed investigative efforts relating to the investigation of a double homicide, her positive attitude, and her work ethic. ➢ Ms. Linda Hunter expressed appreciation to Captain Kahalewai, Lieutenant Valera, and Officers Watkins, Fontes, Faanunu, and Smith for their tireless and dedicated efforts and perseverance in the recovery of her stolen lawnmower. They located the lawnmower, delivered it to her house and officers helped her add a mulch plug to the mower that she hadn't been able to do herself. They also helped her secure it with a cable and padlocked it. ➢ Elementary School Counselor commended Officer Hanes for making a student feel comfortable and safe during a Child Protective Services follow-up. ➢ West Hawaii Child Welfare Services Section Administrator expressed appreciation to Captains Delaries and Shopay for listening to their concerns and their intervention regarding a 16-year-old male who was a danger to himself, staff, and peers. ➢ Mr. Joseph Fitzgerald expressed appreciation to Officer Roberts for changing a flat tire on their rental car which may have been a small action, but it was big to them because they made it to the rental agency before they closed and exchanged the car. ➢ Mr. Zachary Laputz commended Officers D'Angelo and Lorenzo for their superb service and professionalism while at his property. • Other Department Activities: Chief Moszkowicz stated regarding firearms dealer registrations, written testimony was submitted to the commission and was sent to him to review prior to the meeting. This testimony was from Jefferey Hara from J Hara store, his concern was that in the past, he was able to fax registrations, but couldn't do that anymore. Chief Moszkowicz spoke to records, resolved it, and he offered Mr. Hara Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 5 an explanation as to why they had changed it. Effective immediately faxed dealer registrations will be accepted. Chief Moszkowicz reported on meetings he had with council members, personnel from HCCC, Hawaii Volcanoes National Park, and the prosecutor's office. He also attended the Mayor's state of the county address. On February 1st, the Kona Crime Prevention Committee honored Officer Cunefare as Officer of the Month. They're currently working with the Department of Human Resources to allow more of a continuous recruiting process. He met with DHR last week and it will most likely move forward. The agility test will be in Hilo, on April 26t", at 7:30 a.m. He invited the commission to observe or participate if they were interested. Yesterday they interviewed nine potential candidates for captain. Today after the meeting they will interview six candidates for major. He is hoping to finalize decisions by the end of the day and notify personnel quickly to alleviate anxiety. They're planning a recognition/promotion ceremony at the end of March or April. Chief Moszkowicz informed the commission about the officer-involved shooting that occurred last week Friday in Kona, stemming from an attempted murder case on Tuesday. An HPD Media meeting was held on Thursday, March 2"d, which was productive. Items covered were current issues, after-hours requests for information, what they release and don't release according to policy, and body-worn camera footage releases. Commissioner Robinson stated he was interested in the 800 people at the chicken fight in Kona. He wanted to know about the confiscation of property for real estate and asked if that will be an option. Chief Moszkowicz stated he had a federal partner reach out to him with that same question. If the state government and AG aren't willing to do it then the feds are because of some specifics. NEW BUSINESS • Selection of a Deputy Police Chief: Chief Moszkowicz stated he had the chance to interact with a lot of people, narrowed down his list, and has one primary candidate. If anyone says they know who it is, it's a total lie because he hasn't spoken to this person or anyone about it. He spoke about the challenges with the deputy's current salary and stated the Salary Commission has enough members for a quorum and can now hold meetings. He further explained he wants the process of amending the salary started before he offers this person the position. Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 6 DCC Frenz stated she also represents the Salary Commission. They currently have three openings that require appointments. In her legal opinion, she thinks it would be inappropriate to conduct meetings and take specific actions without the full representation of those districts. They're waiting for the final appointments to fill vacancies in districts 3,6, and 7. They will then set meetings and see what happens thereafter. Chief Moszkowicz asked if people are allowed to sit on more than one commission. DCC Frenz stated they can, but it depends on the type of commission. AC Burian stated he supports an increase to the chief's salary. It's no secret that the chief has taken a pay cut. He stated it's not just about selecting a good deputy, it's also about the retention of the chief. When it comes time for the Salary Commission to examine that, he encouraged the Police Commission to explain the importance of this. They want the best for our County and our Police Department. Commissioner Sur asked Chief Moszkowicz if he took a substantial reduction of pay with this position. He stated he did and was aware of the salary when he took the position. Commissioner Andrion stated when he was on Maui County's Fire and Public Safety Commission, one of the tasks they took on was looking at salary resolutions for the new fire chief. The commission made recommendations to the Salary Commission after having discussions within the commission meeting with the fire chief and the department. He asked if they could add this to the agenda and look at statistics of what police chiefs and their deputies are making across the state and draft a recommendation to the Salary Commission, so when they are ready, there's something in hand and they'll be able to act on it almost right away once they have representation from all the districts. Chair Brown agreed. Commissioner Andrion stated on the department's website there's a published log showing commendations, which was last updated in 2020. He was wondering if they could go back to that, a place to archive and see the officers and repeat names that show up. He further stated he likes names on the paper, but he's good with faces. He suggested pictures on the commendation list to go along with the names. Firearm Proficiency Test: Chief Moszkowicz stated he looked into what Commissioner Sur had said about the Maui Police Department's proficiency course. He stated while he remains powerless to change the world by himself, he understands the importance of people being able to rely on the training that they receive. In some ways, he thinks the policy is worded correctly, but might be misunderstood or applied incorrectly. In addition to understanding that there is a safety standpoint of encouraging people to train using some of these other techniques, he 100% agrees that this is a State responsibility, and it shouldn't be at his discretion. When he reads the Supplement to Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 7 Application for License to Carry Firearm Concealed/Unconcealed on their website there are two sentences in the second paragraph. The first sentence says, "The State- Certified or National Rifle Association Firearm Instructors are responsible for determining the course of fire to be performed by the applicant that will allow the Instructor to certify that the applicant is proficient in the handling and use of the firearm involved." He explained historically, from his understanding when the department first put this out as a guideline, only the first sentence existed. At some point, the second sentence was added which seems to go in a different direction. The second sentence says, "At the minimum, the proficiency course of fire conducted by Firearm Instructors should consist of the following, with a passing score of 75% or greater." The handgun qualification/proficiency course was provided because that's what they were doing at the time. They were asked for a suggestion, so they provided this, which was vetted by Corporation Counsel and was provided as a suggestion. He feels if it was a requirement, it would say "must" instead of "should." If you indicate it's a passing score of 75% or greater, to him, that liability is going to fall back on you, the individual state- certified NRA instructor. The law doesn't provide a minimum, this document is a recommendation. They also realize that they will not be potentially liable if a private citizen uses his firearm in some inappropriate way. The department has a different realm of responsibility. If you want to do something else and you as an instructor determines a different course of fire that allows you as an instructor to certify the person is proficient in handling the use of the firearm, it's up to you. This didn't just come from the Police Dept., guidance was provided by Corporation Counsel. This is a recommendation and what they suggest. Commissioner Sur stated going back to the original law, it was never "may" it was "should." The "should" in this should be "may." Chair Brown stated Corporation Counsel provided guidance to the department. If that was their intent, it would say "You shall." Commissioner Sur stated if you use the word "may" it's a lot looser. He further explained that he spoke to personnel and was told those are minimum standards and it needs to be followed. They're not saying what the chief is saying. He stated Maui's is straightforward, it's normal, but you're doing this "should and may thing." He suggested a change to the language, "should" be changed to "may" and he thinks it'll make it a lot looser. You throw the liability onto these guys. He also suggested that the chief provide written instructions to personnel because they're saying it needs to be followed. Chief Moszkowicz explained that as the chief, he signs applications. If you come to him with a packet that is not this but is signed off by a state-certified NRA instructor who says the person is certified and qualified, he will sign the application as long as everything else is correct. Commissioner Sur stated which means, as an instructor, you can follow Maui's guidelines. When the previous chief wouldn't give him an answer, he spoke to assistant chiefs in Maui and they heard HPD got the guidelines from Kauai, but no one will tell him who came up with it. Commanders he spoke to said that's what they shoot and Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 8 didn't know why it was a guideline. He feels it's a safety issue, he thinks it's wrong and if Corporation Counsel wants to come up with it, let them accept the liability. Chief Moszkowicz stated his perception is the department isn't training you so they shouldn't necessarily be the ones to mandate the requirements. If you look at Maui's, it says, "The required proficiency test will consist of a 38-round course of fire utilizing the B-27 silhouette target." To him, that's a lot more restrictive than HPD's. Commissioner Sur stated yes, but theirs is normal, it's for a normal person. Talking to instructors, and officers on the mainland, they all say it's normal, unlike the Big Island, so you can't compare it to that. He further stated he would like to take a couple of your guys, put them through the course and see if they pass. Some of them might not be able to. AC Quiocho stated that's their course, they fire it every year, annually. The liability is not on the department. There was a tense discussion between AC Quiocho and Commissioner Sur. Chief Moszkowicz and Chair Brown interrupted and called for the parties to stop the discussion. Chair Brown called a recess at 10:40 a.m. The meeting reconvened at 10:52 a.m. NEW BUSINESS (continued) • Correspondence No. 23-04: 67t" Annual Hawaii State Law Enforcement Officials Association (HSLEOA) Conference. Chair Brown stated this will be held on September 27-29, 2023, at the Waikoloa Beach Marriott Resort, hosted by the Hawaii Police Department. In the past, all Police Commission members were invited to attend. He advised the commission to keep those dates open if they can. • Report from Vice Chair Toci on training she attended (Building Resilience in First Responders). Chair Brown explained that the Police Department offered to send one commission member to this training and he asked Vice Chair Toci to attend. She can report back to the commission at the next meeting when she is present. • Nomination and Vote for the Chair of the Hawaii County Police Commission for 2023. Chair Brown stated his term ends and opened it up for nominations. ➢ Commissioner Quartararo nominated Commissioner Robinson as Chair, seconded by Commissioner Sur. Chair Brown stated Commissioner Bertsch was unable to attend, but he sent an email nominating Commissioner Robinson as Chair. He read aloud this email for the commission, in which Commissioner Bertsch also mentions that Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 9 he is drafting correspondence to the Salary Commission requesting a hearing to address parity for the chief and deputy chief's annual salary. This draft letter will be presented to the Police Commission prior to distribution. Chair Brown suggests this be placed on the next agenda for discussion. He further suggested this letter come from the Chair, addressed to the Salary Commission, or from all the commissioners who support it and all could sign it. Commissioner Lassiter suggests waiting until they have a full group of commissioners before they vote on the letter to the Salary Commission. Chair Brown stated that's a good point. To his understanding, by April there will be nine members. His and Commissioner Springer's replacements have already started the process and have been approved. There was no further discussion, all were in favor of Commissioner Robinson as Chair of the Hawaii County Police Commission. The vote was unanimous and the motion carried. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Robinson motioned to meet in executive session to consider charges against the officers or employees of the police department, 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 11:00 a.m. Motion to reconvene open session made by Commissioner Andrion, seconded by Commissioner Lassiter, with no discussion, and it carried unanimously. Regular session reconvened at 11:31 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Complaints in the non-acceptance category. ➢ HPC 23-03: Commissioner Robinson motioned to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Commissioner Sur, with no discussion, and it carried unanimously, motion carried. ➢ HPC 23-05: Commissioner Andrion motioned to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Commissioner Robinson, with no discussion, and it carried unanimously, motion carried. ➢ HPC 23-06: Commissioner Andrion motioned to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Commissioner Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 10 Sur, with no discussion. Five were in favor, opposed by Commissioner Quartararo, motion carried. ANNOUNCEMENTS Chair Brown announced the next meeting is scheduled for April 21, 2023, at 9:00 a.m., at the County Building, Council Chambers, 25 Aupuni St., Hilo, Hawaii. DCC Frenz advised the commission to get more comfortable and used to stating their names when they begin to speak to help Ms. Correa make the record. Commissioner Sur stated at the last meeting Commissioner Andrion mentioned recording meetings via Zoom. He wanted to know if he had followed up on that. Commissioner Andrion stated he no longer recommends that. Commissioner Sur asked if the Police Commission decided to go in that direction, would the other commissions have to do the same thing? DCC Frenz stated it's up to each commission. County Council is 100% in person, but sometimes hybrid. She further explained that adding Zoom changes the dynamic, there's a lot more coordinating. ADJOURNMENT The meeting adjourned at 11:35 a.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR