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HomeMy WebLinkAbout2024-10-18 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 18, 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 9:03 a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Arthur Buckman, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Jacob Tavares, Commissioner Absent: Travis Ing, Commissioner Eileen Lacerte, Commissioner A quorum was present. Also present: Andrew Burian, Acting Police Chief Scott Amaral, Major Sherry Bird, Major Thomas Shopay, 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 Quartararo motioned to approve the regular and executive session minutes for September 20, 2024, seconded by Commissioner Buckman, 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 1,505 serious crimes through September 30, 2024. Area I and Area 11 criminal investigation units investigated 185 cases of these serious crimes, with 120 in Area I and 65 in Area 11. • Calls for Service: For September 2024, HPD received 10,466 calls for service. The fiscal year to date is at 31,443. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 2 • Traffic Report: Major Shopay reported there were 243 traffic crashes this fiscal year, compared to 196 last year. At the time of the report, traffic fatalities were at three (it has since increased to four), compared to four the previous year. DUI arrests are at 258 compared to 230. In September 2024, there were 89 DUI arrests, compared to 86 in August. In September 2024, 5,779 citations were issued, including 3,819 for moving/regulatory violations, 342 for seat belt violations, 35 for child restraint violations, and 1,378 for speeding. Additional discussion addressed the increased costs of vehicle repairs, which possibly contributed to a higher number of reported accidents. The conversation also touched on the tragic fatality that occurred at the intersection of Highway 190 and Waikoloa Road. • Personnel Report: Major Bird reported that as of September 30, 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 26 filled and 13 vacant. All five supervising police communication officer positions are fully staffed. Overall, the department has filled 437 of 484 sworn positions (90%) and 127 of 158 civilian positions (80%). Major Bird gave an update on the progress of the current and upcoming recruit classes, along with the ongoing efforts to recruit for Police Officer I positions. • Finance: Major Bird reported that HPD's overall expenditure target was 30.29%, with the actual expenditure at 30.84%. The target for salaries and wages was 29.17%, with the actual figure at 30.04%. Regular salaries and wages were at 26.14%, overtime salaries and wages at 96.88%, and miscellaneous salaries and wages at 51.69% Commissioner Tavares arrived at 9:22 a.m. • Other Department Activities: Acting Chief Burian shared that Ohana Night was held this past Tuesday, for recruits who have recently started field training. The event included a recognition ceremony with support from Peer Support, chaplains, and SHOPO, emphasizing departmental backing as recruits transition from classroom training to being out on the road. Major Bird added that the feedback from recruits was very positive. She explained the transition from structured classroom hours to the shift schedule of field training can be challenging. Having families attend allowed them to ask questions, put faces to names, and connect in a relaxed setting, as the informal gathering without uniforms helped facilitate open conversation. She clarified that this event does not replace the formal ceremony planned for recruits once they complete their field training. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 3 • Commendations & Awards: Acting Chief Burian reported receiving four commendations since the last commission meeting in recognition of exceptional service. Additionally, Officer Eli Dominic Cayetano was named Officer of the Month by the Kona Crime Prevention Committee. Kohala Middle School's principal sent a letter expressing appreciation to Capt. Scott Kurashige, North Kohala Patrol district commander, for the officers' responsiveness and support of the school. The Senior Vice President of Corporate Security for American Savings Bank also sent a letter, commending the men and women of HPD for their professionalism, quick response, and thoroughness in apprehending a robbery suspect and fully recovering the stolen money. • Critical Incident: Acting Chief Burian reported that on October 9t", Puna patrol officers responded to a report of an unauthorized male occupying a vacant residence in Volcano. Upon arrival, officers identified the man, wanted in connection with a previous incident involving his dog. During attempts to retrieve the dog and speak with him, the suspect threatened officers, brandished a firearm, and locked himself inside. A perimeter was established, and the Special Response Team, Crisis Negotiation Team, FBI SWAT, and U.S. Marshals responded. Despite efforts to negotiate, the suspect shot at officers multiple times. On Thursday morning, as officers entered the residence, the suspect fired at them and one member of the Special Response Team returned fire. In the process of retreating, one member of the Special Response Team received a large laceration from broken window glass. The suspect fled but was located several hundred yards from the residence hiding in vegetation and was found to be in possession of a loaded pistol. The injured officer was treated and released. The officer who discharged his weapon has been placed on Administrative Leave pending an Administrative Review of this incident, he will be returning to full duty shortly. The Office of Professional Standards has initiated a critical incident review, as is standard following an officer's discharge of their weapon while in the line of duty. The suspect was taken into custody, and detectives later found a potential explosive device at the residence, which was later determined not to be an improvised explosive device. Commissioner Tavares asked if officers are always placed on administrative leave after discharging a weapon. Acting Chief Burian explained that they conduct an administrative review, and psychological evaluation, and a doctor determines fitness for duty. Commissioner Tavares shared an incident where officers hesitated to euthanize an injured cow due to potential administrative repercussions and asked if animal control should handle such cases. Acting Chief Burian noted he prefers the animal's owner to decide. Their firearms may not be sufficient, and officers usually consult with their rank on the best approach for each situation. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 4 • Other Department Activities and Updates: On October 2, 2024, in celebration of National Coffee with a Cop Day, HPD hosted five Coffee with a Cop events across the island, including at Tex Drive-In in Honoka`a, Starbucks in Waimea, Kona Coffee & Tea in Kona, Starbucks at Prince Kuhio Plaza in Hilo, and Kohala Coffee Company in Pahoa. Dozens of community members attended each event to enjoy coffee and light conversation with officers. HI-PAL: HPD teamed up with the Hawaii Keiki Rodeo Association for the season's first Keiki Rodeo on Saturday, September 28t", at the Pana`ewa Equestrian Center in Hilo. Kids practiced various rodeo skills, and HPD's Community Policing Officers provided free Keiki ID cards. Over 190 children, ages 1 to 19, participated. The HI-PAL program aims to build positive relationships between officers and youth, encouraging mentorship, teamwork, citizenship, and positive decision-making. National Child Passenger Safety Week (follow-up): Acting Chief Burian reported that, as Chief Moszkowicz announced last month, officers recently held a combined DUI checkpoint and child seat clinic outside the Honda dealership in Kona. Within just six minutes of setting up, officers identified and arrested a drug-impaired driver. Additionally, specially trained officers, who are certified child seat technicians, assisted families by ensuring the proper installation of child safety seats, checking for recalls, and addressing any questions. Updates on Strategic Plan and Website Development: The strategic plan document is nearing completion. Acting Chief Burian shared that Chief Moszkowicz plans to send the commission an electronic version by the end of October and requested that time be set aside in the November meeting to address any questions. Department Website: The website redevelopment is 98% complete, with final proofreading and link testing underway to ensure everything is ready by the end of the month. The new site will go live on Tuesday, November 12. The promised crime mapping feature is already active, and final adjustments are being made to the booking log, which will be operational by launch. Chief plans to provide a demonstration for the commission at the November meeting. Commissioner Quartararo asked about public communication efforts. Acting Chief Burian outlined the department's information-sharing methods, including its website, social media, and Nixie alerts. Commissioner Quartararo also inquired about the number and activity level of neighborhood watch groups. Acting Chief Burian did not have exact numbers but noted that each district has at least one active group, though participation varies. Major Bird added that Kona distributes a newsletter with community event updates, which could be a resource for neighborhood watch members. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 5 Acting Chief Burian also noted a slight slowdown in recruitment and encouraged everyone to help spread the word about the department's career opportunities. NEW BUSINESS Correspondence No. 24-20: Letter from the Department of Human Resources Director in response to the reclassification request for the commission's secretary position. Chair Robinson shared that he recently appeared before the Merit Appeals Board regarding reclassifying the commission's secretary position. Afterward, he spoke with the Department of Human Resources director, who informed him that reclassification authority lies with the Police Chief, as the hiring power rests with the Police Department rather than the Police Commission. Despite their role in the interviews and as the secretary's supervisor, Chair Robinson learned that the appeal must come from the department. With a filing deadline on Monday, he expressed a desire to file a joint appeal with the chief, who is currently off-island. Acting Chief Burian offered to assist with the process and emphasized that the complexity of the secretary's duties, rather than just the workload, should be highlighted. He encouraged Chair Robinson to use his experience and insight to justify the reclassification. Vice Chair Bertsch noted that this is not the first attempt to reclassify the commission secretary position. Originally, the secretary handled only Police Commission duties, but during a budget crisis, the role was shared with the Fire Commission as a favor, doubling the secretary's workload. He pointed out that the Police Department funds the position, and the Fire Department benefits from it. Commissioner Bertsch was surprised by the recent letter denying their reclassification request, which stated that reallocation occurs when there's a change in the scope or level of duties. He questioned the reasoning in the letter and stated the scope expanded around 2010, especially as the secretary's role includes potential quasi-judicial responsibilities if contested case hearings are required. Acting Chief Burian suggested that Vice Chair Bertsch collaborate with Chair Robinson, as he lacks the historical details. Vice Chair Bertsch mentioned an old letter from Lincoln Ashida, who originally proposed sharing the secretary role with the Fire Commission under Harry Kim during the budget crisis. Recess was called at 10:08 a.m., the meeting reconvened at 10:26 a.m. NEW BUSINESS Board of Ethics' Informal Advisory Opinion regarding the conduct of a Police Commission member. Chair Robinson explained that the Police Commission requested this information to understand the Board of Ethics' advisory opinion. Commissioner Tavares noted that not all members were present during the incident, and they had only heard one side of the story, so they sought the report to better understand the situation and its resolution. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 6 Commissioner Sur pointed out that they only received the decision and mentioned that the commission should have had the opportunity to review his response, which the chair chose not to share. He expressed the need for transparency. He also stated there are a lot of other things the commission isn't privy to at this point. Chair Robinson noted that he was the only commissioner present at the previous year's meeting and felt the commission would have benefited from reviewing the informal advisory opinion. Commissioner Sur added that he had consulted several lawyers who informed him that once the meeting concludes, a commissioner no longer holds that status. However, he recalled that the Board of Ethics chair indicated that commissioners are always commissioners, 24/7. Commissioner Sur noted he doesn't even have an ID. He also mentioned that an OPS complaint had been filed and highlighted other issues. He expressed he is open to sharing his OPS complaint with commissioners, as an example, to review the allegations and assess whether they agree with the decision made. Commissioner Sur mentioned that when he picked up his packet, he inquired with the secretary about its contents, and she informed him that he didn't get any of the executive session minutes. He stated he would be leaving after this portion of the meeting because he had spoken with another lawyer who indicated that while it might be justifiable to withhold information on that specific issue, it is not related to the matter they are currently voting on. He suggested that the commission should discuss whether to withhold the minutes. Chair Robinson was unsure and asked Ms. Correa if she withheld the executive session minutes. Ms. Correa stated that on June 21, 2024, there was a motion made to restrict the production of sensitive information to a commissioner on a conflict matter. She stated she was instructed not to provide the commissioner with any documentation regarding that matter. Commissioner Sur acknowledged that he sometimes speaks more than necessary, but he tries to convey everything as accurately as possible, even if it doesn't sit well with everyone. He believes in being straightforward and that his candidness can be more than some people can handle. Chair Robinson confirmed that they have addressed the request, everyone has read it, and it's included in their packets. He concluded the discussion unless anyone had additional comments, and there were none. Chair Robinson checked with Commissioner Sur about his plans to leave the meeting. Commissioner Sur confirmed he would not stay for executive session. DCC Salas-Ferguson clarified that he was not involved in the decision to redact the executive session minutes and only learned about it now. He noted that there were no Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 7 conflicts on the agenda and advised Commissioner Sur that he could remain if he wished, but Commissioner Sur decided to leave. Commissioner Sur left the meeting at 10:37 a.m. 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 10:38 a.m. Vice Chair Bertsch motioned to reconvene open session. Seconded by Commissioner Tavares, with no discussion, and it carried unanimously. The regular session reconvened at 1:31 p.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints: o HPC 24-19: Complainant is dissatisfied with how their burglary case was handled. Vice Chair Bertsch motioned that there was sufficient evidence to refer to the chief for further investigation, seconded by Commissioner Tavares. Vice Chair Bertsch added that there seems to be a lot of grey area between when the complainant filed the case HPD, only to have it circle back after the DEA suddenly found money used for bail when in fact it seems that the complainant progressively provided HPD information that could have been used for this case. Whether this directly pertains to the named officer or the overall handling of the case is something he believes should be determined by the investigator. There was no further discussion, the motion carried unanimously. o HPC 24-21: Complainant is dissatisfied with how his traffic collision report was handled. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Buckman. Commissioner Tavares stated he is still recusing himself because he wasn't present for the complainant's testimony. There was no quorum, the motion failed and will be deferred to the next agenda. o HPC 24-28: The complainant alleges officers entered his property without consent and detained him without justification. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Quartararo. Commissioner Tavares expressed uncertainty about how to proceed regarding HPC 24-28. While he agrees with the current motion, he would like to explore the possibility of investigating the other Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 8 officer not named in the complaint. He asked how they might approach this. Chair Robinson proposed that they first vote on the motion and then consider making a separate motion for the investigation. With no further discussion, the motion carried unanimously. Commissioner Tavares motioned to refer the matter regarding HPC 24-28 to the chief's office, specifically focusing on the actions of the officer not named in the complaint. Vice Chair Bertsch added that Commissioner Tavares is recommending referring the actions of the officer to the chief for customer service, procedural, operational, administrational, or jurisdictional concerns. Vice Chair Bertsch seconded the motion. With no further discussion, the motion passed unanimously. o HPC 24-29: Complainant alleges officer refused to assist him. Vice Chair Bertsch 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 24-30: Complainant alleges police misconduct after his truck disappeared during arrest and was found damaged. Vice Chair Bertsch 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 24-31: Complainant alleges an illegal stop, arrest, search and seizure, overbearing conduct, and excessive use of force. Vice Chair Bertsch moved to decline based on Rule 6(5), the complainant has given notice of their intention to seek remedies through a civil suit. Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. o HPC 24-32: Complainant alleges an illegal arrest, search, and seizure, with his truck impounded, damaged, and valuable items missing. Vice Chair Bertsch moved to decline based on Rule 6(5), the complainant has given notice of their intention to seek remedies through a civil suit. Seconded by Commissioner Tavares, with no discussion, the motion carried unanimously. o HPC 24-33: Complainant alleges an officer was racist and violated their right to free speech. Vice Chair Bertsch motioned that there was sufficient evidence to refer to the chief for further investigation, referring to the video provided by the complainant. Seconded by Commission Quartararo, with no discussion, the motion carried unanimously. o HPC 24-34: Complainant alleges wrongful arrest for harassment, violating his rights to free speech and assembly. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant's allegations of misconduct. Hawaii Police Commission Regular Session Minutes October 18, 2024 Page 9 Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. o HPC 24-35 (complaint in the non-acceptance category): Vice Chair Bertsch made a motion to defer this matter until the chief returns for further research and discussion. Seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING Vice Chair Bertsch requested that the discussion and findings of the Permitted Interaction Group (PIG) be kept on the agenda until they are concluded. Chair Robinson noted that Commissioner Buckman has volunteered to begin reviewing the rules and asked for the Word version. Commissioner Quartararo inquired about his previous request to add public statements on items not on the agenda. He recalled that the topic had been discussed and asked for an update on its status. He encouraged someone to review the notes to determine where they currently stand on this matter. DCC Salas-Ferguson responded that it is listed as "agenda items for next meeting." He noted that the public can testify and request the commission to consider adding an item to the next agenda if it is legitimate. DCC Salas-Ferguson added that he has a contested case hearing scheduled for November 15t" in Hilo, which conflicts with the upcoming Police Commission meeting. He will attend the hearing unless it settles, and DCC Wong will fill in for him and provide him with updates. Additionally, DCC Salas-Ferguson requested that Commissioner Tavares' request for a comparison between the other county's commission rules and county charters be added to the December agenda. He feels this will be beneficial to the PIG as well. He noted that once the PIG provides its report, it's automatically disbanded and at the following meeting the commission would make a decision on what was presented by the PIG. ANNOUNCEMENTS The next regular meeting is scheduled for Friday, November 15, 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 1:55 p.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: RICK ROBINSON, CHAIR