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HomeMy WebLinkAbout2024-08-30 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES AUGUST 30, 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 9.04 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 Absent: Jacob Tavares, Commissioner A quorum was present. Also present: Benjamin Moszkowicz, Police Chief Reed Mahuna, Deputy Chief Chad Basque, Assistant Chief Jeremie Evangelista, Acting Assistant Chief Scott Amaral, Major Tuck Loy Aurello, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (None) APPROVAL OF THE MINUTES • Commissioner Buckman motioned to approve the regular and executive session minutes for July 19, 2024, seconded by Commissioner Quartararo, with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEF'S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief's written reports were highlighted: • Crime Report: Major Amaral reported 486 serious crimes through July 31, 2024. Area I and Area 11 criminal investigation units investigated 65 cases of these serious crimes, with 41 in Area I and 24 in Area 11. • Calls for Service: For July 2024, HPD received 10,444 calls for service. • Traffic Report: Assistant Chief Basque reported that as of August 22, 2024, there were 70 traffic crashes this fiscal year, compared to 64 last year. Traffic fatalities at one, compared to zero the previous year. DUI arrests are at 83 compared to 74. In July Hawai'i Police Commission Regular Session Minutes August 30, 2024 Page 2 2024, there were 83 DUI arrests, compared to 83 in June. Additionally, in July 2024, 5,647 citations were issued, including 3,916 for moving/regulatory violations, 339 for seat belt violations, 37 for child restraint violations, and 1,087 for speeding. In response to questions raised at the previous meeting regarding traffic signals in the Kona area, particularly about the visibility of right and left turn arrows in certain lanes, AC Basque reported that Major Shopay had contacted Mr. Lee, who oversees State highways. According to Mr. Lee, the traffic signals are programmed for visibility based on lane position. Specifically, you can only see the turn arrow if you're in the designated lane for that turn. For example, if you're in the left-turn lane, you'll see the arrow, but if you're in the lane to the right or another lane, you won't. This is intentional to prevent confusion for drivers in straight-through lanes when their light turns green. Commissioner Quartararo commented that while he appreciates the response, he believes it's incomplete and disagrees with the explanation. Vice Chair Bertsch inquired whether the Kona Traffic Safety Meetings are still being held. AC Basque confirmed that they are. Vice Chair Bertsch suggested that it might be beneficial for Commissioner Quartararo to participate, as the committee specifically addresses traffic concerns. AC Basque added that they will look into the meeting schedule. AC Basque mentioned that Major Shopay addressed another concern about creating heat maps. He explained that they use a CompStat program linked to their records management system, Spillman. CompStat pulls data from Spillman, allowing them to use an interactive dashboard that can filter various parameters. He also distributed a few examples—printouts showing the type of information they can generate using this system. • Personnel Report: Acting Assistant Chief Evangelista reported that as of July 31, 2024, there are 90 sworn police vacancies in the field, minus 15 from the 99t" recruit class, 14 from the 100t" recruit class, and 16 in the 101 st recruit class, and they have 45 actual sworn positions unfilled. For police communication officers, they have 29 filled and 12 vacant. All five supervising police communication officer positions are fully staffed. Overall, the department has filled 439 of 484 sworn positions (91%) and 128 of 157 civilian positions (82%). Police Officer I Recruitment Activities: There are currently 15 recruits from the 99tn recruit class on FTO assignment until September 15t". This class originally began with 23 recruits in November 2023. The 100t" recruit class, which started with 17 recruits in April, now has 14 recruits in academic training until September 30t". For the 101St recruit class, 16 recruits are in academic training, set to continue until January 15, 2025. The 102nd recruit class is expected to begin on November 18t". Out of the 41 candidates who passed the written test, 32 attended the agility test, and they are on track to start with 20 recruits, although these numbers may change. Hawai'i Police Commission Regular Session Minutes August 30, 2024 Page 3 In May, 17 candidates were referred to the department: 13 were new applicants, and four were retakes. There were two no-shows, with nine passing and six failing. In June, eight candidates were referred: six were new applicants, two were retakes, three were no-shows, four passed, and one failed. In July, 13 applicants were referred, all of whom were new. There were two no-shows, six passed, and five failed. The written exam was held during the week of July 21, and the physical agility test took place on August 7tn On August 7tn, 15 applicants were referred: nine were new, seven were retakes, two did not show, 11 passed, and two failed. Those who didn't pass will have the opportunity to retake the test on September 4tn Further discussion took place regarding recruit numbers, department vacancies, promotions, transfers, and the assignment of personnel. Chair Robinson inquired if the 100tn recruit class graduation would take place on September 30tn. AC Evangelista clarified that this date marks the completion of their academic training. An internal recognition will be held to acknowledge the completion of this phase, but the formal graduation ceremony will occur after the recruits finish field training. Chief Moszkowicz noted that they have observed a trend of losing recruits during the FTO phase after academy graduation. To address this, they plan to hold a smaller, more private recognition ceremony at the transition point from academy to field training. This event will still include family members pinning badges but will focus on the transition. Attendees will likely include command staff, the commission, family members, peer support, the chaplain, and the recruits' field training officers. The goal is to provide recruits and their families with information about available resources to help manage the changes and stresses they may face. A formal public ceremony would be held at the end of the FTO phase, before their first assignment. • Finance: AC Evangelista reported that HPD's overall expenditure target was 12.71%, with the actual expenditure at 12.58%. The target for salaries and wages was 12.50%, with the actual figure at 12.42%. Regular salaries and wages were at 10.87%, overtime salaries and wages at 47.55%, and miscellaneous salaries and wages at 18.29%. • Commendations & Awards: Chief Moszkowicz reported receiving two commendations, since the last commission meeting, in recognition of outstanding services. Commissioner Lacerte asked how the public can submit commendations. Chief Moszkowicz explained that about a third of the feedback they receive comes through their website, another third via email, and the remaining third through U.S. mail or in- person drop-offs at the station, including letters, notes, and thank-you cards. Commissioner Lacerte then asked whether the website has a dedicated link for commendations or if it's grouped with everything else. Chief Moszkowicz explained that currently it's combined, but their new website, which is almost finished, will be more user-friendly. He added that their current site is about 23 years old. Hawai'i Police Commission Regular Session Minutes August 30, 2024 Page 4 There were technical issues with the microphones. Recess was called at 9.48 a.m., the meeting reconvened at 9.55 a.m. Chief Moszkowicz reported on Wednesday, July 31St, the Communications Section honored Police Communications Officer II Kainapau Mossman as their Dispatcher of the Second Quarter. On Wednesday, August 7t", Officer Andrew Walters was named the Kona Crime Committee's Officer of the Month. On August 7t", Hilo Patrol District Acting Sergeant Bryson Pilor was honored by the Hawai'i County Council with their Haweo award. Additionally, the Community Policing Team in Kona produces a monthly newsletter that is available online. • Chief Moszkowicz reported on other department activities and updates: Micronesian Cultural Awareness: In early 2024, then-Lieutenant Roy Valera, while serving as Acting Captain in the South Kohala Patrol District, noticed a larger population of Micronesian residents. After researching the culture and immigration history, he reached out to Dr. Lee-Ann Heely, Director of Health Equity at the Hawai'i Island Community Health Center, to develop cultural training for officers. Together, they organized two well-received presentations in East and West Hawai'i. Moving forward, the training will be incorporated into recruit classes, with plans to include it in next year's Annual Recall Training cycle. Fentanyl Stats: HPD has begun sharing monthly fentanyl seizure statistics via press releases and social media. In July, 7.66 grams of fentanyl were recovered. Although this amount might seem small, it represents enough lethal doses to potentially kill over 3,800 residents based on CDC data. HPD remains dedicated to combating drug distribution and apprehending narcotics dealers. The fentanyl crisis has reached epidemic levels on the mainland, contributing to rising overdose deaths, particularly when combined with methamphetamines, with increasing cases in Maui and Oahu. Hawai'i Police Activities League (HI-PAL) Activities: In July and August, HI-PAL hosted two fishing derbies. The first took place on July 20t" at the Pua Ka Ilima O Kawaihae Cultural Surf Park, where over 50 keiki from North and South Kohala enjoyed great fishing conditions. The second event was on August 17t" at Laupahoehoe Point Beach Park in Hamakua, attracting nearly 90 keiki competing to catch the biggest fish. The top three winners in various age groups were recognized at both events, which were supported by donations from businesses and community organizations. They also held the first-ever HI-PAL Fencing Tournament on Saturday, August 3rd at the Waimea District Park. Six kids were paired with adults to exhibit their skills, precision, and finesse in the foil and saber divisions. This event was a collaboration with the Hawai'i Fencing Association and also honored two students who graduated high school this spring and will continue their competitive fencing journeys in college. Hawai'i Police Commission Regular Session Minutes August 30, 2024 Page 5 County Morgue Facility: As mentioned in June, Hilo Medical Center announced they would no longer store "HPD bodies" in their morgue, requiring the department to find alternative arrangements. This has triggered a search for a solution, involving ongoing meetings with the Mayor, Managing Director, Public Works, and Corporation Counsel. Just this morning, Deputy Chief Mahuna was in the Mayor's office on a Zoom call with the Governor and Attorney General to go over the Emergency Proclamation needed for a temporary facility. The plan involves using existing county property near the Hilo Medical Center to house two 40-foot refrigerated containers that will be retrofitted with the infrastructure, and to construct a covered area between them and fencing and security measures around the facility. An extension from the initial September 1st deadline is in place, but a county solution will likely be required by the end of September. There was additional discussion on the importation of fentanyl and other drugs through airports, as well as related law enforcement operations. NEW BUSINESS Formation of a Permitted Interaction Group (PIG): The Police Commission discussed forming a PIG to review and propose amendments to the Police Commission Rules of Practice and Procedure. DCC Salas-Ferguson explained Permitted Interaction Groups, are used when the commission needs to address tasks outside of regular meetings. According to HRS, PIGs can consist of two to four members (not a majority) of the Police Commission. The process involves three meetings: the first meeting establishes the PIG, defines the scope and authority, and sets goals; the second meeting involves presenting findings and recommendations to the board, where members can ask clarifying questions; and the third meeting is for deliberation and decision-making. Chair Robinson asked if virtual meetings are possible, to which DCC Salas-Ferguson confirmed they are. Commissioner Quartararo inquired if PIGs can include non-members. DCC Salas-Ferguson clarified that while non-members can attend and provide input, only commission members can be PIG members. Vice Chair Bertsch made a motion to form a PIG, seconded by Commissioner Lacerte, with no discussion, it carried unanimously. Vice Chair Bertsch outlined that the group's purpose would be to research, edit, and audit existing rules, and provide suggestions to the full commission based on their findings. DCC Salas-Ferguson recommended framing this as proposing amendments to the rules. The group's scope will be to propose rule amendments. They would need to determine membership and authority accordingly. Hawai'i Police Commission Regular Session Minutes August 30, 2024 Page 6 Chair Robinson asked if anyone wished to propose a motion regarding the PIG's scope. Vice Chair Bertsch moved to define the scope as proposing amendments to the commission's rules. Commissioner Lacerte seconded the motion. With no discussion, the motion carried unanimously. Chair Robinson asked for volunteers to join the PIG, and Commissioners Bertsch, Buckman, Quartararo, and Robinson expressed their interest. DCC Salas-Ferguson noted that the authority of each member would need to be defined. A motion could be made to designate these four members as the PIG, with each member having the authority to research and investigate proposed rule amendments. Commissioner Buckman noted that he may have problems if they hold meetings via Zoom. There was further discussion on how they could remedy this potential issue. Chair Robinson asked for a motion to accept all of that as a component of the PIG. Commissioner Bertsch motioned, seconded by Commissioner Buckman, with no further discussion, motion carried unanimously. NEW BUSINESS Discussion on Commission Secretary Position: Discussion on the Commission Secretary position highlighted issues with classification. Chair Robinson noted that the secretary, who supports both the Fire and Police Commissions, is currently classified as a "secretary" rather than a "secretary to boards/commissions." Ms. Correa explained that past attempts to reclassify the position were denied by the Department of Human Resources (DHR) because they did not consider the commissions as quasi-judicial boards. Vice Chair Bertsch shared that despite past efforts to address this, DHR resisted reclassification, arguing the position did not meet quasi-judicial criteria. He emphasized the sensitive nature of the role and the increased workload following the merger of the Fire and Police Commissions. He supported reclassification and questioned if a motion might be needed to compel HR. Chair Robinson inquired with Chief Moszkowicz if he could work with DHR. Chief Moszkowicz supported the reclassification, noting that he agrees the secretary position should be reallocated, it has certain job duties and requirements that are outside of its position description, classification, and job specs. He recommended preparing a justification for the reclassification and sending it to the DHR director, with a copy to him. If the request is denied, they could then escalate it to the Merit Appeals Board. Chair Robinson stated he would draft a letter to DHR, with a copy to Chief Moszkowicz. He will also call the Mayor to request his support. If the request is not successful with the HR director, he will escalate the matter to the Merit Appeals Board. Regarding transcription software, Ms. Correa reported that HFD recently received approval to provide the software, which has been purchased. Chair Robinson asked if it could be used for both commissions, and Ms. Correa confirmed that it could. Hawaii Police Commission Regular Session Minutes August 30, 2024 Page 7 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 Ing, with no discussion, it carried unanimously. Executive session convened at 10.49 a.m. Vice Chair Bertsch motioned to reconvene open session. Seconded by Commissioner Ing, with no discussion, and it carried unanimously. The regular session reconvened at 3.14 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints: o HPC 24-17: Complainant alleges that the officer failed to de-escalate the situation and recover her stolen property. Vice Chair Bertsch motioned to defer this to the next meeting in Kona. Seconded by Commissioner Lacerte, with no discussion, the motion carried unanimously. o HPC 24-19: Complainant is dissatisfied with how their burglary case was handled. Vice Chair Bertsch motioned to defer this to the next meeting in Kona. Seconded by Lacerte, with no discussion, the motion carried unanimously. o HPC 24-21: Complainant is dissatisfied with how his traffic collision report was handled. Vice Chair Bertsch motioned to defer this to the next meeting in Kona. Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. o HPC 24-23: Complainant alleges excessive use of force, claiming he was Lased in the face. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Ing, with no discussion, the motion carried unanimously. o HPC 24-26: Complainant alleges excessive use of physical force during his arrest. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Buckman, with no further discussion, the motion carried unanimously. o HPC 24-25: Complainant alleges that officers were aggressive and shoved her during a traffic stop. Commissioner Quartararo motioned that there was sufficient evidence to refer to the chief for further investigation. With no second, the motion failed. Vice Chair Bertsch motioned to refer to the chief for customer service and Hawaii Police Commission Regular Session Minutes August 30, 2024 Page 8 procedural concerns. Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. o HPC 24-27: Complainant alleges that the individual arrested in connection with the incident she reported accessed her personal information at the police station. Vice Chair Bertsch motioned to defer to the next meeting in Kona. Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. • Request for Representation by Corporation Counsel: o Correspondence No. 24-19: Anthony K.Y. Sur v. County of Hawaii, Police Department; Kenneth Quiocho in Civil No. 3CCV-24-0000249. Chair Robinson informed Commissioner Sur that he could remain for this matter since it was an open session, but he should refrain from participating and recuse himself from the vote. Commissioner Sur agreed. Commissioner Quartararo moved to defer this to the next meeting in Kona to gather additional information. Commissioner Lacerte seconded the motion. With no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING Commissioner Ing requested to add a discussion on the code of ethics. He noted that while it had been discussed previously, it was only addressed in general terms. He believes it should be discussed further and addressed in some way. Vice Chair Bertsch requested to include a report on the HSLEOA Conference on the agenda. Since they will be returning from the conference. ANNOUNCEMENTS The next regular meeting is scheduled for Friday, September 20, 2024, at 9.00 a.m. at the West Hawaii Civic Center, Building A, Council Chambers, Ane Keohokalole Highway, Kailua-Kona, HI. ADJOURNMENT The meeting adjourned at 3.29 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR