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HomeMy WebLinkAbout2023-09-22 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 22, 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 9:10 a.m. Present: Rick Robinson, Chair John Bertsch, Commissioner Travis Ing, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Absent: Pudding Lassiter, Commissioner Josephine Pelayo, Commissioner Denby Toci, Vice Chair A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Reed Mahuna, Acting Deputy Chief Sherry Bird, Major Thomas Shopay, Major Scott Amaral, Acting Major Tuck Loy Aurelio, Captain Suzanna Tiapula, Deputy Corporation Counsel (remotely) Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Alohalani Cermelj addressed the commission and shared her concerns. She mentioned that her hanai son was killed at the King Kamehameha Hotel on December 19, 2022, which resulted in his death. She expressed her desire to obtain police reports related to this incident but was informed that they couldn't be provided due to the ongoing investigation. Additionally, she raised concerns about human trafficking and wrote to Chief Moszkowicz about this issue. Ms. Cermelj has requested a meeting with someone from the Kau Station to confidentially share information regarding her concerns about human trafficking. Ms. Cermelj added that she recently filed a police report in Kapaau, highlighting that while incidents in North Kohala are relatively infrequent, it is essential for officers to diligently follow up on reports when they do occur. Chair Robinson inquired if Ms. Cermelj's hanai son had indeed been a victim of murder at the King Kamehameha Hotel. Ms. Cermelj confirmed this, recalling her previous appearance before the commission two meetings ago. She described how her son had been transported to the Kona Hospital and subsequently subjected to an autopsy. This experience had been distressing and traumatic for the family, and they are seeking Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 2 closure. Ms. Cermelj mentioned that the Fire Department had provided her and her hanai son's father with their report in January 2023. In response to Chair Robinson's question about the last name, Ms. Cermelj clarified that her hanai son's last name is Kalua'u, and she serves as the hanai mother for the family. APPROVAL OF MINUTES • Commissioner Quartararo motioned to approve the regular and executive session minutes for August 31, 2023. Seconded by Commissioner Sur 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: Acting Major Amaral reported through August 31, 2023, there were 951 serious crimes: 89 burglaries, 11 robberies, 531 thefts, 81 auto thefts, 42 sexual assaults, zero murders, two attempted murders (discrepancy in the report), and 195 aggravated assaults. Compared to last fiscal year, the numbers are consistent. There has been a slight increase in crimes in Area II. Of those 951 serious crimes, Area I and Area II criminal investigation units investigated 115 of those, 45 were investigated in Area I, and 70 were investigated in Area II. • Calls for Service: For the month of August 2023 the department received 10,483 calls for service, bringing the total number of calls for service for the fiscal year to 20,701. • Traffic Report: Major Bird noted there was another discrepancy in the report, the date in the report says August 9, 2023, when it should be September 8, 2023. She reported that as of September 8, 2023, for this fiscal year, traffic crashes are at 133, compared to 162 last year. Traffic fatalities are at one compared to five last year. There were zero DUI fatalities, compared to four last year. DUI arrests are at 151, compared to 146 last year (discrepancy in report). For the month of August 2023, there were 77 DUI arrests compared to 67 in July 2023. For the month of August 2023, a total of 4,774 citations were issued: 3,328 for moving/regulatory, 285 for seat belts, 14 for child restraint, and 1,147 for speeding. Chair Robinson inquired about the possible cause behind the rise in DUI arrests. Specifically, he asked if this increase was due to heightened enforcement efforts. In response, Major Bird clarified that the increase in DUI arrests could be attributed to the presence of proactive officers who are vigilant, and dedicated to ensuring the safety of our roadways. • Personnel Report: Major Shopay reported sworn police vacancies through September 13, 2023, 78 in the field, with 65 actual positions unfilled, considering the recruit classes, with six in the 97t" and seven in the 98t". Regarding police communication officers, there are currently 27 positions filled and 12 vacancies. Supervising police Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 3 communication officers are fully staffed, with five filled positions and no vacancies. The department has filled 419 of the 484 sworn positions (87%) and 126 out of 156 civilian positions (81%). The 981h recruit class with seven new hires started on July 17, 2023, and will be in academic training until January 15, 2024. Six recruits in the 97th recruit class moved into field training. They will hit the road after field training on November 15, 2023. Recruitment for the 99th recruit class ran from February 5-14, 2023. There were 267 applicants, 99 took the written test, 72 passed the written test, 72 were summoned to the agility, 60 applicants showed up, 47 passed, and 13 failed. Out of those 13 that failed the agility, there was an opportunity to retake, which occurred this week. The tentative start date for the 99th recruit class is November 16, 2023. Internal recruitments for PO III ran internally within the department from September 11- 20, 2023, interviews were completed. Positions for School Resource Officers (SRO) are looking to be filled, along with other PO III positions in November. Recruitment for PO I is continuous. The first written exam took place on June 26, 2023, followed by the physical agility test on July 26, 2023. Out of the initial group, 34 applicants successfully passed the physical agility test. Agility was scheduled for the last group on September 20th.This group consisted of 13 individuals who needed to retake the agility test from the earlier group that did not pass. Among this group, one applicant passed, six failed, and six did not appear for the agility test. Out of the new applicants in that group, there were 47 attendees for that agility test, 17 passed, 19 failed, and 11 did not show. Out of those 19 failures, they'll have the opportunity to retake the next agility test with the new recruitment. There was further discussion regarding the continuous recruitment process, sworn vacancies within the department, and long-term trends. Chief Moszkowicz noted that, based on available data, the department has not been at 100% staff capacity for at least the past 12 years. The ongoing recruitment efforts aim to continue adding to the staffing levels, ultimately working toward achieving full staffing. Commissioner Bertsch inquired about the possibility of holding a recruit class on the west side of the island to attract more applicants, perhaps running two classes on the east side and one on the west side. Chief Moszkowicz explained that with the move to having three classes annually, they anticipate a situation in November where one class is 23 months into training while another is just starting. They're looking at balancing out those classes and having portions of each class either done on the west side or at PTA, or different places. He noted that firearms training occurs in Waimea, so 100% of the class isn't in Hilo. Running multiple classes with different geographic locations consistently might pose a Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 4 challenge due to their small staff. Nonetheless, they are exploring this possibility as they move forward. Commissioner Quartararo inquired about the average and median ages of recruits. Chief Moszkowicz indicated that they currently do not possess this data but would look at demographics. Additionally, Commissioner Quartararo asked about the geographical origin and the gender breakdown of recruits. He was reminded that Assistant Chief Burian had previously conducted this analysis and that the information was available. • Finance: Major Shopay reported the overall target expenditure for the month ending August 31, 2023, was 20.89% and the actual is 20.00%. Commissioner Quartararo mentioned that the CIU report indicates an expenditure of 284.11% of the budget. Chief Moszkowicz clarified that this primarily relates to overtime expenses incurred by a specific, smaller group of personnel. The percentage is skewed when any operation involving this group relies heavily on overtime for a day or two. Notably, there was a substantial amount of overtime at the beginning of the fiscal year due to the deployment of officers to Maui. It's important to note that even though these officers were in Maui, their wages, salaries, and overtime expenses will appear in their respective home assignments. The department is anticipating possible reimbursement from the State HI-EMA or Federal FEMA in the future. • Commendations: Acting Deputy Chief Mahuna shared commendations received for outstanding service, and Officer Anson Caceres was honored as the Kona Crime Prevention Committee's Officer of the Year for 2023. • Acting Deputy Chief Mahuna reported on other department activities and updates: o CALEA on-site assessment was a success. He and the chief are set to attend Washington State to accept HPD's next accreditation award. o Friday, September 15t" was the last deployment of officers to Maui County. o Inter-County Criminal Intelligence Unit (ICCIU) was held in Waikoloa, on September 6-8, 2023. o The 2023 HI-Pal basketball tournament was held August 25-27, 2023. o Kona Community Policing conducted their 3rd annual Fill a Cruiser event at Costco, on September 1 st and collected well over 2,000 pounds of food, as well as monetary donations. The cash donations were donated to the Maui Food Bank and the donated food stayed here on Hawaii Island. Commissioner Bertsch congratulated the department on receiving CALEA re-accreditation. Chair Robinson stated while speaking with the CALEA assessor, he noted that the department didn't have barracks, considering the size of the island. Other than that, he was extremely complimentary of the staff and how the department was organized. Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 5 Chief Moszkowicz shared that the County possesses multiple acres of land in the Keaau/Pahoa area. The long-term plan is to establish a joint Police and Fire training facility on this land. The concept of barracks has been discussed with Fire Chief Todd in relation to this project. Commissioner Ing inquired about feedback from the assessor regarding areas for improvement. Chief Moszkowicz mentioned they received an 88-page preliminary report from CALEA, and they have the opportunity to respond. However, they don't anticipate providing a response since they have already met all the critical requirements, either beforehand or during the on-site assessment. While there are some optional standards they haven't met, they have successfully addressed all the critical standards that apply. Acting Deputy Chief Mahuna mentioned that the only issue he observed, which has already been addressed, pertained to the chaplain uniforms. CALEA had expressed the need for a clear distinction between chaplain uniforms and regular police uniforms. The department has rectified this by obtaining separate uniforms for chaplains to wear during mobile duties. However, they will still utilize their existing uniforms for ceremonial occasions, such as recruit graduations. Chief Moszkowicz invited the commission to save the date for Thursday, November 2, 2023, around 5:00 or 5:30 PM, as a promotional ceremony is scheduled at the West Hawaii Civic Center in Kona. Presently, they anticipate promoting six officers to the rank of Police Officer III. Additional information, including the exact time, will be provided in the upcoming meeting. 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, it carried unanimously. Executive session convened at 10:00 a.m. Regular session reconvened at 1:42 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: • HPC 23-13: Complainant alleges the officer was rude and condescending (cont. 7- 21-23). Commissioner Sur motioned that there was insufficient evidence to prove the complainant's misconduct allegations. Seconded by Commissioner Ing, with no discussion, it carried unanimously. Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 6 • HPC 23-19: Complainant alleges the officer failed to provide her with proper assistance and failed to return her phone calls (cont. 8-31-23). Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's misconduct allegations. Seconded by Commissioner Quartararo, with no discussion, it carried unanimously. • HPC 23-21: The complainant alleges the officer drew his firearm when she posed no threat to him (cont. 7-21-23). Commissioner Bertsch made a motion to refer to the chief for further investigation. Chair Robinson stated the case would be referred to the chief for an investigation by the Office of Professional Standards or appropriate division. Seconded by Commission Sur, with no discussion, it carried unanimously. • HPC 23-27: The complainant alleges that he witnessed officers use excessive use of physical force and he is unable to obtain all records of the incident. Commissioner Ing motioned that there was insufficient evidence to prove the complainant's misconduct allegations. Seconded by Commissioner Bertsch, with no discussion, it carried unanimously. • HPC 23-28: Complainant alleges that the traffic stop was unjustified, the officer was hostile and wrongfully accused him of speeding (cont. 8-31-23). Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's misconduct allegations. Seconded by Commissioner Sur, with no discussion, it carried unanimously. • HPC 23-30: During a traffic stop, the officer was allegedly rude and unprofessional. Commissioner Bertsch motioned that there was insufficient evidence to prove the complainant's misconduct allegations. Seconded by Commissioner Ing, with no discussion, it carried unanimously. • Complaints in the non-acceptance category: o HPC 23-31, 23-33, 23-36 A-E: Commissioner Bertsch motioned to accept the chair's decision to decline investigations for failure to comply with the Police Commission's Rules of Practice and Procedure (Rule 6). Commissioner Sur seconded, with no discussion, and it carried unanimously. Commissioner Bertsch requested that the next agenda includes the Rules Committee to discuss the Police Commission Rules, primarily pertaining to internal and external complaints. Hawaii Police Commission Regular Session Minutes September 22, 2023 Page 7 ANNOUNCEMENTS Chair Robinson announced the next meeting is scheduled for Friday, October 20, 2023, at 9:00 a.m., at the County Building, Council Chambers, Suite #1401, 25 Aupuni St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 1:48 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR