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HomeMy WebLinkAbout2023-06-16 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 16, 2023 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI ST., HILO, HAWAII CALL TO ORDER AND ROLL CALL Chair Robinson called the meeting to order at 9:00 a.m. Present: Rick Robinson, Chair Denby Toci, Vice Chair Dylan Andrion, Commissioner John Bertsch, Commissioner Travis Ing, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Absent: Josephine Pelayo, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Chad Basque, Assistant Chief Andrew Burian, Assistant Chief Kenneth Quiocho, Assistant Chief Tuck Loy Aurelio, Captain Charisse Correa, Secretary Via Zoom: Dakota Frenz, Deputy Corporation Counsel STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES • Vice Chair Toci motioned to approve the regular and executive session minutes for May 19, 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: • Calls for Service: AC Quiocho reported in May 2023, the department received 10,750 calls for service, bringing the total to 114,251 for the fiscal year to date. • Crime Report: Assistant Chief Quiocho reported through May 30, 2023, there were 5,461 serious crimes. The Area I and Area II Criminal Investigation units investigated 708 of those cases: 397 in Area I and 311 in Area II. Commissioner Quartararo inquired with AC Quiocho about trespassers, there was a discussion regarding problems his neighborhood has been facing. Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 2 There was a discussion between Chair Robinson and AC Quiocho regarding the classification of assaults, miscellaneous public complaints (MPs), and investigations assigned to detectives. Vice Chair Toci asked AC Quiocho to explain JAS, the Juvenile Aid Section because its name can be misleading. He explained that their focus is on family-related crimes that are felonies, which include domestic violence, juvenile-related crimes, and runaways. He noted there seems to be a concern with runaways tied into human trafficking. Chair Robinson stated he has been receiving a lot of Nixie alerts regarding runaways and updates when they've been located. AC Quiocho explained there are a lot of chronic runaways, and it's important for families to have a strong bond with each other, if that's lacking, children seek it in other ways. As a law enforcement agency, they can try everything they can to make sure these children are found and protect them from predators. Commissioner Bertsch asked AC Quiocho if he has any research or opinion regarding the status of human trafficking on the Big Island, if he understands correctly, the facts did not support the "epidemic" of human trafficking. AC Quiocho explained that based on reports that he reviewed, a lot of it was spurred by social media. It's not as prevalent as it is in other areas, but it could escalate, there are predators here, which is why they try to prevent it by taking care of the smaller things and focusing on runaways. Vice Chair Toci added that she is on the child sex trafficking team. She explained it has been happening for many years. The term "trafficking" means "the use or exchange of goods." If a runaway is provided with a place to stay and/or marijuana, that's already termed "trafficking." There's an elevated number of trafficking because they are now naming it as such. Commissioner Quartararo stated that's why he brought up the issues with trespassing earlier. There has been a lot of criminal activity and squatters at an abandoned home, it's been reported numerous times, but it's been allowed to continue. AC Quiocho gave an example of a house in the Puna District, where a neighborhood faced similar issues. The community came together and worked to stop and prevent issues. They boarded up the windows and placed boulders in front of the house to prevent cars from being dumped there and if there was graffiti, they painted over it right away. He advised Commissioner Quartararo that he could have community policing reach out to his neighborhood watch constituents and come up with a solution. There was further discussion regarding foreclosures, evictions, penalties, and legislation. • Traffic Report: Assistant Chief Basque reported that as of June 2, 2023, for fiscal year 22-23, in May, traffic crashes are at 830, compared to 749 last year. Traffic fatalities are at 23 compared to 30 last year. DUI arrests are at 888, compared to 944 last year. Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 3 DUI arrests for the month of May 2023 are 89, compared to 81 in April 2023. For the month of May 2023, a total of 5,151 citations were issued: 3,414 for moving/regulatory, 383 for seat belts, 23 for child restraint, and 1,331 for speeding. Vice Chair Toci wanted to know if there's a high number of accidents on Queen K and Saddle Road. AC Basque explained both are high-speed areas, bigger roads with more capacity of vehicles, so there are more chances of crashes. • Personnel Report: Assistant Chief Burian reported as of June 14, 2023, sworn police vacancies are at 76 in the field, with seven in the 97t" recruit class putting them at 69 actual positions unfilled. Of Communication Officer Positions, 28 PCO II positions are filled, and 11 are vacant. Today, they have one new hire, leaving them with 10 vacancies. As for supervisors, five are filled, with no vacancies. As of June 14, 2023, HPD had filled 415 out of 484 sworn positions (86%) and 125 out of 156 civilian positions (80%). • Recruitment Activities: Assistant Chief Burian reported there are four recruits from the 96t" recruit class who are on solo assignments until June 30t". This initial class started with 11 new hires, on July 1, 2022. They will be reallocated to Police Officer II, effective July 1st. There are seven recruits in the 97t" recruit class, they will be in class until July 15t". This class started with nine new hires, on January 17, 2023, and will be going out on field training on July 16t". Recruitment ran from August 21 to August 30, 2022, for the 98t" recruit class; 256 applied, 145 took the written test, 71 passed, 71 were summoned for the agility, 38 passed and 21 failed, 13 submitted PHQ (personal history questionnaire) packets, nine applicants were interviewed on June 13t", the anticipated class start date is July 17t". Recruitment was open in February 2023 for the 99t" recruit class; 267 applied, 99 took the written, 72 passed, 72 were summoned for the agility, 47 passed and 13 failed, 26 completed the PHQ, and four applicants were pending. • Internal Recruitments: Interviews for PO III will be conducted in July and promotions will be announced by mid-July or the beginning of August at the latest. PO I continuous recruitment opened on May 14t". The first written exam will be on June 26t" and the first agility will be on July 19t". The next written exam will be the week of July 31st, and agility will be on September 20t" Commissioner Quartararo wanted to know about the civilian vacancies listed in the report for Victims Services Assistant and Sex Assault Forensic Nurse Coordinator. It shows the positions are unfunded; contracted. AC Burian explained the difficulties with filling these positions, which are contract positions. There was further discussion regarding the crime lab vacancies and the difficulties with filling these positions as well. There was a discussion between Chair Robinson and AC Burian regarding reviewing the personal history questionnaires, agility tests, and civil service postings. Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 4 • Finance: Assistant Chief Burian reported their targeted overall expenditure was 82.88% and the actual was 82.06%. Targeted salaries and wages expenditures were 95.83% and the actual was 95.01%. Regular salaries and wages were at 83.83%. Overtime salaries and wages were 360.94% and miscellaneous salaries and wages were 136.17%. There was a discussion with AC Burian regarding overtime, 16-hour shifts, health and wellness, and exit interviews. • Commendations and Awards: Chief Moszkowicz reported receiving four commendations, involving eight personnel since the last Police Commission meeting in recognition of outstanding services. Officer Curry McFadden was named the Kona Crime Prevention Committee's Officer of the Month for June 2023. On May 26, 2023, Fire Chief Todd presented Officer Chezvis Carveiro with a Coin of Life for saving a life. They received a handwritten note on a greeting card expressing gratitude for Sergeant Amy Omaya, for providing a tour of the station to a youth group. Lieutenant Bobbie Jo Sagon graduated from the FBI National Academy. • Chief Moszkowicz reported on other department activities and highlights: ➢ May 24th County coordinated park rules enforcement operation at Hale Halawai after two weeks of outreach. ➢ June 2nd they received a demand letter from ACLU demanding they stop conducting "sweeps" at the parks. ACLU was provided a response that was shared publicly with the media. ➢ June 7th Another County coordinated park rules enforcement operation at the Kona Aquatics Center was conducted after outreach. ➢ May 24th, he was a guest speaker at the Rotary Club of Hilo Meeting. ➢ May 25th attended the Firearms Crisis Intervention Advisory Board in Honolulu. ➢ June 1-2 attended the State of Hawaii Police Commissioners Conference. ➢ June 7-9, six personnel attended the FBI National Academy Association of Hawaii Chapter Re-Trainer Conference in Honolulu. ➢ HPD is continuing its efforts to document and honor the department's history with the "80 for 80" campaign. ➢ The animal control agency which has been under the control of HPD for the last two, almost three years will be transitioning into its own independent County agency, effective July 1, 2023, and will be re-named Animal Control and Protection. Vice Chair Toci asked if the homeless sweep was a Statewide operation. Chief Moszkowicz explained that the two operations were not part of a State effort. They have community police officers who do outreach with non-profits every day. These two operations gained a lot of attention because they drew a line in the sand and people were told that "as of this day, you can't be here." He further explained that it's Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 5 compassionate disruption, it convinces people into treatment or into accepting assistance, which improves their condition. Vice Chair Toci confirmed this was done in tandem with service providers, to which he responded yes and explained two weeks before and the day of the operation. There was a discussion with the chief regarding the State Department of Law Enforcement; MOUs, communication, and safety concerns. Recess was called at 10:26 a.m. The meeting reconvened at 10:41 a.m. NEW BUSINESS • Correspondence No. 23-09: Invitation to the Hawaii State Law Enforcement Officials Association (HSLEOA) Conference, hosted by the Hawaii Police Department. Chief Moszkowicz explained the history of HSLEOA, funding, donations, and the agenda. Chair Robinson advised the commission to let Ms. Correa know if they plan to attend the conference, as soon as possible. UNFINISHED BUSINESS • Video recording for preservation and publication. Chair Robinson opened the floor for discussion. Commissioner Bertsch stated Corp Counsel was going to write something up and provide the commission with some direction. Commissioner Lassiter made a motion to amend the agenda to allow discussion of a personnel matter with Chief Moszkowicz in executive session. Seconded by Vice Chair Toci, no discussion, all were in favor, and it carried unanimously. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Bertsch 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 11:01 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 1:03 p.m. Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 6 ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints ➢ HPC 23-09: Complainant alleges the officer has been making false reports of loose dogs to harass his neighbor. Commissioner Bertsch motioned to refer to the chief for an investigation by the Office of Professional Standards. Commissioner Quartararo seconded, with no discussion and it carried unanimously. ➢ HPC 23-12: Complainant alleges he was forced to do a sobriety test for no valid reason. Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Vice Chair Toci seconded, with no discussion and it carried unanimously ➢ Complaint in the non-acceptance category: o HPC 23-16: Commissioner Bertsch motioned to accept the chair's decision to decline the investigation due to the 90-day rule. Vice Chair Toci seconded, with no discussion, and it carried unanimously. • Request for representation by Corporation Counsel ➢ Correspondence No. 23-08: Gidget Quilter v. Cathy Betts, ET AL, in Civil No. 23-00170 HG-KJM. Motion to approve representation for Chief Moszkowicz and Officer Kamau made by Commissioner Bertsch, seconded by Vice Chair Toci. Discussion: Commissioner Quartararo stated the State of Hawaii Police Commission Conference really opened his eyes to how they should be reviewing requests for legal representation. No further discussion and it carried unanimously. • Personnel discussion with Chief Moszkowicz ➢ Commissioner Bertsch made a motion to allow Chief Moszkowicz the ability to temporarily assign a deputy chief at his discretion. Commissioner Lassiter seconded, with no discussion and it carried unanimously. Chair Robinson announced that he would like to appoint a Rules Committee to review the Police Commission's Rules. He would like to appoint Commissioner Sur and Commissioner Bertsch. DCC Frenz advised that under Sunshine Law, you would need a motion to amend the agenda. Chair Robinson stated they will put it on the next agenda. DCC Frenz advised reviewing §92-7. Commissioner Bertsch stated Police Commission Rule 3, Organization allows the chair to appoint at any time. DCC Frenz advised that the Sunshine Law requires that the public has notice. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for July 21, 2023, at 9:00 a.m. at the West Hawaii Civic Center, Build A Council Chambers. Hawaii Police Commission Regular Session Minutes June 16, 2023 Page 7 Commissioner Bertsch stated he would like to make a motion that the chair craft a letter requesting representation at the next Salary Commission meeting. Chair Robinson stated he will do that and asked DCC Frenz to let them know when the next meeting is. She stated it's scheduled for July 11th,at Hilo Council Chambers. Commissioner Sur wanted to know when they will discuss their secretary's position. Chair Robinson stated he will call Human Resources to find out if the secretary position can be reallocated, and inquire why it falls only under the Police Department's budget and not Fire's when she is the secretary to both commissions. He will also inquire about getting her some relief, a backup position. Commissioner Bertsch explained the history of the position and stated that they tried to get it reallocated in the past with no success. ADJOURNMENT The meeting adjourned at 1:21 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR