Loading...
HomeMy WebLinkAbout2024-12-20 Police Commission Regular Minutes HAWAI`I POLICE COMMISSION REGULAR SESSION MINUTES DECEMBER 20, 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 Arthur Buckman, Commissioner Rod Quartararo, Commissioner Anthony Sur, Commissioner Jacob Tavares, Commissioner Absent: John Bertsch, Vice Chair Eileen Lacerte, 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 Aurello, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS SHOPO Business Agent Gabe Malani addressed the commission regarding a complaint they filed, noting they had not received an investigative number and assumed the complaint was in non-acceptance status. Mr. Malani emphasized that the commission is the only entity with the authority to discipline the chief. He stated that everyone, including the chief, must adhere to the department's policies, procedures, and laws, including the collective bargaining agreement. Violations of these could be considered misconduct under the commission's purview. He urged the commission to investigate their complaint, as they believe it to be serious, to the point where Corp Counsel is involved. Mr. Malani described an attempt to remove their chapter chair, which he called "union busting" and a state violation. He urged the commission to investigate, emphasizing their authority to hire, fire, and discipline the chief. He stated that if the commission requires more information, SHOPO is willing to provide it, including a video. He asked the commission to investigate properly, and follow procedures and expressed that if the commission does not take action, they will pursue other avenues. He concluded by reminding the commission of their obligation to the community, including SHOPO, and urged them to address the grievances before they escalate further. Hawaii Police Commission Regular Session Minutes December 20, 2024 Page 2 (Commissioner Quartararo arrived at 9.10 a.m.) APPROVAL OF THE MINUTES Commissioner Quartararo motioned to approve the regular and executive session minutes for November 15, 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 2,486 serious crimes through November 30, 2024. Area I and Area II criminal investigation units investigated 325 cases of these serious crimes, with 213 in Area I and 112 in Area II. • Calls for Service: In November 2024, the department received 9,524 calls for service. • Traffic Report: Major Shopay reported there were 396 traffic crashes this fiscal year, compared to 339 last year. Traffic fatalities are at eight, compared to six the previous year. DUI arrests are at 405 compared to 363. In November 2024, there were 85 DUI arrests, compared to 62 the previous month. In November 2024, 3,586 citations were issued, including, 320 for seat belt violations, 55 for child restraint violations, and 1,080 for speeding. Commissioner Tavares pointed out that the statistics on the page differed from what was being presented, with the numbers being higher. He asked if more up-to-date figures were available, as the numbers provided in their packets were different from what was being reported. Chief Moszkowicz confirmed he had the same report as the commissioners. Major Shopay explained that there might have been a delay in the production of the report, and they were reporting on the final compiled data. Commissioner Tavares requested that, for future meetings, the same report with consistent statistics be provided to the commissioners. • Personnel Report: Major Sherry Bird reported that as of November 30, 2024, there are 84 sworn police vacancies in the field, minus 13 from the 100t" recruit class, 15 from the 101St recruit class, and minus 11 from the 102nd recruit class, they have 45 actual sworn positions unfilled. Currently, for police communication officers, there are 25 positions filled and 13 vacant. All five supervising police communication officer positions are fully staffed. Overall, the department has filled 443 of 484 sworn positions (91%) and 125 of 159 civilian positions (79%). Major Bird 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. Hawai'i Police Commission Regular Session Minutes December 20, 2024 Page 3 • Finance: Major Bird reported that HPD's overall expenditure target was 44.73%, with the actual expenditure at 43.94%. The target for salaries and wages was 45.83%, with the actual figure at 46.67%. Regular salaries and wages were at 40.59%, overtime salaries and wages at 150.66%, and miscellaneous salaries and wages at 82.25% • Commendations & Awards: Chief Moszkowicz reported receiving six commendations involving eight personnel since the last commission meeting in recognition of exceptional service. Additionally, On Wednesday, October 16, 2024, Officer Michael Abran received the Haweo Award in recognition of his commitment to the Special Olympics as a track and field coach and Torch Runner. • Other Department Activities and Updates: On Friday, December 13, 2024, around 4.30 p.m., the HCCC Hale Nani Facility on Kanoelehua Avenue reported that two prisoners had escaped. Upon arrival, officers confirmed that a third prisoner had also fled. The escapees were identified as 31-year-old Clyde Loa, in custody for multiple auto thefts and resisting an order to stop, 41-year-old Kawai Pomroy, in custody for abuse of a family or household member, and 35-year-old Joseph Fernandez, in custody for probation revocation related to firearms violations. Surveillance footage revealed one suspect had taken a food service worker's car keys from a restricted area. The three inmates then entered a 2014 Nissan Altima and fled the facility toward Puna. Officers conducted area checks, but delays in the initial report (approximately 60 minutes) led to no immediate findings. Over the weekend, officers followed up on tips and gathered more information. On Wednesday, December 18, 2024, Fernandez was located at a residence on Hawai'i Boulevard in Hawaiian Ocean View Estates and arrested without incident. The vehicle was also recovered. Fernandez was charged with second-degree escape, first-degree theft (for the motor vehicle), and first-degree unauthorized entry into a motor vehicle. Loa and Pomroy remain at large. • Staffing Updates: Chief Moszkowicz reported that in 2024, HPD hired 47 Police Officer I recruits, of which 37 remain in the department. The year saw an unusually high number of retirements among senior officers, sergeants, detectives, and lieutenants. A total of 32 officers were eligible to retire during the year, and 18 have retired or are expected to retire by December 31, 2024. As of January 1, 2025, 14 officers remain eligible for retirement, not including captains and above. Due to a break in recruit classes 25 years ago and smaller class sizes at that time, no additional officers will become eligible for retirement until December 31, 2025, when four are eligible. An additional five officers will become eligible in August 2026, followed by four more in June 2027. While HPD faced challenges in increasing the total number of officers in 2024, they managed a high volume of retirements and ended the year with a positive Hawai'i Police Commission Regular Session Minutes December 20, 2024 Page 4 net gain, aided by continuous processing and the switch to three recruit classes per year. • Budget Presentation: Chief Moszkowicz explained that departments are currently compiling and reviewing their operating budgets with County Finance. Once finalized, the budgets are reviewed and approved by the mayor. In March/April, County Council is presented with the preliminary budget. Afterward, the mayor may include supplemental requests. In May, the final budget proposal is presented by the mayor to County Council, which holds additional hearings, allowing County Council members to propose amendments. Once approved in July, the CFY budget cycle begins again. If County Council does not approve a final amended budget, the mayor's May proposal becomes the CFY budget by law. Chief Moszkowicz outlined the department's budget priorities and supplemental budget requests, which include 48 items, such as the need for additional patrol officers in rural districts. The department has reprogrammed operating expenses to purchase new vehicles and plans to request five new blue-and-white vehicles annually, maintaining a replacement schedule. The budget also includes administrative and technology positions to support operations, along with funding for ground clearing, fencing in Kona, and dictation software. The total supplemental requests amount to just over $4.8 million. While he doesn't expect all requests to be approved, he emphasized that they will present them to County Council for consideration. Commissioner Buckman inquired about potential retention incentives to address the spike in retirements. Chief Moszkowicz explained they are exploring options, but it involves collaboration with Human Resources, which can be a lengthy process. A program is being considered by the state and other counties, but it requires legislative approval and input from the Employees' Retirement System to assess feasibility. In the meantime, discussions are underway with DHR and Finance to rehire retirees on a contract basis while they continue collecting their retirement, focusing on hard-to-fill positions. Monetary retention incentives are also included in the bargaining unit contract. There was further discussion regarding crisis intervention training. Currently, about 20% of the department is trained, with the goal of eventually training 100% of patrol officers and recruits. The next training is scheduled for January or February. Commissioner Tavares asked about the difference between a blue-and-white vehicle and a subsidized vehicle. Chief Moszkowicz explained that officers primarily use their subsidized vehicles, which are personally owned and lack features like a prisoner cage. Policy allows transporting arrested individuals in subsidized vehicles, but for violent, uncooperative, or evidence-related situations, a blue-and-white vehicle is used. Another officer retrieves the blue-and-white vehicle from the station for such transports. Hawai'i Police Commission Regular Session Minutes December 20, 2024 Page 5 Additionally, pickup trucks have been purchased for rural districts to assist with equipment transport. There was discussion about the Pepe'ekeo storefront lease. Chief Moszkowicz explained that a retired Honolulu officer, whose family is developing a Pepe'ekeo shopping center, offered HPD a space with free rent and meals for officers. However, due to concerns from County and Corp Counsel about gratuities, they agreed on a first- year lease of$15,000, which includes setup costs like signage and IT infrastructure. The space would provide a small, secure office and parking for officers to use while on duty in the area, reducing travel time. Costs would decrease in subsequent years. Commissioner Tavares asked if the office would be fully occupied, and the chief confirmed it would not. There was also discussion about clearing and fencing land in Kona for a potential evidence repository, requiring capital improvement funds. Additionally, repainting the Hilo station was addressed. They plan to meet with the new DPW director in January to seek support, as the project is classified as a capital improvement project. Chair Robinson requested a motion to send a letter to the mayor confirming the commission's review and support of the budget. Commissioner Tavares moved, and Commissioner Buckman seconded. With no further discussion, the motion carried unanimously. Chair Robinson asked the chief about the deadline for the letter, to which he responded, anytime in January. Chief Moszkowicz shared that his public relations specialist has returned from vacation and has started building the Police Commission's page. It should be live on their website under "About Us" within the next week. The page will include resources, links, forms, and other information currently available on the county site. He also discussed ID cards for commissioners, noting he would need to take their photos to create the cards. These would serve as identification if needed and could be distributed by the next meeting or sooner. Commissioner Sur asked if this had been cleared with the department's legal counsel, as the IDs were previously revoked. Chief Moszkowicz confirmed that it had been approved. UNFINISHED BUSINESS Chair Robinson announced that the Permitted Interaction Group (PIG), established to review proposed amendments to the Police Commission Rules of Practice and Procedure, will focus on this task during the holidays. Acknowledging everyone's busy schedules, Chair Robinson emphasized the importance of moving the process forward. Commissioner Buckman has compiled the necessary information into a cohesive format, providing the group with a foundation to work on. The next step is to schedule a meeting over the holiday period. Hawai'i Police Commission Regular Session Minutes December 20, 2024 Page 6 NEW BUSINESS Election of Chair and Vice Chair of the Hawai'i County Police Commission for 2025 per Rule 3(a)(2). Chair Robinson suggested holding the election either today or at the next meeting in January when more commissioners are expected to attend. Commissioner Quartararo motioned to defer the election to the next meeting, noting that some commissioners' terms are expiring. Commissioner Buckman seconded the motion, and with no further discussion, the motion carried unanimously. 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 Hawai'i County Charter Section 13-20 (b). Seconded by Commissioner Sur, with no discussion, it carried unanimously. Executive session convened at 10.06 a.m. Commissioner Tavares motioned to reconvene open session. Seconded by Commissioner Sur, with no discussion, and it carried unanimously. The regular session reconvened at 11.43 a.m. ACTION ON EXECUTIVE SESSION MATTERS • Investigation of complaints: o HPC 24-37: Complainant alleges that her TRO is not being enforced and is dissatisfied with how officers handled her assault case. Commissioner Tavares motioned that there was insufficient evidence to prove the complainant's allegations of misconduct, seconded by Commissioner Quartararo, with no further discussion, the motion carried unanimously. o Complaints in the non-acceptance category: ➢ HPC 24-42: Commissioner Tavares motioned to not accept the chair's decision. Chair Robinson explained this would reverse the original decision to not accept, and the matter would be placed on the next agenda. Seconded by Commissioner Sur, with no further discussion, the motion carried unanimously. ➢ HPC 20-3513: Commissioner Tavares motioned to accept the chair's decision to decline investigation. Seconded by Commissioner Sur, with no discussion, the motion carried unanimously. • Request for representation by Corporation Counsel: o Correspondence No. 24-21: Kalani Kaohimaunu v. County of Hawai'i, ET AL., in Civil No. 1:24-CV-328. Commissioner Quartararo motioned to approve legal Hawaii Police Commission Regular Session Minutes December 20, 2024 Page 7 representation, seconded by Commission Buckman, with no discussion, the motion carried unanimously. o Correspondence No. 24-22: Dr. Sarah Coultas v. Elladine Olevao, ET AL., in Civil No. 24-00104-MWJS-KLM. Commissioner Tavares motioned to approve legal representation, seconded by Commissioner Quartararo, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING None suggested. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, January 24, 2025, 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 11.51 a.m. SUBMITTED BY: CHARISSE CORREA, SECRETARY APPROVED BY: JOHN BERTSCH, VICE CHAIR