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HomeMy WebLinkAbout2025-02-21 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES FEBRUARY 21, 2025 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI STREET, HILO, HI CALL TO ORDERAND ROLLCALL Vice Chair Bertschcalled the meeting to order at 9:02a.m. Present: John Bertsch, Vice Chair Wendy Botelho, Commissioner Arthur Buckman, Commissioner Lloyd Enriquez, Commissioner Eileen Lacerte, Commissioner Greg Yamada, Commissioner Absent:Rick Robinson, Chair Jacob Tavares, Commissioner A quorum was present. Also present:Benjamin Moszkowicz, Police Chief Reed Mahuna, Deputy Chief Sherry Bird, Assistant Chief Kenneth Quiocho, Assistant Chief Thomas Shopay, Major Tuckloy 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 approvethe regularand executivesession minutes forJanuary 24, 2025,seconded by Commissioner Lacerte,with no discussion, it carried unanimously, and the minutes were approved. POLICE CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Chief Moszkowicz provided a presentation onthe Hawaii Police Department's organization and structure to the commission, breaking down the personnel assigned to each district. Items from the Chief’s written reports were highlighted: Regular Session Minutes February 21, 2025 Page 2 Crime Report:Assistant Chief Quiochoreported 3,428serious crimes through January 31, 2025.Area I and Area II criminal investigation units investigated436of these serious crimes, with 289 in Area I and147in Area II. Calls for Service: InJanuary 2025,the department received 10,250calls for service. Bringing the fiscalyear to date to 71,368. Traffic Report:MajorShopayreported11 traffic fatalities compared to eight last year. The DUI fatality count is three compared to three at the same time last year. DUI arrests are at 556 compared to 544 last year. InJanuary2025, there were 76DUI arrests.InJanuary, 5,599citations were issued, including, 3,828 for moving/regulatory, 320for seat belt violations, 46for child restraint violations, and1,121for speeding. Personnel Report: Assistant ChiefSherry Bird reported a total of 94sworn police vacancies in the field. After accounting for 13 recruits from the 100th class, 15 from the 101st class, and 7from the 102nd class, the department currently has 59unfilled sworn positions.Currently, there are 23positions filled and 16vacant for police communication officers.All five supervising police communication officer positions are fully staffed. Overall, the department has filled 429of 489sworn positions (88%) and 121of 159civilian positions (76%). Major Birdreported PO I recruitment activities and continuous recruitment efforts. Finance: Major Birdreported that HPD's overall expenditure target was 58.18%, with the actual expenditure at 58.46%. The target salaries and wages were62.5%, with the actual at 63.24%. Regularsalaries and wages were at 54.77%, overtime salaries and wages at 208.01%, and miscellaneous salaries and wages at 111.56%. Further discussion took place regarding overtime salaries and wages, which are impacted by manpower shortages, as well as employees being out on vacation, injury, or FMLA. As positions are filled, these numbers are expected to decrease. Commendations& Awards:Chief Moszkowiczreported receiving twocommendations involving twopersonnelsince the last commission meetingin recognition of exceptional service. Additionally,the Hawaii County Council honored Detective Donovan Kohara with the Haweo Award at their meeting in Kona.Officer Elijah Won was named the Kona Crime Prevention Committee Officer of the Month.On February 20, there was a letter to the editor in both Big Island newspapers, West Hawaii Today and the Hawaii Tribune-Herald,expressing appreciation to Officer Michael Sailer.On Wednesday, January 29, after last month’s meeting,HPDheld a promotion and recognition ceremony at Aunty Sally’s Luau Hale in Hilo. The ceremony honored 38 individuals st who were promoted effective February 1. Regular Session Minutes February 21, 2025 Page 3 Other Department Activities and Updates:Chief Moszkowicz reportedthe department accepted another shipment of Naloxone from the Hawaii Island Fentanyl Task Force. Since 2023, all officers have been equipped with Narcan. The Community Satisfaction Survey is currently live. It kicked off a day early on January 31stand will run until the end of February. The survey takes around5-10 minutes to complete and is completely anonymous. This month, 13 police recruits became solo officers following the HPD’s 100th Recruit st Class graduation ceremony on Friday, January 31,in Hilo at the Mokula Ballroom at the Hilo Hawaiian Hotel. Further discussion took place regarding the new dispatch center and the restructuring of the Vice Section. Deputy Chief Mahuna explained that the intent behind the restructuring was to enhance efficiency in information sharing and communication. Chief Moszkowicz noted that it is time once again for the police chief’s annual evaluation. With several trips, travel, and training scheduled, he has completed his self- assessment and submitted it to the commission. Chair Bertsch mentioned that the March meeting is canceled and the April meeting is tentative, so they will provide him with updates as the situation develops. It may be May or June before they have the opportunity to discuss the evaluation. Recess was called at 9:53 a.m., the meeting reconvened at 10:18 a.m. OFFICE OF PROFESSIONAL STANDARDSPRESENTATION Vice Chair Bertsch proposed amending the agenda to include an orientation by Capt. Aurello on the Office of Professional Standards, detailing his role and the operations of OPS. Commissioner Lacerte motioned to amend the agenda, seconded by Commissioner Buckman. With no discussion, the motion was unanimously approved. Capt. Aurello, representing the Criminal Intelligence Unit and the Office of Professional Standards (formerly Internal Affairs), addressed the commission. He provided an overview of OPS's organizational structure, roles, procedures,criminal and internal investigations, inquiries, and Administrative Review Boards (ARB). Further discussion covered the process for filing OPS and Police Commission complaints, the early warning system, and confidentiality protocols. UNFINISHED BUSINESS The Police Commission’s Permitted Interaction Group,formed to investigate proposed amendments to the Police Commission Rules of Practice and Procedure,will present its findings and recommendations. Deliberation and decision-making on its findings and recommendations, if any, will occur at a future meeting. Regular Session Minutes February 21, 2025 Page 4 Vice Chair Bertsch informed the new commission members about the formation of a permitted interaction group, allowing members to meet outside of regular meetings to review the Police Commission Rules. The county auditor noted at the end of 2023 that the commission had not reviewed its rules in some time. While the process has been ongoing, progress is still being made. This matter will be deferred to the next meeting. NEWBUSINESS Correspondence No. 25- Vice Chair Bertsch explained that this conference is hosted annually on a rotating basis by each island and encouraged all commissioners to attend if possible. He also recommended Association, though details for this year's event are not yet available. NEW BUSINESS Correspondence No. 25-04: Annual Misconduct Report to State Legislature. Vice Chair Bertsch stated that the annual misconduct report is a public document and has been EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Commissioner Buckmanmotioned to meet inexecutive 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 byCommissioner Lacerte,with no discussion, it carried unanimously. Executive session convened at 10:46a.m. Motion to reconvene open session made by Commissioner Yamada, seconded by Commissioner Lacerte,with no discussion, and it carried unanimously. The regular session reconvened at 2:05p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: o HPC 24-43: Complainant alleges property damage during a search warrant and claims harassment.Commissioner Yamada motioned that there was insufficient evidence to prove the complaint’s allegations of misconduct. Seconded by Commissioner Botelho, Commissioner Buckman stated it appears procedures were followed, with no further discussion, and the motion carried unanimously. o HPC 25-06: Complainant alleges property damage during a search warrant. Commissioner Botelhomotionedthat there was insufficient evidence to prove the Regular Session Minutes February 21, 2025 Page 5 complaint’s allegationsof misconduct, seconded by Commissioner Lacerte,with no discussionthe motion carried unanimously. o HPC 24-44: Complainant alleges the officer failed to follow proper procedure during a traffic stop and issued incorrect and false citations.Commissioner Buckman motioned that there was insufficient evidenceto prove the complaint’s allegations of misconduct. Seconded by Commissioner Botelho, with no discussion the motion carried unanimously. o HPC 25-03: Complainant alleges she was wrongly arrested for a TRO violation despite having a protective order against the other person, which was not in the system. Commissioner Yamada motioned there was insufficient evidence to prove the complaint’s allegations of misconduct. Seconded by Commissioner Botelho, with no discussion the motion carried unanimously. o HPC25-04: Complainant alleges that during a vehicle pursuit, the fleeing vehicle hit her car, causing damage, and officers continued the pursuit. Commissioner Buckman motioned to refer to the chief for further investigation. Seconded by Commissioner Lacerte,with no discussion the motion carried unanimously. o HPC 25-09: Complainant alleges that an officer's actions caused her emotional distress and made her feel harassed.Commissioner Botelho made a motion to refer to the chief for customer service.Commissioner Yamada seconded the motion for discussion, expressing that the evidence provided was insufficient and unclear. There was a discussion regarding the possibility of a TRO. Commissioner Botelho acknowledged that while something may be there, it's not clearly defined, and she believes further investigation may be needed. The commission asked if she thought it should be referred for further investigation. Vice Chair Bertsch agreed that the evidence was insufficient but felt it would be appropriate to refer the matter to the chief, particularly concerning jurisdictional issues. While the issue seemed outside their purview, it involved actions within the Police Department, especially regarding the background check.Vice Chair Bertsch called for a vote on theoriginal motion to refer the matter to the chief for customer service, procedural, operational, administrational, or jurisdictional concerns. All were in favor, andthe motion carried. o HPC 25-11: Complainant alleges he met all requirements for a permitto acquirebut has received no response for over 60 days. Despite multiple attempts to contact the office, his calls go unanswered. Commissioner Yamada motioned that there was insufficientevidence to prove the complaint’s allegations of misconduct. Seconded by Commissioner Enriquez. Vice Chair Bertsch stated the department appeared to have made a valid effort to contact him via certified mail,which was returned. They’ve instructed the department to reach out via telephone and provide him with additional information. After nofurther discussion, the motion carried unanimously. Regular Session Minutes February 21, 2025 Page 6 o HPC 25-02& HPC 25-12: Complainant is unsatisfied with the investigation into her complaints.Motion to defer made by Lacerte, seconded by Commission Yamada, no discussion, the motion carried unanimously. o HPC 24-42: Complainant alleges violation of the collective bargaining agreement and prohibited practices (cont. from 1/24/25). Vice Chair Bertsch stated thatthe commission formed a permitted interaction group;two of the members of the group are not here. Once everyone is back together,they will present their findings and rule on it. This matter willbe deferred. o Complaints in the non-acceptance category:HPC 25-05, HPC 25-07, HPC 25-08, and HPC 25-13. CommissionerLacertemotioned to sustain the chair’s decision, seconded by Commissioner Yamada, with no discussion, the motion carried unanimously. Request for representation by Corporation Counsel: o Correspondence No. 25-02: Albert Ian Schweitzer and Shawn Schweitzer v. County -CV-00025. Commissioner Buckman motioned to approve legal representation, seconded by Commissioner Lacerte, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING None suggested. ANNOUNCEMENTS Vice Chair Bertschannounced the next regular meeting is scheduled for March 14, 2025, at9:00 a.m. at the West Hawaii Civic Center, BuildingA, Council Chambers. ADJOURNMENT The meeting adjourned at2:21p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR