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HomeMy WebLinkAbout2025-09-19 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES SEPTEMBER 19, 2025 ,BUILDING A, COUNCIL CHAMBERS 74-5044 ANE KEOHOKALOLE HIGHWAY, KAILUA-KONA, HI CALL TO ORDERAND ROLLCALL Chair Robinsoncalled the meeting to order at 9:01a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Wendy Botelho, Commissioner Arthur Buckman, Commissioner Eileen Lacerte, Commissioner Jacob Tavares, Commissioner Bernadette Urban-Smith, Commissioner Absent:Lloyd Enriquez, Commissioner Greg Yamada, Commissioner A quorum was present. Also present:Reed Mahuna, InterimPolice 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 STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Patti Cooktestified on the recruitment and hiring process for a new chief. She requested that candidate applications include questions addressing immigration and other community concerns, noting she provided suggested language in her written testimony. She emphasized the importance of establishing ongoing communication between the department and the community to address changing needs and priorities, such as immigration, drugs, and other issues. (Commissioner Tavares arrived at 9:04 a.m.) Sam Guckenheimersummarized his written testimony, noting this was the third consecutive meetingat which theyraised concerns about the police chief selection process. He emphasized the need to include questions on immigration and federal law enforcement practices in candidate interviews and requested that candidate responses be Regular Session Minutes September 19,2025 Page 2 made public. He also called forthe creation of aninteraction groupfor consistent consultation between the community and police on developing matters. Ellen Lubranoexpressed theimportance of selecting a police chief with strong leadership skills, law enforcement knowledge, and the ability to build community relationships. She qualities such as integrity, communication, problem-solving, and accountability. She cautioned against diverting local law enforcement resources toward federal immigration enforcement, stressing the need for a chief who upholds ethical standards and respects community trust. APPROVAL OF THE MINUTES CommissionerBotelhomotioned to approvethe regularand executivesession minutes for July 18, 2025,seconded by Commissioner Urban-Smith. With no discussion, the motion carried unanimously, and the minutes were approved. Commissioner Urban-Smith motioned to approve the regular and executive session minutes for August 22, 2025,seconded by Commissioner Botelho. With nodiscussion, 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 Amaralreported897serious crimes through August 31, 2025.Area I and Area II criminal investigation units investigated 206of these cases, with 165in Area I and 41in Area II. Calls for Service: For August 2025,the departmentreceived 10,178calls for service (FYTD 20,446). A discussion followed regarding clearance rates, cases not accepted by the Prosecutor’s Office, and the extended length of time,sometimes years,before cases proceed to court. Concerns were expressed regarding the potential impact on officer morale and the absence of publicreporting from the Prosecutor’s Office. The conversation also touched on theincrease in cybercrime and the process for reporting such incidents. Traffic Report: Major Thomas Shopay reported that as of September 10, 2025,traffic crashes for the fiscal year to date were165compared to 169for the previous fiscal year.DUI arrests totaled 136, down from 169last fiscal year. DUI arrests for August were 62, compared to 74 in July. Island-wide traffic citations included 3,955 moving/regulatory, 384seatbelt,44child restraint, and 1,343speeding, for a total of 5,913citations issued during the reporting period. Regular Session Minutes September 19,2025 Page 3 Vice Report:CaptainEdwinBuyten of the Vice Division reported the following seizures for August 2025: 27.86g cocaine, 70g crack cocaine, 3.4g coca leaves/plant, 1,655.91g (3.6 lbs.) methamphetamine, 0.40g fentanyl, 2 fentanyl pills, 8,165.95g (18 lbs.) processed marijuana, 35 marijuana plants, 371gmarijuana edibles, 1,445.61g (3.1 lbs.) marijuanaconcentrate, 0.5g MDMA, and 1,319 prescription pills (unspecified). Paraphernalia included 4 bongs, 13 pipes, 3 grinders, 14 scales, and 57 vape devices. Cash seized totaled $19,163. Weapons seized included 6 illegal firearms, 232 rounds of ammunition, and 9 fireworks. There were 31 arrests, 131 offenses, and 25 search warrantsexecuted. Following the report, commissioners inquired about Vice Division activities, THC vape devices, seized paraphernalia, and the handling of seized cash and jewelry. Captain Buyten explained that forfeitures are processed civilly, with proceeds directed to the state’s County accounts for over 70% of narcotics recovered statewide, reflecting their proactive efforts. Personnel Report: Assistant Chief Sherry Birdreported that as of August 31,2025,the department had 67 sworn vacancies (85 in the field, offset by recruits from the 103rd and 104th classes). Of 493 sworn positions, 426 are filled (86%). Civilian staffing is at 117 filled of 161 positions (73%). For Police Communications Officers I and II, there are 23 filled and 16 vacant; for Supervising Police Communications Officers, four arefilled, with one vacancy. AC Birdprovided an update on recruitment activities, recruit classes, and ongoing recruitment efforts. Finance: AC Birdreportedthat as of August 31, 2025,HPD's overall expenditure target was 20.27%, with the actual expenditure at 20.42%.Target salaries and wages were 20.83%, with the actual expenditure at 21.29%. Regularsalaries and wages were at 17.95%, overtime salaries and wages at 80.05%, and miscellaneous salaries and wages at 30.13%. Following the finance report, the commission inquired about overtime and expenditures. Assistant Chief Bird addedthat unbudgeted payouts have impacted the department’s budget. Other Department ActivitiesReported by Interim Chief Mahuna: Passing of K9 Archer: On September 4, while on duty,K9 Archer passed away. Archer was left unattended in a police vehicle for an unacceptable period of time. Archer, a six- and-a-half-year-old Belgian Malinois/German Shepherd mix from Hungary, joined the Hawai‘i Police Department in 2021 and was trained in narcotics detection. He served alongside his handler in numerous operations, assisting in keeping drugs and Regular Session Minutes September 19,2025 Page 4 dangerous contraband off thestreets. They areconducting a thorough criminal and administrative investigation, as well as a comprehensive review of K9 policies and procedures to determine if there are any adjustments that couldbe made to prevent a similar incident from occurring in the future. Recruit Class Ceremony: The department welcomed new members during the 102nd Police Recruit Class recognition ceremony at the Hilo Hawaiian Hotel. Officer Cody Hirata, class president, received the Firearms Award and was named Most Outstanding Recruit. Officer Kastle Quiocho, class vice president, received the Physical Fitness Award. 5th Annual Fill A CruiserEvent: The Kona Community Policing Section held its 5th annual Fill A Cruiser Food Drive on August 29, in partnership withCostcoand the Food Basket,collecting over 4,600 pounds of food and $8,966 in donations.Both totals surpassed last year’s results, bringing the five-year event total to 15,901 pounds of Automated External Defibrillators (AED)Donation:In late August, the Hawai‘i Police Department received 30 new AEDs from the Hilo Benioff Medical Center Foundation and the Max and Yetta Karasik Foundation. The donation brings the department’s total to about 70 AEDs now deployed in patrol vehicles across the island. Equipping every officer with an AED is a top goal, since the devices can make the difference between life and death during cardiac emergencies. Badges and Buckets:The department sponsored the 22nd annual “Badges and Buckets” fundraiser (formerly “Cop on Top”) at Hilo and Kona Wal-Mart stores, supporting Special Olympics Hawai‘i. Officers have raised over $250,000 through this event over the years.This event is the largest Special Olympics fundraiser of the year, and a large part of the annual budget is raised through thisevent alone. HPD Website:The department’s website received the 2025 Web Award for Government Standard of Excellence from the Web Marketing Association, marking its fourth national or international award since its redesign. Commendations and Awards:Chief Mahuna reported on recent recognitions, including HSLEOA Officer of the Year, Kona Crime Prevention Committee Officer of the Year, and HISSPA Officer of the Quarter (Q2 2025). The department also received five commendations involving four personnel since the last meeting. Following the report, commissioners expressed condolences regarding the recent canine death, emphasized the need for accountability, transparency, and policy changes, and raised questions on prevention measures and handler status. Chief Mahuna acknowledged the incident was preventable, explained thatthe department is taking full responsibility, and noted both administrative and criminal investigations are Regular Session Minutes September 19,2025 Page 5 underway. He confirmed the handler has been reassigned and that services for the canine will be held. Chair Robinson inquired about Governor Green’s recent initiative on traffic safety, asking whether it would be directed to county police departments or the state. Chief Mahuna responded that he does not yet have details on the governor’s specific plans but anticipates it may involve a combination of both. He noted there is a push for the Department of Law Enforcement to take a greater role in highway traffic enforcement, but it’suncertain whether the necessary infrastructure is currently in place. Recess was called at 10:26a.m., and the meeting reconvened at 10:38a.m. UNFINISHEDBUSINESS Discussion and action regarding the posting and publishing of the notice of vacancy in the office of the chief of police, pursuant to Police CommissionRule 9(a). DCC Salas-Ferguson advised that the commission could use the previous recruitment notice as a template and decide on posting dates, whether the process should be internal or open, and if they want toadjust desired leadership qualitiesandminimum requirements. should be listed as a minimum requirement, noting that it was not included in the current notice. Chair Robinson clarified that the notice being reviewed was from the previous recruitment, during which the residency requirement had been waived. Vice Chair Bertsch emphasized the importance of having a duly selected chief in place as soon as possible. He stated that while the commission has clear guidelines and experience from the recent recruitment, there are procedural matters that must be addressed,one being year of residency. Based on public testimony received, he noted that there appears to be recommended that the commission take a formal vote on the matter,which would then guide how to proceed with amending or finalizing the job posting. DCC Salas-Ferguson referenced a confidential legal memo on the matter and recommended that further discussion occur in executive session. Chair Robinson noted other counties’ processes and stressed the importance of moving expeditiously. Vice Chair Bertsch requested a brief executive session for legal guidance. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) Vice Chair Bertschmotioned to meet in executive session to consult with the board’s attorney regardingHRS § 78-1,pursuant to HRS §92-5(4)and Charter Section 13-20 (b). Seconded by CommissionerLacerte, with no discussion, the motion passed unanimously. Executive session convened at 10:48a.m. Regular Session Minutes September 19,2025 Page 6 Motion to reconvene open session made by Vice Chair Bertsch, seconded by Commissioner Lacerte,with no discussion, and it carried unanimously. The regular session reconvened at 10:54a.m. SUMMARY OFEXECUTIVE SESSION MATTERS Vice Chair Bertsch reported that during executive session, the commission reviewed the chief of policemust be a citizen of immediately preceding appointment. The statute also provides that this one-year residency requirement may be waived by the appointing authority when the appointive officer is employed as the head of a county police department. He explained that while theoriginal intent of the commission was not to waive the residency requirement, it was brought to their attention that this statute has been challenged multiple times in court and has often been found unenforceable. To avoid potential legal challenges or delays in the appointment process, the commission determined that it would be in the best interest of the department and the public to waive the residency provision.Accordingly, the commission intends to allow any applicant who meets the minimum qualifications to apply for the position, regardless of residency. Vice Chair Bertsch made a motion that the commission waive the one-yearresidency requirements which is outlined in HRS § 78-1(b)(2)and open the application process to any qualified applicant that meets the minimum qualifications established by the commission rules.Commissioner Lacerte secondedthe motion.There was no discussion, and the motion carried unanimously. UNFINISHED BUSINESS Discussion and action regarding the commission’s application and interview process for the selection of thepolice chief. The commission discussedthe timeline and procedures for recruiting and selecting the next police chief. Commissioner Botelho presented a draft timeline that projected the appointment of a new chief by April 15, 2026. Vice Chair Bertsch advocated for a more expedited process, citing the previous selection,which took approximately four months (August to December). The primary motivations for expediting the process were the commission's duty to provide the department and community with a permanent chief as soon as possible and the fact that other counties are concurrently searching for a police chief. DCC Salas-Ferguson explained that the priority is to postthe notice and finalizethe interrogatories. The process can follow a set timeline or proceed step by step. Once the notice is posted, applications will be received,and it will take at least a couple of weeks for HR to screen them. The commission will then need to determine the questions to be asked Regular Session Minutes September 19,2025 Page 7 in the interrogatories, which will be sent to the candidates. After reviewing the candidates’ responses, the commission will decide who to interview. Henoted that if additional time is needed, it can be taken, and a special meeting could be scheduled if needed and desired. The pace and approach are at the commission’s discretion.Headdedthat if needed, the commission can form a permitted interaction group (PIG) to review interrogatories and recommend a top group of candidates (e.g., top five or another number determined by the commission). The full commission must then review the PIG’s recommendations and make the final selection. The PIG may also conduct interviews to narrow down the pool(e.g., top 10) down to the finalists, but the commission as a whole is responsible for interviewing the final candidates and making the ultimate selection. Vice Chair Bertsch expressed that when conducting public interviews of the final candidates, the commission shouldtelevise the sessions. He requested additional staffing assistance to support the secretary, noting that the last selection process was demanding for her. DCC Salas-Ferguson explained that if the commission holds an interactive remote meeting, the public must be allowed to participate via Zoom. However, if the commission chooses only to film or stream the meeting, the public may watch but not interact. Vice Chair Bertsch asked whether public testimony is required during the interview process. DCC Salas-Ferguson confirmed that the public has the right to provide testimony at any commission meeting. Heclarified that remote participation via Zoom is required for interactive meetings, but for one-way streams, such as broadcasting via Facebook, participation is not required. Commissioner Tavares stated that the drafted timeline seems reasonable. Chair Robinson and Vice Chair Bertsch expressed no opposition, noting it is similar to the previous selection process, but emphasized the importance of filling the chief position as soon as possible. Tavares suggested reviewing individual items to identify areas that could be compressed to expedite the process. Vice Chair Bertsch noted that in the last selection, recruitment opened on August 1 and closed on August 28, with a chief appointed by December 16. Hehighlighted the need to act quickly, as other counties are also recruiting, and the early bird gets the best candidates. Commissioner Botelho proposed starting recruitment on November 2, describing it as aggressive, but Vice Chair Bertsch questioned the need to wait two months, suggesting posting immediately once the announcement is finalized. Chair Robinson confirmed general agreement on the announcement, with updates madeto the salary and recruitment dates.He emphasized the commission’s responsibilityto the community and the department to fill the chief position as soonas possible. Regular Session Minutes September 19,2025 Page 8 Vice Chair Bertsch added that in the previous recruitment, the posting was open for 28 days,and a chief was appointed four months later. He expressed a desire to complete the process sooner rather than later. Commissioner Urban-Smith suggested beginning recruitment the last week of September to allow time for applicants to submit materials while the commission prepares interrogatory questions. She reiterated the importance of acting quickly to attract the best candidates, emphasizing competition with other counties. Commissioner Tavares added Commissioner Botelho had no objections to moving the proposed timeline, and the commission agreed to proceed with posting. Further discussion focused on efficiency and the interrogatory questions. Chair Robinson asked Ms. Correa to provide the electronic version of the interrogatory from the last selection process for the commission’s review. Vice Chair Bertsch moved that the commission approve the recruitment notice as presented, with updates to the salary, and authorize Commissioner Botelho to work with HR to publish it at her earliest convenience. The motion was seconded by Commissioner Tavares, who inquired whether the motion should specify the dates. Chair Robinson clarified that a separate motion would be made regarding the dates. With no further discussion, the motion carried unanimously. Commissioner Tavares moved that the job posting be published on the approved platforms from October 5 to October 31, 2025, covering three consecutive Sundays. Vice Chair Bertsch seconded the motion. DCC Salas-Ferguson noted that the secretary will coordinate with HR to manage the documents and related tasks. With no further discussion, the motion carried unanimously. Vice Chair Bertsch moved to post the recruitment in West Hawaii Today, Tribune-Herald, Star-Advertiser, and on NeoGov. Commissioner Lacerte seconded the motion. With no further discussion, the motion carried unanimously. The recruitment will be published in the newspapers on October 5, 12, and 19, and will remain open from October 5 through October 31. NEW BUSINESS Discussion and possible action to forma Permitted Interaction Group (PIG) for the selection of the new Police Chief. DCC Salas-Ferguson advised that if the commission wishes to form a PIG to recommend interrogatory questions, they could do so at this meeting, have the PIG make recommendations at the next October meeting, and then have the commission make final decisions in November. He noted that HR would need to review the questions to ensure compliance with HR laws. Regular Session Minutes September 19,2025 Page 9 Chair Robinson stated that Ms. Correa will email the commission a copy ofthe interrogatory used in the previous selection process. He explained that the commission could either form a PIG or allow the full commission to review and provide collective feedback. The commission agreed to review the emailed interrogatory. Chair Robinson confirmed that Commissioner Botelho will work with HR. DCC Salas- Ferguson clarified that outside of a meeting, two commissioners may discuss the interrogatory, but cannot reach an agreement or share it with a third commissioner. Commissioners may also contact him for legal guidance. It was noted that the secretary should coordinate with HR to ensure continuity, with all administrative correspondence running through the secretary’s office. Chair Robinson asked if further discussion was needed regarding the formation of a PIG. Vice Chair Bertsch recommended deferring that discussion until the next meeting and revisiting it if necessary. There was no further discussion. NEW BUSINESS Correspondence No. 25-o the appointing authorities concerning proposed salary adjustments. Chair Robinson asked if the commissionwished to respond to the Salary Commission. He stated that if there were no objections, he wouldcontinue the interaction with the commission on their behalf. Commissioner Tavares noted that the Salary Commission’s memo appeared to base proposed adjustments on mirroring HGEA executive salaries. He expressed that this oversimplifies the issue and suggested a more thorough analysis, including considerations for inflation, cost-of-living adjustments, and other factors. He recommended that the Salary -specific review rather than relying solely on another agency’s model. Chair Robinson agreed, acknowledging that while the Salary Commission is being proactive, it is important to ensure adherence to governmental standards. He stated he would incorporate these points in his response. EXECUTIVE SESSION(CLOSED TO THE PUBLIC) CommissionerTavaresmotioned 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-20 (b). Seconded by Vice Chair Bertsch, with no discussion,the motionpassedunanimously. Executive session convened at 11:53a.m. Regular Session Minutes September 19,2025 Page 10 Recess was called at 11:53 a.m., and the meeting reconvened at 12:14 p.m. (Vice Chair Bertsch left the meeting) 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 25-23: Complainant alleges officers have not responded to her repeated calls, no follow-up was conducted, and expresses dissatisfaction with how her case was investigated(cont. 7/18/25). Commissioner Tavares motioned to continue this to the next meeting. Seconded by Commissioner Botelho, with no discussion, the motion carried unanimously. o HPC 25-31:Complainant alleges wrongful arrest, denial of medical care, and mishandling of property(cont. 8/22/25).Chair Robinson noted that the matter was continued because Commissioner Botelho had recused herself,and there was no quorum to take action at the previous meeting. He inquired whether any commissioners present had not attended the last meeting to hear testimony. Commissioner Tavares stated he was absent but hadreviewed the written record. Commissioner Buckman noted he had questions related to criminal law. Chair Robinson suggested that the complaint could benefit from further review, as there may be procedural lessons for the department. Commissioner Lacerte moved to refer the matter to the chief for procedural and operational concerns. Commissioner Buckmanseconded the motion. With no further 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(cont. 8/22/25). Chair Robinson stated that the requesterrequested an extension. Commissioner Botelho movedto continue. Seconded by Commissioner Lacerte, with no discussion, the motion carried unanimously. AGENDA ITEMS FOR NEXT MEETING Chair Robinson asked if there were any items to add to the next agenda. It was agreed that the commission would include the following items: Review of the Police Chief Recruitment Process and Review and Finalization of the Interrogatory Questions for Police ChiefCandidates. Regular Session Minutes September 19,2025 Page 11 ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, October 24, 2025, at9:00 a.m. at the County Building, Council Chambers, Suite 1401, 25 Aupuni Street, Hilo, HI. CommissionerBotelho notedthat she will be absent from the next meeting. ADJOURNMENT The meeting adjourned at 1:00p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR