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HomeMy WebLinkAbout2025-08-22 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES AUGUST 22, 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 Wendy Botelho, Commissioner Arthur Buckman, Commissioner Lloyd Enriquez, Commissioner Bernadette Urban-Smith Absent:John Bertsch, Vice Chair Eileen Lacerte, Commissioner Jacob Tavares, Commissioner Greg Yamada, Commissioner A quorum was present. Also present:Reed Mahuna, Acting Police Chief Sherry Bird, Assistant Chief Scott Amaral, Major Thomas Shopay, Major Tuck Loy Aurello, Captain EdwinBuyten, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary APPROVAL OF THE MINUTES Commissioner Buckmanmotioned to approvethe regularand executivesession minutes forJune 20, 2025, and July 10, 2025,seconded by Commissioner Botelho. With no discussion, the motioncarried 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 Scott Amaralreported461serious crimes through July 31, 2025. Area I and Area II criminal investigation units investigated 111of these serious crimes, with 89in Area I and 22in Area II. Calls for Service: For July2025, the departmentreceived 10,268calls for service. Regular Session Minutes August 22,2025 Page 2 Traffic Report: Major Thomas Shopay reported that as of August 13, 2025,traffic crashes for the fiscal year to date were82 compared to 70 for the previous fiscal year. DUI arrests totaled 74, down from 83 last fiscal year, but up 7% from June (69) to July (74). Island-wide traffic citations included 3,677 moving/regulatory, 362seatbelt, 19 child restraint, and 1,107 speeding, for a total of 5,428 citations issued during the reporting period. Commissioner Buckman noted a concerning rise in traffic fatalities on Oahu. There was further discussion regardingaccidents and safety issues related to e-bikes,safety requirements,as well as ongoing education and media campaigns. Vice Report:Captain Edwin Buyten of the Vice Narcotics Division reported that in July 2025, the division executed more than 50 search warrants, resulting in 38 felony arrests and a total of 131 offenses. Seized items included over four pounds of methamphetamine, five grams of cocaine, a quarter pound of black tar heroin, one gram of fentanyl, 500 fentanyl pills, seven pounds of processed marijuana, three grams of MDMA (Molly), nine grams of psilocybin, 12 LSD pills, 3.2 grams of ketamine, and approximately 152 illegal or seized prescription pills. The report led to adiscussiononthe dangersassociated with fentanyl and other illicit drugs in the community. Personnel Report:Assistant Chief Sherry Birdreportedthat as of July31, 2025, there nd were 86sworn vacanciesin the field. After accounting for 5recruits from the 102 rdth recruitclass, fourfrom the 103recruitclass, and 15 from the 104recruit class, the department currently has 62 actual positions unfilled. Currently, there are 23positions filled and 16vacant for police communication officers, and four supervising police communication officer positions filled, with one vacancy. Overall, the department has filled 431of 493 sworn positions (87%) and 117of 161 civilian positions (73%). AC Birdprovided an update on recruitment activities, recruit classes, and ongoing recruitment efforts. Finance: AC Birdreported that as of July 31, 2025, HPD'soverall expenditure target was 12.50%, with the actual expenditure at 12.93%.Regularsalaries and wages were at 11.01%, overtime salaries and wages at 46.97%, and miscellaneous salaries and wages at 17.48%. Other Department Activities:Acting Chief Mahuna commended West Hawai'i detectives for their teamwork with Arizona authorities in the first-ever Turquoise Alert, which resulted in the safe recovery of a missing child in just five hours. He also highlighted Regular Session Minutes August 22,2025 Page 3 the department's 32nd year participating in Relay for Life, raising over $4,200. An MOU was signed with UH Hilo to establish a new cohort program that helps officers across the state earn a four-year degree in a supportive group environment. The program is designed to ease concerns about returning toschool after time away. Currently, 10-11 Department sponsored the Second Annual NALEO Youth Media Challenge, where students created videos on public safety. A short film about child abusewon Best in Show in the Trailblazer Division. Kona’s Mikey Evans won Best Short Film in the Emerging Creators Division for a piece on pulling over for first responders; he also earned recognition in 2024 for his Text to 911 PSA. The department looks forward to participating again next year. Commendations and Awards:Acting Chief Mahuna reported that numerous officers received Officer of the Month and other awards, including nominations, for exceptional work. This work involved solving complexfinancial crimes, de-escalating a crisis with a suicidal individual, saving the life of a three-month-old baby through CPR, recovering stolen property, and locating suspects. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Roger Christie emphasizedunity, love for the island, and respect for the Constitution. He shared hopes for the next chief, including greater transparency, posting the oath of office online, and addressing public concerns such as global influences, 5Gdangers, digital currencyslavery, andpotential dangers of REAL ID. He called for acknowledgmentand an apologyforpast marijuana enforcement. Hehighlighted issues of homelessness and healthcare shortages, and urged the commission to select a chief who can help heal and strengthen the island. SamGuckenheimer, on behalf of Kona Indivisible,requested that the commission ask specific questions of police chief candidates regarding agreements with DHS and ICE, including whether candidates would rescind existing MOUs,avoid new agreements,and ensure compliance with state and county laws. He also asked that candidates state their policies on officer training and cooperation with ICE, and that their responses be made public as part of the selection process. Tina Marie Even provided oral testimony urging the commission to select a police chief who prioritizes community trust and protection. She raised concerns about ICE agents, describing fear, rights violations, and harm caused to families. She emphasized the need for a chief who ensures ICE officers are properly identified, upholds due process for all residents, prevents unlawful ICE activity, and safeguards the community from state- sanctioned violence. She stressedthat protecting civil liberties is essential and urged the commission to choose aleader committed to justice and accountability. Patty Cook supportedconcerns raised about immigration enforcement and stressedthe Regular Session Minutes August 22,2025 Page 4 urged prioritizing hiring local,, who can lead with aloha, integrity, and respect for diversity. Ruth Robisonemphasizedthe complexities faced by local police, including mental health, substance abuse, gun crimes, and domestic violence. She highlighted concerns about local law enforcement’s potential involvement in federal immigration enforcement under programs like 287(g) and memorandums of agreement with ICE, noting possible financial, legal, and public trust impacts. She urged the commission to include specific questions about immigration enforcement in the police chief selection process, ensure public candidate interviews (in-person and via Zoom), and seek transparency on candidates’ positions regardingICE, rescinding existing MOUs, and preventing new agreements. Patrice Belcherurgedthe commission to consider the principles of pono and aloha in selecting a new police chief. She expressed concern over ICE activities in the community, including masked agents, sometimeslacking warrants, and incidents affecting innocent people. She criticized existing MOUs and ICE funding arrangements as contrary to the values of the island. Belcher emphasized the importance of a chief who respects and protects the community, particularly families and children, and urged the commission to prioritize aloha and fairness in the selection process. Recess was called at 10:08 a.m., and the meeting reconvened at 10:30 a.m. NEW BUSINESS Presentation on Police Chief Selection Process:Sommer Tokihiro and Michelle Simmons from the Department of Human Resources provided an overview of the process used for the 2022 Police Chief recruitment. The process included advertising the position, screening applicants for minimum qualifications, and having candidates anonymously complete a detailed questionnaire. Commissioners then scored the anonymous responses to determine the finalists. The commission met in executive session to identifyfinalists to continue in the process. Once the finalists were selected, the Department of Human Resources “unmasked” their identities to the commission. At that point, all correspondence with the finalists transitioned from Human Resources to the Police Commission. With written consent, finalists’ names were made public; all other applicants remained confidential. The next step included a public testimony session, where the community was invited to provide input on the finalists. Finalists were notified in advance and asked to provide a brief introduction and answer questions in an open setting. The finalstep of the process was an in-person interview with the commission. It was noted that, during the 2022 recruitment, the Police Commission waived the one-year commission also discussed its Rules of Regular Session Minutes August 22,2025 Page 5 Practice and Procedure, including consideration of the residency requirement in the upcoming recruitment process. Commissioners Botelho and Enriquez expressed strong support for requiring the one-year residency requirement and not granting a waiver. Commissioner Botelho further suggested considering applicants with more than one year of residency and emphasized looking internally. Commissioner Enriquez highlighted the importance of selecting a candidate who understands the way of life and culture here. Commissioner Botelho agreed, noting the need for someone invested in the community. DCCSalas-Ferguson advised that the commission could continue discussion at the next meeting and enter executive session to review legal guidelines. He explained that, once the commission decides on recruitment dates, Human Resources can prepare the required newspaper notice, receive applications, and screen for minimum qualifications. HR could then anonymize applications by removing identifying information, if the commission chooses to maintain that practice. The commission would establish the questionnaire, which HR would distribute to applicants and then return to the commission for scoring and selection of top candidates. Salas-Ferguson noted he would prepare a draft outline for consideration at the next meeting. Commissioner Urban-Smith asked Human Resources if they identified any flaws in the 2022 recruitment process or areas for improvement. Ms. Simmons explained that she was not the HR manager at the time, but upon review, the process appeared to have gone well. Ms. Tokihiro added that she was not the director during the 2022 recruitment but also found that the process was effective, noting the value of anonymizing applications to ensure impartial review. They did not recommend any major changes. Commissioner Urban-Smith also inquired about advertising methods. Ms. Simmons stated that the position had been advertised in the newspaper and through NeoGov, their recruiting platform, which notifies individuals who select interest in police work. (SHOPO), which asked members what qualities they wanted in a police chief. While he noted such a survey could appear self-serving, he suggested the commission review it for potential questions to adopt, while balancing departmental input with community needs. Chair Robinson summarized that there are two separate considerations: (1) the process used to review, grade, and select the new police chief, and (2) the qualificationsand requirements the commission wishes to include, such as the residency requirement. He thanked Ms. Simmons and Ms. Tokihiro for their input and attendance. NEW BUSINESS Discussion and action regarding the posting and publishing of the notice of vacancy in the office of the chief of police, pursuant to Police Commission Rule 9(a):DCCSalas- Ferguson explained that the commission must post the notice of vacancy in the newspaper Regular Session Minutes August 22,2025 Page 6 for at least three weeks and determine the opening and closing dates for applications. HR also offered to assist with posting. Chair Robinson suggested appointing a commissioner to work with HR. The commission agreed to continue utilizing HR for a fair process, and Commissioner Botelho volunteered to serve as liaison. Action on posting the notice and finalizing the application and interview process was deferred to the next meeting. Salas-Ferguson noted the commission will also need to decide on desired leadership qualities, and Chair Robinson advised commissioners to be prepared fordiscussion at the next meeting. NEW BUSINESS Discussion and action regarding the commission’s application and interview process for the selection of the new Police Chief:DCCSalas-Ferguson described the Ka Commission’s process for selecting a new chief. Their HR department reviewed minimum qualifications, after which a Permitted Interaction Group (PIG) invited qualified applicants to submit essays. The PIG reviewed the essays and reported recommended finalists to the full commission. Final interviews are planned in open session, using a round-robin format where each candidate answers questions in turn. It wasnoted that the HonoluluPolice Commissionis in the process of hiring a consultant for its selection process. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) CommissionerBotelhomotioned 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 nty Charter Section 13-20 (b). Seconded by Commissioner Buckman, with no discussion,the motionpassedunanimously. Executive session convened at 10:55 a.m. Motion to reconvene open session made by Commissioner Buckman, seconded by Commissioner Botelho,with no discussion, and it carried unanimously. The regular session reconvened at 1:06 p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of Complaints: o HPC 25-15, 25-16, 25-17:Complainant alleges he was erroneously arrested. Commissioner Buckmanmade a motion that there was sufficientevidence to refer to the chief for further investigation.Seconded by CommissionerBotelho, with no discussion, the motion carried unanimously. Regular Session Minutes August 22,2025 Page 7 o HPC 25-31:Complainant alleges wrongful arrest, denial of medical care, and mishandling of property. Commissioner Botelho recusedherself, leaving no quorum to take action. The matter wasdeferred to the next meeting. o HPC 25-32: Complainant is dissatisfied with the officers’ response and alleges an inaccurate police report. Commissioner Urban-Smith motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Buckman,with nodiscussion, the motion carried unanimously. o HPC 25-33:Complainant alleges that the officer made false statements about her, officers were rude, threatened her with arrest, and had a conflict of interest. Commissioner Buckman made a motion that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Enriquez, with no further discussion, the motion carried unanimously. o HPC 25-34:Complainant is dissatisfied with the officers’ response and alleges they were rude.Commissioner Enriquez 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. Request for Representation by Corporation Counsel: o Correspondence No. 25-15: Request for Representation in Case No. 3DSS-25- 0000027. Chair Robinson stated that the respondent appeared and requested a continuation. Commissioner Botelho made a motion to continue. Seconded by Commissioner Urban-Smith, with no discussion, the motion carried unanimously. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, September 19, 2025, at9:00 a.m. at the West Hawaii Civic Center, Council Chambers,74-5044 Ane Keohokalole Highway, Kailua-Kona. ADJOURNMENT The meeting adjourned at 1:14 p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR