Loading...
HomeMy WebLinkAbout2023-10-20 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 20, 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 9.10 a.m. Present: Rick Robinson, Chair John Bertsch, Commissioner Pudding Lassiter, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Absent: Denby Toci, Vice Chair Travis Ing, 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 Aurello, Captain Gavin Kagimoto, Detective Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Patrick Kahawaiolaa came before the commission. He stated he was there to seek clarification on the powers and duties of the Hawaii Police Department and its authority and jurisdiction on lands having the status of Hawaiian Homelands, as articulated in the Hawaii County Charter. He read Section 1-1 Incorporation "The people of the County of Hawaii shall be and continue as a body politic and corporate by the name of `County of Hawaii', hereinafter this charter called `county.' By that name it shall have perpetual succession." He also read Section 1-2 Geographical Limits: "The island of Hawaii and all other islands within the shores thereof and the waters adjacent thereto shall be the county of Hawaii." He asked if this meeting is constituted according to HRS Chapter 91 Administrative Rules, if not, what's the process that he is using. DCC Frenz explained that it is not contested case hearings, under HRS 91. Mr. Kahawaiolaa explained there have been squatters at the former Humu`ula Sheep Station for over five years and the County of Hawaii Police Department has done nothing. He hopes the enforcement of laws is not selective. For over 23 years, the county has been operating with a Memorandum of Understanding (MOU) between the Department of Hawaiian Homes and the County of Hawaii. It acknowledges Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 2 that the County of Hawaii can enforce the laws. Out of the four counties, Hawaii County has the only MOU. He hopes to obtain some clarity on the powers and scopes of the responsibility of the Hawaii Police Department on these lands. Commissioner Quartararo inquired about the squatter situation and the makeshift tents visible along the road. Mr. Kahawaiolaa explained there's an area that's fenced off Mauna Kea Access Road, it's an old sheep station taken over by individuals apart from the peaceful protesters. He mentioned the department's struggle to remove people from those properties. The County of Hawaii maintains Mana Road, a gate was put across it, with no ramifications to the people that trespass. He understands the department is short-staffed and the distance they need to go, but this isn't the only place this is happening. He highlighted concerns about police response delays in his Hawaiian Homes community in Puna regarding drug issues. Despite providing necessary information, officers are unsure about enforcing laws on the Homestead, despite a MOU. Commissioner Quartararo mentioned reading about the police department's assertive approach in clearing vendors along the highway and inquired if the same principle applies under the MOU. Mr. Kahawaiolaa responded, highlighting instances such as domestic violence and the removal of individuals loitering at park dugouts. He mentioned the complexity due to a neighborhood watch being told it's sensitive as it involves Hawaiian Homes. He emphasized the charter's police enforcement role and the longstanding 23- year-old MOU, raising the ongoing issue for clarification purposes. Commissioner Quartararo, residing in Kona, observed the clearance of the Queen Kaahumanu area, assuming it was for Ironman. He inquired whether the same level of enforcement and attentiveness would persist beyond this period. Chair Robinson deferred the question to Chief Moszkowicz to address during his presentation. Chair Robinson mentioned his previous service on the Ethics Board before joining the Police Commission. He recalled an issue presented to the Ethics Board involving the former Mayor's failure to enforce the rule of law concerning protestors on Saddle Road, Humu'ula, and surrounding areas. This matter was extensively discussed over three meetings with a packed room. The protestors often referred to the MOU while questioning the lack of enforcement. Ultimately, despite the Mayor attempting to blame the Police Department, it was determined that the Mayor violated ethical standards by not removing the protestors squatting in those areas. Mr. Kahawaiolaa said that's the burning question. He noted the global significance of those protecting the mountain and shared his personal history of being arrested multiple times in protests related to Hawaiian Homes policies, emphasizing that he isn't criticizing the police department but acknowledges the necessity of due process. APPROVAL OF MINUTES Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 3 • Commissioner Bertsch motioned to approve the regular and executive session minutes for September 22, 2023, seconded by Commissioner Sur with no discussion, it carried unanimously, and the minutes were approved. Recess was called at 9.30 a.m., the meeting reconvened at 9.35 a.m. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Acting Major Amaral reported through September 30, 2023, there were 1,386 serious crimes: 130 burglaries, 18 robberies, 772 thefts, 116 auto thefts, 59 sexual assaults, no murders, 3 attempted murders, and 288 aggravated assaults. Crimes listed by area: for September 2023, 274 for Area I and 160 in Area 11. For FY 23-24, there were 846 in Area I and 540 in Area 11. Of the 1,386 serious crimes, Criminal Investigation units investigated 192 of those cases, 92 in Area I and 100 in Area 11. Area I cleared 110 of those cases and Area II cleared 65. • Calls for Service: For September 2023, the department received 9,701 calls for service. The fiscal year to date is at 30,402. Out of those calls, 2,431 were criminal/traffic cases and 7,270 were miscellaneous public assistance calls. Commissioner Quartararo asked him to define moving/regulatory. Acting Major Amaral explained regulatory would be things such as safety checks. • Traffic Report: Assistant Chief Basque reported that as of October 9, 2023, traffic crashes are at 196, compared to 231 last year. Traffic fatalities are at 4 compared to 8 last year. DUI arrests are at 230, compared to 226 last year. DUI arrests for September 2023 are 79, compared to 77 in August 2023. For September 2023, a total of 4,688 citations were issued: 3,225 for moving/regulatory, 329 for seat belts, 26 for child restraint, and 1,108 for speeding. Commissioner Sur raised concerns about an increase in cars, particularly Teslas, without front license plates, as well as numerous out-of-state license plates. He inquired about the protocol for checking the duration of time vehicles with out-of-state plates have been in Hawaii. AC Basque stated to his knowledge, vehicles with out-of- state plates are legal until their expiration date from the originating state, after which they should be registered in Hawaii. Not having a front license plate constitutes a traffic violation falling under regulatory laws. Commissioner Sur asked whether they would track vehicles with out-of-state plates. A/Major Amaral explained that if a traffic violation occurs, running the license plate to verify its validity is part of the process. While they can conduct out-of-state license plate and driver's license checks, it takes time to obtain results. He mentioned a specific timeframe within which vehicles need to be registered in Hawaii after being brought into Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 4 the state, although he didn't have the exact duration, he believed it might be around 30 days. • Personnel Report: Major Wana reported that HPD currently has 71 actual positions unfilled. Police Communications Officer positions through October 16, 2023, are at 28 filled, and 11 vacant. Supervising Police Communications Officer positions are at 5 filled and zero vacant. As of October 16, 2023, HPD had filled 413 of 484 sworn positions (85%) and 127 out of 156 civilian positions (81%). • Police Officer I Recruitment Activities: Major Wana reported the 98th recruit class, which began on July 17, 2023, currently comprises seven recruits undergoing academic training until January 15, 2024. In the 97th recruit class, six recruits out of nine have transitioned to field training, scheduled until November 15, 2023. The upcoming 99th recruit class has a tentative start date of November 16, 2023, with approximately 31 applicants undergoing various processes such as psychological evaluations and oral interviews. Additionally, preparations are underway for the 100th recruit class slated for March 2024. • Other Recruitment Activities: Major Wana reported in September 2023, that interviews for Police Officer III positions, particularly for School Resource Officers, were completed and filled. The remaining vacancies for Police Officer III positions are expected to be filled by mid-November 2023. Police Officer I recruitment began a continuous recruitment in May 2023. The initial written exams occurred in June, followed by the physical agility test. Candidates who didn't pass the agility test were offered a chance to retake it. In July, six applicants were unable to attend the test initially but were rescheduled for August. However, only five appeared, and four passed. There are currently 27 applicants that'll be incorporated into the 99th recruit class. On September 20, 2023, 47 new applicants underwent the agility course, with 13 make-up tests scheduled. Of these, 43 attended, 18 passed, and 25 failed, with 17 being no- shows. Those who failed will have a chance to retake the test on November 15, 2023. The next set of written examinations for the Police Officer I continuous recruitment will be held the week of October 29, 2023. Subsequently, the physical agility tests for this group are scheduled for November 15, 2023. Commissioner Lassiter noted that the agility test appears to account for a majority of dropouts or failures. She inquired whether individuals struggled due to physical limitations. Major Wana clarified that the course must be completed within 70 seconds. Some candidates fail significantly, while others miss passing by a fraction of a second. Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 5 The department continues to experience numerous dropouts or no-shows, attributed to various reasons, including employment or other factors. Chair Robinson referenced the chief's report and inquired about department vacancies, pending positions, contracted/unfunded positions, and positions requiring specialized degrees and training. There was further discussion regarding the crime lab and recruitment for these positions. Commissioner Sur highlighted that the National Academy of Forensic Science holds its annual meeting every February. He mentioned the availability of a bulletin board at the event and suggested that the department utilize this board to post recruitment information. • Finance: Major Wana reported overall expenditures for the month ending September 3, 2023, HPD's targeted overall expenditure was 28.02% and the actual was 27.57%. Targeted salaries and wages expenditures were 29.17% and the actual was 28.86%. Regular salaries and wages were at 25.04%. Overtime salaries and wages were 87.59% and miscellaneous salaries and wages were 38.76%. • Commendations and Awards: Chief Moszkowicz reported receiving eleven commendations, involving twenty-four personnel since the last Police Commission meeting in recognition of outstanding services. Additionally, not mentioned in the report, Officer Collin Roberts received the Kona Crime Prevention Committee's Officer of the Month Award. • Chief Moszkowicz reported on other department activities and highlights: o The HSLEOA Conference was held on September 27-29, 2023, at the Waikoloa Beach Marriot. o Changes were made to Police Officer I recruitment efforts, adding a third class for this year. Forty-three applicants are somewhere in the final stages. They are anticipating around 30 recruits for the class starting in November. o Chief Moszkowicz presented a graph representation illustrating personnel numbers and trends. o He was contacted by the media regarding his plans to hire personnel on a contract basis to assist with the backlog of background investigations. o He met with council members to discuss personnel expansion plans. Plans include hiring a Grant Manager, an HR Specialist, and a Public Safety Counselor as part of future objectives and goals. o Three HPD personnel were nominated as outstanding County employees; Captain Rio Amon-Wilkins, Lieutenant Todd Pataray, and Police Investigative Operations Clerk, Karen Hamada. o Hi-Pal fishing tournament was held in Hamakua, 80 children participated, ages ranging from 3-17. Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 6 o Critical incident in Keaau on Friday, September 22, 2023, involving two brothers, one armed. Upon officers' arrival, one brother fled with a handgun, leading to an overnight search. The next day, on Saturday officers received information on his whereabouts. Body-worn camera footage was released as officers approached the location. During a chase in a wooded area, the suspect fired a round. Amid radio confusion, officers believed the suspect was detained, but he fired at them. In response, officers returned fire, eventually striking, and killing the suspect. One officer thought they were hit but later discovered the bullet struck their Laser, which absorbed the impact, and captured the projectile. o The promotion ceremony is set for November 2, 2023, at approximately 5.30 p.m. It will take place at the West Hawaii Civic Center, either outdoors or in the Council Chambers. Commissioner Lassiter praised Chief Moszkowicz for organizing an outstanding lineup of speakers at the HSLEOA Conference. She expressed admiration for the knowledge and experiences shared, remarking that it was a fantastic conference overall. Commissioner Bertsch referenced the personnel graph and inquired about the funded positions, stating he believes there were additional funded positions since 2017. Chief Moszkowicz mentioned that the funded positions had risen from 460 to 483 initially and later increased to 484 after another addition. He noted there was a point in time where positions were added, but the staffing number climbed to fill those positions. Commissioner Bertsch suggested overlaying that data, proposing a review at the next police commission meeting. Chair Robinson inquired about the caliber of the weapon that fired the bullet into the officer's Laser, to which the chief responded 9 millimeters. Chair Robinson recalled an incident from an old article in the paper where Police Commissioners used to possess badges. However, due to one commissioner attempting to portray themselves as a police officer and encountering trouble, these badges were revoked. Upon joining the commission, they received plastic tags, beneficial for identification purposes when picking up their packets or other necessities at police stations. Recently, these IDs were also taken away. Chair Robinson questioned the necessity of identification for them. Presently, they are unable to enter the stations and must knock on the door like any other visitor. DCC Frenz clarified her discussions with Chief Ferreira, Chief Bugado, Managing Director Lee Lord, and the Mayor regarding multiple layers of purpose, discussed in open and in executive sessions. She emphasized the rules governing the Police Commission, the commissioners' roles, and their separation from Police Department duties. Highlighting the importance of preventing conflicts of interest, she mentioned that commissioners should not conduct investigations at the Police Department but Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 7 rather handle inquiries during meetings. If a police report is required, it should be requested through the commission's secretary which will be provided to them at the meeting. She stressed the critical need to maintain boundaries between the Police Commission and the department. Additionally, she addressed concerns about the potential inappropriate use of ID tags and mentioned that they were primarily for identification purposes and not a distinguishing factor for commissioners. Following discussions and incidents involving Chief Ferreira and Chief Bugado, in collaboration with the Mayor's Office, the decision was made to retract all ID tags. This decision aimed to uphold the commission's integrity, prevent conflicts of interest, and ensure appropriate boundaries, emphasizing that the issuance of ID tags by the Police Department was not fitting for individuals who are not part of the department's staff. Commissioner Sur raised a query for Corp Counsel and/or Chief Moszkowicz about commissioners' roles inside and outside meetings. He emphasized the distinction between discussions within and outside meetings and their implications for freedom of speech. DCC Frenz expressed that this discussion might not be suitable for the Police Commission hearing, suggesting addressing concerns about the Board of Ethics separately. Commissioner Sur clarified he was asking a general question. DCC Frenz pointed out that according to the Code of Ethics, discussions during meetings, even during a recess, fall within the commissioner's role and are covered by ethics regulations. Commissioner Sur disagreed, citing discussions with external and past Corp Counsel, indicating a disagreement on this interpretation. Chair Robinson mentioned Ms. Correa's resignation and expressed the need to collaborate with the chief to find her replacement, appreciating any assistance. Chief Moszkowicz discussed a recently filled secretary position within the department that was open to all County employees. Exploring the possibility of using the previous recruitment process, they discovered they couldn't reuse the same list and would need to conduct a new recruitment. He assured cooperation with Chair Robinson and planned to work closely with County HR to expedite the reposting of the position, aiming to start the process before the vacancy occurs. NEW BUSINESS Correspondence No. 23-10: Police Executive Research Forum's (PERF) study, "Responding to the Staffing Crisis: Innovations in Recruitment and Retention. Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 8 Commissioner Quartararo proposed forming a committee consisting of two to four commission members and recruiting public members to focus on recruitment, retention, salaries, and retirement. He recommended hiring a consultant to outline the committee's objectives, gather conclusions, and report back to the commission. Referring to the PERF's report, he highlighted valuable insights to address the staffing crisis, expressing the need for a separate committee rather than handling it solely during commission meetings. Chair Robinson sought a second for the motion, and Commissioner Bertsch suggested clarifying its specifics. Chair Robinson mentioned Retired Chief Perry's correspondence regarding high-speed pursuits and the staffing crisis. He invited retired Chief Perry who was in attendance to provide more details for a clearer understanding. Retired Police Chief from the Kauai Police Department, Darryl Perry came before the commission, highlighting that many current issues echo those he faced during his tenure. Expressing regret for lacking certain informative resources, he emphasized the persistent challenges in recruiting and retaining officers, particularly in the context of leadership issues. He aimed to offer insights to assist the commission in making informed decisions to support the department in overcoming these obstacles, acknowledging the difficulty but emphasizing the necessity of moving in the right direction. Chair Robinson inquired about the high-speed pursuits referenced in the report. Retired Chief Perry highlighted that high-speed pursuits have been a persistent issue for law enforcement agencies. He mentioned his past role as a supervisor in a fatality team on Oahu, handling critical incidents, fatalities, hit-and-runs, and high-speed pursuits involving officers. He emphasized that many pursuits were unnecessary and led to the deaths of participants and innocent bystanders. Although improvements have been made, he stressed the need for a thorough examination of pursuit justifications. He emphasized that pursuits should only occur in life-or-death situations and not merely for certain property crimes, as they pose immense danger otherwise. Commissioner Quartararo expressed uncertainty about specific statistics but agreed with the sentiment. He inquired about the percentage of individuals pursued by law enforcement who have a history of prior non-violent offenses that could contribute to potential escalation toward violent crimes. He speculated on the possibility that leniency towards minor offenses might lead to a mindset prone to more serious crimes. He sought information on the percentage of individuals for whom this pattern might hold. Retired Chief Perry emphasized the situational aspect of behaviors, noting that individuals not previously involved in crimes might act unexpectedly under certain circumstances. He highlighted the tendency for those with a history of serious crimes, if not held accountable, to perceive they can evade consequences, which officers confront daily. Although he couldn't provide a specific percentage, he indicated that individuals who escape Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 9 accountability tend to repeat offenses. He explained there are studies suggesting that officers should avoid pursuits, emphasizing the importance of policies prioritizing lives over property. Chair Robinson expressed gratitude to retired Chief Perry for his correspondence, attendance at the meeting, and valuable insights shared with the commission NEW BUSINESS Correspondence No. 23-11: Letter from the Department of Human Resources regarding the review of the commission's secretary position. Chair Robinson conveyed receiving a response from Mr. Patel, indicating his agreement with the commission's view that the secretary position requires a backup role. He suggested examining this aspect concerning the secretary position and its corresponding funding. NEW BUSINESS Discussion on the Rules Committee - Review of the Police Commission Rules, with a focus pertaining to internal and external complaints. Commissioner Bertsch emphasized the commission's responsibility to periodically review its rules and regulations, noting the last revision was five years ago. Chair Robinson proposed forming a committee comprising 2-4 members to meet via Zoom for this review. DCC Frenz offered to draft a legal memorandum clarifying the guidelines and regulations regarding Permitted Interaction Groups under the Sunshine Law. Commissioner Bertsch highlighted the importance of understanding the rules, suggesting that each commissioner thoroughly read and comment on the rules, with the option to submit comments to Corporation Counsel for discussion points at the next meeting. Chair Robinson confirmed that the review of rules and regulations would be on the agenda for the next meeting. He advised members to read the rules and direct any questions to DCC Frenz beforehand for clarification. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Sur 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 Bertsch, no discussion, all in favor, executive session convened at 10.50 a.m. Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 10 Motion to reconvene open session made by Commissioner Bertsch, seconded by Commissioner Lassiter, with no discussion, and it carried unanimously. Regular session reconvened at 11.57 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of Complaints: o HPC 23-32: Complainant alleges the officer did not file her violation of TRO report against her neighbor. Commissioner Sur motioned there was insufficient evidence to prove the complainant's allegation of misconduct. Commissioner Lassiter seconded, with no discussion and it carried unanimously. o HPC 23-34: Complainant alleges the officer used harsh and profane language and the rank on duty failed to call him regarding his concerns. Commissioner Bertsch made a motion to refer to the chief for customer service concerns. Commissioner Sur seconded, with no discussion and it carried unanimously. o HPC 23-35: Complainant alleges she was wrongfully arrested after being involved in a traffic accident. Chair Robinson stated there is no action for them to take, this is now subject to a lawsuit. • Request for Representation by Corporation Counsel: o Correspondence No. 23-09: Commissioner Bertsch made a motion to approve legal representation. Commissioner Quartararo seconded, with no discussion and it carried unanimously. ANNOUNCEMENTS Chair Robinson announced that Ms. Correa had submitted her resignation letter. The discussion revolved around the recruitment process for the secretary position and the possibility of a temporary assignment to ensure continuity in conducting meetings until the vacancy is filled. DCC Frenz assured that she would coordinate with Chief Moszkowicz and the Department of Human Resources regarding this matter. DCC Frenz pointed out that the next meeting is slated just two days after Ms. Correa's departure. She recalled the time between Ms. Pelayo's retirement and Ms. Correa's hiring, noting that no hearings were conducted during that period, raising concerns about legal representation. Consulting with the litigation supervisor revealed that in the absence of hearings, the County would handle representation for officers until a recommendation is made. Despite discussions about potentially rescheduling the November meeting, the commission decided to uphold the scheduled meeting on November 17, 2023, at the West Hawaii Civic Center, Council Chambers. Contingency plans include finding an alternate secretary if needed or postponing the meeting in case of unavailability. Commissioner Sur sought clarification regarding requests for legal representation and asked if they could hold a quick special meeting via Zoom to address the matter. DCC Hawaii Police Commission Regular Session Minutes October 20, 2023 Page 11 Frenz confirmed the possibility of arranging a special hearing solely for that purpose. She mentioned consulting with their litigation supervisor and assured them that the county would provide representation in the interim. ADJOURNMENT The meeting adjourned at 12.23 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: JOHN BERTSCH, VICE CHAIR