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HomeMy WebLinkAbout2025-12-19 Police Commission Regular Minutes REGULAR SESSION MINUTES DECEMBER 19, 2025 HAWAII COUNTY BUILING, COUNCIL CHAMBERS 25 AUPUNI STREET, SUITE 1401,HILO, HI CALL TO ORDER AND ROLL CALL Chair Robinson called the meeting to order at 9:05a.m. Present:Rick Robinson, Chair Wendy Botelho, Commissioner Arthur Buckman, Commissioner Lloyd Enriquez, Commissioner Eileen Lacerte, Commissioner Jacob Tavares, Commissioner Bernadette Urban-Smith, Commissioner Greg Yamada, Commissioner Absent:John Bertsch, Vice Chair A quorum was present. Also present:Reed Mahuna, Interim Police Chief Chad Basque,Assistant Chief Sherry Bird, Assistant Chief Scott Amaral, Major Edwin Buyten, Captain Tuck Loy Aurello, Captain Denise Laitinen, Public Relations Officer Sinclair Salas-Ferguson, Deputy Corporation Counsel Michelle Simmons, Human Resources Charisse Correa, Secretary STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Roger Christieaddressed the topics of cannabis and COVID, referencing a U.S. Supreme Court conference involving alleged surveillance of his cannabis ministry and violations of privacy rightsunder state and federal law.He discussed the historical use, and long-term social harm.He urged reconsideration of cannabis prohibition and suggested HPD support legislative reform. He referenced existing religious-use protections, the “lesser magistrate doctrine,” and stated that homes and property should be treated as sanctuaries. He cited the 2008 voter-approved low-enforcement-priority cannabis ordinance and invited the Commission to an event on January 8 at the Arc of Hilo. Regular Session Minutes December 19, 2025 Page 2 Sam Guckenheimer thanked the Commission for their work on selecting the next Chief of Police and noted he has testified at six consecutive meetings. He highlighted three “screens”: national cases challenging unconstitutional federal actions, the County Council’s unanimous resolutions supporting resident protections, and the Police Commission’s lack of transparency in theselection process. He emphasized that the new Chief should prioritize public safety, resist unconstitutional actions, and stand up to federal pressure. He also urged the Commission to increase transparency, clarify the values guiding the selection, and allow public input to strengthen community–police relations. Patti Cookstated that she stands by her written testimony and urged the Commission to prioritize Police Chief candidates who reflect Hawaii’sconstitutional values, including the spirit of aloha, have strong local connections, and commit to ongoing communication with the community. She referenced County Council resolutions on the rule of law and immigration-related concerns and encouraged Police Department engagement in those efforts.Ms. Cookexpressed concern about the adequacy of candidate vetting, requested that candidate interviews be conducted publicly, and stated that evaluating candidates solely on written interrogatory responses is insufficient without reviewing full application materials APPROVAL OF THE MINUTES Commissioner Tavaresmotioned to approve the regular and executive session minutes for November 21, 2025, seconded by Commissioner Yamada. With no discussion, the motion carriedunanimously. POLICE CHIEF’S REPORT ON DEPARTMENT ACTIVITIES Items from the chief’s written reports were highlighted: Crime Report:Major Scott Amaralreported 2,249serious crimes reported through November 30, 2025. Area I and II CIS investigated 412 ofthese cases (303in Area I,109 in Area II) Calls for Service:9,894calls in November(FYTD: 50,818). Traffic Report:Assistant Chief Chad BasquereportedFYTD as of December 15, 2025: o Traffic Crashes: 390(vs. 396last fiscal year). o Traffic Fatalities: 6 (vs. 8last fiscal year). o DUI fatalities: 2 (vs. 2 last fiscal year) o DUI Arrests: 377(vs.405last fiscal year). o DUI Arrests for November: 81 (v. 80 previous month) o NovemberCitations: 5,923total: 3,794moving, 346seatbelt, 55child restraint, 1,426for speeding. Regular Session Minutes December 19, 2025 Page 3 Vice Report:Captain Ed Buytenreported November2025 seizures included 520gof meth, 4,453g of cocaine,42.2gof fentanyl, 55,258gof dried marijuana,5.6 lbs.of marijuana concentrate,404 THC vapes, $7,646 in cash, recovered one firearm, arrested 17 adults with 42 charges, executed over 28 search warrants, and one warrant of arrest. Personnel Report:Assistant Chief Sherry Birdreportedas of November 30, 2025: o Sworn:96field vacancies. Factoring in 4 from the 103rd recruit class, 13 from the 104th, and 12 from the 105th, there are 67unfilled sworn positions. 407of 503 positions are filled (81%). o Civilian:114of 161 positions are filled (71%). o Communications:17 vacancies for PCO I/II (23 filled); 0 vacancies for Supervising PCO (5 filled). o Assistant Chief Bird provided an update on recruitment activities. Finance:ACBirdreported that, as of November 30, 2025, actual overall expenditures were 49.13% (target 43.38%). Salary expenditures were 51.56% (target 45.83%). Regular salaries and wages were 38.84%, overtime salaries and wages were at 177.2%, and miscellaneous salaries and wages were 514.77%. AC Birdnotedthatit’s an excessive amount due to temporary hazard payouts pending reimbursement.She reported that the County has implemented a new payroll system and that current expenditure reports are less detailed than previously. Additional discussion followed regarding temporary hazard pay, which was clarified as a one-time lump sum payment, with the County reimbursing the department’s budget. Other Activities:Interim Chief Mahuna reported on several recent community outreach and departmental activities. On Friday, December 12, the Kona Community Policing Section, in partnership with Kona Costco, Food Basket, and KEPA Radio personality Tommy Ching, hosted a Hanahou Fill a Cruiser food drive at the Kona Costco parking lot. The event collected more than one ton of food and a record- breaking $8,221 in monetary donations for the Food Basket, with all funds remaining Officers and commanders participated in holiday outreach events, including the ninth annual Heroes and Helpers event in Hilo on Saturday, December 6, at Target, and the 30th annual Shop with a Cop event in Kona on Saturday, December 13, at Walmart, with each child receiving a $125 gift card to purchase items of their choice. Interim Chief Mahuna shared that his participation, particularly his experience paired with a teenager, was humbling and rewarding. Regular Session Minutes December 19, 2025 Page 4 on December 3, serving as a guest speaker in a criminology class, discussing careers within the department and answering students'questions. He noted that several students were participants in the department’s internship program. Additionally, hevisited Keaau Middle School for an executive leadership elective class, speaking to students over three class periods across two days. He reported positive student engagement and thoughtful questions,and expressed interest in continuing similar outreach efforts. Interim Chief Mahuna provided an update on departmental promotions and new hires, including the addition of a public safety counselor. Commendationsand Awards: Interim Chief Mahuna reported several recent awards, including Officer of the Month and Quarter awards, andthree commendations involving fourpersonnel. Community Satisfaction Survey Results:Denise Laitinen presented the results of Department website (hawaiipolice.gov) under the Community section. The survey is conducted every two years in accordance with CALEA standards and consists of 37 predetermined questions. The most recent survey was open for one month in February 2025.She explained that the purpose of the survey is to gather community feedback on what residents feel the department is doing well and where improvements are needed. The 2025 survey received 1,321 responses, which was a decrease from 2023 but an increase compared to 2021. There were 907 written comments, slightly fewer than in 2023 but more than in 2021. Overall, results indicate that the community continues to feel the Isl a safe place to live, work, and visit. Trends were generally consistent with the 2021 and 2023 surveys. The highest-rated areas related to officer professionalism include treating people with aloha and respect and demonstrating an interest in helping others. The primary area identified for improvement was “helping me resolve my situation,” which remained below 50% positive but showed improvement over 2023. The most notable increase was a 4.5% gain in the perception that officers did an excellent job. The survey also evaluates civilian staff. Results weremixed, but themajority of respondents felt civilians were professional, respectful, and helpful. While some negative feedback increased regarding assistance in resolving situations, over half of the respondents rated civilian performance positively. Regular Session Minutes December 19, 2025 Page 5 Written comments were reviewed, which she categorized into 12 areas. The top recommendations for the third consecutive survey were stronger law enforcement and increased staffing, followed by increased traffic enforcement. She noted that many comments reflected confusion about HPD responsibilities or provided conflicting feedback, but overall indicated that the department is doing a good job. The next community satisfaction survey is scheduled for 2027. Commissioner Yamada asked about the last officersurvey; Ms. Laitinen stated it occurred beforeher tenure, around 2010 or 2012.Commissioner Buckman inquired about underrepresented community segments and whetherAIcould assist in analyzing responses. Further discussion followed regarding community outreach efforts and increasing public participation in future surveys. Recess was called at 10:08a.m., and themeeting reconvened at 10:24 a.m. UNFINISHED BUSINESS: POLICE CHIEF SELECTION PROCESS Chair Robinson reported that the Department of Human Resources (DHR) reviewed all applications and determined that 27 applicants met the minimum qualifications. Of those, 22 completed the interrogatory questionnaire. The completed questionnaires were scored by Commission members, and aggregate scores were compiled. Applicant identities remain confidential and are identified only by applicant ID numbers. Chair Robinson opened discussion on next steps. The Commission discussed how many candidates to advance to interviews, with consideration given to advancing five, six, ten, or eleven candidates. Discussion included whether interviews should be conducted remotely or in person, consistency of the interview process, candidate travel expenses, and ensuring fairness among candidates. Several Commissioners expressed a preference for in-person interviews and emphasized the importance of consistency across all candidates. The Commission reviewed score differentials between ranked applicants and discussed whether interviews would serve as a final selection step or if further narrowing would occur. Additional discussion included candidate commitment, disclosure of rankings, background checks, conditional offers, public testimony, and confidentiality of applicant information. Motion:Commissioner Tavares made a motion outlining the next steps in the Chief of Police selection process. The motion proposed that the candidates ranked in the top eleven be notified that they have advanced to the second round of consideration and the first round of interviews. Candidates will be informed of their ranking among the eleven at the time of notification. Candidates who accept the invitation will be nty. Those who accept will be Regular Session Minutes December 19, 2025 Page 6 interviewed in person, and the interview will serve as the final interview. Based on the in-person interviews of the candidates who accept, the Commission will select the Chief CommissionerLacerte seconded the motion. Discussion:Discussion followed regarding whether the interviews would be conducted in one day or over two meetings and related logistical considerations. Commissioner Tavares requested that counsel consult with Human Resources from a labor law perspective to ensure that the proposed process does not create any liability or provide an unintended advantage to any candidate and that the notification process is consistent and equitable for all candidates. Michelle Simmons expressed concern regarding whether informing candidates of their ranking was necessary, questioning whether the ranking would factor into the final selection orserve as a prerequisite to advance to the oral interview stage. She noted that if all candidates advance on a level playing field once interviews begin, providing rankings may be unnecessary. Commissioner Urban-Smith sought clarification on whether the intent was to invite the top eleven candidates for interviews and then select the Chief of Police from among those interviewed. Commissioner Yamada confirmed this understanding and raised concerns about whether one in-person interview per candidate would provide sufficient information to make such a significant leadership decision, suggesting consideration of additional steps in the process. Commissioner Tavares asked whether, upon candidates’ acceptance of the interview invitation, the Commission would be provided access to full application packets and resumes, as the process had remained anonymous to that point.Chair Robinson explained that in the previous selection process, Commissioners had access to application materials and interrogatory responses during interviews, and candidate identities were revealed after narrowing the pool. Commissioners discussed the role of background checks and other evaluative tools in the selection process. Ms. Simmons noted that the County Charter lists minimum requirements and does not specifically reference additional evaluations, deferring to counsel for guidance. DCCSalas-Ferguson advised that while minimum qualifications are established, the Commission has discretion over the selection process, including whether to incorporate background checks or other evaluative measures. Heclarified that interviews would occur during public meetings, allowing for public testimony on agenda items. Discussion also addressed anonymous written testimony. Chair Robinson expressed concern regarding anonymous submissions, while DCCSalas-Ferguson advised that Regular Session Minutes December 19, 2025 Page 7 public testimony may be submitted without identifying information and should be evaluated in accordance with the law. Following discussion, Chair Robinson asked whether there was a desire to amend the motion. The Commission reached consensus to not provide candidates with their individual rankings,and instead notify candidates only that they are among the top eleven advancing in the process. Amendment to the Motion:Commissioner Tavares moved to amend the motion on the floor to remove informing candidates of their specific ranking within the top eleven. Commissioner Lacerte seconded the amendment. There was no discussion. The amendment carried unanimously. Main Motion:Chair Robinson restated the amended motion to notify candidates that they are among the top eleven and invite them to participate in in-person interviews. Discussion:Commissioner Enriquez sought clarification that the Commission would proceed with interviews and selection even if fewer than eleven candidates accept the invitation. It was confirmed that the Commission would proceed with those candidates who accept. There being no further discussion, the motion carried unanimously. Follow-Up Actions and Scheduling:Chair Robinson requested that Ms. Simmons notify the top eleven candidates and extend invitations for in-person interviews. Discussion followed regarding consent forms and the release of candidate names. DCC Salas-Ferguson advised that candidates who do not wish to have their names released may withdraw from the process. Commissioner Yamada asked whether interrogatory responses could be linked to applicants, and Ms. Simmons confirmed that responses are associated with applicant ID numbers. Chair Robinson raised the issue of setting interview dates in advance, and the Commission agreed that providing as much notice as possible would be beneficial. Ms. Simmons indicated that two weeks’ notice would be reasonable, though one month would be preferable. Scheduling options were discussed, including the regularly scheduled meeting on January 30 in Kona and the possibility of a special meeting on January 29. Ms. Correa agreed to check availability. The Commission requested that both interview sessions be held in Kona, with a start time of 9:00 a.m. for each day. Administrative Process and Interviews:DCCSalas-Ferguson suggested that the Commission adopt a motion addressing administrative details related to the interview process. Regular Session Minutes December 19, 2025 Page 8 Motion: Commissioner Urban-Smith moved that Ms. Simmons contact the top eleven candidates to inform them that their names would be released as top candidates and to confirm whether they wished to proceed in the process. The motion further authorized inviting candidates to participate in in-person interviews in Kona on January 29 and/or January 30, with Ms. Simmons and Ms. Correa coordinating interview scheduling based on candidate availability and the number of candidates who accept, using one or two days as necessary. Commissioner Botelho seconded the motion. There was no discussion, and the motion carried unanimously. DCCSalas-Ferguson asked when application packets should be distributed. The Commission requested that they be provided as soon as possible. Background Checks and Conditional Offer:Commissioner Tavares raised the issue of formalizing a process for background checks, psychological evaluations, and related assessments for the selected candidate, noting that such requirements are standard for sworn officers and should be considered prior to finalizing an offer for Chief of Police. Discussion followed regarding whether these evaluationswould be necessary for candidates who are already sworn officers,and the use of a conditional offer of employment. The Commission requested that Ms. Simmons provide recommendations and a framework for consideration, and she agreed to do so. DCCSalas-Ferguson advised that if interviews are to be conducted the following month, interview questions would need to be finalized. Candidate Notification and Scheduling:Ms. Simmons asked whether a response deadline should be included in candidate notification letters. The Commission agreed to establish January 20 as the deadline for candidates to respond. Ms. Simmons stated she would notify candidates by Monday and include the January 20 deadline. Ms. Correa reported that the Kona Council Chambers had been reservedfor a special meeting on January 29 and that the regular meeting on January 30 was already scheduled to be held in Kona. DCCSalas-Ferguson stated that following the January 20 deadline, once the list of interviewees is finalized, candidate names may be released to the public. Interview Questions:The Commission reviewed and discussed sample finalist interview questions. It was agreed that Commissioners would individually review the questions and select preferred questions from each category. Commissioner Tavares requested a survey to collect rankings. Motion:Commissioner Tavares moved that Human Resources support the Police Commission by providing sample finalist questions to be ranked individually by each Regular Session Minutes December 19, 2025 Page 9 Commissioner, with the results compiled and returned to the Commission as a final list of interview questions. Commissioner Yamada seconded the motion. There was no discussion, and the motion carried. The Commission also discussed the interview format and agreed that Commissioners would rotate asking questions during the interviews. Motion:Commissioner Yamada moved that during the interview process, Commissioners rotate asking the interview questions. Commissioner Lacerte seconded the motion. There was no discussion, and the motion carried unanimously. DCC Salas-Ferguson raised the issue of interview scheduling and suggested that the Commission consider a formal motion to establish interview logistics. He recommended that candidates not being interviewed wait outside the meeting room while interviews are conducted. The Commission discussed scheduling interviews in one-hour increments per candidate, proposed interview times, and a lunch recess at 12:00 p.m. The use of time limits per question was also discussed, with the Chair serving as timekeeper. Ms. Simmons clarified that she would provide the application packets to Ms. Correa for distribution to the Commission. DCCSalas-Ferguson reminded the Commission that all application materials are confidential and must be secured appropriately. NEW BUSINESS and Procedure, the members of the Commission shall elect annually, in December, a Chair and Vice Chair to serve for the following calendar year. Commissioner Lacerte noted that Chair Robinson and Commissioner Bertsch would no longer be members of the Commission. Chair Robinson confirmed that their terms were ending, and Commissioner Buckman stated that he would be resigning from the Commission. Nomination for Chair:Commissioner Tavares nominated Commissioner Yamada to serve as Chair. Commissioner Yamada accepted the nomination. There being no further nominations, Commissioner Tavares moved to close nominations, which was seconded by Commissioner Botelho. With no discussion, the motion carried unanimously. Commissioner Yamada was elected Chair. Nomination for Vice Chair:Chair Robinsonthen opened nominations for Vice Chair. Commissioner Tavares nominated Commissioner Botelho. There being no further Regular Session Minutes December 19, 2025 Page 10 nominations, Commissioner Tavares moved to close nominations, seconded by Commissioner Yamada. Commissioner Botelho accepted the nomination. With no discussion, the motion carried unanimously, and Commissioner Botelho was elected Vice Chair. NEW BUSINESS Permitted Interaction Group (PIG): Discussion regarding the three-member PIG formed on August 30, 2024, which was created to review and recommend amendments to the Police Commission’s Rules of Practice and Procedure. The Commission terms of two PIG members end December, 2025; therefore, these two Commissioners will automatically cease to be PIG members. The Commission will decide whether to take the report of the PIG at this meeting and then create a new PIG, or allow the PIG created on August 30, 2024, to continue with one member. Commissioner Buckman presented a draft memorandum summarizing proposed revisions, including updates based on audit findings, chief selection procedures, and recommendations for improved public-facing materials and commissioner orientation. Chair Robinson acknowledged responsibility for the PIG not convening. DCCSalas- Ferguson clarified that the draft would be a one-way report only and that no discussion or action could be taken on the PIG report at this meeting. Commissioner Buckman stated his intent to remain a commission member through the completion of the Chief of Police selection process, if possible. DCCSalas-Ferguson advised that any discussion or action related to the PIG report must occur at a future meeting. The Commission agreed to schedule the matter after completion of the Chief selection process. Motion:Commissioner Tavares moved that the PIG report be formally presented to the Commission at the February Police Commission meeting. Commissioner Lacerte seconded the motion. There was no discussion, and the motion carried unanimously. EXECUTIVE SESSION (CLOSED TO THE PUBLIC) Commissioner Tavaresmovedto meet 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- County Charter Section 13-20 (b). Seconded by Commissioner Botelho, with no discussion, the motion carriedunanimously. Executive session convened at 11:59 a.m. Regular Session Minutes December 19, 2025 Page 11 Motion to reconvene open session made by Commissioner Lacerte, seconded by Commissioner Urban-Smith, with no discussion, and it carried unanimously. The regular session reconvened at 1:52p.m. ACTION ON EXECUTIVE SESSION MATTERS Investigation of complaints: o HPC 25-38: Complainant alleges employee was rude and unprofessional. Commissioner Tavares motioned to refer to the chief for customer service and procedural concerns.The motion was seconded by Commissioner Urban-Smith. There was no further discussion, and the motion carried, with all in favor except Commissioner Buckman, who voted nay. o HPC 25-40: Complainant alleges harassment by officers following multiple traffic citations. Commissioner Yamada motioned that there was insufficient evidence to prove the complainant’s allegations of misconduct, seconded by Commissioner Enriquez, with no discussion;the motion carried unanimously. Request for Representation by Corporation Counsel: o Correspondence No. 25-18: Humberto Michael Arguello v. Officer Debney Jaramillo, ET AL.; Civil No. CV25-00396-LEK-WRP. Commissioner Yamada motioned to approve the request for representation, seconded by Commissioner Buckman, with no discussion;the motion carried unanimously. ANNOUNCEMENTS Chair Robinson announced that thenext regular meeting is scheduled for Friday, Center, to conduct the Police Chief selection process. ADJOURNMENT The meeting adjourned at 1:56p.m. SUBMITTED BY:CHARISSE CORREA, SECRETARY APPROVED BY:GREG YAMADA, CHAIR