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HomeMy WebLinkAbout2025-07-10 Police Commission Regular Minutes HAWAII POLICE COMMISSION SPECIAL MEETING MINUTES JULY 10, 2025 25 AUPUNI ST., SUITE 1401, HILO, HI CALL TO ORDERAND ROLLCALL Chair Robinsoncalled the meeting to order at 10:01a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Wendy Botelho, Commissioner Arthur Buckman, Commissioner Lloyd Enriquez, Commissioner Eileen Lacerte, Commissioner Jacob Tavares, Commissioner Greg Yamada, Commissioner A quorum was present. Also present:Benjamin Moszkowicz, Police Chief Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary CHAIR’S OPENING STATEMENT Chair Robinson noted the receipt of numerous written testimonies, many of which concerned cooperation with U.S. Immigration and Customs Enforcement (ICE), and reminded the public that the topic had been addressed at the May 16 meeting. He requested that testimony remain focused on the agenda itemsand be limited to five minutes. STATEMENTS FROM THE PUBLIC ONAGENDA ITEMS CC Melendez with HPD supported retaining Chief Moszkowicz, disagreeing with prior testimonygiven by Detective Leeand a letter from the SHOPO Chairman, which he said did not reflect the views of most officers, and they actedwithout member input. He described the chief as genuine, accountable, and committed. Melendez highlighted improvements under the chief’s leadership, including fairer promotions, better assignments, enhanced operations, stronger public communication, and efforts to modernize the department. Pudding Lassiter, former Police Commissioner,provided testimony in support of Chief Moszkowicz. She described him as warm, experienced, and committed to both the department and the community. She shared a personal anecdote about inviting him to ride horseback in the Merrie Monarch Parade, noting his willingness to take riding lessons in his free time despite having no prior experience. She praised his humility, dedication, and willingness to step outside his comfort zone, stating that she is proud to know him as both a leader and someone who genuinely cares about those he serves Monica Suddarth expressed support for allowing Chief Moszkowicz to withdraw his resignation, noting positive community feedback about his leadership and sharing her own Special Meeting Minutes July 10, 2025 Page 2 experience of resigningfrom a job;her new job didn’t work out, and luckily, she was able to return to her previous employer.She added that we all make mistakes, and she asked that the commission consider accepting the chief’srequest to withdrawhis resignation. Roger Christiestated he initially supported Chief Moszkowicz but no longer does, now backing the commission’s decision to accept the chief’s resignation. He cited broader concerns about government actions, including prohibition and marijuana eradication, which he believes have harmed the community. He also called for the resignation of commissioners due to their prior decision to dismiss his complaint. Christina Holt shared a report on behalf of residents unable or unwilling to testify, urging the commission to consider the long-term consequences of selecting public safety leadership that cooperates with ICE, which she said fails to protect the rights of the most vulnerable. Chair Robinson asked whether her testimony pertained to the chief or to immigration, reminding her to keep comments focused on the agenda item. She clarified that her testimony addressed the consequences of Chief Moszkowicz’s cooperation with ICE and its impact on the community, further discussing civil rights, community trust, public safety, and actions by ICE and HSI. Vice Chair Bertsch acknowledged the public’s testimony and assured their concerns were heard,but reminded attendees that the commission must follow the Sunshine Law and the meeting agenda. Chair Robinson noted the issue had been on the agenda in May and expressed surprise at the larger turnout now. Commissioner Lacerete emphasized that while the commission reads all correspondence and values input, state and federal laws limit what the chief can control. The commissioners indicated they are open to a future session dedicated to this topic. Kencho Gurung urged the commission to accept Chief Moszkowicz’s resignation, stating his cooperation with ICE has caused significant harm and disqualifies him from remaining in the position. She called for a public review of HPD’s role in ICE operations, the creation of written protocols, and an end to obstruction of community advocates, emphasizing that true public safety begins with defending community members. Chair Robinson explained thatthe commission may limit repetitive testimony. He encouraged speakers to keep comments concise if they repeat points already made, noting that testimony on ICE would be more meaningful at a future meeting dedicated to that topic. He emphasized the need to stay focused on the current agenda to ensure all business is addressed efficiently. Mago Aubrey supported Chief Moszkowicz’s resignation, urging empathy for families impacted by separation and stressing the importance of repeated testimony to ensure the community’s concerns are heard and considered. Special Meeting Minutes July 10, 2025 Page 3 Deirdre Roney urged the commission to accept Chief Moszkowicz’s resignation, stating his cooperation with ICE makes him unfit to serve. She accused him of misleading the County Council about the ICE MOU, argued that such partnerships harm the community and risk civil liability, and called for leadership that prioritizes local safety over federal immigration enforcement. Terry McDonald shared positive personal experiences with HPD officers and, speaking for Indivisible, echoed concerns about increased federal law enforcement funding and a planned ICE training facility on Oahu. He urged the commission to revisit community expectations for the police chief,given recent developments, noting the importance of leadership stability during this time. Officer Sean Phelan, bers in opposing Chief Moszkowicz’s request to rescind his resignation. He stated the chief’s actions reflected a deliberate plan to leave for Honolulu, breaking trust with officers and undermining his ability to lead. Phelan emphasized that SHOPO members no longer have confidence in the chief’s commitment to the department. Robert Cavaco, president of SHOPO and lieutenant with the Honolulu Police Department, provided testimony Chapter leader the importance of strong leadership in law enforcement and urged the commission to take the concerns raised by SHOPO membersseriously. Cavaco stated that officers feel the direct impact of leadership decisions,and stated that they will be who you rely on most to move the department forward. Gabriel Malani with SHOPOprovided testimony expressinghis opposition to Chief Moszkowicz, citing concerns over unfair disciplinary practices and inconsistent leadership, urging the commission not to allow his return. He also referenced prior complaints submitted to the commission and called for them to listen to officers and take action while they still have the opportunity. Mark Arnold with SHOPOprovided testimony in support of accepting the chief’s resignation. He stated that he echoed the comments made by Mr. Malani and described the situation as unfortunate. However, he felt the chief’s actions created a situation too difficult to recover from, and it would be in the best interest of the county, the department, and the community to allow the resignation to stand. He urged the commission to accept the resignation and move forward. Patti Cook, a community volunteer from Waimea, urged the commission not to rescind Chief Moszkowicz’s resignation, citing concerns about trust, integrity, leadership, and accountability. She referenced historical lessons on speaking out against injustice and emphasized preserving public trust. Special Meeting Minutes July 10, 2025 Page 4 Michelle Chavez-Pardiniprovided testimony in full support of Ms. Cook’s comments and urged the commission to deny the chief’s request to rescind his resignation. She emphasized the importance of maintaining community trust and ensuring all residents, regardless of immigration status,feel safe. She expressed concern over the department’s cooperation with federal immigration agencies, stating it promotes fear and negative outcomes. Chavez-Pardini also voiced support for rescinding the county’s MOUs with these agencies and called on public officials to uphold human dignity, safety, and the rule of law. Janet Teare provided testimony urging the commission to deny Chief Moszkowicz’s request to rescind his resignation. Representing Ind Action Committee, she expressed concern over the chief’s interest in establishing MOUs with federal agencies. While she believed his intentions may have been good, she warned that ties to Homeland Security could lead to overreach and harm the community. Teare emphasized the need to sever connections with such agencies to prevent federal intrusion. Retired Judge David Wiseman provided testimony urging the commission to consider the broader implications of the chief’s request to rescind his resignation. He highlighted national concerns over expanding federal detention centers and their potential impact on local communities. He emphasized that a resignation can affect staff morale, create uncertainty, and open the door tonew, qualified applicants. He also questioned whether the chief’s action constitutes a withdrawal or a rescission and whether the commission has the authority to approve it. Wiseman referenced Rule 2(e) of the commission’s duties regarding police-community relations and raised concerns about the department’s involvement with ICE, noting it represents the first federal police force in the country. Antu Harvey, a resident of Holualoa and executive director of a local historical society, provided testimony urging the commission to consider the broader historical and cultural context when evaluating the chief’s request to rescind his resignation. She emphasized the importance of understanding intergenerational trauma and the need to build and maintain trust with the community. Harvey expressed concern that the chief’s policies and public statements have eroded that trust, impacting both community relationships and local businesses. Shequestioned the chief’s judgment in resigning without a firm offer and then seeking to return, stating the community deserves better. Barbara Dalton, Chief Moszkowicz to rescind his resignation, emphasizing accountability, maintaining public trust, and preserving the integrity of the police chief selection process. She acknowledged the chief’s potential for future success despite the current situation. Recess was called at 11:22 a.m., and the meeting reconvened at 11:35 a.m. Special Meeting Minutes July 10, 2025 Page 5 NEW BUSINESS Police Chief Benjamin Moszkowicz's Request to Withdraw His Resignation:Chief Moszkowicz provided a statement detailing the timeline of his decision to seek an interim Police Department, and his immediate request to withdraw that resignation. He expressed deep regret for his actions, apologized for the disruption and confusion caused, and reaffirmed his commitment to the Big Island community and the department. He highlighted the department's accomplishments during his tenure and pledged to work to earn back the trust of the commission, the department, and the public.He concluded by reaffirming his long- employment elsewhere and is dedicated to continuing his service as chief, asking for the commission’s trust and the opportunity to continue leading the department. Commissioners questioned the chiefon several points, such asthebreach of trust with the department and the community.The impact of his actions on departmental morale,the perception that his was a "stepping stone," and h EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Vice Chair Bertsch motioned to meet inexecutive session Statutes, Section 92-5(a)(2) and/or (4), to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved and/or to consult with the commission’s attorney on questions and issues pertaining to the commission’s powers, duties, privileges, immunities, and liabilities. Seconded by Commissioner Lacerte, with no discussion, itcarried unanimously. Executive session convened at 12:18 p.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Tavares,with no discussion, and it carried unanimously. The regular session reconvened at 12:50 p.m. Recess was called at 12:50 p.m., and the meeting reconvened at 12:57 p.m. Chair Robinson announced that in executive session, the commission consulted with counsel for clarification on specific questions. He then opened the floor for discussion or a motion regarding Chief Moszkowicz’s request to withdraw his resignation. Commissioner Botelho stated that each commissioner’s responsibility is to represent the residents of their district and understand their concerns. She emphasized the importance of listening to all constituents,officers, those experiencing homelessness, working families, and everyone in between,and affirmed that she approaches her role without a personal agenda. Special Meeting Minutes July 10, 2025 Page 6 Chair Robinson called for a motion to open further discussion on the matter before the commission today. Vice Chair Bertsch made a motion to approve Chief Moszkowicz’s request to withdraw his resignation, seconded by Commissioner Yamada. Discussion: Commissioner Buckman noted that prior to recent events, there were no concerns about the chief’s performance reaching the level of termination. He stated the commission should consider whether they expect the chief’s performance to continue at the same or higher level moving forward and weigh this expectation in their decision. Commissioner Enriquez stated that the focus of the meeting is not to evaluate the chief’s job performance, but to consider whether to approve his request to withdraw his resignation. Commissioner Lacerte noted that she has not heard directly from police officers and expressed interest in understanding the views of the men and women serving under the chief, as she has mainly heard from community members and the union. Commissioner Tavares agreed with Commissioner Enriquez, stating that any prior concerns about the chief’s ability to perform his duties would have already been addressed. He noted that thefocus is on the past six weeks, particularly the two weeksin question, and emphasized that the commission must consider whether trust can be rebuilt within the community when deciding on the chief’s request to rescind his resignation. Vice Chair Bertschrequested clarification on the meaning of yes and no votes for the motion. DCC Salas-Ferguson explained that a “yes” vote approves the chief’s request to withdraw his resignation, allowing him to remain in his position after the 15th, while a “no” vote means the resignation stands and the 15th will be his final day. Ms. Correa called the roll call vote: Yes: Commissioners Buckman, Lacerte, Bertsch, Robinson No: Commissioners Botelho, Enriquez, Tavares, Yamada Result: Chair Robinson announced that the vote was tied 4-4, so the motion did not carry, and Chief Moszkowicz’s resignation stands. He apologized to the chief, who then requested an opportunity to address the commission. Chief Moszkowicz expressed regret for anyconfusion or pain he causedthe department and commission.He explained that going into this meeting, he didn’t submit retirement paperwork. He’snot eligible to collect retirement benefits until September. He asked that, if the commission does not accept his withdrawal of resignation,he beallowed tocontinue until the end of August and as of July 16, he has ample vacation leave that will get paid Special Meeting Minutes July 10, 2025 Page 7 back out to him anyway, but that would allow him to complete the requiredretirement paperwork and continue to provide for his family when he reaches his 25-yearmark. Chair Robinson asked whether the matter should be placed on the next meeting agenda. DCC Salas-Ferguson suggested a recess and confirmed with Chief Moszkowicz that his request was to remain as chief until the end of August. The chief stated this was correct and added that if the commission prefers he not make decisions after July16, he is willing to take leave until the end of August, with his successor assuming the role on July 16, if desired by the commission. Commissioner Tavares asked the chief to clarify his reasoning. Chief Moszkowicz explained that under the Employee Retirement System, retirement paperwork must be submitted by the first of the month in which benefits are to begin. While he could submit paperwork now, the earliest he could start collecting benefits is September 1. He is not eligible to retire before the endof August. If the commission prefers, he is willing to step aside from July 16, allowing an acting chief to lead the department, and would return only on the last day of August to turn inhis equipment. Vice Chair Bertsch asked counsel whether the commission could accept the chief’s resignation but extend his time in office until August 31. DCC Salas-Ferguson suggested taking a brief recess. Recess was called at 1:11 p.m., and the meeting reconvened at 1:44p.m. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Vice Chair Bertsch motioned to meet inexecutive session Statutes, Section 92-5(a)(2) and/or (4), to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer oremployee, where consideration of matters affecting privacy will be involved and to consult with the commission’s attorney on questions and issues pertaining to the commission’s powers, duties, privileges, immunities, and liabilities. Seconded by Commissioner Tavares, with no discussion, it carried unanimously. Executive session convened at 1:45 p.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Botelho, with no discussion, and it carried unanimously. The regular session reconvened at 1:58 p.m. Chair Robinson asked if there were any public comments regarding Chief Moszkowicz’s request to extend his resignation date to August 31. Hearing none, he called for a motion. Commissioner Tavares made a motion to amend Chief Moszkowicz’s resignation date to August 31, 2025, seconded by Commissioner Botelho. Vice Chair Bertsch confirmed the date would be the close of business on the 31st. There was no further discussion, and the motion carried unanimously. Special Meeting Minutes July 10, 2025 Page 8 AGENDA ITEMS FOR NEXTMEETING The commission discussed potential agenda items for the next meeting. Vice Chair Bertsch requested that concerns regarding missing persons on the Big Island be placed on the agenda and asked the secretary to contact department leadership for a report and status update. Commissioner Tavares requested that the selection of a temporary chief, until the permanent chief is appointed, also be included on the agenda. There was adiscussion regarding the department’s succession plan. DCC Salas-Ferguson clarified that, under Police Commission Rules, until a temporary chief is named by the commission, the acting chief is determined by the department’s line of succession and will perform the duties of chief of police. Commissioner Lacerte raised concerns about officers not returning public phone calls and suggested discussing procedures to address this. It was noted that department personnel will provide a presentation on SPIDR Tech, anew software designed to address this issue, at the next meeting. Commissioner Lacerte agreed that no additional agenda item was needed, as the presentation will cover the matter. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, July 18, 2025, at9:00 a.m. at , Council Chambers,in Kailua-Kona. ADJOURNMENT The meeting adjourned at2:08p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR