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HomeMy WebLinkAbout2024-09-20 Police Commission Regular Minutes HAWAFI POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 20, 2024 WEST HAWAI`I 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 9:07 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: Benjamin Moszkowicz, Police Chief Reed Mahuna, Deputy Chief Scott Amaral, Major Sherry Bird, 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) APPROVAL OF THE MINUTES • Commissioner Quartararo motioned to approve the regular and executive session minutes for August 8, 2024, and August 30, 2024, seconded by Commissioner Lacerte, 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 970 serious crimes through August 31, 2024. Area I and Area II criminal investigation units investigated 121 cases of these serious crimes, with 80 in Area I and 41 in Area II. • Calls for Service: For August 2024, HPD received 10,533 calls for service (FYTD 20,977). Hawai'i Police Commission Regular Session Minutes September 20, 2024 Page 2 • Traffic Report: Major Shopay reported 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 2024, there were 83 DUI arrests, and 83 in June. There were 5,647 citations issued, including 3,916 for moving/regulatory violations, 339 for seat belt violations, 37 for child restraint violations, and 1,087 for speeding. Chair Robinson wanted to know if they could tell the difference between residents and visitors in the numbers. Major Shopay replied that they don't keep track of that information. Commissioner Lacerte mentioned that the driver's license information is entered when written reports indicate whether it's a local or out-of-state license. Once they get an Al system in place, they'll have easy access to this data, providing valuable insights and it would be interesting to see those statistics. Commissioner Quartararo asked for clarification on the difference between moving and regulatory violations. Major Shopay explained that moving violations include traffic lane violations or running stop signs, while regulatory violations include expired vehicle taxes, tinted windows, or faulty lights. Chair Robinson mentioned that he frequently talks on his cell phone and asked whether using a hands-free device while driving counts as cell phone use. Major Shopay clarified that hands-free use is not a violation, but holding or manipulating the phone is considered a distraction and is a violation. Bluetooth devices are acceptable. Commissioner Quartararo inquired about the legality of wearing earphones while driving. Major Shopay confirmed that it is prohibited because it prevents drivers from hearing emergency or other vehicles, and using earphones while driving is an enforceable offense. Commissioner Tavares noted that it might be a timing issue, but pointed out that thefts in Area I for August 2024 accounted for about 51% of the total thefts for the fiscal year up to that point. He asked if there was a specific reason for such a high concentration of thefts in August or if it was more a matter of reporting timing. Major Amaral responded that it's likely a mix of both. There has been an increase in store thefts in both Area I and Area II, with many of the cases being shoplifting. They've been working with community policing officers and stores to address the problem, as multiple factors are contributing to the rise. Further discussion took place on topics including self-driving vehicles like Teslas, seatbelt restraints, the dangers of riding in the back of a truck, and the use of emergency red and blue lights, as well as white and amber lights for safety and precautionary purposes. Hawai'i Police Commission Regular Session Minutes September 20, 2024 Page 3 • Personnel Report: Major Sherry Bird reported that as of August 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 101st recruit class, and they have 45 actual sworn positions unfilled. For police communication officers, they have 26 filled and 13 vacant. All five supervising police communication officer positions are fully staffed. Overall, the department has filled 439 of 484 sworn positions (91%) and 127 of 157 civilian positions (81%). Major Bird gave an update on the status of current and upcoming recruit classes, as well as ongoing recruitment efforts. • Finance: Major Bird reported that HPD's overall expenditure target was 23.56%, with the actual expenditure at 24.11%. The target for salaries and wages was 20.83%, with the actual figure at 21.49%. Regular salaries and wages were at 18.92%, overtime salaries and wages at 65.14%, and miscellaneous salaries and wages at 37.11%. Commissioner Tavares recalled that during the July meeting, he had suggested providing the commission with a metric reflecting employee retention rates, both historically and year-to-date. He asked if that metric had been developed and if they could discuss it. Major Bird apologized, explaining that she hadn't brought it to this meeting but it was provided at the previous one. Commissioner Tavares noted he hadn't been present at that meeting. She offered to email the information to him. Chair Robinson mentioned a news report about the Honolulu Police Department, where officers retiring or quitting have led to a negative trend, with fewer replacements for the vacancies. He asked if they faced a similar situation on this island. Chief Moszkowicz explained that one challenge for Honolulu PD is that a large number of personnel, possibly 300-400, could retire at any time. In contrast, on this island, only about 23 are eligible for retirement, and over half of them hold the rank of Captain or higher. This represents a much smaller percentage compared to Honolulu. He added that they've hired 46 or 47 officers in the past year, which accounts for 10% of the department's sworn positions, all currently in some stage of training. With the addition of the November class, that number would rise to 12-13%. Even if all eligible retirees left within a year, they would still maintain a positive staffing trend. Commissioner Lacerte asked if there's a program that incentivizes officers to stay. Chief Moszkowicz explained that the collective bargaining agreement includes stipends, and in one or two years of the four-year contract, officers received a one-time lump sum based on years of service. The pay structure rewards longevity, with higher rates as officers advance in their careers, though once they reach the maximum pay step, increases only come from negotiated raises. Hawai'i Police Commission Regular Session Minutes September 20, 2024 Page 4 • Commendations & Awards: Chief Moszkowicz reported receiving two commendations, since the last commission meeting, in recognition of outstanding services. Officer Collin Roberts was named the Kona Crime Prevention Committee's Officer of the Year. Detective/Acting Lieutenant Grad Elarionoff was named the HPD's HSLEOA Officer of the Year for 2024 • Other Department Activities and Updates: Fill a Cruiser: Chief Moszkowicz shared that on August 30th, the Kona Community Policing Section held its fourth annual "Fill a Cruiser Food Drive" at Costco. During the four-hour event, they collected over a ton of food and more than $8,000 in cash, all donated to the Food Basket to support local families in need. This marked a 67% increase in donations from last year. The event also received media coverage. Chief Moszkowicz thanked partners such as Kona Costco, KAPA radio personality Tommy Ching, and the Community Policing Officers for their collaboration in making the event a great success. Badges and Buckets: From Thursday, September 5 to Sunday, September 8, officers once again took to the skies, sitting atop scaffolding in the parking lots of Hilo and Kona Walmarts to raise money and awareness for Special Olympics athletes. This annual event, formerly known as "Cop on Top," supports Special Olympics Hawai'i, which provides year-round training and competition for individuals with disabilities. All participating officers volunteered their time off-duty. The Hilo Walmart raised $15,000, while the Kona Walmart collected $26,000, totaling over $40,000 raised in one weekend for Special Olympics athletes on the Big Island. National Child Passenger Safety Week: According to NHTSA data, an average of three children under 13 were killed and 429 injured daily in the U.S. while riding in vehicles, with 68% of the injured not properly restrained. This week is National Child Passenger Safety Week, and they're hosting various outreach events across the island. On Tuesday, there was a sign waving on Kanoelehua, and on Wednesday, a child safety seat booth at the N5'51ehu Farmers Market. Tomorrow, from 9 a.m. to noon, there will be a combined DUI checkpoint and child seat clinic at the Honda dealership in Kona, where trained officers will assist with seat installation, recall checks, and answer questions. There's also grant money available to provide child safety seats for families in need. Event partners include Partners for Safe Keiki, East Hawai'i Kiwanis Club, the Judiciary's Driver Education Program, the Department of Health, and others. Hawai'i State Law Enforcement Officials Association (HSLEOA) Conference: Chief Moszkowicz reported that the 68th annual Hawaii State Law Enforcement Officials Association (HSLEOA) Conference took place on Kaua'i from September 4-6. The conference gathers state, federal, and local law enforcement to promote collaboration and partnerships. This year's theme, "We Rise by Uplifting Others," featured speakers from the FBI, DLE, and ATF, as well as training on Management by Appreciation and an incredibly impactful session, "Lessons Learned from the Battlefield" presented by Hawai'i Police Commission Regular Session Minutes September 20, 2024 Page 5 retired US Army Special Forces Green Beret Greg Stube. Chair Robinson and Vice Chair Bertsch also attended. Next year's conference will be held in Oahu. Strategic Plan and Website Development: They are almost finished with the publication of HPD's FY 2024-25 Strategic Plan update. Chief Moszkowicz shared that the complete document is 16 pages long, summarizing the strategic plan into six pages of deliverables. It is intended for public distribution, with the remainder providing basic information about the department for context. He requested that a "Strategic Plan Update" be added to next month's agenda for a brief presentation and to address any questions. HPD's Website: They are nearing completion of the website redevelopment. Chief Moszkowicz reported that they have spent several months selecting a vendor, creating content, and designing user-friendly webpages for both computers and mobile devices. The website is scheduled to go live in mid-November, and he hopes to present it to the commission at the November meeting. Chief Moszkowicz asked if the commission could reschedule the October meeting, as he and Deputy Chief Mahuna will be attending the International Association of Chiefs of Police conference on the East Coast. Assistant Chief Burian will serve as Acting Chief in their absence. If the commission prefers to keep the current date, he's confident AC Burian will handle it well. However, if they're open to rescheduling, he and Deputy Chief Mahuna are available on October 11 or 25. He noted no other upcoming conflicts with meeting dates. Chair Robinson agreed to move the October meeting, and Ms. Correa said she would check venue availability. Commissioner Tavares inquired about the strategic plan update, asking if the commission could receive it in advance for review before the meeting. Chief Moszkowicz agreed, stating they would finalize the document and provide a link prior to next month's meeting. There was further discussion about finance, covering salaries, wages, and overtime. NEW BUSINESS Hawai'i State Law Enforcement Officials Association (HSLEOA) Conference Report: Chair Robinson reported on the 68th Annual HSLEOA Conference, noting it was a valuable experience where he met many law enforcement officials and commissioners across the state. He highlighted discussions from other counties, including Kaua`i's focus on officer surveys and community feedback, Maui's efforts to rebuild after the fires, and Honolulu's challenges with recruitment and crime. He also shared updates on Hawai'i County's continuous recruitment efforts and Kaua'i's recent appointment of a deputy chief. Chair Robinson encouraged commissioners to attend future conferences. Commissioner Tavares asked Chief Moszkowicz if the conference led to potential collaboration opportunities between law enforcement divisions. The Chief responded that Hawaii Police Commission Regular Session Minutes September 20, 2024 Page 6 the chance to have uninterrupted discussions with the other police chiefs was highly beneficial. Further discussion covered conference agenda items such as management, leadership, local collaboration resources, and the differences between counties regarding police departments, commissions, charters, and regulations. UNFINISHED BUSINESS Commission's Secretary Position: The commission reviewed and discussed the letter to the Department of Human Resources (DHR) regarding the commission's secretary position. Chair Robinson announced he has written a letter to DHR, with a copy to the Merit Appeals Board. He stated that if DHR does not take action, he will go to the Merit Appeals Board. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Tavares 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 10:26 a.m. Motion to reconvene open session made by Commissioner Tavares, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at 11:52 a.m. ACTION ON EXECUTIVE SESSION MATTERS 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. Commissioner Tavares motioned to approve legal representation for AC Quiocho, seconded by Commissioner Buckman, with no discussion, and it carried unanimously. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Lacerte motioned to go back into 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 reconvened at 11:54 a.m. Hawai'i Police Commission Regular Session Minutes September 20, 2024 Page 7 Motion to reconvene open session made by Commissioner Tavares, seconded by Commissioner Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at 1:26 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: o HPC 24-21: Complainant is dissatisfied with how his traffic collision report was handled. Commissioner Quartararo motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Lacerte. Commissioner Tavares recused himself, as he was not present at the last meeting to hear the complainant. Chair Robinson noted that without a quorum, they could not take action on the matter. DCC Salas-Ferguson asked if the testimony was in the minutes, and Ms. Correa confirmed that it, along with the complainant's written testimony, matching their verbal statement, was included in the commission's packet. Chair Robinson added that the issue stemmed from the complainant's misunderstanding of the process. DCC Salas-Ferguson advised that if Commissioner Tavares felt confident after reviewing the minutes and complaint, he could vote; otherwise, the matter could be deferred. Chair Robinson announced it would be deferred. Commissioner Buckman added this could also be referred to the chief for customer service concerns. Chair Robinson stated they would defer it and hopefully make a decision at the next meeting. o HPC 24-17: Complainant alleges that the officer failed to de-escalate the situation and recover her stolen property. Chair Robinson announced that the complainant did not attend either the last meeting or this one. Ms. Correa noted that neither the officer nor the complainant called or showed up, but the commission reviewed BWC footage at the previous meeting. Commissioner Lacerte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Tavares, with no discussion, the motion carried unanimously. o HPC 24-19: Complainant is dissatisfied with how their burglary case was handled. Chair Robinson announced that the complainant requested to appear in Hilo. This will be added to the agenda for the next Hilo Meeting. 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. Commissioner Lacerte motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Seconded by Commissioner Buckman, with no discussion, the motion carried unanimously. Hawaii Police Commission Regular Session Minutes September 20, 2024 Page 8 UNFINISHED BUSINESS (cont.) Commission's Secretary Position: Commissioner Tavares motioned to send the letter to the Department of Human Resources concerning the commission's secretary position. Seconded by Commissioner Lacerte, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING Chair Robinson advised Ms. Correa to add the strategic plan and the Board of Ethics opinion regarding Commissioner Sur on the next agenda. ANNOUNCEMENTS The next regular meeting has been rescheduled to October 25, 2024, at 9:00 a.m. at the County Building, Council Chambers in Hilo. ADJOURNMENT The meeting adjourned at 1:37 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR