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HomeMy WebLinkAbout2024-04-19 Police Commission Regular Minutes HAWAFI POLICE COMMISSION REGULAR SESSION MINUTES APRIL 19, 2024 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI ST., HILO, HAWAFI CALL TO ORDER AND ROLL CALL Vice Chair John Bertsch called the meeting to order at 9:07 a.m. Present: John Bertsch, Vice Chair Travis Ing, Commissioner Eileen Lacerte, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Jacob Tavares, Commissioner Absent: Rick Robinson, Chair A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Reed Mahuna, Acting Deputy Chief Andrew Burian, Assistant Chief Scott Amaral, Major Jeremie Evangelista, Acting Major Tuck Loy Aurelio, Captain Brian Souki, Detective Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF MINUTES • Commissioner Sur motioned to approve the regular and executive session minutes for October 20, 2023, seconded by Commissioner Quartararo with no discussion, it carried unanimously, and the minutes were approved. • Commissioner Ing motioned to approve the regular and executive sessions for March 8, 2024, seconded by Commissioner Quartararo 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. Detailed reports are on file: • Crime Report: Major Amaral reported through May 31, 2024, there were 4,241 serious crimes. For the fiscal year, burglaries decreased in both Area I and Area II. Area II saw an increase in robberies, while Area I saw an increase in thefts. Auto thefts decreased in both areas. Sexual assaults increased in Area I, while murders decreased in both areas. Attempted murder rose in Area II, and assaults increased in both areas. Overall, Hawai'i Police Commission Regular Session Minutes April 19, 2024 Page 2 Area I experienced an increase in total crimes compared to the previous fiscal year. Of the 4,241 serious crimes, the Criminal Investigation Units in Area I and Area II investigated 570 cases: 342 in Area I and 228 in Area II. There was at least a 100% clearance rate in Area I in all categories except sexual assaults (91%). In Area 11, there was a clearance rate of 100% or more in auto thefts and attempted murders. • Calls for Service: Major Amaral reported for March 2024, the department received 10,211 calls for service. The fiscal year to date is at 91,328. Commissioner Quartararo inquired about Area II burglaries, noting a 90% clearance rate. Major Amaral responded, explaining ongoing investigations as the likely reason. He highlighted instances where clearance rates surged due to solving older cases. The clearance rates could change significantly next month. • Traffic Report: Acting Major Evangelista reported that as of April 5, 2024, for this fiscal year, traffic crashes are at 669, with 19 traffic fatalities, seven of which involved DUls. There have been 695 DUI arrests, which is up about 10% compared to last fiscal year. In March 2024, there were 68 DUI arrests compared to 83 the month prior. A total of 4,358 citations were issued: 3,117 for moving/regulatory, 282 for seat belts, 16 for child restraint, and 943 for speeding. The Chief's Office directed all district commanders to implement highway safety enhancement plans, emphasizing visibility and aggressive enforcement of traffic laws. Each commander devised a plan, mostly resembling each other, focusing on active presence on the roads and conducting vehicle stops. Since the beginning of the year, there have been 112 distracted driving enforcement projects, 90 impaired driving enforcement projects, 117 occupant protection projects (seat belts and child restraints), and 471 speeding projects. He highlighted that these figures only represent documented enforcement projects, not accounting for patrol officers' continuous efforts. Stressing collective responsibility, they need the public to remain vigilant, sober while driving, and attentive to other drivers on the road. Vice Chair Bertsch requested Acting Major Evangelista to clarify the nature of enforcement projects, particularly regarding distracted driving, for the benefit of new commissioners. Acting Major Evangelista explained that distracted driving involves using a mobile electronic device while driving, which is a violation of the law. They typically deploy spotters to identify such violations, then communicate with officers ahead to conduct traffic stops, engage with drivers, and potentially issue citations for the offense. Commissioner Quartararo clarified that wearing earbuds while driving isn't prohibited. A/Major Evangelista noted that although there's no specific ban, being distracted by them could lead to a citation for inattentive driving. When asked about surveys identifying dangerous areas, A/Major Evangelista mentioned they don't conduct traffic impact analyses or surveys for specific intersections. However, they do pay closer attention to areas with a high frequency of crashes. Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 3 Commissioner Tavares suggested adding two extra columns to the crime and traffic report, showing statistics over a three or five-year period to observe trend alignments. Major Amaral indicated that the chief could explore implementing it. • Personnel Report: Assistant Chief Burian provided an update on vacancies as of March 31, 2024. There are currently 89 sworn vacancies in the field, with deductions from the 98th, 99th, and 100th Recruit Classes, resulting in 47 unfilled positions. As for Police Communications Officers, there are 28 filled positions and 13 vacancies. All Supervising Police Communications Officer positions are currently filled. The next training class, starting on May 1st, will consist of two individuals, with interviews scheduled for the following class starting on June 1st. Assistant Chief Burian noted an improvement in dispatch compared to five or six years ago during his time in Technical Services. Overall, HPD has filled 421 out of 484 sworn positions (87%) and 123 out of 156 civilian positions (79%). • Police Officer I Recruitment Activities: Assistant Chief Burian provided updates on ongoing recruitments. The 100th Recruit Class consists of 17 recruits, who will undergo training until September 30, 2024. The 99th Recruit Class, with 18 recruits, is currently undergoing classroom training until May 15, 2024, after which they will transition to field training. The 98th Recruit Class, with seven recruits, started field training on January 17th and will continue until May 16th. The upcoming 101st Recruit Class is scheduled to commence on July 16th, 27 attended the agility test. With continuous recruitment efforts, this class is expected to include individuals from four separate agility tests and four separate written tests held monthly. While progress is gradual, various measures have been implemented to enhance recruitment efficiency. • Other Recruitment Activities: Assistant Chief Burian reported Police Officer III recruitments ran internally from February 11th through February 20th. The refereed list has been received, pending administrative review with County HR. Although Police Sergeant/Detective and Lieutenant written exams were completed, recruitment was canceled due to issues. A new recruitment process will commence in May, with the previous test voided. Applicants will need to reapply and undergo testing again. He acknowledged an oversight in generating the reading list, overlooking Section 707 of the Hawaii Revised Statutes, resulting in the provided list containing Sections 708-712, with some questions from Section 707 included. Additionally, the passing score was changed from 60 to 70, contrary to their General Orders. Despite their authority to recommend passing scores, the final decision lies with County HR. This discrepancy prompted consultation with County HR, who decided not to certify it and advised to reissue the recruitment. This was done to avoid potential future issues regarding compliance with General Orders. He acknowledged and took responsibility for this error. Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 4 Chief Moszkowicz added that this occurred because they aimed to innovate and update the test content. Historically, the written test didn't cover Hawai'i Revised Statutes, bargaining unit contracts, or policies and procedures. However, when they incorporated these elements into a new test, it created numerous complications. They realized that if HR certified the list, they would likely face grievances from multiple parties. Ultimately, the cleanest solution was to discard the test altogether. Commissioner Ing inquired about the perception surrounding the recent situation. AC Burian noted that while he hadn't directly queried officers, they aimed for transparency. He mentioned that SHOPO had met with the chief, emphasizing their commitment to promoting the most qualified individuals and making the testing process more straightforward. Chief Moszkowicz highlighted the importance of effective communication, citing a recent HPD TV episode where they explained the situation comprehensively. Assistant Chief Burian reiterated their transparency, emphasizing their goal of promoting the most capable candidates through a fair process Commissioner Lacerte asked what the likelihood of getting a score up to 70% was. AC Burian explained it hinges on the volume of material one needs to study. After consulting with HR, they decided to change the passing score to 65%. However, he advocated for maintaining the score at 60%. In the past, he observed a low pass rate on the test. Candidates may possess strong book knowledge, but do they have the comprehensive understanding required? He stressed the importance of various assessment components beyond the written test, such as performance evaluations, interviews, memos, and supervisor feedback. Relying solely on written testing could potentially exclude a significant portion of qualified candidates. There was further discussion regarding the recruit class graduation, vacancies, and retirees assisting with background checks. The department is making progress and is currently in its best position regarding sworn vacancies since approximately 2020. While recruits aren't in the field yet, they are progressing through the pipeline. • Other Recruitment Activities (continued): AC Burian reported internal captain recruitment took place from January 14th to January 23rd, with a referral list received and pending interviews. Major recruitment is underway, awaiting selection. Continuous recruitment efforts persist, with the latest physical agility test held in April, resulting in four successful candidates who will join the recruit class in July. The next set of written exams for Police Officer I is scheduled for April 22nd, followed by the physical agility test on May 8th. Assistant Chief Burian extended an invitation to the commission to observe the agility test on May 8th, starting at 7:30 a.m. • Finance: AC Burian reported HPD's targeted overall expenditure target was 70.66% and the actual was 69.57%. Targeted salaries and wages expenditures were 79.17% and actual 77.96%. Regular salaries and wages at 68.98%. Overtime salaries and wages were 222.52% and miscellaneous salaries and wages were 107.09%. Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 5 Commissioner Tavares inquired about the increased presence of DLNR enforcement officers in the field and whether HPD perceives it as a means to enhance coverage and collaboration. Additionally, he questioned whether there has been any adverse impact on the candidate pool, with individuals potentially opting for DLNR enforcement officer roles instead of applying for police officer positions. AC Burian expressed unawareness of any increase in DLNR manpower and highlighted the effective collaboration between HPD and DLNR, but they have differing missions. While they occasionally assist each other, he hasn't noticed any significant changes in recruitment due to DLNR expansion. Recruitment remains challenging. While Honolulu and Maui offer higher bonuses, HPD is focused on attracting experienced officers with different strategies. He doesn't view DLNR as direct competition and notes that SHOPO police officer compensation package is generally more attractive. While there have been officer transfers to DLNR in the past, such occurrences have been infrequent recently. Commissioner Lacerte highlighted the possible challenge of recruiting experienced officers from the mainland due to housing affordability issues. Hawai'i County has no programs assisting law enforcement with housing, as they do with nurses and other trades. This can deter officers from other parts of the country where living costs are lower. AC Burian mentioned that the chief has plans for alternative forms of compensation. While housing costs vary across the Hawaiian Islands, the Big Island is generally more affordable, particularly in East Hawai'i and the South regions compared to Kona and Waimea. With the compensation packages offered, owning a house is feasible, especially in areas where housing costs are more reasonable. Commissioner Quartararo mentioned subsidies provided to essential employees in Santa Clara and inquired if this is a priority for HPD. Chief Moszkowicz responded that they have a plan they believe will be effective moving forward. Vice Chair Bertsch inquired about how the Chief is addressing the 12-month residency requirement for employees. Chief Moszkowicz clarified that it's not a requirement outlined in the class specifications for Police Officer I positions. Vice Chair Bertsch inquired about the progress of the new dispatch center. AC Burian explained that it is scheduled for completion in June, with occupancy planned for August. While certain installations are still pending, they are nearing completion. Vice Chair Bertsch asked if they plan to maintain the existing dispatch center. AC Burian confirmed, explaining that it will serve as their backup center. Currently, they lack a viable backup center, with the existing backup center located in Civil Defense—a small area with only three dispatch consoles, unsuitable for their operational needs. Other Department Activities: Chief Moszkowicz discussed his recent meeting with Hawaii Community College (HCC), where funding issues were addressed. One Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 6 concern raised was the financial aid challenges faced by community college attendees, leading to decreased enrollment. To support officers, HPD offers tuition reimbursement using asset forfeiture funds for relevant courses. HCC is willing to create an online course specifically focused on technical report writing, addressing a need within HPD. He hopes this initiative evolves into a program. Whether it's enhancing job skills or preparing potential academy applicants, both approaches are viable. Additionally, Chief Moszkowicz will discuss potential collaborations with the new head of the justice administration program at UH Hilo to explore additional resources and opportunities for integration. The chief announced that HPD is moving forward with the crime mapping project that will coincide with the relaunch of HPD's website, which hasn't been updated in 19 years. Once completed, they will unveil the brand-new website, along with a working demo model. The website will contain or link directly to the crime mapping platform. The current training of 42 individuals does not contribute to the count of 84 vacant positions. Half of these vacant positions already have individuals hired. The upcoming July class includes candidates who retook the agility test. Among them, five individuals successfully passed and are now part of the applicant pool for the July class. Chief Moszkowicz mentioned that the audit has been completed and finalized. It could be included in a future agenda for discussion if the commission has specific questions. The audit contains a substantial amount of data. Commissioner Lacerte inquired whether anyone in HPD's IT section utilizes Artificial Intelligence (AI) for analysis and statistical purposes, which could significantly expedite processes. Chief Moszkowicz clarified that at present, Al is not utilized within the department. • Commendations and Awards: Chief Moszkowicz reported receiving eight commendations, involving 16 personnel since the last Police Commission meeting in recognition of outstanding services. Additionally, not mentioned in the report, Officer Makena Naho'oikaika received the Kona Crime Prevention Committee's Officer of the Month Award for April 2024. Detective Derek Morimoto received the Haweo Award in April. Chance Lunsford was honored as the Aloha Exchange Club of East Hawai`i's Officer of the Year for 2023. Hau'oli Aiona, Accountant IV was honored as the 2023 Administrative Employee of the Year. Shanna Badon Dellomes was named as Police Communications Officer of the Year. • Chief Moszkowicz reported on other department activities and highlights: o On April 6th HPD participated in the Merrie Monarch Parade for the first time in several years. Commissioner Lassiter taught him how to ride a horse and he was able to participate in the parade. Hawai'i Police Commission Regular Session Minutes April 19, 2024 Page 7 o HPD revamped its approach to presenting data on fentanyl arrests and recovery statistics. o Hawai'i Isle Police Activities League (HI-Pal) activities: On March 22nd, a boxing tournament took place in Kona, followed by participation in the Hawai'i Keiki Rodeo Championship in Pana'ewa on April 13th. o It's currently National Public Safety Telecommunicators Week. Since 1994 it's been nationally recognized as the second week in April. o HPD is currently participating in the Na Leo Youth Media Challenge. Collaborating with Na Leo and youth who are interested in digital media production. o 2024 Hawaii Island Boy Scouts Makahiki celebration was on April 13t" at the Tennis Stadium. They provided fingerprinting activities that are required for merit badge completion. o For Women's History Month, HPD highlighted female department personnel working in different capacities. Videos were posted on social media. o They are currently navigating through a budget cycle. The Mayor's Office produces a March budget, presented to council, and they produce a May budget. By the time of the May Police Commission meeting, he hopes to have a copy of the May budget presentation. He would like to have the deputy chief run the commission through the budget presentation and requested adding this item to the agenda. Vice Chair Bertsch inquired about the department's efforts in ensuring patrol units have an ample supply of Narcan. Chief Moszkowicz clarified that every patrol officer is equipped with Narcan, with additional reserves available at all stations and in the administrative captain's office. Upon usage, officers submit reports, allowing the department to track statistics and replenish supplies accordingly. Vice Chair Bertsch also inquired about expiration dates, to which the chief confirmed they expire. Vice Chair Bertsch commended Chief Moszkowicz for his outstanding community outreach program, noting its continuous improvement with each monthly report. He inquired whether HPD publishes a monthly calendar featuring the events they participate in. Vice Chair Bertsch emphasized the importance of commission members attending these functions. Chief Moszkowicz explained that currently, HPD does not publish such a calendar due to limitations with their website. However, this feature will be incorporated into the new website once it is launched. Additionally, Vice Chair Bertsch requested that at least a six-week look ahead of events be presented at commission meetings to allow commissioners to schedule attendance and gather community feedback. Chief Moszkowicz confirmed that this can be arranged. NEW BUSINESS Confirmation of Reed Mahuna's appointment as deputy police chief. Hawai'i Police Commission Regular Session Minutes April 19, 2024 Page 8 Chief Moszkowicz mentioned that in June or July of 2023, he approached the commission regarding the possibility of having Reed Mahuna serve as the acting deputy chief until executive salaries could be aligned, which has now been accomplished. Since July 1st, Reed Mahuna has served as the acting deputy chief. In January, he was officially sworn in by the Mayor. However, due to the timing of meetings and the hiatus in commission meetings for several months, the County Charter still requires affirmation from the Police Commission of his selection and appointment as deputy chief. Vice Chair Bertsch inquired if anyone had questions for Reed Mahuna, to which there were none. Deputy Chief Mahuna expressed his gratitude for the opportunity to serve in his position, acknowledging the support from the chief, the department, and the commission. He emphasized the significance of the role, noting the substantial workload ahead. Nonetheless, he expressed his happiness and pride in being part of it. Vice Chair Bertsch mentioned that he has known Deputy Chief Mahuna for approximately 20 years of his career, as well as his father, who served as a police chief for several years. He expressed his support for his selection. Commissioner Tavares motioned to affirm Deputy Chief Mahuna to this position, seconded by Commissioner Sur. With no discussion, all were in favor, the motion carried unanimously. UNFINISHED BUSINESS Review and discuss the Police Commission's Rules of Practice and Procedure focusing on internal and external complaints. Vice Chair Bertsch emphasized the importance of the Police Commission regularly reassessing its rules and procedures to ensure they remain up-to-date and capable of delivering the best services for the County. Having participated in several of these in the past, he acknowledged the significant time, thought, and understanding required. He recommended the commission convene a special meeting dedicated to discussing rules, responsibilities, and commissioners' expectations, and to conduct a thorough review of their rules and the way they function effectively. Although there was a previous discussion at the last meeting regarding the necessity of a special meeting, consensus was not reached due to concerns about time constraints. Vice Chair Bertsch proposed that the commission host a dedicated special meeting solely for this purpose. He then requested a motion to schedule such a meeting. Commissioner Lacerte made a motion to hold a special meeting, seconded by Commissioner Ing. With no discussion, all in favor, the motion carried unanimously. Vice Chair Bertsch noted that the commission will look at dates at the end of the meeting. Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 9 Recess was called at 10:33 a.m., the meeting reconvened at 10:53 a.m. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Quartararo 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 Ing, no discussion, all in favor, executive session convened at 10:55 a.m. Motion to reconvene open session made by Commissioner Sur, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at 2:32 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Request for Representation by Corporation Counsel: o Correspondence No. 24-04: Commissioner Sur motioned to approve legal representation. Commissioner Ing seconded, with no discussion and it carried unanimously. o Correspondence No. 24-12: Commissioner Ing motioned to approve legal representation. Commissioner Quartararo seconded, with no discussion and it carried unanimously. • Investigation of Complaints: o HPC 24:01: Complainant alleges officers failed to conduct tests on a potentially intoxicated driver responsible for a traffic accident. Commissioner Lacerte made a motion to request an interview with the additional officer and request the EMS report and body-worn camera footage. Commissioner Sur seconded, with no discussion and it carried unanimously. o HPC 24-02: Complainant alleges an officer used excessive force when intervening in a confrontation. Commissioner Ing made a motion to decline based on Hawaii Police Commission Rule 6(c)(5), the complainant has given notice of their intention to seek remedies through a civil suit. Commissioner Lacerte seconded, with no discussion and it carried unanimously. o HPC 24-09: Complainant alleges violation of restraining order was not reported and the officer was hostile upon requesting a follow-up. Commissioner Ing made a motion to refer to the Chief's Office for customer service concerns. Commissioner Sur seconded, with no discussion and it carried unanimously. Hawaii Police Commission Regular Session Minutes April 19, 2024 Page 10 o HPC 24-10: Complainant alleges officer failed to document their report of stalking and assault, and despite requesting a follow-up, received no response. Commissioner Ing made a motion that there is insufficient evidence to prove the complainant's allegations of misconduct. Commissioner Lacerte seconded, with no discussion and it carried unanimously. o Complaints in the non-acceptance category: HPC 23-37, HPC 23-38, HPC 23-39, HPC 24-05 (complainant withdrew), HPC 24-06, HPC 24-07, 24-08. Commissioner Ing motioned to accept the chair's decision to decline investigations for failure to comply with the Hawaii Police Commission's Rules (Rule 6). Commissioner Quartararo seconded, with no discussion and it carried unanimously. Vice Chair Bertsch stated he would like to schedule a special meeting to review the Police Commission's rules, regulations, and limits of authority. During the discussion, the meeting's logistics were considered, and it was decided that the meeting would be held in Hilo, lasting approximately six hours. It would start at 9:00 a.m. or 10:00 a.m. on Monday, May 6t", with Tuesday, May 14t" as an alternate date. Vice Chair Bertsch requests notifications be sent to the police chief if he's available, and OPS to provide a presentation on their investigation procedures, including, Garrity, Giglio, etc. Additionally, he proposes inviting SHOPO. He also suggested having DCC Frenz provide a presentation to include the Sunshine Law. ANNOUNCEMENTS Vice Chair Bertsch announced the next meeting is scheduled for Friday, May 17, 2024, at 9:00 a.m., at the West Hawaii Civic Center, Council Chambers, Building A. ADJOURNMENT The meeting adjourned at 2:48 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR