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HomeMy WebLinkAbout2023-05-19 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES MAY 19, 2023 WEST HAWAII CIVIC CENTER, BUILDING G CONFERENCE ROOM 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HAWAII CALL TO ORDER AND ROLL CALL Chair Robinson called the meeting to order at 9:00 a.m. Present: Rick Robinson, Chair John Bertsch, Commissioner Travis Ing, Commissioner Pudding Lassiter, Commissioner Josephine Pelayo, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Absent: Dylan Andrion, Commissioner Denby Toci, Vice Chair A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Sherry Bird, Major Reed Mahuna, Major Frank Mohica, Detective Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary Commissioner Bertsch made a motion to accept correspondence received from Hope Cermelj, dated Wednesday, May 17t", email correspondence to the Police Commission regarding multiple allegations stemming from her house fire. Commissioner Lassiter seconded, with no further discussion, it carried unanimously, and the motion carried. Commissioner Bertsch made a motion to amend the agenda to better facilitate participants at the meeting. Primarily regarding complaint number HPC 23-07 and the TRO. Commissioner Lassiter seconded, with no further discussion, it carried unanimously, and the motion carried. Chair Robinson announced the agenda will be amended, adding that under new business. Commissioner Bertsch introduced Josie Pelayo as a new commissioner, who was previously the commission's secretary. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS • Roger Christie came before the commission. He expressed that he's interested in preventing harm from drugs and the crime and violence that comes from drugs and drug prohibition. He's concerned with the fentanyl situation and that Schedule 1 for Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 2 marijuana still exists. Next week the World Health Organization (WHO) is scheduled to vote on an amendment to take sovereignty of the world, which is a very dangerous and troubling topic. The WHO is unelected and funded by the Chinese Communist Party and the Bill Gates Foundation and they want to take over sovereignty of all countries' health matters. King Charles was coronated on May 6t" to be Lord and King of the World. Mr. Christie wrote to King Charles because he was to be anointed with a placebo holy anointing oil and he wanted to alert him. He understands this is out of the commission's and department's purview, but wants them to know he's gone to this extent because he's concerned about the sovereignty of Hawaii County and individual's rights. During the last pandemic, many individual rights were stepped on. Under federal law, it prohibits mandates of emergency use vaccines, there was a lot of mandating and coercion going on to take an experimental product, which has been proven to be troubling. He doesn't know to what extent the Police Department looks at this, but he hopes they do. He wanted this on the record and hopes it'll become part of the Chief's monthly report going forward. • Hope Cermelj came before the commission. She stated that officers wrote over 22 police reports and never followed through. After the perpetrator did all these horrible things to her, she got a TRO, which was violated many times and officers didn't follow through again. Officers were afraid to go to his house because he had weapons which was also a violation of the TRO. She's asking that all the officers submit all the evidence they have, she has a case coming up and the officers need to follow through with this. She further stated that more officers are needed in the Puna district. She lives in Kapaau now and the officers there are magnificent. Chair Robinson announced that agenda item HPC 23-07 will be moved up; the complainants allege they were harassed by an officer, officers drew their firearms without first assessing the situation and failed to perform their duties as required. He advised the complainants that they have the option of having this discussed in an open or closed session. The complainant's attorney Eric Seitz requested an open session. Attorney Eric Seitz, Kameanui Tripp-Gouveia, and Jake Kahele-Bishop came before the commission. Mr. Seitz stated this has become a much more complicated proceeding. He asked the Police Commission to do further investigation and to put off any further consideration or determination for at least a couple of months. This matter arises from the shooting death of Jake's brother who was shot by officers. From his review, there was no justification for the use of deadly force in this case, but this is a matter of litigation. The lawsuit has been served and is in its initial stages. Subsequent to that event, there's been a number of interactions between his clients and Officer Gaspar. During one interaction, his clients were driving to the Police Station to report what had taken place, they were intercepted by police officers, including Officer Gaspar, who was supposed to be on administrative leave, who ran up to their car, holding a gun when they had a child in the car. Jake had been arrested because he allegedly harassed and threatened Officer Gaspar. This is a criminal case that is pending, he's been indicted, and they are scheduled Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 3 to go back to court on June 16t". Because this case is pending, he thinks it's premature for the Police Commission to become involved at this stage. There continues to be interactions between his clients and Officer Gaspar, so his clients have filed and obtained a temporary restraining order against him, which is set for a hearing next week. Mr. Seitz stated he doesn't think the Police Commission has enough information and they are not in a position to give additional information, other than what was filed with the complaint because of these other pending matters. He feels this matter should be tabled for the time being until litigation proceeds then come back in September when they're in a better position to be able to articulate their concerns and his clients can testify without worrying about how their testimony might be used or viewed in other proceedings. Chair Robinson confirmed that the complainants would like to hold this until September, to which Mr. Seitz stated yes. Chair Robinson opened the floor for questions. Commissioner Bertsch asked Mr. Seitz if he was representing those two individuals or the family as a whole. Mr. Seitz stated he represents the family; the parents who filed the lawsuit for wrongful death, and these two individuals in this case as well. Commissioner Bertsch asked if the case he was referring to is the TRO case. Mr. Seitz stated this case is both the TRO and the complaint with the Police Commission. He also represents Jake Kahele-Bishop in his criminal case. Commissioner Bertsch stated that administratively, they need to be cautious. They have certain time frames they need to follow within their rules. He believes they would have to ask them to resend the complaint, he's not sure if they could hold it because of the time constraints. The date of the incident is March 13, 2023, Commissioner Bertsch explained the 90-day rule. Chair Robinson stated if they re-send, they would start all over again and they could be outside of the 90-day window, but if they hold this, it would still be an active case, it would continue until September, and they could just reschedule it for September. Commissioner Bertsch stated he believes OPS also has a 12-month criteria. He doesn't want to find out later that they've done something wrong administratively which could preclude them from being able to look into this case. DCC Frenz stated under the Rules of Practice and Procedure for the Police Commission, Rule 6 specifically states that the commission shall not consider complaints if the identical allegations of the complaint are being or will soon be litigated in a criminal action, or the complainant has given notice of the complainant's intention to seek remedies through a civil suit. Mr. Seitz stated Mr. Kahele-Bishop is not a party to the civil suit, he's a party to the criminal case, which arises out of these same events. He typically doesn't tell people to file Police Commission complaints under these circumstances because it involves discovery and the current problems. They filed this complaint before he became involved, but he Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 4 doesn't want to leave them without a remedy, so he rather they hold it in abeyance, and if they come back and the commission says they can't go forward at that point in time, then so be it, he won't object, but he rather not be in a position to have to go forward today because he thinks it's premature. If they create a defect, dismiss it, it's their problem, but he doesn't feel it's a problem for the commission to put it in abeyance as he requested. Commissioner Bertsch stated as long as his clients are in agreement, that's fine, he just wants to make sure that they don't close that door by mistake. Mr. Seitz stated they spoke about it before the meeting and are in agreement. Commissioner Quartararo asked if Mr. Kahele-Bishop is one of the plaintiffs in the civil suit. Mr. Seitz stated no, only his parents are. He's not a party in the civil suit, but he's been indicted for criminal misconduct related to the alleged threatening incident. DCC Frenz stated under the rules, it states the commission "shall not." This commission has no jurisdiction. They could parse it out with Mr. Seitz's assistance, parse out the criminal matter and comply with the rules. Since he is not a complainant and a plaintiff in the civil litigation for the wrongful death, if you focus on that, there would be potential for jurisdiction here. But because of the second interaction, which is very specific to the pending criminal matter against him, this commission doesn't have jurisdiction. She further stated for the record, this is just her legal guidance as the attorney for the commission, the commission is free to disregard her, but if you do something and step outside of your lane and there are civil or criminal ramifications, you may not receive legal representation. She wants to find a way to help them bring an action if they want to bring an action but also make sure that the commission complies with its rules as well. Mr. Seitz added it gets a little more complicated, Ms. Tripp-Gouveia is a co-filer of this complaint. She is not involved in any other matters. She was there when this incident arose. It was her and her daughter at whom the officer pointed a gun and she has the complaint. For all the reasons he indicated previously, they would prefer to wait to proceed with the complaint, it doesn't need to be adjudicated now. If there's a defect down the road, they'll take their claims elsewhere if they need to. DCC Frenz stated there's a defect now, but you would be able to file any other non- conflicting complaints with the Police Commission, as long as it's within the 90 days. She will leave it to the commission to decide how they choose to proceed. Commissioner Bertsch suggested they could withdraw this particular complaint, amend the parties to the complaint, and re-file, as long as they meet the 90-day requirement. Chair Robinson asked Mr. Seitz if this was something his clients would be prepared to do. Mr. Seitz stated they will do whatever the commission instructs them to do. He would prefer to not go forward today. Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 5 Chair Robinson clarified with Mr. Seitz that his clients will withdraw the existing complaint and will re-file it in an acceptable format, which Mr. Seitz confirmed. Chair Robinson asked for a motion to accept the withdrawal. Commissioner Bertsch made a motion to accept the withdrawal of complaint no. HPC 23- 07 without prejudice to re-file, seconded by Commissioner Quartararo, who asked if there's anything prohibiting them from refiling again. DCC Frenz stated as long as they do it within 90 days of the incident. Commissioner Bertsch stated for the record, the commission has the ability to waive the 90 days. There was no further discussion, it carried unanimously. Chair Robinson announced the complaint has been withdrawn and acknowledged by the commission. The complainants have until June 12t" to re-file the complaint in an acceptable format. (Mr. Seitz, Mr. Kehele-Bishop and Ms. Tripp Gouveia exited). APPROVAL OF MINUTES • Commissioner Quartararo motioned to approve the regular and executive session minutes for April 21, 2023. Seconded by Commissioner Lassiter with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Major Mahuna reported through April, there were 4,940 serious crimes. The Area I and Area II Criminal Investigation units investigated 616 of those cases: 343 in Area I and 273 in Area II. Commissioner Bertsch pointed out that assaults in Area II increased dramatically. There was a discussion regarding thefts and auto thefts. • Traffic Report: Major Bird reported that as of May 3, 2023, traffic crashes are at 763, compared to 686 last year. Traffic fatalities are at 22 compared to 26 last year. The DUI fatality count is at 12, compared to 17 last year. DUI arrests are at 799, compared to 851 last year. DUI arrests for the month of April 2023 are 81, compared to 98 in March. For the month of April 2023, a total of 4,698 citations were issued: 3,258 for moving/regulatory, 324 for seat belts, 34 for child restraint, and 1,082 for speeding. Commissioner Quartararo asked if there would be more DUI arrests if they had more officers on the road. Major Bird stated yes and explained if they had more officers, it would make an impact. • Personnel Report: Chief Moszkowicz reported HPD has 410 sworn personnel, there are 7 recruits in training, which leaves them with a total of 417 actual sworn positions. With 484 authorized sworn positions, there are currently 67 sworn vacancies. There are 116 civilian personnel, one is in the hiring process, and two are in the exit process. Out Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 6 of 156 total positions, that leaves 40 vacancies. Of that 40, 20 are school crossing guards. They still have 12 Police Communication Officer II positions that are vacant, one person is in the hiring process. There are 7 recruits in the 97t" recruit class and are expecting the 98t" recruit class to start no later than mid-July. For the 100t" recruit class and beyond, there's a move towards continuous recruitment. DHR will conduct the tests and HPD will do the agility. Commissioner Bertsch asked if HPD will be doing the agility test quarterly or monthly. Chief Moszkowicz explained the agility test is changing, they'll be doing it monthly. June 26t" is the week of the test if you apply today and the agility test will be July 19t" about 3-4 weeks after the test. Whenever the July test is, they'll do an agility test in August. Whenever the August test is, they'll do an agility test in September. If you fail the agility test or if you're unable to make it on that date, you'll be provided a window of one to three months during which you can take the agility test again without having to go through the entire process again. They'll also start having agility tests on weekends, alternating every other month. Commissioner Quartararo wanted to know if HPD keeps demographic stats. He asked where are the applicants coming from and asked where the department advertises recruitment. Chief Moszkowicz stated he recently reviewed 14 applicants moving through the hiring process now and they are all current Hawaii residents, there's one person who lives on Oahu. As far as advertising, they have been working on videos, and bought a URL "join hawaiipol ice.com" It isn't fully built yet, but this will be where recruitment information will be housed. • Finance: Chief Moszkowicz referenced the Salary and Wages Summary Report. HPD's targeted salaries and wages expenditure is 87.50% and the actual is at 91.00%, which is 3.50% over. There was a discussion regarding the training budget. Commissioner Bertsch asked if the department is sacrificing training, in order to pay salaries and wages. Chief Moszkowicz explained the answer is no for this fiscal year. They don't have anything on the horizon that will have to be paid out before July 31 st. The answer will also be no next year because that's a priority of his, they don't sacrifice training for overtime. • Commendations: Chief Moszkowicz reported receiving five commendations, involving five personnel since the last Police Commission meeting in recognition of outstanding services. Four from South Hilo and one from Puna. • Chief Moszkowicz reported on other department activities and updates: ➢ April 26t" Big Island Law Enforcement Coalition Meeting. ➢ He met with Consul General Aoki in Honolulu. Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 7 ➢ Several meetings with County HR, to discuss continual recruitment and early hiring process. ➢ He attended the Inter-County Criminal Intelligence Unit (ICCIU) conference in Maui. ➢ He authorized the use of pick-up trucks to be used as subsidized vehicles, with several restrictions and requirements. ➢ April 27th he was invited by PBS to fly over to Oahu for a Kakou Town Hall Meeting, the subject was "How do we keep habitual offenders off our roads?" ➢ April 24th Fire Chief Todd asked him to join in on a meeting regarding the dispatch center. They discussed the manpower shortage and the possibility of relocating temporarily. There is no merger of Police and Fire dispatch. There was a crisis, one fire dispatcher was available to work and this person has been working in their dispatch center since May 4th. This raised grievances and a supplemental agreement was executed. Dispatchers will be paid an extra $4.61 per hour for every hour they come to work, on top of their regular base pay until the end of the current contract. ➢ There were two police week ceremonies on the island. On Sunday there was the Hawaii Law Enforcement Officers Memorial Foundation Ceremony. Captain T.N. Simeona was added to the memorial wall in Honolulu and in Hilo on Monday. Commissioner Quartararo wanted to know HPD's role in clearing up the homeless encampments in Kona. Chief Moszkowicz explained it will be addressed within the next week. It's basically compassionate disruption, which requires a good deal of coordination and collaboration. Regarding the new tasers coming out, Commissioner Bertsch asked if the commission could be provided with a quick demonstration. Chief Moszkowicz explained the differences between Taser 7 and Taser 10 and stated when the time gets closer, they could do a presentation. Regarding the Big Island Law Enforcement Coalition, Commissioner Bertsch asked if they have been discussing private issues within law enforcement and if there's a possibility to have commission representation. Chief Moszkowicz stated they only had one meeting, so he isn't sure how it'll evolve, as far as he can see, it's not law enforcement-sensitive. They collaborate and discuss what's happening on the Big Island. Commissioner Bertsch advised that the department should reach out to the 93rd CST Team in regard to the island-wide interoperability on the radios. He further stated the only thing they had an issue with in the past about pick-up trucks, was the bumper height and the height of the blue light. He believes Arizona was using them for fish and game or wildlife trucks, they added grill lights. Commissioner Bertsch stated as they look toward the 2024 fiscal year, the Police Commission Rules state the Police Department is supposed to adequately fund the Police Commission to do their roles and responsibilities. In the past, the commission wanted a Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 8 budget for commendations, where they can participate in having a certificate or plaque made for officers or run it through the Chief's Office. Chief Moszkowicz stated the County Council voted on the first draft of the budget. If they can't move something into the commission's budget, the commission's secretary could work with them to put something together. Recess was called at 10:57 a.m. The meeting reconvened at 11:13 a.m. NEW BUSINESS • Video recording for preservation and publication. Chief Moszkowicz stated he sees the value in expanding the availability of the Police Commission meetings for members of the department and the public. He suggests making it available either by filming it and posting it or broadcasting it live. He is willing to have the department's resources and personnel available to assist with this. He explained that he wants employees to be able to watch the Police Commission meetings. Commissioner Bertsch stated that he's on the fence about it, but also feels they need to take a step in that direction, transparency is important. Chair Robinson explained there are two components. One component is broadcasting their meetings, the second is if they will allow testimony from the public. DCC Frenz stated legally under Sunshine, under Chapter 92, if they have a Zoom option, they must provide a remote location, they would need to allow them to testify and watch. Chair Robinson stated he's in favor of the recordation and publication on YouTube. DCC Frenz advised the commission that they need to confer with Ms. Correa, as far as workload goes. She also has legal concerns. Commissioner Bertsch recommends if they were to go in that direction, none of it should fall on Ms. Correa's shoulders. Chief Moszkowicz stated he's trying to find a solution that the commission is comfortable with. Commissioner Bertsch feels the commission should digest this and wait for Corporation Counsel's recommendation. DCC Frenz stated if we record, we would need to tighten the belt. Commissioner Bertsch agreed and stated this isn't a quasi- judicial board, but there is a public perception that they need to adhere to. Chair Robinson asked DCC Frenz to write the commission a memo on her legal analysis regarding the recordation and publication on YouTube, with no live broadcasts or virtual interactions. Commissioner Bertsch recommended that Corporation Counsel present them with an analysis of all aspects of this. DCC Frenz will do the analysis on all aspects, that way the commission will be fully informed, and can make a decision on how they want to proceed. • Chief Moszkowicz's request for outside employment at the University of Hawaii — Hawaii Community College as a lecturer. Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 9 Chair Robinson asked if the commission had the opportunity to read the request and asked if anyone has any concerns. There were none. Commissioner Lassiter made a motion to approve Chief Moszkowicz's request for outside employment, seconded by Commissioner Bertsch. Commissioner Bertsch expressed that he feels it's honorable, it's good public relations, and is a great avenue to recruit. No further discussion and it carried unanimously. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Bertsch motioned to meet in executive session to consider charges against 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 Ing, with no discussion, and it carried unanimously. Executive session convened at 11:36 a.m. Motion to reconvene open session made by Commissioner Bertsch, seconded by Commissioner Lassiter, with no discussion, and it carried unanimously. Regular session reconvened at 1:04 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints ➢ HPC 23-07: Complainants allege they were harassed by an officer, officers drew their firearms without first assessing the situation and failed to perform their duties as required. The Commission accepted the withdrawal of the complaint. ➢ HPC 23-10: Complainant alleges she was wrongfully arrested, officers were unprofessional, and failed to perform their duties as required. Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's allegations, seconded by Commissioner Sur, with no discussion, and it carried unanimously. • Complaint in the non-acceptance category ➢ HPC 23-11: Commissioner Bertsch motioned to accept the Chair's decision to decline the investigation, the complaint was not filed within 90 calendar days of the incident. Commissioner Sur seconded, with no discussion, and it carried unanimously. • Request for representation by Corporation Counsel ➢ Correspondence No. 23-07B: Jake Kahele-Bishop, Kameanui Tripp-Gouveia, C.B./Z.B./R.B. v. Officer Justin Gaspar. Motion to affirm representation made Hawaii Police Commission Regular Session Minutes May 19, 2023 Page 10 by Commissioner Bertsch, seconded by Commissioner Lassiter. Commissioner Sur asked if they needed a 2/3rd vote to accept this. He was advised that was completed earlier, the commission voted to amend the agenda. No further discussion and it carried unanimously. UNFINISHED BUSINESS • Discussion regarding the formation of a committee to look at recruitment and training. Commissioner Quartararo requests to defer this to a future agenda. He would like to speak with Chief Moszkowicz directly regarding this. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Lassiter motioned to meet in executive session to consider charges against 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 Bertsch, with no discussion, it carried unanimously. Executive session convened at 1:10 p.m. Motion to reconvene open session made by Commissioner Lassiter, seconded by Commissioner Sur, with no discussion, and it carried unanimously. Regular session reconvened at 1:26 p.m. ANNOUNCEMENTS Chair Robinson announced the next meeting is scheduled for June 16, 2023, at 9:00 a.m., at the County Building, Council Chambers, Suite #1401, 25 Aupuni St., Hilo, Hawaii. Chair Robinson stated DCC Frenz has a conflict with the next meeting date. There was a discussion regarding moving the meeting to June 9t"- The commission decided to keep the current scheduled meeting date for June 16tn ADJOURNMENT The meeting adjourned at 1:32 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR