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HomeMy WebLinkAbout2025-06-20 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES JUNE 20, 2025 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI STREET, HILO, 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 Lloyd Enriquez, Commissioner Jacob Tavares, Commissioner Greg Yamada, Commissioner Absent:Eileen Lacerte, Commissioner A quorum was present. Also present:Sherry Bird, Assistant Chief Scott Amaral, Major Thomas Shopay, Major Tuck Loy Aurello, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Jenny Leeexpressed concerns regarding Chief Moszkowicz's recent actions, including his Shereferenced the chief's initial resignation, subsequent withdrawal, and perceived lack of statedthat his actions showed selfish motives and a lack of commitment. She urged the commission to reject his withdrawal of resignation and e who is committed to being here rather than waiting for a better opportunity. Patty Cookshared a letter that was sent to Chief Moszkowicz, Mayor Alameda, Council Chair Inaba, and council members. She expressed community concerns about public safety and the role of police, particularly regarding immigration enforcement. She stated that the Police Department is underfunded, understaffed, and not adequately trained for immigration matters, which she believes is not their role. APPROVAL OF THE MINUTES Vice Chair Bertsch motioned to approvethe regularand executivesession minutes for May 16, 2025,seconded by Commissioner Buckman,with no discussion,it carried unanimously, and the minutes were approved. Regular Session Minutes June 20,2025 Page 2 POLICE CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Items from the Chief’s written reports were highlighted: Crime Report: Major Scott Amaralreported5,419 serious crimes through May 31, 2025. Area I and Area II criminal investigation units investigated 718 of these serious crimes, with 476 in Area I and 242 in Area II. Calls for Service: For May 2025, the departmentreceived10,522 calls for service, with a fiscal year-to-date total of 111,007. Traffic Report: Major Shopay reported that as of June 9, 2025, trafficfatalities decreased slightly year-to-date (22 compared to 23 last year). DUI fatalities decreased (7 compared to 13). DUI arrests increased for this month compared to the previous month (88compared to 65), a 35% increase. A total of 5,507 traffic citations were issued in May, including 3,876for moving/regulatory, 334for seat belt violations, 18for child restraint violations, and 1,137for speeding. Commissioner Tavares arrived at 9:17 a.m. Personnel Report:Major Evangelista reportedthat as of May 31, 2025, there were 92 sworn vacancies. After accounting for 12 recruits from the 101st class, five from the 102nd class, and five from the 103rd class, the department currently has 70 net vacancies. Currently, there are 25positions filled and 13vacant for police communication officers,with threenew hires effective June 16.There are four supervising police communication officer positions filled, with one vacancy. Overall, the department has filled 423of 493 sworn positions (86%) and 120 of 160 civilian positions (75%). Major Evangelistaprovided an update on recruitment activities, recruit classes, and ongoing recruitment efforts. Finance: Major Evangelistareported that HPD's overall expenditure target was 86.25%, with the actual expenditure at 87.01%.The target salaries and wages were95.83%, with the actual at 96.63%. Regularsalaries and wages were at 83.10%, overtime salaries and wages at 329.20%, and miscellaneous salaries and wages at 171.30%. The department expects to be within budget by year-end. Commendations:Assistant Chief Birdreportedfour commendations involving four personnelwere receivedsince the last commission meeting in recognition of outstanding services. She also shared several recognitions: Officer Makena Nahooikaika was named the AprilOfficer of the Monthby the Aloha Exchange Club of , andOfficer Joseph “Kaipo” Stender was named the Kona Crime Prevention Committee’s Officer of the Month. Regular Session Minutes June 20,2025 Page 3 Other Department Activities & Updates: AC Bird reported a fugitive arrest in an officer- involved shooting.On June 4, Kona officers responded to multiple incidents in the Captain Cook area involving a suspect later identified as Junson Heckerz. The series of events included vehicle theft, attempted vehicle theft, trespassing, and burglary. During the encounter, Heckerz attempted to flee in a stolen vehicle, nearly striking an officer, which led to an officer-involved firearm discharge. The suspect was not injured, was taken into custody, and charged with multiple felonies. His initial bail of $293,000 was later reduced to $5,000 by the court. No injuries were reported, and the involved officer is on administrative leave until he is mentally, physically, and emotionally ready to return to work. An investigationwas initiated after reports of unauthorized parking enforcement devices (“barnacles”) placed on vehicles at the top of Naponear the Ka‘awaloa Trailhead. The devices were used on public property where no parking restrictions were posted. Cedeno Perez was identified as the individual responsible and was arrested on May 27. He was charged with fraud, theft, and criminal tampering. and elementary school graduates of the DARE program. Events included opening remarks by Captain Roy Valera, educational demonstrations involving HPD, HFD, and the Special Response Team, and concluded with fun activities such as waterslides, games, and swimming. The annual Trek the Trail event was held on May 10, 2025, at the Afook-Chinen Civic Auditorium, promoting health, fitness, and bicycle safety. Participants followed a course through Wailoa State Park, with HPD Bike Patrol Officers ensuring safety. The event featured live music, vendors, food trucks, a bike safety course for kids, and Keiki ID cards provided by HPD. HPD commemorated National Police Week from May 11–17 with ceremonies held in families. Appreciation was expressed to the commissioners who attended. Eleven recruits from the 101st Police Recruit Class graduated on May 15, 2025, and are now serving as solo officers in various districts. The ceremonyin Hiloincluded badge pinning by loved ones. HPD held a promotion ceremony on May 8, 2025, in Kona Council Chambers, recognizing 22 personnel promoted to lieutenant, sergeant, detective, and POIII. Promotions took effect May 16. This was the department’s fourth promotion ceremony, with locations alternating between East and West Regular Session Minutes June 20,2025 Page 4 AC Bird reported that HPD plans to launch a new program called “Versaterm”at the end of July and would like to provide a presentation to the commission at the next meeting. The program will enhance communication with victims by sending automated text updates regarding officer response, report numbers, case status, and investigator information. Vice Chair Bertsch noted that the current monthly reportdoes not reflect the significant work being done by the Vice Section, including notable seizures and arrests. He acknowledged thatregardingnarcotics enforcement.For the commission to fulfill its oversight responsibilities, he emphasized the need for greater transparency regarding the unit’s activities. He suggested this could be included in the crimereport or presented separately, possibly by the Deputy Chief, and encouraged staff to consider how best to incorporate this information into future reports. There wasdiscussion regarding concerns about bail and the judicial system. Chair Robinson expressed frustration over repeat offenders being released on lowered bail and the resulting risk to the community. Vice Chair Bertsch raised the idea of the commission sending a letter to the judiciary to express concern and request oversight. DCCSalas- Ferguson advised that may fall outside the commission’s authority, which is limited to oversight of the Police Department. While there was discussion about simply voicing an opinion, DCC Salas-Ferguson cautioned that any formal communication from the commission may still exceed its scope;he agreed to look further into the matter. UNFINISHEDBUSINESS Police Commission's Permitted Interaction Group (PIG) on Rules of Practice and Procedure Amendments: The PIG's findings and recommendations are still in process and will be deferred. NEW BUSINESS Correspondence No. 25-13: Invitation to 69th Annual HSLEOA Conference: Chair Robinson noted that the conference will be in Waikiki from September 3-5. Commissioners Robinson,Botelho,Bertsch, and Enriquezexpressed their intention to attend. NEW BUSINESS Discussion regarding the 2026 State of Hawai'i Police Commissioners' Conference: The Hawai‘i County Police Commission will host the 2026 conference. Commissioner Tavares inquired about the host commission's responsibilities. Vice Chair Bertsch explained that the commission secretary handles all logistics, including venue selection, vendor coordination, invitations, welcome bags, and organizing the theme and speakers.He further noted that while it’s not a heavy lift, it does place a significant burden on the secretary. Typically, a commissioner is designated to assist and help manage the planning process. Regular Session Minutes June 20,2025 Page 5 NEW BUSINESS Discussion regarding Chief Moszkowicz's Resignation and Withdrawal: The Commission discussed the June 2, 2025, press release from Mayor Blangiardi recommending Chief Moszkowicz serve as interim HPD Chief, and Chief Moszkowicz's subsequent resignation and withdrawalof resignation. Chair Robinson reported that the Honolulu Police Commission appointed Deputy Chief Vanic as interim chief, followingthe succession plan. DCC Salas-Ferguson noted that he had spoken with some commissioners regarding the scope of their authority. He added that if anyone had legal questions or was seeking legal advice, now would be an appropriate time to move into executive session. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Commissioner Tavaresmotioned to meet inexecutive session to 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)(4) and the Hawaii County Charter Section 13-20 (b).Seconded by Vice Chair Bertsch, who explained that they intended to meet briefly in executive session, then return to open session to allow for public testimony, emphasizing the importance of transparency and the need for the community to understand the commission’s decision-making process. They noted that a clear understanding of the legal parameters was necessary, as the discussion involved employment matters related to the chief.The motionpassedunanimously. Executive session convened at 9:58 a.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Botelhowith no discussion, and it carried unanimously. The regular session reconvened at 10:39 a.m. Chair Robinson announced that during executive session, the commission consulted with Corporation Counsel regarding its rules, authority, and legal options in light of Chief Moszkowicz’s resignation and subsequent attempt to rescind it. He then opened the floor for discussion. Vice ChairBertsch acknowledged the complexity of the situation, noting that the commission’s rules, the chief’s correspondence, and media attention all contribute to the challenges. He emphasized the potential impact on the department’s morale and the importance ofthe chief’s commitment to the role. Bertsch pointed out that the commission is navigating new territory and now faces a critical question: whether to accept or reject the chief’s attempt to withdraw his resignation. He referenced two documents,one received on the morning of June 4 stating the chief’s intent to resign effective July 15, and another received later that same day requesting to rescind that resignation. As the commission has hiring and firing authority over the chief, Bertsch stated that this decision must be carefully considered in accordance with their established guidelines. Regular Session Minutes June 20,2025 Page 6 Commissioner Tavares acknowledged that the commission faces an important decision, one that involves both procedural considerations and broader concerns about leadership and commitment. He expressed appreciation for Chief Moszkowicz’s performance but noted that the chief submitted his resignation to pursue the interim chief position with the Honolulu Police Department. After rescinding his resignation and not being selected for that position, the chief has since indicated his intention to apply for the permanent chief position.While Tavares stated he respects anyone’s right to pursue career opportunities, he emphasized the commission’s duty to ensure stability, continuity, and commitment to ,not Honolulu. He expressed concern that the chief’s recent actions may have caused disruption within the department and raised valid questions about his long- term intentions. Tavares stressed that the community deservesclarity and strong, focused police chief is not a stepping stone and that his remarks are not a critique of ambition, but a reaffirmation of the commission’s obligation to uphold public trust and support the department’s future. Commissioner Yamada voiced agreement. Commissioner Bertsch shared that his main uncertainty stems from having watched the Honolulu Police Commission’s public interview process, during which Chief Moszkowicz stated that if selected as interim chief, he would apply for the permanent position. Given that he was not selected, Bertsch emphasized the need for this commission to understand the chief’s current intentions.He expressed disappointment that Chief Moszkowicz was not present at the meeting but clarified that the chief had informed the commission in advance, beforeany of these developments,that he would be unable to attend and had even requested the meeting be rescheduled. Due to the public interest surrounding the situation, the commission felt it was necessary to proceed as scheduled.Bertsch stressed that out of respect for the role of chief and Moszkowicz’s service, the commission should allow himto speak directly to the matter. He believes the commission should question the chief about his attempted rescission of resignation and do so in open session, not executive session, unless legal guidance suggests otherwise. Chair Robinson agreed. Commissioner Botelho emphasized the importance ofcharacter and ethics in decision- making, noting that who we are, shaped by our life experiences,directly influences how we lead and serve, whether in a professional role or as a volunteer. She shared that herown background and experiences inform the perspective she brings to the commission, just as they do for herfellow commissioners.Shestressed that ethics, particularly what one does when no one is watching, are critical. She expressed concern that discussions had taken place with another county,referring to the chief’s interest in the Honolulu position,without the knowledge of the full commission. This lack of transparency, she suggested, was significant and troubling. Botelho also emphasizedthe importance of public safety, especially protecting kupuna, citing a recent report about a 72-year-old individual injured in Kona. She questioned what kind of message the current situation sends to department employees and the broader community, especially those who look to the chief for leadership. Acknowledging the high Regular Session Minutes June 20,2025 Page 7 expectations placed on the position of police chief, she concluded by stating that she is not in a good place with how things have unfolded. Chair Robinson asked for a motion. Commissioner Tavares inquired whether there was any public testimony on the matter, noting it would be beneficial to hear from the public first. No testimony was provided. Commissioner Tavares then moved that the commission reject Chief Moszkowicz’s rescission of his resignation. Chair Robinson asked for clarification, confirming that the motion was to reject without further discussion with the chief. Commissioner Tavares affirmed. The motion was seconded by Commissioner Botelho.Discussion: Vice Chair Bertsch expressed that he believed the chief should be given the opportunity to address the commission before any decision is made. As such, he stated he would be voting no. With no further discussion, Ms. Correa conducted a roll call vote on the motion to reject the rescission: Aye–Commissioners Yamada, Tavares, Enriquez, Botelho Nay –Commissioners Buckman, Bertsch, Robinson Chair Robinson announced that the motion failed. Vice Chair Bertsch clarified that although there were four votes in favor and three opposed, five affirmative votes are required for the motion to pass. Vice Chair Bertsch then moved that the commission hold a special meeting, at a date to be determined based on venue availability, to allow Chief Moszkowicz the opportunity to address the commission in an open session. The purpose of the meeting will be to hear the chief’s response to commission concerns and to consider whether to accept or deny his rescission of resignation. The motion was seconded by Commissioner Buckman. There was no further discussion. Ms. Correa conducted a roll call voteto hold a special meeting: Aye–Commissioners Yamada, Tavares, Enriquez, Buckman, Botelho, Bertsch, Robinson Chair Robinson clarified that the special meeting will be held in either East or West public testimony. The chief will be invited to present his reasoning, and the commission will vote on the matter at that meeting. He also noted the intent is to hold the meeting before July 15, the resignation date originally stated by the chief. The motion passed unanimously. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Vice Chair Bertsch motioned to meet inexecutive session to consider charges against officers or employees of the Police Department, where matters affecting privacy will be Regular Session Minutes June 20,2025 Page 8 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 11:02 a.m. The regular session reconvened at 3:29p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: o HPC 24-42: Complainant alleges violation of the collective bargaining agreement and prohibited practices (cont. from 1/24/25). Commissioner Yamada motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Botelho, with no discussion, the motion carried unanimously. o HPC 25-02: Complainant is unsatisfied with the investigation into her complaint (cont. from 2/21/25).Commissioner Tavares motioned that there was insufficient evidenceto prove the complainant’s allegations of misconduct. Seconded by Commissioner Enriquez. Commissioner Buckman noted for discussion that people assume the commission can do a lot more than they’re capable of doing. With no further discussion, the motion carried unanimously. o HPC 25-12: Complainant is unsatisfied with the officer’s report, alleging misclassification (cont. from 2/21/25).Commissioner Yamada made a motion that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Tavares, with no further discussion, the motion carried unanimously. o HPC 25-13: Complainant is unsatisfied with the investigation of his traffic accident. Commissioner Buckman made a motion that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Yamada, with no further discussion, the motion carried unanimously. o HPC 25-14: Complainant alleges an officer was disrespectful and used unprofessional language. Commissioner Yamada made a motion to decline, as there was insufficient evidence to prove the complainant’s allegations of misconduct. And also note that the officer was off duty. Seconded by Commissioner Tavares, with no discussion, the motion carried unanimously. o HPC 25-15, 25-16, 25-17: Complainant alleges he was erroneously arrested. Commissioner Yamada made a motion that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Buckman, with no further discussion, the motion carried unanimously. Regular Session Minutes June 20,2025 Page 9 o HPC 25-18: Complainant alleges officers trespassed on their property, were disrespectful, and used unprofessional language. Commissioner Tavares made a motion that there was sufficient evidence to refer to the chief for further investigation. Seconded by Commissioner Yamada, with no further discussion, the motion carried unanimously. o HPC 25-19: Complainant alleges that the officer conducted a biased investigation, resulting in a wrongful arrest. Commissioner Yamada made a motion to decline under Rule 6(4), the identical allegations of the complaint are being or will soon be litigated in a criminal action. DCC Salas-Ferguson referenced the initial screening process and noted the complaint regarding the video. He advisedthat the commission could address that aspect,determine if there is sufficient evidence, but the broader matters fall under the criminal investigation. If the commission finds sufficient evidence, it would only beregarding thatnarrow part of the complaint. Commissioner Yamada motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Botelho, Chair Robinson stated they will note in the letter that the other allegations contained in the complaint are being investigated as part of the criminal litigation. With no further discussion, the motion carried unanimously. o HPC 25-20: Complainant alleges an officer was conducting speed enforcement on private property, and the supervisor on duty refused to take his complaint. Commissioner Yamada motioned that there was insufficient evidence to prove the complainant’sallegations of misconduct. Seconded by Commissioner Enriquez, with no further discussion, the motion carried unanimously. o HPC 25-21: Complainant alleges the officer uses his position to benefit family members.Commissioner Tavares made a motion to refer to the chief for customer service concerns. Seconded by Commissioner Botelho, Commissioner Buckman addedthat the customer serviceconcernis regarding the acceptance of her evidence that she has been trying to submit. With no further discussion, the motion carried unanimously. o HPC 25-22: Complainant alleges the officer did not initiate a report and failed to protect her. Commissioner Enriquez motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Yamada, with no further discussion, the motion carried unanimously. o Complaints in the non-acceptance category:HPC 25-24, HPC 25-25, HPC 25-26. CommissionerYamada motioned to sustain the chair’s decision, seconded by Commissioner Tavares, with no discussion;the motion carried unanimously. Regular Session Minutes June 20,2025 Page 10 Request for representation by Corporation Counsel: o Correspondence No. 25- No. 25-0000008. Commissioner Tavares motion to approve legal representation. Seconded by Commissioner Buckman, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR THE NEXT MEETING: Commissioner Tavares suggested adding a discussion with the chief regarding HPD policies and proceduresaroundconflicts of interest, specifically involving family members. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, July 18, 2025, at9:00 a.m. at the West Hawaii Civic Center, Council Chambers,74-5044 Ane Keohokalole Highway, Kailua-Kona. The commission discussed scheduling the special meeting where Chief Moszkowicz will have the opportunity to address the commission. Since the motion to reject his withdrawal of resignation did not pass, the commission must now decide whether to accept it. DCC Salas-Ferguson clarified that if the withdrawal is not accepted, the chief’s last day would be July 16. ADJOURNMENT The meeting adjourned at 3:57p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR