HomeMy WebLinkAbout2024-11-15 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION
REGULAR SESSION MINUTES
NOVEMBER 15, 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 9.01 a.m.
Present: Rick Robinson, Chair
John Bertsch, Vice Chair
Arthur Buckman, Commissioner
Eileen Lacerte, Commissioner
Rod Quartararo, Commissioner
Absent: Anthony Sur, Commissioner
Jacob Tavares, Commissioner
A quorum was present.
Also present: Benjamin Moszkowicz, Police Chief
Reed Mahuna, Deputy Chief
Andrew Burian, Assistant Chief
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 session minutes for October
18, 2024, seconded by Vice Chair Bertsch, with no discussion, it carried unanimously,
and the minutes were approved.
• Vice Chair Bertsch motioned to approve the executive session minutes for October 18,
2024, seconded by Commissioner Buckman. Vice Chair Bertsch requested to add the
subtitle "HPC 24-28" on page 7. There was no further 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: Assistant Chief Quiocho reported 2,025 serious crimes through October
31, 2024. Area I and Area II criminal investigation units investigated 265 cases of these
serious crimes, with 168 in Area I and 97 in Area II.
• Calls for Service: In October 2024, the department received 10,208 calls for service, for
a fiscal year total of 41,651.
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Chair Robinson inquired about crime statistics for Area I and Area 11. Assistant Chief
Quiocho provided an overview of the Police Department's historical context and current
structure, highlighting that each area is overseen by a different assistant chief. As the
assistant chief for Area 1, he noted that addressing questions specific to Area I I could
be challenging. The discussion also covered topics such as crime prosecution, the
number of crimes relative to the population, and the officer-to-community ratio.
• Traffic Report: Major Shopay reported there were 321 traffic crashes this fiscal year,
compared to 271 last year. Traffic fatalities are at five, compared to five the previous
year. DUI arrests are at 320 compared to 307. In October 2024, there were 62 DUI
arrests, compared to 89 in September. In October 2024, 4,708 citations were issued,
including 3,285 for moving/regulatory violations, 284 for seat belt violations, 19 for child
restraint violations, and 1,044 for speeding.
There was further discussion regarding an influx of people in Kona last month for a
large event, possibly contributing to an increase in citations. Vice Chair Bertsch offered
further context regarding the aggregation of the statistics.
Commissioner Lacerte inquired about the timing of receiving reports, noting that
sometimes there isn't enough time to review them before the meeting. Chair Robinson
expressed a preference for receiving the reports along with the meeting packets, which
would require Ms. Correa to obtain them earlier. While acknowledging that she had
emailed the reports before the meeting, Chair Robinson pointed out that they were not
included in the packets. Ms. Correa explained that packets are sent out a week before
the meeting, and if she doesn't receive the reports in time, she emails them to the
commission and provides hard copies at the meeting. Chair Robinson emphasized that
he prefers reviewing hard copies over reading the reports on a screen.
Major Shopay addressed concerns about homeless encampments and drug activity at
the Old Airport Park, which are limiting public use of the space. Community policing
officers are actively working to reunify individuals with their families, facilitating 133
reunifications over the past year. Recent activities in downtown Kailua brought an influx
of housing-challenged individuals, some of whom moved to quieter areas like the park.
Officers, in collaboration with prosecutors and the Department of Public Works, have
faced challenges with legal issues around trespassing notices and arrests. Efforts
continue to find permanent or transitional housing, with a cleanup scheduled for next
week. Despite these efforts, the issue persists, moving from one area to another, and
posing ongoing challenges for law enforcement and the community.
Commissioner Lacerte noted positive feedback about a designated space for the
homeless in Hilo and asked if Kona has a similar option. Major Shopay explained that
while Kona has open spaces, high real estate costs make it challenging for the county
to acquire suitable properties. He added that while there may be unused county-owned
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Regular Session Minutes
November 15, 2024
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spaces, decisions about their use are beyond the Police Department's jurisdiction. He
also mentioned that the Hilo initiative was a test with some challenges.
Vice Chair Bertsch inquired about the civil liberties of homeless individuals and the
protection of their belongings. Major Shopay confirmed that their property is
safeguarded, with a storage period allowing individuals to recover their items. He
emphasized that the goal of community policing officers is to assist individuals in
finding long-term housing rather than enforcing harsh measures. Officers provide
education on available opportunities, work toward family reunifications, and give
advance notice before area cleanups.
Commissioner Quartararo asked for clarification on the term "cleanup," inquiring if it
referred to removing people or drug residue. Major Shopay explained that the cleanup
involves the entire facility. While people are allowed in the park during park hours, the
cleanup occurs when the park is closed, during which individuals are asked to leave or
are removed, along with their belongings. Commissioner Quartararo also raised
concerns about drug-related issues, particularly the dangers of fentanyl. Major Shopay
encouraged the public to report drug use to the police so it can be addressed
appropriately.
Vice Chair Bertsch pointed out that addressing these issues often requires a multi-
agency approach, and it's not typically within the Police Department's purview to
conduct drug screenings of the park unless there's visible evidence. Chair Robinson
explained that the rise in homelessness began in the late 70s and early 80s when the
ACLU filed a national lawsuit. The lawsuit led to the deinstitutionalization of people with
mental illnesses, many of whom were placed in institutions involuntarily, but for their
benefit. Chair Robinson believes the ACLU's actions played a significant role in the
current homeless situation.
• Personnel Report: Assistant Chief Burian reported that as of October 31, 2024, there
are 70 sworn police vacancies in the field, minus 13 from the 100t" recruit class, and 15
from the 101St recruit class, and they have 50 actual sworn positions unfilled. Currently,
for police communication officers, they have 27 filled and 11 vacant. All five supervising
police communication officer positions are fully staffed. Overall, the department has
filled 435 of 484 sworn positions (90%) and 124 of 158 civilian positions (78%).
AC Burian provided an update on the progress of the current and upcoming recruit
classes, along with the ongoing efforts to recruit for Police Officer I positions.
The discussion continued regarding PO 1, PO 11, temporary assignments, and
specialized positions such as PO III roles, including field training officers, the crime
reduction unit, and community police officers. Vice Chair Bertsch highlighted the
corporal program as an excellent way to incentivize officers and provide a logical
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career progression. He encouraged the department to consider implementing such a
program. Chief Moszkowicz stated that it's on their radar.
Commissioner Quartararo asked about an essential employee program. AC Burian
explained that while recruitment bonuses are in place, they are exploring options such
as relocation bonuses and other incentives, though details are still being worked out.
Currently, there are no housing allowances. However, in Kona, barracks are available
at a reasonable price.
• Finance: AC Burian reported that HPD's overall expenditure target was 36.89%, with
the actual expenditure at 37.27%. The target for salaries and wages was 37.5%, with
the actual figure at 38.19%. Regular salaries and wages were at 33.36%, overtime
salaries and wages at 120.85%, and miscellaneous salaries and wages at 65.03%
Chair Robinson asked about the reason for overspending and not meeting the 37.5%
target for salaries and wages. Chief Moszkowicz explained that part of the
overspending is due to ongoing recruit training, with 45 in various stages of training.
Their salaries are funded by vacant position funding, meaning the department cannot
permanently fill those positions and must rely on overtime and reallocating resources to
staff beats on the road while the funding for those beats is taken up by people who are
learning to fill those spots. Additionally, the administrative services budget has nearly
doubled because recruit pay and benefits are covered there. Chief Moszkowicz also
noted that the overall overtime expenditure number has not been adjusted in seven to
nine years.
• Commendations & Awards: Chief Moszkowicz reported receiving five commendations
involving 17 personnel since the last commission meeting in recognition of exceptional
service.
• Strategic Plan Updates: Chief Moszkowicz explained that the strategic plan update is
the result of several months of review and consolidation. When he first started, a 127-
page document was approved outlining the department's goals and plans for the next
five years. This update will cover the period from July to June, aligning with their budget
cycle. The goal was to condense the 127 pages into a more accessible format with
clear, bullet-point goals, missions, and objectives that can be easily referenced, either
in print or online. It serves as a "to-do list" for the fiscal year. While the document is
primarily intended for internal use, it will also be shared publicly, including with the
commission. A booklet was created yesterday, and about 40-50 hard copies will be
printed for those interested, though the main delivery method will be online via the new
website. Instead of a traditional PDF, they invested in a service called "Flipping Book,"
which converts the document into an interactive format that resembles a book. The
plan includes six objectives aligned with 21St century policing, each with corresponding
strategies and tactics. Chief Moszkowicz noted that this will also serve as a useful
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metric for his evaluation, helping to track progress and ensure the department stays on
course to meet its goals.
• Demonstration of Department Website: Chief Moszkowicz introduced the new website,
which they transitioned to on Tuesday morning. The new URL is hawaiipolice.gov,
replacing the old hawaiipolice.com. The old site will be maintained as an archive due to
its decades of content, with a clear notice at the top directing users to the new site. This
is part of a larger domain migration project, as they work to move all materials to a .gov
domain. Eventually, all emails will also transition to hawaiipolice.gov, aligning with the
county's broader move to a unified domain.
The new website offers a redesigned and enhanced user experience while retaining all
the information from the previous site. Notable features include a multimedia approach
with embedded videos, including a recruiting video on agility testing, and access to
various social media and materials accumulated over the past year. Additional features
include an interactive map, a crime map (City Protect), booking logs, events, crime
prevention and safety tips, a call-to-action section, and various forms and resources.
Chair Robinson mentioned he had discussed with the chief the possibility of adding the
Police Commission to the website to introduce its members. Chief Moszkowicz
explained that once the initial implementation is complete, they could add a dedicated
page. He suggested that by the December meeting, they may have something to
present to the commission for feedback.
Recess was called at 11.01 a.m., the meeting reconvened at 11.19 a.m.
UNFINISHED BUSINESS
Chair Robinson announced that the Permitted Interaction Group (PIG), formed to
investigate proposed amendments to the Police Commission Rules of Practice and
Procedure, will schedule a Zoom meeting. Three PIG members were present and
discussed their availability, agreeing to meet before December 7t". DCC Salas-Ferguson
advised them to email him the preferred date and time for the meeting, and he will send
out the Zoom link.
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 11.21 a.m.
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November 15, 2024
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Vice Chair Bertsch motioned to reconvene open session. Seconded by Commissioner
Lacerte, with no discussion, and it carried unanimously. The regular session reconvened at
11.49 a.m.
ACTION ON EXECUTIVE SESSION MATTERS
• Investigation of complaints:
o HPC 24-21: Complainant is dissatisfied with how his traffic collision report was
handled (cont. from 8/30/24). Vice Chair Bertsch motioned that there was
insufficient evidence to prove the complainant's allegations of misconduct.
Seconded by Commissioner Lacerte. Vice Chair Bertsch noted that according to the
complainant, efforts were made to locate video footage of the accident, but there
was no footage of the accident. With no further discussion, the motion carried
unanimously.
o Complaints in the non-acceptance category: Vice Chair Bertsch motioned to affirm
the chair's decision to decline investigation for HPC 24-35, HPC 24-36, HPC 24-38,
HPC 24-39, and HPC 24-40. The motion was seconded by Commissioner
Buckman. With no further discussion, the motion carried unanimously.
AGENDA ITEMS FOR NEXT MEETING
Budget Presentation: Chair Robinson noted that Chief Moszkowicz requested additional
time to share the budget presentation. Time will be allotted for this during the finance
report segment.
Department Presentations: Vice Chair Bertsch proposed making presentations from
various sections of the department a regular agenda item for educational purposes. He
suggested that the chief could invite personnel to deliver 10-minute presentations, which
would not only educate commissioners but also provide officers an opportunity to be
recognized for their work. Chair Robinson agreed to discuss this with Chief Moszkowicz
and determine who will lead the presentations.
Chair Robinson stated the commission needs to hear the status report on referred and
external complaints from the Office of Professional Standards. This will require returning to
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 Lacerte, DCC Salas-
Ferguson advised they would need a vote to add that item to the agenda, Chair Robinson
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Regular Session Minutes
November 15, 2024
Page 7
stated they would do that in executive session, with no further discussion, it carried
unanimously. Executive session convened at 11.55 am.
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 12.13 p.m.
ANNOUNCEMENTS
Chair Robinson announced the next regular meeting is scheduled for Friday, December
20, 2024, at 9.00 a.m. at the County Building, Council Chambers in Hilo.
ADJOURNMENT
The meeting adjourned at 12.14 p.m.
SUBMITTED BY: CHARISSE CORREA, SECRETARY
APPROVED BY: RICK ROBINSON, CHAIR