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HomeMy WebLinkAbout2025-05-16 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES MAY 16, 2025 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HI CALL TO ORDERAND ROLLCALL Chair Robinsoncalled the meeting to order at 9:00a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Wendy Botelho, Commissioner Arthur Buckman, Commissioner Eileen Lacerte, Commissioner Greg Yamada, Commissioner Absent:Lloyd Enriquez, Commissioner Jacob Tavares, Commissioner A quorum was present. Also present:Benjamin Moszkowicz, Police Chief Reed Mahuna, Deputy Chief Chad Basque, Assistant Chief Sherry Bird, Assistant Chief Scott Amaral, Major Tuck Loy Aurello, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Moani Muna provided testimony regarding her concerns about Child Welfare Services, foster youth investigations, procedural issues, and child safety. Commissioner Buckman arrived at 9:14 a.m. Commissioner Botelho noted a discrepancy in the documentssubmitted, and Ms. Muna said she would email the corrected version. Vice Chair Bertsch clarified that many of the concerns raised fall outside the Commission’s jurisdiction,but appreciated the information. Chair Robinson thanked Ms. Muna for her testimony. APPROVAL OF THE MINUTES Vice Chair Bertsch motioned to approvethe regularand executivesession minutes for February 21, 2025,seconded by Commissioner Lacerte,with no discussion, it carried unanimously, and the minutes were approved. Regular Session Minutes May 16, 2025 Page 2 POLICE CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief’s written reports were highlighted: Crime Report:MajorScottAmaralreported 4,868serious crimes through April30, 2025.Area I and Area II criminal investigation units investigated 662of these serious crimes, with 443in Area I and219in Area II. Calls for Service: InApril2025,the department received 9,681calls for service. Fiscal year to date is 100,585. Traffic Report:Assistant ChiefChadBasquereported that as of May 13, 2025, there were824traffic crashes this fiscal year, compared to 739last year.Traffic fatalities are at 20,compared to21the previous year.The DUI fatality count is seven compared to nine the previous year. DUI arrests are at786compared to 773.In April 2025, there were 65 DUI arrests,compared to78the previous month.InApril 2025,5,246citations were issued, including 3,672 for moving/regulatory, 383for seat belt violations, 16for child restraint violations, and 1,042for speeding. Personnel Report: Assistant ChiefSherry Bird reported a total of 90sworn police st vacancies in the field. After accounting for 13 recruits from the 101class, fivefrom the ndrd 102class, andfivefrom the 103class, the department currently has 67unfilled sworn positions.Currently, there are23 positions filled and 15vacant for police communication officers.All five supervising police communication officer positions are fully staffed. Overall, the department has filled 426of 493sworn positions (87%) and 120of 159civilian positions (76%). Assistant Chief Bird provided an update on recruitment activities, recruit classes, and ongoing recruitment efforts.Challenges and strategies to improve recruitment and retention, including the potential development of an online course to help increase written test passing rates. Finance: Assistant ChiefBirdreported that HPD's overall expenditure target was 79.81%, with the actual expenditure at88.37%. The target salaries and wages were 87.50%, with the actual at 88.58%. Regularsalaries and wages were at 76.16%, overtime salaries and wages at 301.46%, and miscellaneous salaries and wages at 157.14%. Commendations& Awards:Chief Moszkowicz reported receiving 17 commendations involving 27 personnel since the last commission meeting for exceptional service. He also shared several recognitions: Officer Rodney De Lima Jr. was named the 2024 Officer of the Year by the Aloha Exchange Club of East Haw lighting ceremony in Italy; and Officer Paul Wright III was honored as the first- Officer of the Quarter for first quarter of 2025 during a ceremony in Ocean View. Regular Session Minutes May 16, 2025 Page 3 Budget Review: Chief Moszkowicz presented the department’s budget review, originally shared with the County Council’s Special Finance Committee. He explained the budget process, noting the mayor proposes a preliminary budget inMarch, followed by a finalized version in May. If not adopted or amended by the County Council by June 30, the May budget becomes law on July 1. The presentation included FY25 highlights and FY26 objectives, such as recruitment goals (up to 470 sworn personnel), expanded training, increased grant funding, targeting drug trafficking organizations, school partnerships, website improvements, and implementation of automated customer service software. Key FY26 priorities include adding sworn positions, facility upgrades, community support, recruitmentand retention-focusedrebranding, and best practice initiatives. The department identified ongoing needs, including a training sergeant, training staff, additional vehicles, two IT positions, and dictation software. Council’s first reading is scheduled for May 22, with the second on June 5. Other Department Activities and Updates:Chief Moszkowicz reported that a community meeting was held on March 3 to discuss the temporary cold storage facility at Kupuna Place in Hilo. This initiative addresses the overcrowding at Hilo Benioff Medical Center and Kona Community Hospital morgues. As county coroner, the chief noted the Police Department’s role in transporting bodies involved in inquests or criminal investigations. After nearly a year of collaboration with county agencies, the temporary facility opened last week. Although the infrastructure is not fully complete, they have started transferring remains and accepting new ones. This is a short-term solution, and planning is underway for a permanent, self-sufficient facility with autopsy suites. Funding has been secured for land acquisition and planning, with additional funding expected in future years. Chief Moszkowicz reported on a homicide investigation that began shortly after midnight on March 4, involving a 25-year-old female victim. The suspect, 28-year-old Isaiah Fourshey of Mountain View, was located later that day near Hawai‘i Volcanoes National Park. When approached by detectives and National Park Service rangers, Fourshey fled on foot, then brandished and fired a handgun at officers. Law enforcement returned fire, striking Fourshey. Medical aid was rendered,but he was later pronounced dead at the hospital. No officers or bystanders were injured. As the incident occurred on federal land, the FBI has taken over the investigation. The two involved detectives from the Area I Criminal Investigation Section have been cleared and returned to full duty. Chief Moszkowicz reported another officer-involved shooting on March 14, following a series of incidents involving suspect Christopher Lucresia. Lucresia shot and injured an officer during an encounter in Hilo, prompting a multi-agency manhunt. On March 16, he was located in Mountain View, where he fired at officers during a home invasion Regular Session Minutes May 16, 2025 Page 4 response. He was shot and killed by police. The injured officer underwent surgeries and is recovering, with plans to return to duty after completing rehabandmedical clearance. The media honored a request to withhold the officer’s identity due to his undercover role. Lucresia’s accomplice, Silas Zion, has been charged with attempted murder and is awaiting trial. Chief Moszkowicz reported that 20 lives have been HPD’s use of donated tourniquets from the Spirit of Blue Foundation. In March, Executive Director Ryan Smith presented a symbolic check for $38,188.16, representing donations of 492 tourniquets, holsters, and a defensive tactics training suite since 2020. The program began after Chaplain Renee Godoy secured a grant in response to earlier life-saving uses of personal tourniquets by officers. HPD leads the nation in confirmed life-saving uses of these donated tourniquets. Chief Moszkowicz reported that the 2025 Merrie Monarch Festival, held from April 20– 26 in downtown Hilo, was a success with no major incidents. HPD participated in the parade on horseback, represented by Lt. Scotty Lewis, Officer Eddie Lewis, and the chief,along with recruits and training staff who distributed QR codes promoting HPD career opportunities. The event served as a positive outreach opportunity for the department. Chief Moszkowicz reported that on April 14, he joined Fire Chief Todd and Mayor Alameda for the blessing and dedication of the new emergency call center on Mohouli Street in Hilo. The 17,000-square-foot, $31 million facility now serves as a unified dispatch center for police and fire, enhancing emergency response and allowing for futuregrowth. The opening coincided with National Public Safety Telecommunicators Week. The center, built to withstand hurricanes and earthquakes, includes various support spaces and officially went live at 3:00 a.m. on April 17. In response to a question from Vice Chair Bertsch, Chief Moszkowicz confirmed that the old dispatch center will serve as a backup facility. Chief Moszkowicz reported that the Kona Community Policing Section and HIPAL hosted nearly 100 keiki at the 3rd annual Outrigger Youth Canoe Regatta on March 22 at Kailua Pier, in partnership with local canoe clubs. In Hilo, officers supported a t-ball and coach-pitch baseball tournament and participated in the 2025 Scouting Makahiki, where over 100 keiki earned fingerprinting and crime prevention merit badges. Chief Moszkowicz reported that on March 28, HPD launched its new Kalounui internship program in partnership with UH Hilo. The program offers college credit for up to four semesters of internships over a four-year period, with students rotating through various divisions such as patrol and IT.The first cohort, consisting of seven confirmed interns and five applicants, is expected to begin in the fall. The name Kalounui symbolizes the strong connections the program aims to build between the department Regular Session Minutes May 16, 2025 Page 5 and the community. The kickoff event featured presentations from CIS, Criminalists, Detectives, and others who shared insights with prospective interns. Chief Moszkowicz noted that he will provide an update on Police Week and other events at the next meeting, acknowledging that there has been a lot happening and the commission has not met for a few months. NEW BUSINESS Discussion regarding the Memorandum of Understanding(MOU) Police Department and Homeland Security:Chief Moszkowicz addressed concerns regarding three and FBI). He explained that although CorpCounsel had historically reviewed such MOUs, they were not approved by County Council as required by state law. Efforts to correct this began last year, with most MOUs approved; however, three–two with Homeland Security Investigations (HSI) and one with the FBI,were held back due to public and council concerns. The FBI MOU allows select HPD personnel to serve as federally sworn Task Force Officers (TFOs), enabling them to assist with investigations under U.S. Code Titles 18 and 19 (e.g., drug trafficking, corruption), but not Title 8, which covers civil immigration enforcement. The two HSI MOUs similarlydesignate TFOs and authorize the use of workspace at HPD facilities. These agreements have been in place since at least 2010 and were recently updated to reflect changes in personnel. Chief Moszkowicz emphasized that HPD does notand is not authorized toengage in civil immigration enforcement. The department’s roles remain protecting life and property, upholding constitutional rights, and providing humanitarian aid when possible. NEW BUSINESS Chair Robinson referenced public testimony from Ms. Muna andher related correspondence. He asked Chief Moszkowicz for guidance. The chief stated that while no formal complaint was submitted, they could still conduct an inquiry to determine if any claims couldbe substantiated. He noted that the outcome may not be appropriate for discussion in open session,but he could report back to the commission. Chair Robinson agreed. Additional discussion followed regarding the Police Department’s role in investigations, the judicial process, and available resources. NEW BUSINESS Correspondence No. 25-06: Memorandum from Mayor Alameda regarding county identification cards for volunteer board, commission, and committee members:Chair Robinson asked Chief Moszkowicz if the mayor’s memorandum was sent to all county boards and commissions. The chief confirmed that was his understanding, stating they Regular Session Minutes May 16, 2025 Page 6 received the correspondence through Corp Counsel and were informed it was being distributed to all relevant bodies. UNFINISHEDBUSINESS The Police Commission’s Permitted Interaction Group, formed to investigate proposed amendments to the Police Commission Rules of Practice and Procedure, had nonew developments.Chair Robinson noted that this item will be continued. At 10:55 a.m., Vice Chair Bertsch called for a recess to allow the commission to attend the Police Week Ceremony scheduled for 11:00 a.m. The motion was seconded by Commissioner Buckman andcarriedunanimously without discussion.The meeting reconvened at 11:53 a.m. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Commissioner Yamadamotioned 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 byVice Chair Bertsch,with no discussion, it carried unanimously. Executive session convened at 11:53 a.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Buckman with no discussion, and it carried unanimously. The regular session reconvened at 2:22 p.m. ACTION ON EXECUTIVE SESSION MATTERS Request for representation by Corporation Counsel: o Correspondence No.25-05: Kameanui Tripp-Gouveia and her minor daughter v. Cou-00454. Vice Chair Bertsch motioned to approve legal representation, seconded by Commissioner Botelho, with no discussion, and it carried unanimously. Investigation of complaints: o HPC 25-01:Complainant alleges anofficer used unnecessary physical force.Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct, and Commissioner Yamada seconded. Vice Chair Bertsch recommended including language in the written response to the complainant that explains the commission’s decision following its review of the body-worn camera footage. With no further 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 motionedto defer Regular Session Minutes May 16, 2025 Page 7 the item to the June meeting, noting that the Permitted Interaction Group formed to review the matter has not yet presented its findings. He acknowledged the item was previously listed on the agenda and suggested the group may wish to provide its report at this time.Commissioner Lacerte seconded, with no discussion, and it carried unanimously. o HPC 25-02:Complainant is unsatisfied with the investigation into her complaint (cont. from 2/21/25).Vice Chair Bertsch motioned to defer this to the June meeting. Commissioner Botelho seconded, with no discussion, and it carried unanimously. o HPC 25-12: Complainant is unsatisfied with the officer’s report, alleging misclassification (cont. from 2/21/25).Vice Chair Bertsch motioned to defer this to the June meeting.CommissionerLacerteseconded, with no discussion, and it carried unanimously. Requests for reconsideration: o HPC 25-07: Vice Chair motioned to decline the complainant’s request for reconsideration due to the 90-day rule. Commissioner Yamada seconded, with no discussion, and it carried unanimously. o HPC 25-13:Vice Chair Bertsch motioned to grant the complainant’s request for reconsideration based on new information provided at today's meeting. Commission Buckman seconded, with no discussion, and it carried unanimously. Complaints in the non-acceptance category: o Correspondence No. 25-08 and 25-09: Vice ChairBertsch affirmed the chair’s decision to decline investigation and to refer to the chief’s office for information only, seconded by Commissioner Botelho, with no discussion,themotion carried unanimously. o Correspondence 25-10: Vice Chair Bertsch affirmed the chair’s decision to decline investigation, seconded by Commissioner Lacerte, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING No items were suggested. Chair Robinson advised commissioners to email any proposed agendaitems to Ms. Correa. FINDINGS OF THE PERMITTED INTERACTION GROUP (PIG) Vice Chair Bertsch reported on the PIG’s findings regarding Complaint No. HPC 24-42, which involved allegations of collective bargaining violationsand prohibited practices. The group, consisting of Chair Robinson, Vice Chair Bertsch, and Commissioner Tavares, was unable to complete its work due to the complainant’s refusal to meet. Despite multiple outreach attempts, the complainant insisted that the PIG visit their facility instead. Without Regular Session Minutes May 16, 2025 Page 8 further cooperation or information, the PIG could not proceed.Per DCC Salas-Ferguson’s guidance, the group was considered dissolved upon the presentation of this report,and the commissionwillmake a decision at the next meeting. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, June 20, 2025, at9:00 a.m. at County Building, Council Chambers, Suite 1401, 25 Aupuni St., Hilo. ADJOURNMENT The meeting adjourned at2:37 p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR