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HomeMy WebLinkAbout2024-03-08 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES MARCH 8, 2024 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 9.02 a.m. Present: Rick Robinson, Chair John Bertsch, Commissioner Travis Ing, Commissioner Eileen Lacerte, Commissioner Rod Quartararo, Commissioner Absent: Anthony Sur, Commissioner Denby Toci, Vice Chair A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Scott Amaral, Major Sherry Bird, Major Jeremie Evangelista, Acting Major Tuck Loy Aurello, Captain Brian Souki, Detective Michelle Ahn, Deputy Corporation Counsel Lynn Petersen, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS • Commissioner Quartararo would like to consider making an amendment that statements from the public be taken whether or not they are on the agenda. Chair Robinson stated that the reason we put it as agenda items is because during the mask mandate, there were people showing up that testified for hours about items that were not on the agenda, mostly related to the legalization of marijuana, so for some semblance of order, statements were strictly on agenda items rather than just having people get up and talk about everything. Commissioner Bertsch reminded commissioners that it's a violation of the Sunshine Law so we cannot just have an open forum. Commissioner Lacerte asked if we can limit the time. Chair Robinson indicated that the time limit is three minutes but they just keep going. Commissioner Bertsch added that if somebody in the community has an issue they would like to bring up, they would write a letter to the commission and we can put it on the agenda. This will ensure that the commission can operate in an educated way because we can read their correspondence and understand it, as opposed to just having people come in and voice their opinion. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 2 Commissioner Quartararo related that he had people ask if they can come in because they have something they would like to discuss, and Commissioner Quartararo would tell them that unless it's part of the agenda we can't discuss it. We can't take action because of the Sunshine Law, but we certainly can encourage others to come in and give opinions or feedback on things that we could take up at a later date. Chair Robinson stated that they will put that on the agenda for a future meeting to discuss and will ask Deputy Corporation Counsel Frenz to opine relative to the Sunshine Law as well. APPROVAL OF MINUTES • Commissioner Bertsch motioned to approve the regular and executive session minutes for October 20, 2023, seconded by Commissioner Ing. Deputy Corporation Counsel Ahn inquired about Commissioner Lacerte's vote. Commissioner Lacerte stated that this was her first meeting and did not attend the last meeting. Chair Robinson deferred the approval of the October 20, 2023, minutes to the next commission meeting. Commissioner Bertsch related that it is not unusual for commissioners to read through the document, and if Commissioner Lacerte has no objections to the document she can still vote. It doesn't necessarily mean she was a party to the creation of the document or at the meeting. Commissioner Lacerte stated that she just wouldn't feel comfortable voting on something she didn't attend. • Chair Robinson stated that there has been some discussion about amending our agenda to add a particular item, but we need six people to amend the agenda and we only have five so there will be no amendments to the agenda. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Major Amaral reported that through February 29, 2024, there were 3,726 serious crimes for the fiscal year. For crimes listed by areas, there was a decrease in burglaries in Area I, the east side of the island, and in Area 11. For robberies Area I had a decrease and Area II had a slight increase. For thefts there's a significant increase in Area I by over a hundred thefts. Auto thefts are actually down compared to last year. Sexual assaults are about the same. There was a decrease in murders in Area 1. For attempted murders there was a decrease in Area I and an increase in Area 11 by one. For assaults there was an increase in Area I and Area 11. Of these 3,726 serious crimes, the Area I and Area 11 Criminal Investigation units investigated 515 of those cases, 309 in Area I and 206 in Area 11. Clearance rates are 100% in Area I for burglary, theft, auto theft, murder, attempted murder, and assault. In Area 11 clearance rates are 100% for auto theft, sexual assault, and attempted murder. • Calls for Service: For the month of February 2024 the department received 9,551 calls this fiscal year, 81,117 since July of last year. There were 2,284 criminal/traffic calls Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 3 where a case was initiated and 7,267 miscellaneous public assistance calls (these are not criminal cases). Chair Robinson stated that he knows people just leave the keys in their car but was curious as to where the cars are taken and if they just get chopped up. Major Amaral said many times these vehicles are dumped on the side of the road or on vacant property where people will start taking parts off the car and sell it. A lot of cars are actually located after they're dumped in vacant areas. Many of these thefts occur because people don't lock their doors or leave the keys in the car and you can't do that anymore. Commissioner Quartararo related that someone he knows reported that they walked in to their two-story house, noticed that somebody started living in there, and before they could do anything the person left. The next night they woke up and saw a light on the first floor. He asked where would something like that be reported. Major Amaral said it really depends if the person actually owns the home, if they're not always at the home, or it's a rental. It could be construed as a burglary. If the house has been sitting for a year for sale and no one's been there, it could be construed as trespass depending on who has rights to that property. A lot of times we have bank foreclosures where people go in and squat on the property until the bank does something to remove them. If it is your home or vacation rental, it comes under burglary. If not it will come under trespass, which isn't listed on this report, and most likely will be reported under a miscellaneous public assistance type call where they will make contact with someone, advise them, and it will turn into a civil matter where sheriffs will legally evict somebody off the property. • Traffic Report: Acting Major Evangelista reported that as of March 5, 2024, for this fiscal year there were 563 traffic crashes compared to 618 last year, which is a big decrease. There were 12 traffic fatalities compared to 9 last year so we're experiencing an increase. There were 4 DUI fatalities compared to 7 last year, a significant decrease. DUI arrests stand at 627 compared to 630 last fiscal year, about a status quo. For the month of February 2024, there were 5,268 citations issued: 3,721 for moving/regulatory, 365 for seat belt, 29 for child restraint, and 1,153 for speeding. Commissioner Quartararo inquired if there are charts available to show where traffic crashes and fatalities are occurring for the purpose of determining whether or not we have intersections that are more dangerous than others. Acting Major Evangelista stated that they do have a chart at the bottom of the page that is a district by district breakdown; however, it does not go into specific intersections although that data can be produced if needed. Commissioner Bertsch asked if the Traffic Enforcement Unit has a hypothesis as to why the fatality rate is spiking. Acting Major Evangelista related that most of their fatalities involve speed and impairment, and it's something they're constantly battling. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 4 They have several public awareness campaigns, as well as enhanced roadside sobriety projects, so it's an issue they face all the time and they're trying their best to curb the unwanted behavior. • Personnel Report: Major Bird reported that for sworn police vacancies through February 29, 2024, they have 63 unfilled positions. For police communications officer positions, there are currently 28 positions filled and 13 vacancies. For supervising police communications officer positions, there are currently 5 positions filled and 0 vacancies. The department has filled 421 of the 484 sworn positions (87%) and 119 out of 156 civilian positions (76%). Police Officer I recruitment is open on a continuous basis, and the written and agility tests continue to be administered monthly. The 98t" recruit class started in July of last year, and they have seven that transitioned to field training in mid-January and will go solo on May 16. For the 99t" recruit class they have 18 in the academic training portion, and they are projected to graduate on May 15. They were hoping to start the 100t" recruit class on March 18, but unfortunately due to circumstances beyond their control, scheduling with the doctor and such, they had to push that start date back to April 1. In that class they have 25 recruits that will be starting. The 101St recruit class is going to start on July 16 of this year, and they're still going through the various phases. They had the agility test in January, February, and last week. Right now they have approximately 30 applicants in that candidate pool. On April 3 they have another agility course which will add more to the pool for the 101St recruit class. Going back to the 100t" recruit class, they did have some applicants that have gone through all the phases of the background and testing and rather than losing them to other potential employers, on February 16 they hired four as Police Services Officers to get them acclimated to the department and what they do. They're working out of the Kona and Hilo stations, doing physical fitness training, and assisting with various duties around those stations. Also, to assist with background investigations that they need to do, they're hoping to hire six background investigators to assist in that process. As far as recruitments, they had the Police Officer III recruitment that ran internally in the month of February and Police Sergeant/Detective and Lieutenant recruitments which ran internally in the month of January. Those that have met the minimum qualifications recently took their written exam earlier this month. They also had the Police Captain recruitment and Major recruitment internally in January so they'll be working on filling those positions. They have continuous recruitment for dispatchers, account clerk, evidence specialist, clerks, school crossing guard, and radio technician. • Finance: Major Bird reported that the overall target expenditure is 64.13% and the actual is 63.27%. For salary expenditures for the month ending February 29, 2024, their target expenditure is 70.83% and the actual is 69.64%, regular salaries and wages Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 5 is 61.69%, overtime salaries and wages is 197.74%, and miscellaneous salaries and wages is 94.47%. Commissioner Bertsch asked if they have a new classification for Police Services Officer (PSO) and what their role and duties are in the department. Major Bird stated that they are using temporary police officer positions until such time the PSOs enter the recruit class. Chief Moszkowicz added that since they converted to monthly recruitment, they're having people who are done months ahead of when the recruit class will start so they took some of their 67 temporary positions which are already allocated by County Council and reassigned them to be PSOs. It's a Civil Service position but it's capped at 89 days. When the recruit class is ready to start, they will end the appointment for the PSOs, they will have a one-day break, and the next working day they will start the recruit class. Their seniority date and employment date will correspond to everybody else in the recruit class, including their probationary date. The idea was to hire them as soon as they're ready to be hired rather than have them get another job. They are helping with a lot of things in different areas of the department and there is a waiting list for their services. It has been pretty successful. Commissioner Bertsch applauded Chief for doing this so they do not lose recruits. Commissioner Bertsch inquired about a new line on the salaries & wages report which he may have missed on previous reports, the year to date CILV. Major Bird stated that this is cash in lieu of vacation. When people retire, instead of taking vacation time they have a set amount of vacation that they can take in cash. Chief Moszkowicz brought out that hopefully this fiscal year there will be a new citation program for the entire department that will allow officers to issue citations using their mobile desktop computers. They will be able to get better data of where citations are being issued and that will feed directly into their Records Management System. The goal is to have a map of where the speeding citations were issued and also crash data. • There were 20 commendations involving 50 personnel that were received since the last meeting (report is on file). There were other commendations that Chief Moszkowicz wanted to share: Officer Vincent Sanekane from Kona Patrol was the Kona Crime Prevention Committee Officer of the Month. He was commended for his exceptional investigative skills when he responded to a call involving a male untying boats at Kailua Pier. Officer Robert Ayau from South Kohala was commended by a party who was stuck on the side of the road and Officer Ayau stopped and helped. It is important to remember the positive impact small acts can have. Officers Troyson Reilly and Makena Nahooikaika from Kona Patrol were commended for coming out in the dark and cold to deal with a sudden death. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 6 Officer Levi Comilla from South Hilo was commended for his calm, professional demeanor when he responded to a call of sheep killed on a farm by a pack of dogs. Community Policing Officer Aaron Tanaka from Kona Patrol was commended for always being responsive and clear on how to address homeless and vagrancy issues. Chief Moszkowicz related that beginning in October 2023, he started filming a monthly video to communicate directly to department members. This is a no cost production as it is filmed with Deputy Chief Mahuna's iPhone, edited on the laptop, and posted to an unlisted YouTube channel. Chief writes a letter which highlights 2-3 things going on in the department and the link is embedded in the letter (this does not replace the chain of command). The videos are shot at different locations on the island each month. Some videos are intentionally vague as a contest, "Where is Chief Ben?" was created. If employees think they know where Chief is, the employee will complete a survey and Chief will randomly select a winner who will get a gift card. It's an opportunity to visit the different stations and take a picture with the winner who will be announced in the next video. There are clues in the video and it has received positive feedback. Chief Moszkowicz reported that there were lots going on in five months since the last meeting and focused on the following events: On November 2, 2023, the second recognition ceremony at the West Hawaii Civic Center was held. Two Certificates of Merit were given; a reserve officer was honored for serving two decades; and promoted were one Captain, one Lieutenant, four civilians, and eight to Police Officer III. On November 11, 2023, in Bellevue, Washington, after the culmination of four years of hard work and dedication, their department was reaccredited by the Commission on Accreditation for Law Enforcement Agencies (CALEA). Chief Moszkowicz, then Acting Deputy Chief Mahuna, and the CALEA accreditation team consisting of Lieutenant Levon Stevens, Sergeant Matthew Bartz, Sergeant Brian Souki, and Clerk Keahi Armitage attended. They have already started working on the next reaccreditation phase. On January 11, 2024, Deputy Chief Reed Mahuna was sworn in at a ceremony at the Hilo Public Safety Building. He brings decades of experience, sound judgement, and decision making. Chief trust his advice and he has been an amazing partner since his selection as Acting Deputy Chief on July 1, 2023. Deputy Chief Mahuna cannot be confirmed because we don't have a quorum to change the agenda so Chief would like to confirm him officially per the County Charter at the next meeting. January 16, 2024, was the 98t" Recruit Class Graduation. The class consisted of one woman and six men who entered the ranks and began their field training on May 16. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 7 On January 23, 2024, around 50 department volunteers helped erect "The Wall That Heals", including Chief Moszkowicz, Deputy Chief Mahuna, administrative and training staff, and recruits. It is a replica of the Vietnam Veterans Memorial Wall in Washington, DC, which travels the country and it was the first time ever in Hawaii. On January 28, 2024, volunteers returned to disassemble the wall. This was a great opportunity for the start of a tradition of a recruit class having a service project that they can participate in. January 27-28, 2024, was the 2nd Annual HI-PAL Coach Pitch/T-ball tournament where more than 250 keiki from around the island, ages 6-8, came together at a gym in Keaukaha. There were 19 teams and the entire operation was completely put on by HI-PAL and volunteer department personnel. In February the department approached County Council to ask for additional unfunded temporary positions. They currently have 67 unfunded temporary positions which they fill with people going through the recruit classes. Funding for these positions come from vacant Police Officer II positions. None of those positions will be freed until the recruits take their first assignment so they asked County Council for 33 more temporary positions which will allow them to grow the department at an unprecedented rate, which they approved. They have 484 positions in the department and asked Council to increase the number of sworn positions by 17 which will put them at 501. The 17 new positions are designed to allow for growth and help to reorganize as they moved people to different areas. If the trend continues, this time next year they will be at 490-495. One of the things they were asked is to look at response times. Adding staffing to rural areas will make the response area smaller. Next year they will meet with County Council to increase the number of police officers in Puna and Hawaiian Ocean View Estates. There are two top notch training for police, FBI National Academy and Police Executive Research Forum (PERF) which is a Senior Management Institute for Police. PERF offers a 3-week in-person class at Boston University at a cost of$11,505 tuition plus airfare. Chief Moszkowicz applied for and was awarded a scholarship so there will be no cost to taxpayers when he attends the session on July 7-25, 2024. Commissioner Ing applauded the new approach to recruiting and inquired if there's anything being done on retention. Chief Moszkowicz stated that when he was selected by the commission, that was one of the five things he looked at. Unfortunately that's proven harder to develop than recruitment. Things they have done to impact those things are allowing officers to drive pickup trucks, allowing officers to claim mileage from home to work, and issuing flashlights to be carried on belts which have been very well received. People need to be provided an outlet and "Where's Chief Ben" came from an officer's suggestion at the end of his career. During the officer's exit interview, he stated how difficult it was to hear information which sparked this idea. That person now wants to become a Reserve Officer. Commissioner Ing asked if every sworn Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 8 officer is doing the exit interview. Chief Moszkowicz said every employee is offered one, whether they participate is up to them. All exit interviews end up on Chief's desk. Commissioner Lacerte inquired if they have statistics about losing 30 to 40 officers a year and how many are due to retirement or injury. Chief Moszkowicz indicated that he does not have statistics but stated that it's almost in thirds, 1/3 end of career/retirement, 1/3 in the first year when they decide it's not for them or is injured, and 1/3 tends to be people who leave for other opportunities on the mainland, spouse gets a job somewhere else, or family demands. Commissioner Lacerte added that quality of life issues would be pretty high with our cost of living compared to salaries. Chief related that because of the SHOPO bargaining unit, the pay for all the different counties are the same but the cost of living is high. They're in a much better position compared to the rest of the state because of property values and the ability to buy a house is much more reasonable here. Commissioner Bertsch commended Chief on the great job the department is doing, his report, and graphs. He mentioned that they have a vast amount of reserve officers and it might not be a bad idea to utilize some of their experienced and wise reserve officers to have a mentor program with their new PSOs. Commissioner Bertsch added that the reserve officers he knows are a wealth of knowledge for our newcomers to help them navigate and talk to without fear. Chief Moszkowicz agreed that was a great idea. Commissioner Bertsch also asked if there was a way for the commission to be on the distribution list for the monthly video so the commission can see what the Chief is focusing on, to which Chief related that he could email it to them. Chair Robinson inquired how many officers are needed on a percentage basis for this amount of population and how that applies to our island. Chief Moszkowicz related that there are national averages and they're in the middle. The unique characteristic is that they have a large area that is spread out. For a similar size on the mainland there are many ways to get to a location where here we have two, which he feels impacts them more as far as response times. In the County auditor's report, they're compared with a certain department of similar size; however, their jurisdictional size would fit in one beat in Hilo. Chair Robinson stated that at the last statewide Police Commission conference, it was announced that there will be a Department of Law Enforcement and asked how that transition is going. Chief Moszkowicz related that the Department of Law Enforcement is an Oahu centered organization. They do not have a lot of contact with them other than dealing with the sheriffs who are here. There are no extra people or no new facility here. Commissioner Ing stated that when he was working patrol, they had to respond to every single minor call in person. Is there any thought that minor calls could be taken Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 9 by phone or online? Chief Moszkowicz related that they are in the middle of taking their 23-year-old website and redeveloping it, and they hope to go live in the next 3-4 months. They are also developing a separate system that will allow for online reporting for categories where an officer does not need to show up, i.e., abandoned vehicles, house checks, theft with no suspect. It's not that they don't want to respond, but it will help the priority list. Recess was called at 10.28 a.m., the meeting reconvened at 10.36 a.m. UNFINISHED BUSINESS • Review and discuss the Police Commission's Rules of Practice and Procedure with a focus pertaining to internal and external complaints. Chair Robinson stated that this failed to advance since it's been a challenging five months in replacing staff and will be put on the next agenda. • Commissioner Bertsch related that there was an email sent out at the September or October meeting by Deputy Corporation Counsel Frenz that would be beneficial for the onboarding commissioners. Maybe Chair Robinson can redistribute that email to all the commissioners to have meaningful discussions. Deputy Corporation Counsel Frenz was also going to provide us with some groundwork in regards to "P.I.G." It was motioned and voted to form that group. We now need to initiate and institute the action, and they will wait for Deputy Corporation Counsel Frenz to provide information. NEW BUSINESS • Nomination of Chair and Vice Chair for Police Commission 2024. Commissioner Bertsch motioned to nominate Rick Robinson for a second term. Seconded by Commissioner Ing, with no discussion, it carried unanimously. Commissioner Quartararo motioned to nominate John Bertsch for Vice Chair. Seconded by Commissioner Ing, with no discussion, it carried unanimously. • Correspondence No. 24-01: Hawaii Police Department's Annual Misconduct Report to State Legislature. Chief Moszkowicz explained that this report to the State Legislature is required by law. As a matter of practice they forward it to the Police Commission as well as post it on their website. Police officers are the only group that are required to submit this report to the legislature. Commissioner Quartararo asked to define disciplinary transfer. Per Chief Moszkowicz a disciplinary transfer is when a person is removed from their current assignment and reassigned to the same rank somewhere else within the Police Department. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 10 Commissioner Bertsch asked to define P - grievance pending. Chief Moszkowicz stated that SHOPO's Collective Bargaining Agreement allows for four steps of grievances. Step I is the employer's representative, Step 2 is the employer's representative, and Step 3 is with County Human Resources. Almost all of their grievances make it to Step 3. A lot of times it will go to Step 4 which is arbitration. If you disagree with the step, you advance to the next step. Vice Chair Bertsch inquired if it's because the officer did not agree with what was brought against him and the union is trying to reinstate the officer. That is correct and Chief Moszkowicz added that the officer can file a grievance or the union can file on behalf of the officer. Some grievances are on the books for years. Vice Chair Bertsch inquired at what point is Chief made aware of the intricacies and details that he needs to make a decision. Chief Moszkowicz stated that his involvement happens before the discipline is handed out. The officer is notified of an investigation and will submit a truthful response. An Administrative Review Board meets with the officer and makes a recommendation if the charge is sustained or not, and if sustained what the discipline should be based on past practice and employee's record. That packet goes to Chief for review and Chief will make a decision based on the recommendation and investigation. Vice Chair Bertsch stated that this information is very helpful for our education and asked if it's the Chief's position to step in any time and render a solution. Yes per Chief Moszkowicz, there are pending grievances from before Chief got here and Corporation Counsel will consult with Chief about a negotiated settlement. This gives the Chief an opportunity to review the investigation, officer's history, and issues; and they have come to negotiated settlement on cases. Chief will meet with the officer to see if there is a way they can come to an agreement. They may agree on a last chance agreement where the officer agrees to abide by special rules and if the officer breaks the rules, the officer will be terminated and cannot grieve the decision. This helps to alleviate the years long grievance process. A case that's going to Step 4 and arbitration will be handled by Corporation Counsel. When Vice Chair Bertsch asked how many grievances are pending, Chief Moszkowicz stated that the number is in the high 20s to low 30s with 8 to 10 being class action grievances, where a particular issue with work will be applied to the entire class. Vice Chair Bertsch stated that it's important that the commission have an understanding on this particular aspect of the department that was not shared by prior administrations. He applauded Chief for his transparency. Chair Robinson inquired if the SHOPO contract on wages, arbitration, and negotiations is a multi-year contract or single year contract. Chief Moszkowicz said it's a four-year contract that expires June 30, 2025. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 11 • Correspondence No. 24-02: Maui Police Commission's non-participation in hosting State of Hawaii Commission Conference 2024. Chair Robinson stated that there is a letter in our packet that talks about that due to the Maui fires, but the letter did not indicate that they were looking at anyone else to take on the task. • Correspondence No. 24-06: Request for School Resource Officer at Connections Public Charter School, Downtown Hilo Campus. Vice Principal John Woolverton indicated that their charter school is at the restored Kress building at Bayfront and is a unique educational environment with kindergarten, elementary, and high school students in an enclosed building. VP Woolverton's argument for a School Resource Officer (SRO) is mainly to help with controlling behavior and protecting their school, but they will also offer the Police Department a central substation with surveillance capabilities and quick response times all over downtown. Problems include social media, temptations, fighting in front of elementary kids, vaping devices that are very easy to conceal, and now the marijuana vape which you can't smell. There is an increase in juvenile gang activity and 25% of their high school population is special education. They have students that could not cut it at a bigger Department of Education (DOE) school or they come from troubled homes. Their high school students have a lot of emotional concerns, lash out verbally, and engage in physical altercations. Charter schools in general are underfunded compared to bigger DOE schools, and they need to balance spending money on academics or security. VP Woolverton related that in the downtown area there is an increase in criminal activities, homelessness, drugs, and mental illness. There is no space between their school and a neighboring homeless camp that is 100 yards from them. Ambulance and paramedics are there all the time for drug overdoses. An SRO would put everyone at ease, including the downtown community. Going back to COVID, VP Woolverton was completely outraged and appalled during summer 2020 with defund police and anti- police sentiments throughout the country, and he sees that manifesting in their youth. Having an SRO there would go a long way to addressing this anti-police attitude manifesting in their youth. Chair Robinson asked how many students they have, to which VP Woolverton stated they have 170 to 180 elementary students, 170 to 180 middle school students, and 110 high school students. Chair Robinson asked if they own or rent the property, to which VP Woolverton said it is owned by an affiliated non-profit organization. They have a lease on the building but own property on Kaumana Drive and are actually trying to move their campus away from downtown to the Kaumana property. Chair Robinson inquired if they made any allocation to provide security for the school due to the issues in the downtown area. VP Woolverton related that the high school used to be at Nani Mau, but for financial reasons they brought kindergarten to high school students together and security was not part of the original strategy. Chair Robinson asked what is their tuition, to which VP Woolverton replied they don't have any because it's a Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 12 charter school and they have to accept everybody. Chair Robinson asked if there is any thought of asking parents to put up money so they can hire security for the school. VP Woolverton stated that they do have security but they are overwhelmed and the pay is not that high. He is the lead security official who patrols the school and bus drivers are also security. But police presence would really send a message for their troubled youth and community in general. Vice Chair Bertsch thanked VP Woolverton for coming in and wanted to make it clear that the commission does not have the authority to provide him an SRO, and that our job is to hear community input and provide suggestions to the Chief. It is completely up to Chief whether or not they can allocate an SRO. Vice Chair Bertsch called Chief Moszkowicz for questions on any administrative guidelines for an SRO. Chief Moszkowicz stated that outside of county funding and county positions that are already established there are no guidelines. It is in Chief's purview to request additional positions from the county and that's usually on an annual basis. That being said there is flexibility as they do have people doing other assignments. If Chief does take a position to create an SRO for a school, he would need to determine what district he would take it from until he can get the county to approve and fund the position next year. Vice Chair Bertsch stated that in his tenure on the Police Commission, the CPO (Community Policing Officer) and SRO programs have a direct impact in the reduction of crime in our communities. Oftentimes those specialty assignments, no matter how valuable, have to take second fiddle to patrol officers because we need patrol officers to fulfill our basic needs. Chief indicated that as an administrator he is responsible for creating positions, and in December they asked for and got a grant coordinator who will be responsible for finding grant opportunities. The ability to expand the SRO or CPO operations would be to go to County Council next year. The other way which is easier is to find a grant opportunity that would fund an SRO position at least for the first number of years which would take the burden off County Council as to the cost. Vice Chair Bertsch cautioned that when the grant funding runs out though and there is no backfilling to accommodate that individual, that individual may leave the department. Commissioner Ing asked VP Woolverton if he spoke to the local CPO, to which VP Woolverton stated that he did and contacted Captain Finkey who also mentioned he would like to have a grant. Commissioner Ing asked if there was any other solution because grants would take a lot of time. VP Woolverton wanted to reiterate that their proposal is not just for their school but for the whole downtown Hilo area in general. Chair Robinson thanked VP Woolverton for coming today and bringing this to our attention. • Correspondence No. 24-09: SB 2003. Chair Robinson stated that it is his understanding that this was deferred by committee and he doesn't think it's gone Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 13 anywhere since. We have a response that was sent from Doug Chin on behalf of the Honolulu Police Commission, and we had been requested to send a response; however, we had not met as a commission to review that. Vice Chair Bertsch related that it is his understanding that this was dead and is out of our purview anyway. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Vice Chair 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 Quartararo, with no discussion, it carried unanimously. Executive session convened at 11.40 a.m. Regular session reconvened at 1.31 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: • HPC 23-40: Complainant alleges false theft report and excessive use of force by officers. Vice Chair Bertsch motioned that due to the expiration of the complainant, case is no longer valid and it be removed from the agenda. Seconded by Commissioner Ing, with no discussion, it carried unanimously. • HPC 23-41: Complainant alleges that officer laughed at victim and called her rude. Complainant alleges officer did not provide her a police report number. Vice Chair Bertsch motioned that this be transferred to the April meeting in Hilo. Seconded by Commissioner Ing, with no discussion, it carried unanimously. Commissioner Quartararo wanted to make sure that the body cam be included. Vice Chair Bertsch stated that we have a form letter that goes to the department issued by the secretary requesting copies of body cam and correspondence, so that would be generic on every single case. Vice Chair Bertsch motioned that 24-05, 24-09, and 24-10 all be postponed until the April meeting and amended his motion to include 24-02 and 24-03. Seconded by Commissioner Quartararo, with no discussion, it carried unanimously. • HPC 24-02: Complainant alleges excessive use of force by unknown officer. • HPC 24-03: Complainant alleges that officer did not arrest responsible person who attacked complainant. Complainant alleges that officer did not conduct photo lineup and did not add details to police report. Hawaii Police Commission Regular Session Minutes March 8, 2024 Page 14 • HPC 24-05: Complainant alleges misconduct in regards to officer-involved traffic accident. Vice Chair Bertsch stated that documentation is lacking on this complaint and they need a lot more information. • HPC 24-09: Complainant alleges violation of temporary restraining order was not documented by officer. Complainant alleges officer was hostile upon requesting a follow up. • HPC 24-10: Complainant alleges officer did not document claim of stalking and assault. Complainant alleged that a request to follow up was made but received no response. Request for representation by Corporation Counsel: • Correspondence No. 23-12: Marie Hukulani Inez Figueroa v. Officer Lawrence Kobayashi, Hilo Police Department, Civil No. 3DCR-23-0001527. Vice Chair Bertsch motioned to strike this correspondence from the agenda as the case was dismissed. Seconded by Commissioner Ing, with no discussion, it carried unanimously. • Correspondence No. 24-04: Patrick G. Enos, Sr., and Chassidy Alohilani Jacobo v. County of Hawaii, Officer D. Zimmerman, Officer J. Masutani, Officer M. Arnold, Officer P. Paglinawan, Officer J. Dodo, Sergeant J. Correa, and Doe Defendants 1-10, Civil No. 3CCV-23-0000449. Vice Chair Bertsch motioned to move this to April. Seconded by Commissioner Ing, with no discussion, it carried unanimously. ANNOUNCEMENTS Chair Robinson announced the next meeting is scheduled for Friday, April 19, 2024, at 9.00 a.m., at the County Building, Council Chambers, Suite #1401, 25 Aupuni St., Hilo, Hawaii. ADJOURNMENT The meeting adjourned at 1.40 p.m. SUBMITTED BY: LYNN PETERSEN, SECRETARY APPROVED BY: JOHN BERTSCH, VICE CHAIR