Loading...
HomeMy WebLinkAbout2024-06-21 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES JUNE 21, 2024 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI ST., HILO, HI CALL TO ORDER AND ROLL CALL Chair Robinson called the meeting to order at 9:00 a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Arthur Buckman, Commissioner Travis Ing, Commissioner Eileen Lacerte, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Jacob Tavares, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Reed Mahuna, Acting Deputy Chief Chad Basque, Assistant Chief Andrew Burian, Assistant Chief Scott Amaral, Major Tuck Loy Aurelio, Captain Dakota Frenz, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Summarized) • Roger Christie testified before the commission regarding the approval of the meeting minutes. He disagreed with the commission's ruling on his complaint from the previous meeting, claiming there is ample evidence supporting his case. He presented additional evidence during this session, distributed as handouts. Mr. Christie believes the Hawai'i Police Department owes a sincere apology to the community for perpetuating misinformation about cannabis. He argued that cannabis has beneficial uses, citing examples from other states where legalization has not led to increased problems. Mr. Christie emphasized the potential benefits of legalizing cannabis in Hawai'i, highlighting its medical potential. He feels the gold standard of good government is citizen involvement and strict oversight. He expressed disappointment with the commission's decision and filed a similar petition with the Board of Ethics. Despite his criticism, Mr. Christie conveyed respect for the police chief and apologized for his frank remarks. Commissioner Bertsch arrived at 9:08 a.m. Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 2 APPROVAL OF THE MINUTES • Vice Chair Bertsch motioned to approve the regular session minutes for May 17, 2024, seconded by Commissioner Lacerte with no discussion, it carried unanimously, and the minutes were approved. • Commissioner Ing motioned to approve the executive session minutes for May 17, 2024, seconded by Vice Chair Bertsch with no discussion, it carried unanimously, and the minutes were approved. Commissioners Quartararo and Buckman abstained due to not being in attendance (the motion passed with 5). Commissioner Quartararo questioned the presentation on cannabis, noting it wasn't on the agenda. He stated that public comments on non-agenda items might not be permitted, but he believes they should be allowed. Chair Robinson advised that Mr. Christie couldn't attend the last meeting. Commissioner Quartararo reiterated his stance on allowing public input on non-agenda items and mentioned he is developing a solution to enable such participation. Chair Robinson suggested addressing this matter during the upcoming special meeting. Commissioner Tavares arrived at 9:12 a.m. POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Major Amaral reported 5,216 serious crimes through May 31, 2024. Of these serious crimes, Area I and Area II criminal investigation units investigated 708 cases, with 424 in Area I and 284 in Area II. • Calls for Service: For May 2024, HPD received 10,083 calls for service, raising the fiscal year total to 110,863. Commissioner Quartararo praised dispatch and patrol. He noted that when he called 911, patrol responded within 5 minutes and effectively resolved the issue. He appreciated the quick response. • Traffic Report: Assistant Chief Basque reported that as of June 5, 2024, there have been 827 traffic crashes this fiscal year, down from 832 at the same time last year. Traffic fatalities at 23, compared to 22 the previous year. DUI arrests are at 863 compared to 888 the following year. In May 2024, there were 90 DUI arrests, compared to 78 in April. Additionally, in May 2024, a total of 6,125 citations were issued, including 4,335 for moving/regulatory violations, 426 for seat belt violations, 20 for child restraint violations, and 1,289 for speeding. Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 3 Commissioner Buckman inquired about DUI arrests, specifically asking about the percentage of cases involving substances other than alcohol. AC Basque mentioned he didn't have the exact statistics on hand but clarified that the report covers all forms of impairment, not just alcohol. Commissioner Buckman wondered about the prevalence of alcohol versus other substances, and AC Basque indicated that alcohol-related cases typically outnumber others, although not all cases involve alcohol. Commissioner Tavares noted a 15% increase in DUI arrests from April to May and questioned whether this was due to increased police presence or specific events like graduations. AC Basque confirmed that graduations, the start of summer, and more manpower on the road contributed to the increase. He explained that multiple factors combined to result in higher arrest numbers, typically observed during holiday seasons and periods of enhanced enforcement efforts. • Personnel Report: Assistant Chief Burian reported that as of May 30, 2024, there are 84 sworn police vacancies in the field, minus 16 from the 99t" recruit class, and 17 from the 100t" recruit class and they have 51 actual positions unfilled. For police communication officers, they have 27 filled and 14 vacant. All five supervising police communication officer positions are fully staffed. Overall, the department has filled 435 of 484 sworn positions (90%) and 125 of 157 civilian positions (80%). Police Officer I Recruitment Activities: The 100t" recruit class comprising 17 recruits, is undergoing academic training until September 30, 2024. The 99t" recruit class, consisting of 17 recruits transitioned to FTO on May 16t", they started with 23 new hires in November 2023. The 98t" recruit class moved to solo assignments on May 16t" The 101st recruit class is scheduled to start on July 16, 2024, with 63 candidates passing the written exam and 58 participating in the agility test (including eight retakes), resulting in 19 eligible applicants progressing to the vetting process. Anticipations are to begin the class with at least 17 recruits. The 102nd recruit class is scheduled to start on November 18t", they have conducted two agility test sessions. Eighteen applicants passed the written exam. on May 8t" they received 17 referred names, including 13 with the November class halfway through the process. Additional agility tests are planned for early July and August to facilitate background checks. In dispatch, a few new hires are currently undergoing training, with two more scheduled to start in mid-July. Commissioner Bertsch inquired about the progress of the new dispatch center. AC Burian responded that it is nearing completion, expected in August or September. Chair Robinson inquired about the resignations of temporary police officers mentioned in the report. AC Burian clarified that the position was a recruit. Chair Robinson then asked about administrative discharges. AC Burian explained that such discharges often result from injuries, whether work-related or not. He added that they generally provide Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 4 the opportunity for these individuals to join a future class under certain performance conditions. Chair Robinson encouraged the commission to attend the 100t" recruit class graduation ceremony and inquired about the date. AC Burian stated it's scheduled for September 30tn Commissioner Quartararo referenced the report and inquired about the victims' services assistant and the sexual assault forensic nurse coordinator, noting that the positions are shown as unfunded and contracted. AC Burian explained that currently, they have a contract, with the YMCA or YWCA, where they provide a nurse examiner and support in cases of sexual assault. He further explained the challenges of filling this position within the county and indicated that they are currently contracting out for these services. • Finance: AC Burian reported that HPD's overall expenditure target was 91.43%, with the actual expenditure at 85.77%. The target for salaries and wages was 95.83%, with the actual figure at 95.04%. Regular salaries and wages were at 83.76%, overtime salaries and wages at 275.72%, and miscellaneous salaries and wages at 136.11%. • Commendations & Awards: Chief Moszkowicz reported receiving four commendations, involving two personnel since the last commission meeting, in recognition of outstanding services. Additionally, Officer Collin Roberts was named the Kona Crime Prevention Committee's Officer of the Month for June 2024 and Officer Kristi Crivello was honored with the Hawaii County Council Haweo Award on June 19, 2024 • Chief Moszkowicz reported on other department activities and updates: Outreach efforts: HPD's community policing officers in coordination with Parks and Recreation have been doing outreach and clean-up projects at the Hilo Bayfront and Banyan tree area for the past several months. They also continue to address issues along Wailuku River across from the Hilo Armory, coordinating with Hope Services and other outreach organizations before taking any enforcement action. Multi-Agency Joint Training Scenario: On June 4t" HPD partnered with HFD, Hazmat teams, the Hawai'i Air National Guard's 93rd Civil Air Support Team, and the Hawai'i County Civil Defense to hold a joint training scenario at Waiakea High School. This scenario was designed to test different agencies' responses to potential hazardous materials incidents. 2024 Annual Remembrance Ceremony: Last month's Police Commission meeting was held during the police week ceremony at the West Hawai'i Civic Center. The next day, on May 18t" they travelled to Oahu to attend the 2024 remembrance ceremony at the Hawai'i Law Enforcement Memorial in Downtown Honolulu. Chief Moszkowicz Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 5 extended an invitation to the commission, expressing that if they are ever interested in attending a future ceremony on Oahu, they would be honored to have any of them in attendance. Temporary Morgue Facility: Chief Moszkowicz explained that anytime someone dies and their physician is not available or willing to sign their death certificate, the responsibility for determining the cause and manner of death falls to the medical examiner or coroner of each county. The Hawaii Revised Statutes further dictate that in Kauai, Maui, and Hawai'i County, the chief of police is also the coroner. There is a contract with a vendor to perform the autopsy procedure, but after the procedure, the custody of the remains is still their responsibility. If a person dies at the medical facility, the hospital typically retains responsibility for the person's remains. They used the morgue facilities at Hilo Medical Center and Kona Community Hospital to store remains until a mortuary could collect them. However, in recent years, local mortuaries have increasingly delayed collections, leading to overcrowded hospital morgues. This raised concerns about the impact on hospital facilities and refrigeration systems. The police department is not directly at fault, the hospitals view the bodies as the department's responsibility and have become increasingly worried. At Kona Community Hospital, an agreement is being developed to allow the county to use a refrigerated container (purchased during COVID) for storing remains at their facility. Corporation Counsel is assisting with the details, and a final agreement is expected within a few months. The Hilo Benioff Medical Center recently informed them they would no longer allow "HPD bodies" in their morgue, requiring them to find a solution for storing remains. This prompted urgent discussions with various officials, including the Mayor and the Attorney General. The current plan is to use county property near the Medical Center for two retrofitted 40-foot refrigerated containers and a secure, covered area. This is a temporary fix for a few years until a permanent morgue facility can be constructed. Chief Moszkowicz reported that this led to broader discussions with the Mayor's Office about the county's responsibility to build a permanent facility. It is suggested that the best practice for transparency and accountability would be to establish an independent coroner or medical examiner's office separate from the Police Department. While this is likely years away, initial discussions have begun. Further updates will be provided to the commission as the situation develops. There was further discussion focused on the morgue, investigations, and autopsies. There was a discussion about rescheduling the special meeting set for July 11t" to review the commission's rules. Chief Moszkowicz, who will be on the East Coast for training, expressed his desire to be involved. Chair Robinson asked if any commissioners objected to moving the meeting to August. Commissioner Sur objected, Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 6 but Vice Chair Bertsch supported rescheduling. Commissioner Lacerte, a new member, noted the rules haven't been updated since 2018. Commissioner Tavares acknowledged the process will be lengthy and suggested holding the meeting as planned to allow commissioners to catch up, followed by a separate meeting with the chief to address specific questions. Chair Robinson asked if there was a motion to postpone the meeting. Vice Chair Bertsch motioned to reschedule to accommodate the chief's availability, emphasizing the importance of working with him and the police department. Commissioner Ing seconded the motion. Commissioners Tavares and Sur opposed. The motion passed with 6 ayes. Recess called at 10:25 a.m. The meeting reconvened at 10:37 a.m. • Budget Presentation: Chief Moszkowicz explained the budget process, noting that he doesn't have the finalized budget for the current fiscal year with only 9 or 10 days left. Once completed, he will share the final accounting with the commission. Last month, they reviewed the March budget, which is the closest to finalized they have so far. He reported being awarded 14 new positions and associated funding starting July 1 st. Despite advocating for more, they were awarded 14 positions. Additions to the Administrative Bureau include an account clerk (Finance), three Police Officer III positions (two HR background investigators, one training staff), and one detective (HR/recruiting/background). At Police Headquarters, the new positions include a Police Captain (Vice Division), a Sergeant (Wellness Unit), and a Media Relations Specialist. The Office of Professional Standards will gain two detective positions. The Investigative Bureau will add two Police Officer II positions (Area I Crime Reduction Unit). Field Operations will receive an additional Police Lieutenant and a Police Officer III (Area II School Resource Officer in Waikoloa). Chief Moszkowicz noted that some of these positions formalize roles currently being filled, allowing borrowed position numbers to revert to their original assignments. Chief Moszkowicz reported on the 12 budget categories, detailing current allocations for fiscal year 2023-24 and the projected allocations for the upcoming fiscal year. Chair Robinson mentioned that their secretary handles both Police and Fire Commission duties, including meeting minutes, which is time-consuming. He asked if the department has transcription or report writing services to help. Chief Moszkowicz explained they successfully piloted software and requested budget approval, but it wasn't granted. If funded, the software would be valuable and they'd be happy to share a license to assist with this task if it becomes available. Commissioner Lacerte noted that many free Al programs can do transcription quickly. Chief Moszkowicz explained the department's concern about encrypting data Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 7 containing criminal justice information to meet FBI standards, requiring compliant software. The challenge is finding a vendor or software that is compliant, but he doesn't see why they can't purchase a few licenses and implement it for other department purposes before implementing them department-wide. In the next 30 days, he will have Deputy Chief Mahuna update the commission on whether they can purchase licenses for Ms. Correa to trial. If the software proves useful, they will cover it under their budget. DCC Frenz advised that HFD purchased a system for LEPC meetings. She suggested asking the Fire Chief to allow Ms. Correa to utilize the same license and see how that works while HPD seeks a larger system. NEW BUSINESS Correspondence No. 24-15: Communication from County Auditor, Tyler Benner regarding notification received by the Office of the County Auditor concerning alleged questionable field practices by the Hawai'i Police Department. Mr. Benner explained that communication was forwarded to the Police Commission to encourage a broader discussion on public complaints and inquiries. His office operates a fraud, waste, and abuse hotline, and the inquiry alleged that the Hawai'i Police Department arrests individuals for DUI when drug paraphernalia is found in a vehicle. This did not fit the definitions of fraud or waste but did fit the definition of abuse which includes the misuse of one's authority and position. The Police Commission as the sole authority entrusted with governance and oversight of the Police Department, is responsible for such matters. According to Police Commission Rules, communications from any county agency on policy matters should be referred to the commission. The Hawai'i County Charter also states that the Police Commission reviews the department's operations to recommend improvements. Mr. Benner clarified that they are not asserting the claim's validity. Since the inquiry was outside the hotline's scope, no investigation was conducted. They referred the matter to the commission, as required by the commission's rules and the County Charter, to avoid impeding their work. They welcome dialogue with the department to clarify practices and seek the commission's guidance on future requests. He emphasized the importance of providing the public with opportunities to give feedback in a non-confrontational manner. Currently, their office lacks instructions on facilitating this. There was further discussion regarding the county auditor's role, investigations, outsourcing external investigators, unsubstantiated and anonymous complaints, and employees' rights. Chief Moszkowicz emphasized that his concern isn't with the content of the anonymous complaint but more about the timing of receiving it last week. He reached out to the commission's secretary for a copy and initiated an inquiry with OPS, finding it unsubstantiated. He emphasized the importance of establishing a clear referral process for Hawai'i Police Commission Regular Session Minutes June 21, 2024 Page 8 these complaints or inquiries. He suggested that the commission provide guidance to the auditor's office on when to refer matters and welcomed direct communication. Mr. Benner clarified that in the future, the auditor will communicate in writing with the commission, who will then ensure the department is informed. He also mentioned he could send an email to the chief informing them that information has been transmitted to the commission, which the chief can then obtain directly from them. Vice Chair Bertsch outlined the process for handling anonymous complaints and emphasized the requirement for notarization. This was their first time receiving such communication. It would be irresponsible for the commission to disregard a valid whistleblower complaint. He highlighted the importance of anonymity for whistleblowers and the protection it provides. Mr. Benner noted that according to Police Commission rules, the commission has the authority to investigate misconduct. He suggested that as they review and reform their processes, they might consider enhancing these capabilities across different functional areas. Vice Chair Bertsch acknowledged that there is broad language in their rules allowing for inquiries determined by the commission. He agreed with Mr. Benner, indicating this will be a significant topic for discussion during their review of rules and practices. DCC Frenz disagreed, citing that the current rules do not permit the commission to receive anonymous complaints, specifically under Rule 6. She emphasized the importance of clarity and separation of roles, noting that the County Auditor holds a specific role in this regard. Mr. Benner added that during pilot phases, they received calls from officers seeking assistance on policy and recruitment concerns. They aim to improve communication pathways to ensure concerns are heard without fear of reprisal, akin to implementing a suggestion box system. Chief Moszkowicz mentioned the recent establishment of a suggestion box within their PowerDMS system. Officers can access it through DMS and submit messages to a designated box called "Ask the Chief." This process is detailed in department-wide videos. Responses are provided, and FAQs are posted. 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 Lacerte, with no discussion, it carried unanimously. Executive session convened at 11:29 a.m. Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 9 Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at 2:52 p.m. Recess was called at 2:53 p.m., the meeting reconvened at 3:01 p.m. Correspondence No. 24-15: Vice Chair Bertsch motioned to accept this communication from the Office of the County Auditor into the record and file it, seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. ACTION ON EXECUTIVE SESSION MATTERS Correspondence No. 24-14: Vice Chair Bertsch motioned to accept correspondence from the District Court of the Third Circuit into the record and file it, seconded by Commissioner Ing, with no discussion, the motion 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. (continued from 4/19/24). Vice Chair Bertsch motioned that there is sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Quartararo. Vice Chair Bertsch requested to go back into executive session. 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 Tavares, with no discussion, it carried unanimously. Executive session convened at 3:04 p.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Ing, with no discussion, and it carried unanimously. Executive session reconvened at 3:08 p.m. • Investigation of complaints (cont.): o HPC 24-01: Vice Chair Bertsch motioned that there was sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. o Vice Chair Bertsch made a follow-up motion to HPC 24-01 to conduct further investigation due to additional material facts presented to the commission. Seconded by Commissioner Ing. Chair Robinson stated this secondary complaint Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 10 would be classified as HPC 24-01A, with no further discussion, the motion carried unanimously. o HPC 24-11: Complainant alleges that the officer utilized her authority to obtain information and records, and posted content on social media, depicting their business in an unfavorable manner. Commissioner Quartararo motioned that there was sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Buckman, with no discussion, the motion carried unanimously. o HPC 24-12: Complainant alleges excessive use of physical force during arrest. Chair Robinson announced that the complainant came before the commission today and was informed that the complaint would be held in abeyance for 90 days pending resolution of their criminal court matter. He advised that no vote was needed for this decision, and the matter will continue as such. o HPC 24-15: Complainant alleges officer used harsh and violent language to her minor child. Commissioner Tavares motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Ing, DCC Frenz noted that the complainant was not present at today's hearing, with no further discussion the motion carried unanimously. o HPC 24-18 & HPC 24-20 (complaints in the non-acceptance category): Vice Chair Bertsch motioned to accept the chair's decision to decline the investigation for failure to comply with the Police Commission's Rules of Practice and Procedure (Rule 6). Commissioner Ing seconded, with no discussion, and it carried unanimously. • Request for Representation by Corporation Counsel: o Correspondence No. 24-16: Vice Chair Bertsch motioned to accept and approve legal representation. Commissioner Ing seconded, with no discussion and it carried unanimously. Commissioner Quartararo made a motion to restrict the production of sensitive information to a commissioner on a conflict matter. Commissioner Ing seconded, with no discussion, and it carried unanimously. ANNOUNCEMENTS Chair Robinson announced that the special meeting scheduled for July 11, 2024, has been rescheduled for August 8, 2024. He asked for a motion to confirm the new date. Vice Chair Bertsch motioned to confirm the new meeting date, seconded by Commissioner Lacerte. Chair Robinson announced that the special meeting for the commission to discuss its rules of practice and procedure will be on August 8, 2024, at 9:00 a.m., in Hilo Council Chambers. Vice Chair Bertsch requested the commission be emailed in digital Hawaii Police Commission Regular Session Minutes June 21, 2024 Page 11 format the Hawaii County Charter, Hawaii County Code, General Orders, SHOPO Agreement, and the Hawaii County Police Commission's current Rules of Practice and Procedure. He strongly recommended the commission review the information focusing on duties, authorities, and the timelines for addressing internal and external complaints. With no further discussion, the motion carried unanimously. Chair Robinson announced the next regular meeting is scheduled for Friday, July 19, 2024, at 9:00 a.m. at the West Hawaii Civic Center, Building A Council Chambers, Ane Keohokalole Highway, Kailua-Kona, HI. Commissioner Quartararo asked about public testimony on items not on the agenda. This led to a discussion on the Sunshine Law and open meetings. The commission agreed to address this issue at an upcoming special meeting focused on reviewing rules of practice and procedure. ADJOURNMENT The meeting adjourned at 3:29 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR