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HomeMy WebLinkAbout2023-07-21 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES JULY 21, 2023 WEST HAWAII CIVIC CENTER, BUILDING A, COUNCIL CHAMBERS 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 Denby Toci, Vice Chair Dylan Andrion, Commissioner Travis Ing, Commissioner Pudding Lassiter, Commissioner Josephine Pelayo, Commissioner Rod Quartararo, Commissioner Absent: John Bertsch, Commissioner Anthony Sur, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Kenneth Quiocho, Assistant Chief Sherry Bird, Major Thomas Shopay, Major Tuck Loy Aurelio, Captain Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES • DCC Frenz suggested noting that she participated via Zoom. Commissioner Andrion motioned to approve the regular and executive session minutes for June 16, 2023. Seconded by Commissioner Lassiter with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Assistant Chief Quiocho reported through June 30, 2023, there were 5,953 serious crimes. Of those 5,953 serious crimes, Area I and Area II criminal investigation units investigated 802 of those, 454 were investigated in Area I and 348 were investigated in Area II. • Calls for Service: For the month of June 2023 the department received 11,004 calls for service, bringing the total number of calls for service for the fiscal year to 125,255. Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 2 There was a discussion between Vice Chair Toci and AC Quiocho focusing on thefts and efforts to deter them. This included the mention of prior collaborative efforts with stores. Commissioner Quartararo inquired about the procedure when he becomes a witness to a crime or when reporting a crime. He raised concerns about whether his name would be disclosed to the perpetrator at the time of reporting. AC Quiocho confirmed that such information is disclosed. This led to a broader conversation encompassing issues such as the potential deterrence in reporting crimes, legal cases, hesitancy to report, and the significance of anonymous complaints. Commissioner Quartararo wanted to know the value of neighborhood watch programs. In response, AC Quiocho elaborated on the positive impact of such programs, highlighting their role in enhancing community vigilance, responsiveness, and information sharing related to possible crimes or suspects. The key benefits of neighborhood watch programs were outlined as follows: enhancing information dissemination, fostering a collaborative relationship with law enforcement, and nurturing a sense of communal vigilance and mutual support among neighbors. Chair Robinson wanted to know the difference between aggravated assaults and attempted murders. AC Quiocho clarified that the severity of the injury and the intent behind the incident play a pivotal role in determining the appropriate charge. He further indicated that statistical data might not consistently reflect the eventual outcome of a case, as plea agreements or modifications to charges could lead to changes in the charges initially presented. • Traffic Report: Major Bird reported that as of July 11, 2023, traffic crashes are at 890, compared to 811 last year. Traffic fatalities are at 24 compared to 34 last year. The DUI fatality count is at 14, compared to 21 last year. DUI arrests are at 955, compared to 1,014 last year. For the month of June 2023, there were 67 DUI arrests compared to 89 in May 2023. For the month of June 2023, a total of 5,064 citations were issued: 3,488 for moving/regulatory, 345 for seat belts, 18 for child restraint, and 1,213 for speeding. Chair Robinson referred to the DUI fatality count within the county, highlighting a decrease from 21 last year to 14 this year. He inquired whether this difference would remain statistically significant if observed over a longer timeframe. In response, Major Bird was unable to provide a statistical comparison covering an extended period of time. • Personnel Report: Major Shopay reported sworn police vacancies through July 17, 2023, are 78 in the field, not including seven in the 97t" recruit class, with a total of 64 actual positions unfilled. There are 28 filled positions and 11 vacancies for police communication officers, and five filled positions with zero vacancies for supervising police communication officers. The department has filled 420 of the 484 sworn Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 3 positions (87%) and 124 out of 156 civilian positions (79%). Seven officers in the 97th recruit class have moved to field training. There were seven new hires for the 98th recruit class that started July 7, 2023, and will be in academic training from July to January 15, 2024. For the 99th recruit class, there were a total of 267 applicants, 99 took the written test, 72 passed the written test, 72 were invited to attend the physical agility, 60 showed up, 47 passed the test, and 33 applicants completed their personal history questionnaires (PHQ). The backgrounds are pending clearance for finalization. There are also internal recruitments for Police Officer III positions. The screening of the applicants has been completed, pending the scheduling of the interview process and selections. Police Officer I recruitments opened on May 14, 2023, and it is continuous recruitment. The first written exam took place during the week of June 26t" and the physical agility was initially slated for July 19th. However, due to inclement weather conditions, it had to be rescheduled and is now set to occur on the 26th. The next set of written exams for continuous recruitment will be held the week of July 31 St and subsequent physical agility will be on September 20, 2023. A recruitment bonus for police communication officer positions has resulted in a high number of applicants. Three interviews are being conducted today and the realistic job preview is scheduled for July 26t" • Finance: Major Shopay reported the overall target expenditure for the end of the fiscal year was 100%, the actual is 86.11%. Salary expenditures through June 30t" were 98.5%. Regular salaries and wages were 86.9%, and overtime salary and wages were 374.35%, considering the shortage of positions. Miscellaneous salaries and wages were 141.99%. Commissioner Pelayo asked for a copy of his written report. In response, Major Shopay assured her that he would provide the report to her. Vice Chair Toci inquired about the procedure for offering the recruitment bonus to applicants. In response, Major Shopay mentioned collaborating with County HR to devise a more compelling strategy for recruitment, aligning with practices observed in other jurisdictions. The recruitment bonus consists of an initial incentive and a retention bonus granted upon fulfilling a specific tenure with the county. Vice Chair Toci inquired about the eligibility of police officers for this bonus. Chief Moszkowicz clarified that police recruits are provided a bonus of$1,000, while communication officer positions offer a bonus of$3,000. Chair Robinson referred to the Salaries &Wages Report, confirming that there was a return of$678,000 to the county due to being under budget. Chief Moszkowicz corrected the amount, stating that the report indicates $860,000. The report highlighted $7.15 million returned in salaries and wages, coupled with a $6.05 million overtime deficit and a $237,000 deficit. Ultimately, the net result of these figures was a return of $860,036. Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 4 Chair Robinson sought clarification regarding the nature of the $678,000. It was explained that this sum represents cash in lieu of vacation payouts to employees who leave or retire, reflecting their accrued earned leave. The topic of personnel prompted a discussion concerning the workload of the Police Commission secretary, who serves both the Police Commission and Fire Commission. Chair Robinson conveyed the Police Commission's desire to either relieve her of her responsibilities with the Fire Commission or provide her with an assistant. He noted that during the Police Chief selection process, her workload was substantial. He mentioned that Ms. Correa is a Police Department employee and proposed that the chief initiate a dialogue with County HR to explore options such as assigning her an assistant or establishing a distinct position within the Fire Department. Chief Moszkowicz explained the position description is written to support both departments simultaneously. Therefore, addressing this concern would require involving County HR and their own HR departments. They would assess the workload and determine if it's too extensive for a single individual, potentially leading to the creation of a new position under either the Fire Department's administration or as a separate entity within HPD. He emphasized that the present fiscal year is an opportune time for this discussion, given that the budget for the previous year is already finalized. He mentioned that he is already scheduled to discuss 4-5 positions with council members and would include this matter in those discussions. Commissioner Quartararo and Chief Moszkowicz discussed budgeting for overtime, considering the option of modifying the budget to align with upcoming hiring requirements. • Commendations: Chief Moszkowicz reported receiving nine commendations, involving five personnel since the last Police Commission meeting in recognition of outstanding services. Four from South Hilo and five from Kona. Officer Leonard Warren was named the Kona Crime Prevention Committee's Officer of the Month for July 2023. Additionally, Officer Wyatt Nahale was honored by the Hawaii County Council with the Haweo Award. • Chief Moszkowicz reported on other department activities and updates: ➢ The 97tn recruit class ceremony was held on July 14tn, at the Hilo Hawaiian Hotel. ➢ The 98tn recruit class started on July 17tn, they are expected to start field training in January 2024. ➢ The "80 for 80" project by HPD was concluded in June. ➢ They organized an 80th birthday celebration for HPD on June 30tn ➢ As of July 1 st, Animal Control and Protection is now under the supervision of the managing director's office. Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 5 ➢ HPD is reaching the end of its four-year re-accreditation cycle. The CALEA on- site assessment will be from August 7t" to 10t" ➢ The International Association of Chiefs of Police (IACP) conference will be held in San Diego, CA, in October. HPD has been selected to be highlighted at this year's conference. NEW BUSINESS • Appointment of a rules committee to review the Police Commission's Rules of Practice and Procedure: Four commissioners who expressed their interest have been appointed to the rules committee. The Permitted Interaction Group will be comprised of Commissioners Pelayo, Lassiter, Ing, and Chair Robinson, who have announced their intention to arrange a remote meeting in the near future. UNFINISHED BUSINESS • Video recording for preservation and publication: The commission addressed technical challenges encountered during Zoom meetings, the necessity for support, and adherence to the Sunshine Law's regulations. Chair Robinson put forward the suggestion of deferring this topic to the upcoming meeting, allowing the commission time to contemplate the specifics before reaching a decision through a vote. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Quartararo 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 Lassiter, with no discussion, it carried unanimously. Executive session convened at 10:17 a.m. Motion to reconvene open session made by Commissioner Lassiter, seconded by Commissioner Ing, with no discussion, and it carried unanimously. Regular session reconvened at 1:00 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints ➢ HPC 23-13: Complainant alleges the officer was rude and condescending. Commissioner Andrion motioned to defer to the next meeting in Kona with body-worn camera footage provided. Seconded by Commissioner Ing. Discussion: Commissioner Andrion stated he feels the footage will help them move forward with a decision, without it, they don't have all the information they need. Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 6 o Ms. Correa called the vote by roll call: Commissioner Andrion: yes, Commissioner Pelayo: yes, Commissioner Lassiter: no, Commissioner Quartararo: no, Vice Chair Toci: yes, Commissioner Ing: yes, the motion carried. Commissioner Pelayo conveyed that the officer expressed his decision not to attend the meeting without offering any explanation. As a result, she urges the sending of a letter to him, strongly recommending his attendance at the meeting or, alternatively, requesting a written statement. ➢ HPC 23-14: Complainant alleges officers did not investigate her report accurately, failed to communicate effectively, and did not provide her with adequate information needed. Commissioner Andrion made a motion to decline, with insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Ing, with no discussion, it carried unanimously. ➢ HPC 23-15: The complainant alleges that he was harassed by officers who showed up at his residence on multiple occasions to conduct welfare checks, following false accusations. Commissioner Andrion made a motion to decline, with insufficient evidence to prove the complainant's allegations of misconduct. He further explained he could sympathize with the family's situation, but their frustration is with the other party, not actually with the officers. He feels the officers did a good job, they're obligated to follow their duties. Commissioner Pelayo seconded, with no discussion, and it carried unanimously. ➢ HPC 23-21: The complainant alleges the officer drew his firearm when she posed no threat to him. Commissioner Andrion made a motion to defer to the next meeting in Kona. Seconded by Commissioner Lassiter, with no discussion, and it carried unanimously. • Complaints in the non-acceptance category. ➢ HPC 23-18: The complaint's interest is not of the type which would give that individual standing to maintain action in court of law, and the complainant is not an eyewitness to the events which are the basis of the complaint. Commissioner Andrion motioned to accept the chair's decision to decline the investigation. Commissioner Pelayo seconded, with no discussion, and it carried unanimously. ➢ HPC 23-22: Commissioner Quartararo made a motion to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Commissioner Lassiter. Commissioner Pelayo noted that the complaint is being investigated by OPS. No further discussion, it carried unanimously. Hawaii Police Commission Regular Session Minutes July 21, 2023 Page 7 ➢ HPC 23-23: Commissioner Andrion made a motion to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Vice Chair Toci, with no discussion, it carried unanimously. ➢ HPC 23-24: Commissioner Andrion made a motion to accept the chair's decision to decline the investigation due to the 90-day rule. Seconded by Commissioner Pelayo, with no discussion, it carried unanimously. UNFINISHED BUSINESS • Debriefing on the chief selection process (tabled on 2-17-23): Commissioner Andrion made a motion to defer this to the next meeting, seconded by Commissioner Ing. Discussion: Commissioner Andrion expressed his willingness to participate in the discussion, as this marked his final meeting. He further proposed that the chair or vice- chair send a memo to the commissioners, notifying them that this would be the last opportunity for debriefing. Commissioner Pelayo recommended including this information in the minutes, stating "final continuance." DCC Frenz informed Commissioner Andrion that if he wished to provide input at the next meeting, he would need to do so as a public testifier. No further discussion, all were in favor, no oppositions, and the motion carried. Commissioner Quartararo conveyed gratitude to Commissioner Andrion for his dedicated months of service to the commission. In response, Commissioner Andrion expressed his appreciation for the opportunity to serve alongside fellow members, describing it as both a joy and a privilege. He highlighted the accomplishment of significant tasks, with the pinnacle being the successful selection of a great police chief. ANNOUNCEMENTS Vice Chair Toci announced the next meeting is scheduled for Friday, August 11, 2023, at 9:00 a.m., at the County Building, Council Chambers, Suite #1401, 25 Aupuni St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 1:17 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR