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HomeMy WebLinkAbout2023-08-31 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES AUGUST 31, 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 9:07 a.m. Present: Rick Robinson, Chair Travis Ing, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Absent: Denby Toci, Vice Chair John Bertsch, Commissioner Josephine Pelayo, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Reed Mahuna, Acting Deputy Chief Andrew Burian, Assistant Chief Sherry Bird, Major Scott Amaral, Acting Major Tuck Loy Aurelio, Captain Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES • Commissioner Ing motioned to approve the regular and executive session minutes for July 21, 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: Acting Major Amaral reported through July 31, 2023, there were 429 serious crimes: 49 burglaries, 9 robberies, 225 thefts, 34 auto thefts, 14 sexual assaults, 2 attempted murders, and 96 aggravated assaults. He pointed out a discrepancy in the report, there were no murders (the report shows there were 1). Of these 429 serious crimes, the Area I and Area II Criminal Investigation Units investigated 65 of those cases: 28 in Area I and 37 in Area II. • Traffic Report: Major Bird reported that as of August 9, 2023, traffic crashes are at 65, compared to 83 last year. Traffic fatalities are at 0 compared to 4 last year. The DUI fatality count is at 0 compared to 3 last year. DUI arrests are at 74, compared to 80 last Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 2 year. DUI arrests for the month of July 2023 are 67, compared to 67 in June 2023. For the month of July 2023, a total of 4,160 citations were issued: 2,739 for moving/regulatory, 332 for seat belts, 17 for child restraint, and 1,072 for speeding. Commissioner Quartararo inquired about high-traffic crash areas. Major Bird discussed potential measures like increased police presence and collaboration with highway authorities for design improvements. Commissioner Quartararo asked about the time it takes to implement recommendations, and Major Bird noted that it can be challenging to achieve quick turnarounds. Commissioner Quartararo inquired about clearance rates, specifically mentioning the report's 10 unsolved murders. Acting Major Amaral clarified that clearance rates may relate to incidents from the past year or even several years ago, as cases can be sent to the prosecutor's office or go through a grand jury process and there was an arrest. Therefore, the numbers may not align precisely and can show significant percentage increases. Clearance, in this context, refers to when they arrest and charge someone or the investigation is sent to the prosecutor's office. Chair Robinson asked if the difference in burglary rates between Area 1 (33) and Area II (16) could be attributed to a higher population in Area I. Acting Major Amaral, formerly in charge of Puna Patrol, indicated that while he couldn't provide a specific answer, he noted that most burglaries occurred in the Puna district due to its rural nature, large acreage, and older subdivisions that provide more opportunities for criminals to go unnoticed. Chair Robinson inquired about clearance rates for burglaries, noting that in Area I, there were 4 cases with 4 clearances, while in Area 11, there were 19 cases with only 1 clearance. He questioned the discrepancy, considering that more cases occurred in Area I. Acting Major Bird explained that not all cases are cleared in the same month they're reported; some investigations take time to develop, and cases may be sent to prosecutors. Acting Major Amaral clarified that clearance rates are related to the Criminal Investigation Division (CID), but many burglaries are solved at the patrol level and don't get sent to CID. Chair Robinson also asked if there's a report showing the dollar amounts and specifics of these crimes. Acting Amaral mentioned that individual officer reports contain valuations, item lists, and brief descriptions of the items taken, entry points, etc. However, these details were not included in the provided reports, and without delving into individual cases, they couldn't provide those numbers. Chair Robinson inquired about the felony threshold in terms of the dollar amount, and Acting Major Amaral explained that burglary is automatically considered a felony regardless of the dollar amount involved. Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 3 • Personnel Report: Assistant Chief Burian reported as of August 25, 2023, there are 77 sworn police vacancies. When subtracting six positions from the 97th Recruit Class and seven positions from the 98th Recruit Class, there are currently 64 actual unfilled positions in the field. There are 27 filled and 12 vacant Police Communications Officer II positions, while Supervising Police Communications Officer positions have five filled and zero vacant. Overall, the department has filled 87% of its sworn positions (420 out of 484) and 79% of its civilian positions (124 out of 156). • Police Officer I Recruitment Activities: Assistant Chief Burian reported the 98th Recruit Class began with seven new hires on July 17, 2023, and will be in academic training until January 15, 2024. The 97th Recruit Class, which initially had nine new hires starting on January 17, 2023, has now transitioned six of its members to field training from July 16, 2023, to November 15, 2023. For the sworn recruitment (99th Recruit Class) that occurred from February 5, 2023, to February 14, 2023: A total of 267 individuals applied. Of those applicants, 99 took the written test, with 72 passing. On April 26, 2023, 72 applicants were summoned for agility testing, 60 showed up, while 12 were no-shows. Out of those who attended, 47 passed, 13 failed, and 33 applicants completed the Personal History Questionnaire (PHQ) packet by the deadline. Currently, there are 31 eligible applicants, and the class start date is projected to start on November 16, 2023. • Recruitments: Interviews for PO III were conducted, they have a list, and made a couple of temporary promotions in the most urgent areas. PO I continuous recruitment (100th Recruit Class) opened on May 14th. The first written exam was on June 26th and the first agility was held on July 19th, 34 passed. Some applicants were unavailable. There was a makeup agility on August 14th of five applicants, one no-show, four passed, and one failed. Applicants who failed the initial agility test will be provided the opportunity to retake it on September 20th. The next set of written examinations for the Police Officer I (Recruit) continuous recruitment was held on July 31, 2023, and the week of September 17, 2023. The subsequent physical agility will be held on September 20, 2023. Commissioner Lassiter asked if applicants fail the agility the second time, could they retake it for a third time? AC Burian explained they would have to re-apply and take the test again, it's limited to two tries. AC Burian noted that it's been a priority to hire dispatchers and things are starting to improve. There was further discussion between AC Burian and Chair Robinson regarding continuous recruitment for Police Officer I positions. Chair Robinson mentioned that he had spoken with the CALEA assessor who had positive feedback about the continuous recruitment process. Chair Robinson also raised the idea of providing training for Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 4 recruits on both the Kona and Hilo sides. AC Burian noted that they are not averse to that idea but that the feasibility depends on logistical considerations. • Finance: Assistant Chief Burian reported for July 31, 2023, HPD's targeted overall expenditure was 12.67% and the actual was 12.35%. Targeted salaries and wages expenditures were 12.50% and the actual was 11.87%. Regular salaries and wages were at 10.55%. Overtime salaries and wages were 33.22% and miscellaneous salaries and wages were 14.99%. Chair Robinson wanted to know why the target expenditures for salaries and wages differ from the overall target. Chief Moszkowicz clarified that the difference was due to a payroll lag aimed at cost savings from the previous fiscal year. • Commendations and Awards: Chief Moszkowicz reported receiving eight commendations, involving eleven personnel since the last Police Commission meeting in recognition of outstanding services. Additionally, not mentioned in the report: Officer Lawrence Matsumoto received the Kona Crime Prevention Committee's Officer of the Month Award for August 2023. Officer Elik Vodovoz from the East Hawaii Vice Unit received a commendation for an undercover operation. Police Communications Officer II, Shanna Dellomes-Badon, was recognized as the dispatcher of the second quarter. A letter was received from a satisfied individual who had a positive experience while receiving a ticket from Officer Jenna Kosinski-Santos in Kau. • Chief Moszkowicz reported on other department activities and highlights: o Promotional ceremony is scheduled for November 2, 2023, in the afternoon or evening at the West Hawaii Civic Center in Kona. o The CALEA on-site assessment was successful, and as a result, they are set to attend the annual CALEA Conference in Bellevue, Washington in November, where they will receive the department's third re-accreditation. o On July 22nd HPD and HI-Pal (Hawaii Isle Police Activities League) held a BMX rally in Honokaa. o Police Officer I recruitment has been updated with some changes. In 2023, a third class has been introduced. Currently, there are 31 applicants in the final stages, and they are in the process of receiving conditional job offers for a class set to commence in November. Additionally, another group of 30-35 recruits is expected to start either in November or February. o Meeting with the Department of Human Resources to discuss converting vacant position numbers into contracts. These will be either 89-180-day contracts and will serve the purpose of bringing in retired detectives to focus on reducing the backlog of background checks. As part of the future plan, these background investigator positions will be civil service positions. o In the upcoming fiscal year, he intends to introduce several new positions within the department, including a grant manager, an HR specialist, a Marriage and Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 5 Family Therapist to provide free counseling services to department personnel and their families, and an Analyst. o A wildfire ravaged Lahaina on August 8th, prompting HPD to deploy 12 officers initially for access control to secure affected areas. Presently, 12 officers continue to assist in maintaining control over the affected zones and helping with calls for service in the Lahaina area. To ensure ongoing support, there is a weekly rotation of 12 officers in and out every Friday. o In support of the President's visit, 20 personnel were flown to Maui to assist with traffic posts, site security, and support to the emergency operations center. Commissioner Ing inquired whether the Police Communication Officers (PCOs) were sent to Maui officially or if they volunteered. Chief Moszkowicz clarified that, to the best of his knowledge, the PCOs did not go in response to an official request. Along with sworn officers, their Public Information Officer (PIO) was sent for a two-week period. He was not aware of any dispatchers being sent to Maui. Commissioner Lassiter commended Chief Moszkowicz for providing assistance to Maui. Chair Robinson asked Chief Moszkowicz if he's had any success working with Human Resources to get a support person for their secretary. The Chief explained they are undergoing a similar process with clerks and the entire Records and Identification Section. He has consistently reminded the HR Director about this request. The request for changes in the Records Section was made over a year ago, HR did their investigation and came back with suggestions on how to reallocate and or reassign those positions. Chief Moszkowicz stressed the importance of this matter and expressed hope for a quicker resolution. He suggested that the commission write a letter to the HR Director to emphasize their support. Chair Robinson asked if the commission would authorize him to write such a letter on their behalf. Commissioner Lassiter made a motion to authorize Chair Robinson to write the letter, seconded by Commissioner Ing, without further discussion, the motion carried. Recess was called at 10:08 a.m. The meeting reconvened at 10:25 a.m. NEW BUSINESS Correspondence No. 23-08: Salary Commission's inquiry to the appointing authorities concerning proposed salary adjustments for fiscal year 23-24. Chair Robinson mentioned that he couldn't attend the previous Salary Commission meeting but intends to be present at the next one. He expressed the belief that the Chief and Deputy Chief should receive fair compensation and suggested that their salaries be raised. Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 6 Chief Moszkowicz stated that he, along with the deputy and some staff won't be able to attend the next Police Commission meeting and asked if they could reschedule the meeting. Ms. Correa proposed September 22nd as a potential date and mentioned she would check on venue availability. UNFINISHED BUSINESS Video recording for preservation and publication: Chair Robinson stated at the previous meeting, the decision was not to proceed with video recording and publication. Ms. Correa reminded the commission that at the last meeting, it was discussed that they would think about it and take a vote on it. Chair Robinson then asked if any commission members were interested in recording and publishing the meetings for preservation, opening the floor for discussion. No one expressed interest, so he called for a motion to confirm the decision not to proceed with it. Commissioner Sur motioned not to proceed with video recording for preservation and publication, seconded by Commissioner Lassiter. Chair Robinson explained that this decision was made due to the numerous requirements associated with it. Commissioner Sur suggested they could reconsider this in the future when there are changes to the secretary position. There was no further discussion, and it carried unanimously. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Ing 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 10:32 a.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 1:07 p.m. Recess was called at 1:07 p.m. The meeting reconvened at 1:15 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: • HPC 23-17: Complainant alleges her theft report wasn't taken seriously. Commissioner Quartararo motioned that there is insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Sur seconded, with no discussion and it carried unanimously. • HPC 23-19: Complainant alleges the officer failed to provide her with proper assistance and failed to return her phone calls. The commission deferred this complaint to the next meeting in Kona. Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 7 • HPC 23-20: Complainant alleges the officer was overbearing towards her minor child and officers failed to perform their duties as required. Commissioner Lassiter motioned that there is insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Sur seconded, with no discussion and it carried unanimously. • HPC 23-25: During a traffic stop, the officer was allegedly unprofessional, confrontational, and used profane language. Commissioner Lassiter motioned that there was insufficient evidence to prove the complainant's allegation of misconduct, and with no second, the motion failed. Commissioner Sur made a motion to refer to the chief for customer service concerns as noted in the complaint. Commissioner Quartararo seconded, with no discussion and it carried unanimously. • HPC 23-26: Complainant alleges the officer was rude and unprofessional, and had their vehicle unjustly towed under Aliyah's Law. Commissioner Ing motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Sur seconded, with no discussion and it carried unanimously. • HPC 23-28: Complainant alleges that the traffic stop was unjustified. The officer was hostile and wrongfully accused him of speeding. The commission deferred this complaint to the next meeting in Kona. • Complaint in the non-acceptance category: o HPC 23-29: Commissioner Quartararo motioned to accept the chair's decision to decline the investigation due to the 90-day rule. Commissioner Sur seconded, with no discussion, and it carried unanimously. ANNOUNCEMENTS Chair Robinson announced the next regular meeting has been rescheduled for September 22, 2023, at 9:00 a.m. at the West Hawaii Civic Center, Building A Council Chambers. The HSLEOA Conference will be held September 27-29, 2023, in Waikoloa. In executive session the chief selection process was discussed and the commission agreed to remove this item from the agenda. DCC Frenz stated that the police chief sent an email to clear things up for the commission. His email stated that during today's meeting, Acting Major Amaral presented the crime report. The written version indicated that in July there were 10 murder cases investigated by Area I CIS, none of which had been cleared. This sparked a question from one of the commissioners about clearance rates. After returning to the station and speaking with the person who created the report, he wanted to pass along that there were zero reported Hawaii Police Commission Regular Session Minutes August 31, 2023 Page 8 murders in the month of July. The indication of 10 murders in Area I was a typographical error. They will correct the error and double-check the report more closely for next month's meeting. ADJOURNMENT Commissioner Quartararo motioned to adjourn the meeting, seconded by Commissioner Sur, it carried unanimously, and the meeting adjourned at 1:31 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR