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HomeMy WebLinkAbout2025-10-24 Police Commission Regular Minutes HAWAII POLICE COMMISSION REGULAR SESSION MINUTES OCTOBER 24, 2025 COUNTY BUILDING, COUNCIL CHAMBERS, SUITE 1401 25 AUPUNI STREET, HILO, HI CALL TO ORDERAND ROLLCALL Chair Robinsoncalled the meeting to order at 9:01a.m. Present: Rick Robinson, Chair John Bertsch, Vice Chair Arthur Buckman, Commissioner Lloyd Enriquez, Commissioner Eileen Lacerte, Commissioner Jacob Tavares, Commissioner Greg Yamada, Commissioner Absent:Wendy Botelho, Commissioner Bernadette Urban-Smith, Commissioner A quorum was present. Also present:Reed Mahuna, InterimPolice Chief Scott Amaral, Major Jeremie Evangelista, Major Thomas Shopay, Major Tuck Loy Aurello, Captain Sinclair Salas-Ferguson, Deputy Corporation Counsel Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Roger Christiestated the war on drugs is a failure and linked marijuana eradication to subsequent meth, opioid, and fentanyl epidemics. He also asked the Police Department to investigate the COVIDpandemic. Kevin Hillexpressed appreciation for the commission and suggested the countyshould consider having an elected sheriff accountable to the people. He emphasized the importance of the Constitution and recommended that the Police Chief'sjob description clarify that enforcement of laws should apply only to statutes and ordinances consistent with the Constitution. Sky Narvaezasked that the new Police Chiefcommit to never cooperating with federal Immigration and Customs Enforcement (ICE) officers. She also requested a Zoom link for future meetings for public accessibility. Regular Session Minutes October 24, 2025 Page 2 Dell Otsuka testified regarding the Police Chief selection process, urging the commission to considercandidates’ educational backgrounds, particularly degrees in criminal justice, administrative justice, public administration, or related fields. She stated that such qualifications strengthen leadership and decision-making. She also suggested that the County consider retaining an independent consultant to assist with recruitment and evaluation to promote objectivity and transparency. Cory Harden thanked the commission for theirservice and requested that Police Chief candidate interviews be open to the public,both in person and online. She suggested including questions on candidates’ positions regarding crisis intervention teams, homelessness encampment sweeps, animal control operations, and immigration-related issues. She also referenced concerns about the County’s memorandum of understanding with Homeland Security and recommended that candidates be asked about their views on immigration enforcement policies. Jane Tollefsrud testified regarding the Police Chief selection, emphasizing the importance of choosing a leader who upholds the Constitution, moral integrity, and the safety of all Department and federal immigration agencies, particularly ICE, and urged that the department avoid entering into or renewing such agreements. She highlighted the negative impacts of immigration enforcement on local workers, agriculture, and tourism, and urged the commission to select a chief committed to protecting the rights and well-being of all people. Marie Even expressed appreciation to the Interim Ch County Police Department will not cooperate with ICE. She urged the commission to make this a formal policy and to establish oversight, reporting, and training protocols for any interactions with federal agencies to protect residents’ constitutional rights. She recommended that the next Chief promote transparency, require judicial warrants before cooperating with federal task forces, and support open dialogue with the community. She also emphasized the importance of keeping courts, schools, and health centers safe from immigration enforcement actions and called for a Chief who demonstrates courage, humility, and a commitment to learning and community trust. Nancy Mosersuggested that all Police Chief candidates be asked to explain how they -25, which supports due process, constitutional rights, and limits Police Department involvement with federal immigration enforcement to criminal cases. She also recommended asking candidates how they would review or address existing and potential agreements with federal agencies that may conflict with the resolution’s values. Additionally, she proposed asking candidates to describe their experience living and working in a multicultural County and how that experience would influence their leadership. She requested that candidate interviews and related questions be made available to the public in person and online. Regular Session Minutes October 24, 2025 Page 3 Patti Cookthanked community members for their engagement and noted the widespread public concern regarding immigration enforcement. She urged the commission to ensure that immigration-related issues are included in the Police Chief selection process and interview questions, and requested that interviews bebroadcastpublicly. She expressed appreciation to the Interim Chief for clarifying that the department will not cooperate with ICE or accept federal funding tied to immigration enforcement. She encouraged the commission to maintain that stance going forward. Cook also inquired about the purpose of the proposed PIG (Permitted Interaction Group) and suggested it serve as a forum for ongoing dialogue between the department and the community. Terry McDonald introduced himself as a local leader with Indivisible and thanked the Police Department for its professionalism during a recent peaceful demonstration in Hilo. He noted that the County Council unanimously passed Resolution 320-25,affirming due process and constitutional rights for all residents. McDonald emphasized that the next Police Chief must uphold and implement the principles of this resolution and that these standards should be incorporated into departmental conduct. He stressed the importance d that the Police Department ensure those rights are extended to all residents, including lawful immigrants. Ricky Torres thanked the commission for allowing him to speak and reflected on his service as a Vietnam veteran who fought for constitutional rights. He expressed concerns Kea, Kamehameha Schools, and Governor Green’s plans for Pohakuloa. He concluded by asking commission members if they abide by the rule of law. Ruth Robison thanked the commission for its service and spoke regarding the Police Chief selection process. She requested that candidate interview questions include topics on enforcement or accept federal funding tied to such collaboration. She emphasized that cooperation with immigration enforcement could create financial and legal risks and erode public trust. Robison urged the commission to prioritize transparency and accountability by addressing these issues in interviews and making candidate interviews publicly accessible both in person and via Zoom. (Recess was called at 9:54 a.m., and the meeting reconvened at 10:07 a.m.) APPROVAL OF THE MINUTES CommissionerYamada motioned to approvethe regularand executivesession minutes for September 19, 2025,seconded by Commissioner Lacerte. With no discussion, the motion carried unanimously, and the minutes were approved. POLICE CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Items from the chief’s written reports were highlighted: Regular Session Minutes October 24, 2025 Page 4 Crime Report (Major Amaral):1,331 serious crimes reported through September 30, 2025. Area I and II CIS investigated 278 of these cases (209 in Area I, 69 in Area II). Calls for Service:9,971 calls in September (FYTD: 30,417). Traffic Report (Major Shopay):As of October 15, 2025 (FYTD): o Traffic Crashes: 233 (vs. 247 last fiscal year). o Traffic Fatalities: 3 (vs. 3 last fiscal year). o DUI Fatalities: 0 (vs. 2 last fiscal year). o DUI Arrests: 216 (down from 258 last fiscal year). 80in September vs. 62 in August. o September Citations: 5,111 total (3,085 moving, 422 seatbelt, 24 child restraint, 1,329 speeding). Vice Report (Major Evangelista):September 2025 seizures included approximately 23g of cocaine, more than 4,700g of meth, over 92g of fentanyl, 109 lbs of dried marijuana, 71 marijuana plants, about 490g of edibles, 5 Xanax pills, 76 items of drug paraphernalia, over $16,000 in cash, and 5 firearms. Nineteen people were arrested for 51 offenses, and officers served 51 search warrants and 4 arrest warrants. o Following the report, discussion included the possibility of fentanyl cross- contamination and that forfeited assets go to the Department of the Attorney General for distribution. Personnel Report (Major Evangelista):As of September 30, 2025: o Sworn:87 field vacancies. Factoring in 18 recruits (4 from 103rd, 14 from 104th), there are 69 unfilled sworn positions. 424 of 493 positions are filled (86%). o Civilian:118 of 161 positions are filled (73%). o Communications:17 vacancies for PCO I/II (23 filled); 0 vacancies for Supervising PCO (5 filled). o Major Evangelista provided an updateon recruitment activities. o In response to Commissioner Yamada, Major Evangelista explained that they do not track pass/fail percentages for the agility test,as it varies. Candidates who fail the test are given one retake at the next scheduled test. (Commissioner Tavares arrived at 10:17 a.m.) Regular Session Minutes October 24, 2025 Page 5 Finance (Major Evangelista):As of September 30, 2025, the actual expenditure was 29.03% (target 28.97%). Salaries and wages (S&W)were29.33% (target 29.17%). OvertimeS&W was at 108.37%. Other Activities (Interim Chief Mahuna):On October 9, HPD held its first annual “MeritScouts Police Tour Day” in Kona. Commendations and Awards:Chief Mahuna reported on several recent awards and 12 commendations involving 16 personnel. UNFINISHED BUSINESS: POLICE CHIEF SELECTION PROCESS The commission discussed and took action on the selection process for the new Police Chief. Recruitment Update:Michelle Simmons (Human Resources) reported that recruitment is open until October 31, and 17 applications havebeen received to date (not yet screened for minimum qualifications). Anonymity:Vice Chair Bertsch made a motion to follow the previous selection process, keeping applicants anonymous (identified by number) until the commission selects the top candidates for interviews. Commissioner Lacerte seconded. o Commissioner Tavares spoke in full support, stating that it encourages a stronger applicant pool, as some may fear retribution if not selected. He stated such behavior is unacceptable, and the commission would take action if it occurred. o The motion carried unanimously. o Chair Robinson noted that any vile, anonymous letters received regarding candidates would beshredded. Ranking:The commission discussed the 1-5 rating scale used in 2022. o Vice Chair Bertsch moved that each commissioner rank the interrogatory questions on a scale of 1-5 (5 being highest), with HR to assist in compiling the scores. Commissioner Lacerte seconded, with no discussion. The motion carriedunanimously. o Vice Chair Bertsch noted these scores are tools and not binding, and the commission should also review the full application packets. o DCC Salas-Ferguson clarified that applications (with names redacted) could be provided to the commission along with the interrogatories. Commission Secretary:Chair Robinson stated the commission secretary's workload for both the Police and Fire Commissions is too strenuous, especially during the chief selection process.Chair Robinson stated that he would like to send Regular Session Minutes October 24, 2025 Page 6 a letter to the Fire Commission informing them that their secretary will no longer be able to assist them. He then called for a motion. o Commissioner Yamada moved to send a letter to the Fire Commission stating the secretary would not be available to them after the end of October. Vice Chair Bertsch seconded. o After discussion on the commission's authority, it was clarified that the motion was to support the chair in writing a letter expressing this intent. Vice Chair Bertsch noted the secretary position was a “loaner”to the Fire Commission that morphed into a full-time role, and they can’trisk losing their secretary as they did after the last chief selection. o The motion carried unanimously. Interrogatory Questions:The commission discussed amendments to the draft questions. o Immigration:Vice Chair Bertsch recommended adding a question (2.14) regarding the department's appropriate role in federal immigration enforcement, given public testimony. DCC Salas-Ferguson clarified that while MOUs are approved by the County Council, they are initiated at the department level. The commission agreed to add the question. o 21st Century Policing:The commission agreed to add “use of technology” to this question (2.5). o Contentious Issues:The commission agreed to add a new question (2.15) asking how candidates would handle contentious or polarizing community issues, such as immigration. o Accomplishments:The commission agreed to amend question 2.3 to ask for accomplishments “relevant to the role of police chief.” o Management Style:The commission agreed to add "SHOPO" to the management style question (2.2). o Non-Scored Questions:The commission agreed to add two non-scored questions: 1.(2.16)“Do you wish to disclose or explain at this time any issues or concerns related to past conduct, professional or personal, that may surface during our due diligence process?” 2.(2.17) “Outside of these questions, is there anything else you would like to tell us or tell the selection committee about yourself or your Regular Session Minutes October 24, 2025 Page 7 background that strengthens the argument that you're the best candidate for the job?” o Vice Chair Bertsch made a motion to accept all changes to the applicant interrogatory. Commissioner Tavares seconded, with no further discussion. The motion carried unanimously. Public Access: o Vice Chair Bertsch motioned that the selection process be delivered both in- person and via a streaming platform, pending support from the Mayor's Office. Commissioner Lacerte seconded. o Commissioner Tavares advocated for remote participants to be able to provide testimony. After discussion about technology and logistics, Vice Chair Bertsch amended the motion: The commission would like to provide a digital platform for the interview process, utilizing technology provided by the Mayor's Office, parallel to how the County Council conducts its meetings at designated county locations. Commissioner Tavares seconded. o The motion carried unanimously. Number of Finalists:The commission deferred deciding on the number of finalists to interview until after the interrogatories are graded. Permitted Interaction Group (PIG):Chair Robinson stated that since the commission haddefined the process and was in agreement, a PIG was no longer needed. Timeline: o HR will screen applications by mid-November. o HR will send letters to all applicants notifying them if they met the minimum qualifications. The letter to qualified applicants will also contain the interrogatories. o Applicants will have 10 days to complete and return the questionnaire via email, a deadline that will be strictly enforced. o A motion by Vice Chair Bertsch to uphold the 10-day deadline, seconded by Commissioner Tavares,with no discussion, the motion carried unanimously. Interviews: The commission agreed to wait until after receiving the questionnaires to formulate specific interview questions. Regular Session Minutes October 24, 2025 Page 8 EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Enriquez motioned tomeet in executive 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 H-20 (b).Seconded by Vice Chair Bertsch, with no discussion, the motion passed unanimously. Executive session convened at 12:17 p.m. Motion to reconvene open session made by Vice Chair Bertsch, seconded by CommissionerYamada,with no discussion, it carried unanimously. The regular session reconvened at 2:14 p.m. ACTION ON EXECUTIVE SESSION MATTERS HPC 25-35:Complainant alleges officer did not enforce their temporary restraining order. Vice Chair Bertsch motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct. Seconded by Commissioner Tavares, with no discussion, the motion carried unanimously. HPC 25-36:(Non-acceptance category). Vice Chair Bertsch motioned to sustain the chair's decision. Seconded by Commissioner Enriquez,with no discussion,the motion carried unanimously. Correspondence No. 25-15:(Request for Representation). Chair Robinson stated no action was needed as the request had been rescinded. AGENDA ITEMS FOR NEXT MEETING There were no suggestions. ANNOUNCEMENTS Chair Robinson announced the next regular meeting is scheduled for Friday, November 21, 2025, at 9:00 a.m. at the W Kailua-Kona, HI. ADJOURNMENT The meeting adjourned at 2:16 p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:RICK ROBINSON, CHAIR