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HomeMy WebLinkAbout2024-07-19 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES J U LY 19, 2024 WEST HAWAFI CIVIC CENTER, BUILDING A, COUNCIL CHAMBERS 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HI CALL TO ORDER AND ROLL CALL Chair Robinson called the meeting to order at 9:04 a.m. Present: Rick Robinson, Chair Arthur Buckman, Commissioner Eileen Lacerte, Commissioner Rod Quartararo, Commissioner Jacob Tavares, Commissioner Absent: John Bertsch, Vice Chair Travis Ing, Commissioner Anthony Sur, Commissioner A quorum was present. Also present: Reed Mahuna, Deputy Chief Scott Amaral, Major Jeremie Evangelista, Major Thomas Shopay, Major Tuck Loy Aurelio, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) POLICE CHIEFS REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Major Scott Amaral reported 5,691 serious crimes through June 30, 2024. Of these serious crimes, Area I and Area II criminal investigation units investigated 768 of those cases, with 457 in Area I and 311 in Area II. • Calls for Service: For June 2024, HPD received 9,550 calls for service, raising the fiscal year total to 120,413. Chair Robinson asked for clarification on what it means to "clear" a case. Does clearing a case imply that the responsible person has been identified and arrested? Major Amaral explained that clearing a case means that a suspect has been identified, or the investigation has been completed and forwarded to the prosecutor's office, either by deferring, routing, arresting, or charging. Additionally, this can include cases that were closed without prosecution or those deemed unfounded, where no crime actually occurred. Hawaii Police Commission Regular Session Minutes July 19, 2024 Page 2 Commissioner Tavares arrived at 9:15 a.m. • Traffic Report: Major Thomas Shopay reported that as of July 15, 2024, there have been 911 traffic crashes this fiscal year, compared to 890 last year. Traffic fatalities are at 25, compared to 24 the previous year. DUI arrests are at 946 compared to 955 the following year. In June 2024, there were 83 DUI arrests, compared to 90 in May. Additionally, in June 2024, 5,584 citations were issued, including 3,824 for moving/regulatory violations, 397 for seat belt violations, 28 for child restraint violations, and 1,232 for speeding violations. Commissioner Quartararo inquired whether there were specific areas with a higher occurrence of moving violations or traffic crashes. Major Shopay responded that traffic crashes are fairly evenly distributed across the island, but patrol and traffic enforcement officers focus on higher-speed areas where more serious accidents occur. Commissioner Quartararo expressed frustration over traffic issues in Kona and mentioned specific intersections of concern, specifically mentioning Makala and Queen K, Palani & Queen K, and Henry Street as areas of interest. Major Shopay advised him to provide the details so they can be forwarded to the appropriate agency for review. Commissioner Lacerete suggested that Al could be useful in analyzing traffic trends. She then asked how the speed limit was changed from Kawaihae Road past the Waikoloa Resort. Major Shopay explained that the State conducts a traffic study, considering factors like traffic volume, incidents, and road engineering. The Police Department's role is to enforce the speed limit, not to set it; the State makes the decision. Commissioner Buckman suggested analyzing violations per capita by district, looking at the number of citations in relation to the population. Major Shopay stated that they could look into this. • Personnel Report: Major Jeremie Evangelista reported that as of June 30, 2024, there are 89 sworn police vacancies. With 15 recruits in the 99t" class, 16 in the 100t" class, and 18 in the 101st class, 40 sworn positions remain unfilled. For police communications officer positions, 28 are filled, leaving 13 vacancies across PCO I and PCO II roles. All five supervising police communications officer positions are filled. The department has filled 446 of 484 sworn positions (92%) and 127 of 157 civilian positions (81%). Police Officer I Recruitment Activities: The 99t" recruit class is currently in field training and is scheduled to go solo on September 161". This class began with 23 recruits on November 16, 2023, and now has 15 officers. The 100t" recruit class started with 17 recruits on April 1st and currently has 16 in academic training, which will continue until September 30t", after which they will begin field training. The 1 01 st recruit class has 18 Hawai'i Police Commission Regular Session Minutes July 19, 2024 Page 3 recruits in academic training, scheduled to continue until January 15, 2025, before moving to field training. They anticipate a start date for the 102nd recruit class on November 18th, 18 passed the written test, and 20 attended the agility test. Since December 3, 2023, Police Officer I positions have moved to continuous recruitment. On May 8,2024, 17 candidates were referred to HPD, 13 of those were new applicants, and 4 were retakes. There were two no-shows, nine passed, and six failed. On June 5th, eight applicants were referred, five were new, three were retakes, three of them were no-shows, four passed and one failed. During the week of June 17th, a written examination was held, followed by a physical agility test on July 31. Thirteen candidates were referred on July 31; of these, six passed, five failed, and two did not show. Applicants can retake the agility test on August 7th. The next written exams for Police Officer I will be held the week of July 22nd followed by the physical agility test on August 7th. • Finance: Major Evangelista reported that HPD's overall expenditure target was 99.86%, with the actual expenditure at 92.33%. The target for salaries and wages through June 30, 2024 (close of the fiscal year) was 100%, with the actual figure at 99.46%. Regular salaries and wages were at 88.64%, overtime salaries and wages at 239.18%, and miscellaneous salaries and wages at 143.63%. Commissioner Tavares mentioned that at the last meeting, they requested a turnover or retention report and inquired about any progress on that. Major Evangelista responded that progress is likely being made but wasn't certain about the current status. Commissioner Buckman asked whether the Police Commission is involved in the recruit class training, specifically if recruits are introduced to the commission, its role, and how it relates to them in the future. Major Evangelista responded that he believes this is covered in a block of instruction. Commissioner Buckman noted that this was suggested five years ago, but he's unsure if it has been implemented. Major Evangelista, reflecting on his own experience as a recruit, recalled being trained on the Police Commission, so he is confident it is part of the current training. Chair Robinson referenced the finance report, noting that $331,928 was carried over under year-end salaries and wages, indicating that the full budgeted amount wasn't spent. Major Evangelista explained that this was due to their vacancies. Chair Robinson then inquired about the costs incurred by officers who assisted Maui after the wildfires, asking whether Maui County would reimburse these expenses or if it would be covered by the County of Hawai'i. Major Evangelista responded that they are seeking reimbursement for those salaries and wages. When asked whether the reimbursement would come from Maui County or a federal disaster fund, Major Evangelista clarified that he wasn't certain of the process—it could involve requesting funds from Maui, which might then seek federal assistance, but he did not have specific details. Hawaii Police Commission Regular Session Minutes July 19, 2024 Page 4 Chair Robinson inquired about continuous recruitment, specifically who refers applicants to the department. Major Evangelista explained that referrals come from the Department of Human Resources (DHR). Applications are completed online and screened by DHR to ensure that candidates meet the minimum qualifications before they are referred to the department. Commissioner Tavares referred to the salaries and wages summary and noted that overtime expenses have reached 239% of the budget, which he assumes is due to staff shortages. He suggested that it would be helpful to see a five-year trend in future meetings, showing overtime as a percentage of the overall budget compared to regular salaries and wages. This would provide insight into how overtime costs are trending over time as the department works to recruit more officers and address staffing gaps. • Commendations &Awards: Deputy Chief Mahuna reported Officer Charles Cladwell- Kaai was named the Kona Crime Prevention Committee's Officer of the Month for July 2024. Officer Sheldon Adviento received the Aloha Exchange Club Officer of the Month award for April 2024, Officer Edward Petrie was honored for May 2024, and Sybastian Keltner for June 2024. Additionally, he reported that five commendations have been awarded to personnel since the last commission meeting in recognition of their outstanding service. • Deputy Chief Mahuna reported on other department activities and updates: Community Policing Projects: In July, officers visited EB Desilva, Hilo, and Waiakea Schools daily to conduct fishing practice and teach ocean safety. Participants will compete in the Blue Light Fishing Tournament on July 26th. At the end of June and beginning of July, Community Policing supported Vibrant Hawaii by providing classes for their Youth Academy Summer Program. Additionally, at the Hi-Pal event at Lanakila Housing, officers engaged with approximately 30 children in sports activities such as football, kickball, and flag football. Underage Drinking Enforcement: In July, officers in the juvenile section conducted underage drinking enforcement operations on weekends. Recognition Ceremony: Deputy Chief Mahuna announced upcoming changes to their recognition ceremony due to recruits quitting during the FTO process. They found that recruits and their families may not be receiving adequate support during the transition from classroom to field training. To address this, they will organize a family night and badge-pinning ceremony at the station, inviting chaplains, peer support officers, and FTOs to discuss the FTO process with recruits and their families. They will also assist families in downloading the department's wellness app and connecting with wellness resources. The public graduation luncheon for recruits will now be held at the end of their FTO to celebrate the completion of their entire training. Hawaii Police Commission Regular Session Minutes July 19, 2024 Page 5 Additionally, HPD received the Outstanding Partnership Award from Homeland Security Investigations. Further discussion covered ghost guns and the statewide bomb squad. Chair Robinson questioned how ghost guns are obtained and assembled, asking if serial numbers are ground off or if components are ordered and put together. He was interested in understanding their acquisition, assembly, and lack of serial numbers. Commissioner Tavares wanted to clarify his earlier request about salaries and wages. He asked if it would be possible to include a separate statistic in the summary showing overtime as a percentage of total actual HPD salaries and wages, with year-over-year trends and three- and five-year averages. He expects this would reveal trends between overtime as a percentage of total salaries and wages in relation to headcount, as well as trends between overtime as a percentage of actual wages and vacancies. He believes this information would be helpful. APPROVAL OF THE MINUTES • Chair Robinson asked if there were any comments or discussions regarding the minutes. Hearing none, the regular and executive session minutes from the June 21, 2024 meeting were approved, with no objections. NEW BUSINESS Correspondence No. 24-18: Invitation letter to the 68th Annual Hawaii State Law Enforcement Officials Association (HSLEOA) Conference. Chair Robinson announced that the invitation had been distributed and inquired if anyone planned to attend. With no responses, he mentioned that he and John Bertsch were planning to attend and asked others to let them know if they also intended to go. Recess was called at 9:54 a.m., the meeting reconvened at 10:07 a.m. Chair Robinson announced that a new attorney has been assigned to the commission. DCC Frenz is now with the Police Department, and DCC Salas-Ferguson will be their new counsel. Commissioner Lacerte expressed her dissatisfaction with the assignment change, noting that it was not a reflection on the new counsel. She found it absurd that their previous counsel, who assisted with police complaints, is now working directly for the department. She asked if others felt the same way. Chair Robinson agreed with her concerns and noted that he had hoped to have DCC Frenz participate in the upcoming special meeting to amend their rules and regulations. He added that he is confident DCC Salas-Ferguson will provide valuable assistance as well. Hawai'i Police Commission Regular Session Minutes July 19, 2024 Page 6 Commissioner Tavares inquired if there is a method or process for them to participate in reassignments and ensure their input is considered. He asked whether they missed an opportunity to provide feedback or if they should be requesting involvement in the future. DCC Salas-Ferguson noted that this topic wasn't on the agenda, so it appears to be an announcement made by the chair. He explained that his office periodically reassigns based on resources and staffing, especially when personnel changes occur. These decisions, by Corporation Counsel Elizabeth Strance, can happen for various reasons. A recent new hire prompted this particular shift. Historically, their department hasn't typically consulted with the departments they serve regarding personnel preferences, although directors sometimes voice their opinions. As deputy corporation counsel, he's aware that assignments will shift occasionally. He can inform the commission of upcoming changes and ask if they have anything they'd like him to communicate to his boss about a reassignment. He mentioned that any formal input would likely require a vote from the commission. He plans to meet with his director to discuss these concerns and will report back. Commissioner Lacerte suggested that the commission submit something formally. Chair Robinson explained that if the commission wishes to do so, it would need to be placed on the agenda as an official item. Commissioner Tavares recommended adding this to the next agenda so they can draft a letter from the commission, enabling open dialogue when such changes affect them. Chair Robinson requested that this be added as an agenda item for the next meeting. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Buckman 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 Hawai'i County Charter Section 13-20 (b). Seconded by Commissioner Lacerte, with no discussion, it carried unanimously. Executive session convened at 10:17 a.m. Motion to reconvene open session made by Commissioner Tavares, seconded by Commissioner Buckman, with no discussion, and it carried unanimously. The regular session reconvened at 12:25 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints: o HPC 24-22: Complainant alleges officers are harassing him and fabricating charges. Commissioner Buckman made a motion that there was sufficient evidence to refer to the chief for further investigation, it was a classic example of he said, she said, with both parties being present. Commissioner Quartararo seconded. Hawai'i Police Commission Regular Session Minutes July 19, 2024 Page 7 DCC Salas-Ferguson reminded the commission of the standard of evidence they should be using, which is the preponderance of the evidence. He clarified that the commission refers a case to the police chief if the evidence proving misconduct outweighs the evidence disproving it. Chair Robinson asked counsel to explain the preponderance of evidence standard. DCC Salas-Ferguson clarified that it means there must be more evidence of misconduct than not, comparing it to a scale. He noted that the commission assesses witness credibility and decides which testimony is more convincing. It's within the commission's right to determine whether there's sufficient evidence to support either side. Commissioner Lacerete expressed concern that they lacked sufficient information to make a judgment, as no one investigated whether she spoke to anyone at the business. DCC Salas-Ferguson explained that the decision should be based on the evidence presented today and each member's interpretation of it. If the evidence favors the complainant, it should be referred for further investigation; if not, it should not be referred. He emphasized that the decision is up to each commissioner and that a motion must be made, seconded, and discussed before voting. Even if unsure, someone can motion to open a discussion. Commissioner Quartararo noted they could proceed to vote on the motion as it is, to which DCC Salas-Ferguson agreed, that there was a motion and a second, so now the commission can discuss. Chair Robinson asked if there was any further discussion. Hearing none, he called the vote on the motion. Aye called out by Tavares, Commissioner Quartararo opposed it. The motion failed for lack of vote. Commissioner Quartararo made a motion to decline, the complaint on its face is speculative, hypothetical, or not based on factual circumstances and there is insufficient evidence to prove the complainant's allegations. Chair Robinson asked for a second three times, but there was none. Motion failed. Chair Robinson stated the original motion failed due to lack of majority. The subsequent motion failed for lack of a second. He explained that they needed to take some action. He stated since the subsequent motion failed, they could go back to the original motion and take another vote on the original motion. Chair Robinson announced the original motion which was to refer to the chief for further investigation that failed due to lack of majority vote. He took another vote to refer to the chief for further investigation, the motion carried unanimously. The complaint will be referred to the chief for further action. Commissioner Tavares clarified with Chair Robinson that he too voted aye as well, to which Chair Robinson stated yes. Hawaii Police Commission Regular Session Minutes July 19, 2024 Page 8 • Complaint in the non-acceptance category: o HPC 24-24: Commissioner Lacerte 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 Tavares seconded, with no discussion, and it carried unanimously. • Correspondence o Correspondence No. 24-17, request for reconsideration: Commissioner Tavares made a motion to sustain the Commission's decision to not consider the complaint based on the requirements of the Police Commission Rules, Rule 6(c)(4) as was made by the Police Commission meeting at its previous meeting. Seconded by Commissioner Lacerte, with no further discussion, and it carried unanimously. Chair Robinson asked if any commissioner wanted to reconsider that decision based on the request for reconsideration. There were none. ANNOUNCEMENTS Chair Robinson announced the special meeting to discuss the Police Commission's Rules of Practice and Procedure is scheduled for August 8, 2024, at 9:00 a.m. at the County Building, Council Chambers, Suite 1401, 25 Aupuni St., Hilo, HI. The next regular meeting is scheduled for Friday, August 30, at 9:00 a.m. at the County Building, Council Chambers, Suite 1401, 25 Aupuni St., Hilo, HI. ADJOURNMENT The meeting adjourned at 12:40 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR