HomeMy WebLinkAboutCOM 0446.002 2010-2012BRENDA J. FORD
Council Member
District 7 - Central Kona
DATE:
Phone: (808) 323 -4277
Fax: (808) 329- 4786
E -Mail: bford @co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawaii
West Hawaii Civic Center
74 -5044 Ane Keohokalole Hwy.
Kailua -Kona, Hawaii 96740
November 15, 2011
TO: Dominic Yagong, Chairperson,
and Members of the Hawai`i County Council
FROM:
SUBJECT:
enda J. Ford, Council Member
Proposed Amendment To Bill No. 134; An Ordinance Initiating An Amendment
To The Hawai`i County Charter (2010 Edition) By Adding A New Article
Relating To Mandatory Drug Testing For Elected Officials And Amending
Article III, Section 3 -5, Article V, Section 5 -1.6, And Article Ix, Section 9 -6,
Relating To Removal Of Elected Officials.
Please find attached proposed amendments to Bill No. 134. The proposed amendment is
illustrated below in Ramseyer format with respect to the contents of Bill No. 134 and bolded for
emphasis (material to be deleted is bracketed and stricken through; material to be added is
underscored):
1) Section 1, Purpose, is amended to read:
"SECTION 1. Purpose. Hawai`i County believes that a healthy and productive work
force and safe working conditions free from the effects of drugs are important not only to
the County, but also to employees, volunteers, and the general public. Hawai`i County
employees must hold themselves, and be held, to the highest professional standards.
These standards mandatorily subject public safety officials and other union members to
random drug testing. Because elected officials are stewards of public trust, custodians of
public finances, and persons who hold leadership positions, they are subject to a higher
standard of scrutiny and responsibility and they too should be subject to mandatory drug
testing. The proposed amendments to the Hawai`i County Charter within this ordinance
Serving the Interests of the People of Our Island
Hawai`i County Is An Equal Opportunity Provider And Employer
Comm. No. 444, .
Ref. To Prase C' veiGil.
Ref. Date ,._Ba.2...
November 15, 2011
Page 2
will provide the public the assurance that the decision makers of the County are not under
the influence of any illicit substances.
The Compelling Interest Standard.
1. Extremely high use of illegal drugs in the County of Hawaii.
The County of Hawaii has the dubious distinction of having the
highest methamphetamine use in the United States. The State of Hawaii is
listed by the U.S. Department of Justice, Drug Enforcement Administration,
as an High Intensity Drug Trafficking Area (HIDTA) and therefore, is a port
of entry for importation of illegal drugs. In Resolution 127 -11 (see attached
Exhibit A) and Ordinance 11 -93 (see attached Exhibit B), both of which
passed on September 21, 2011, the County accepted $51,607 in a grant to
combat this problem. It is imperative that the mayor, the prosecuting
attorney, and the county council be free of the illicit use of proscribed drugs
to effectively function as elected officials.
2. Legislation may be negatively impacted by potential blackmail.
Since the county council passes assorted pieces of legislation each year
valued in the hundreds of millions of taxpayers dollars, its members must be
free of the negative influences of illegal drugs in their decisions regarding
public funds. Although there is no known use of illegal drugs by current
elected officials, the use of illegal drugs may place the mayor, the prosecuting
attorneys and council members in a position to be blackmailed into voting for
or against a piece of legislation that could be detrimental to the public; the
mayor may be pressured by blackmail into a veto of legislation vital to the
public interest but detrimental to special interests; and the prosecuting
attorney may or may not choose to prosecute a case if blackmailed.
Additionally, the mayor and the prosecuting attorney (Executive Branch),
and the council chairperson (Legislative Branch) may sign contracts that
may not be scrutinized by the other branch of government. Such awarded
contracts should not be subject to inappropriate circumstances.
3. Extreme weather conditions and public safety interests.
The County of Hawaii is subject to earthquakes, tsunamis,
hurricanes, tropical storms, tornadoes, flooding, landslides, mudslides, and
rockslides, dams bursting, and lava flows. Council members and the mayor
are subject to call for emergency meetings on very short notice if any of these
events occur.
The county council not only needs to advocate for public safety, it
needs to protect the public from itself by not driving under the influence of
an intoxicant. Since council members travel across the island and within
their respective districts and in sometimes perilous driving conditions, it is
imperative that the safety of the public not be jeopardized by any elected
official driving under the influence of an intoxicant. The mayor, prosecuting
attorney, and sometimes council members use County vehicles to travel.
November 15, 2011
Page 3
These vehicles should not be used by persons under the influence of
intoxicants at any time.
4. Sensitivity of information handled by elected officials.
The mayor, the prosecuting attorney, and the county council all
handle sensitive information regarding, pending lawsuits, personnel issues,
requests for bids, and funding issues. The sensitivity of these issues indicates
the need for elected officials to maintain the highest integrity and not be
controlled by intoxicants or subject to the threats of blackmail by special
interests.
5. The voters shall decide.
The voters of the County of Hawaii shall decide if their employees
(elected officials) shall be required to have an annual, random drug test by
voting on a charter amendment. Other jurisdictions apparently have not
allowed the voters to weigh in on this issue. Although some unions negotiate
contracts that allow for random drug testing, elected officials have continued
to be protected from such drug tests. A standard of fairness requires that
each elected official be held to an equal standard that we require of our
employees.
An elected official voluntarily takes an oath of office in order to serve
in that official capacity. Each elected official has the right to decline to take
an oath of office thereby relinquishing the elected official's right to hold
office. The county council now establishes a policy that by taking an oath of
office, the elected official voluntarily yields their Fourth Amendment
interests to the greater public interest. If the elected official so chooses, the
elected official does not need to take the oath of office and shall not serve in
office, thereby preserving the elected official's Fourth Amendment interests.
In conclusion, it is in the County's legitimate and compelling
governmental interests to assure the public that their elected officials do not
put the public at risk physically, financially, or by untoward acts against the
public interest, and that those elected officials discharge their duties
effectively. All aforementioned elected officials should have unimpeachable
integrity and judgment on the job. Under the conditions described above,
the danger of not testing elected officials in the County of Hawaii for illegal
drug use places the public at risk and therefore requires a departure from
the individual's Fourth Amendment interests. This drug testing policy is not
just symbolic; it is necessary to the fair, safe, and legal functioning of
government and is in the public's best interest. It is the public's best interest
that elected officials serve, not for their own gratification or the whim of
their inclinations."
November 15, 2011
Page 4
2. Section 2 is amended to read:
"SECTION 2. The Hawai`i County Charter (2010 Edition), is amended by
adding a new article to be appropriately designated and to read as follows:
"Article 17. Mandatory Drug Test for Elected Officials.
Section 17 -1. Purpose.
The county of Hawai`i supports a drug -free workplace and
acknowledges that the illegal or unauthorized use of drugs by elected
officials is expressly prohibited.
The purpose of this article is to deter and discourage the illegal use
of drugs by elected officials and prevent county employees and the tax
payers from being adversely affected by elected officials who use illicit
substances.
Section 17 -2. Definitions.
As used in this article:
"Drug" means any substance recognized as a drug in the United
States Pharmacopeia, the National Formulary, and the Federal Drug
Administration.
"Drug test" means the scientific analysis for the presence of drugs or
their metabolites in the human body in accordance with the State
department of health Rules on Substance Abuse Testing.
"Elected official" means a person duly elected by voters in the
county to serve as a council member, the mayor, or the prosecuting
attorney[:] and who has taken an oath of office.
"Illegal drug" means any drug that appears on a federal list of
illegal substances except for those drugs prescribed by a licensed
physician and used for medical necessity.
"Medical review officer" means a person who is a licensed physician
and who is responsible for receiving and reviewing laboratory results and
evaluating medical explanations for certain drug test results.
Section [17 2.] 17 -3. Drug Testing.
Once a year, the human resource director shall administer a drug
test for each elected official at a random time within the calendar year.
The cost of the drug test shall be paid by the elected official.
Section 17 -4. Notification of drug testing; voluntary agreement by
elected officials.
The council hereby establishes the policy that once an official -
elect takes the oath of office, the elected official voluntarily agrees to
submit to random drug testing for illegal drugs in compliance with
this policy.
November 15, 2011
Page 5
Section [17 3.] 17 -5. Refusals.
[Elected] It is the policy of the council that elected officials [m -a3=]
shall not refuse the administration of the required annual drug test by any
method, including:
(1) Refusal to take a test either by statement or actions;
(2) Refusal to sign appropriate forms as required;
(3) Failure to report for a scheduled appointment to provide a
specimen;
(4) Failure to report to the collections site in the time allotted;
(5) Tampering with our attempting to adulterate the specimen or
collection procedure;
(6) Failure to cooperate or comply with the collection site person,
substance abuse professional, or medical review officer; and
(7) Failure to provide adequate specimen within a reasonable time
period without a valid medical explanation.
Section [17 4.] 17 -6. Test Results.
(a) Upon a positive test result, the elected official shall be notified by a
licensed medical review officer of the state. The medical review
officer shall meet with the elected official to determine if there is a
legitimate cause for the positive test result. A legitimate cause
includes that the elected official obtained the drug pursuant to a
prescription issued by a licensed health professional authorized to
prescribe drugs and that elected official injected, ingested, or inhaled
the drug in accordance with the health professional's directions,
providing the prescription was obtained prior to the administering of
the drug test.
(b) The director of human resources shall notify the elected official of
the medical review officer's findings.
(c) If a positive test result is confirmed by the medical review officer,
an elected official may request that a split urine specimen be sent to
a different laboratory for testing. The request must be made within
seventy two hours of the notification of a confirmed positive test
result. Upon the elected official's request, the medical review officer
shall order testing of the split urine specimen. The elected official
must pay for the split sample test at the time of request. If the testing
of the split urine specimen fails to confirm the positive test result of
the initial drug test, the medical review officer shall render both tests
void, the records related to the voided tests shall be expunged, and
the cost of the split sample shall be reimbursed.
(d) If the primary drug test is positive and the elected official does not
request a split urine specimen test as provided in subsection (c), or a
positive drug test is confirmed by the split urine specimen test, the
elected official shall receive a disciplinary suspension without pay
for two consecutive pay periods, be required to be assessed by a drug
November 15, 2011
Page 6
treatment counselor, and enroll in drug education classes at the
recommendation of the drug treatment counselor. The elected
official shall then be required to take a follow -up test within ninety
days of:
(1) The initial drug test if the split urine specimen test is not
applied; or
(2) The split urine specimen test.
(e) Upon a positive follow -up test result:
(1) A council member shall be removed from office pursuant to
Section 3 -5;
(2) The mayor shall be removed from office pursuant to Section 5-
1.6; or
(3) The prosecuting attorney shall be removed from office
pursuant to Section 9 -6.
(e) Any vacancy occurring due to the provisions of this article shall be
filled as provided by this charter."
3. Section 8 is amended to read:
"SECTION 8. The charter amendment proposed in this ordinance shall
take effect upon its approval by a majority of voters voting thereon in the 2012
General Election. The provisions of this ordinance shall be applicable to officials
elected to County office in the 2012 General Election[:] and thereafter."
A draft copy of Bill No. 134, Draft 2, is attached with the proposed amendments incorporated
therein.
B J F /dkr
att.
AN ORDINANCE INITIATING AN AMENDMENT TO THE HAWAII COUNTY
CHARTER (2010 EDITION) BY ADDING A NEW ARTICLE RELATING TO
MANDATORY DRUG TESTING FOR ELECTED OFFICIALS AND AMENDING
ARTICLE III, SECTION 3 -5, ARTICLE V, SECTION 5 -1.6, AND ARTICLE IX,
SECTION 9 -6, RELATING TO REMOVAL OF ELECTED OFFICIALS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. Hawai`i County believes that a healthy and productive work
force and safe working conditions free from the effects of drugs are important not only to the
County, but also to employees, volunteers, and the general public. Hawai`i County employees
must hold themselves, and be held, to the highest professional standards. These standards
mandatorily subject public safety officials and other union members to random drug testing.
Because elected officials are stewards of public trust, custodians of public finances, and persons
who hold leadership positions, they are subject to a higher standard of scrutiny and responsibility
and they too should be subject to mandatory drug testing. The proposed amendments to the
Hawai`i County Charter within this ordinance will provide the public the assurance that the
decision makers of the County are not under the influence of any illicit substances.
The Compelling Interest Standard.
1. Extremely high use of illegal drugs in the County of Hawai`i.
The County of Hawai`i has the dubious distinction of having the highest
methamphetamine use in the United States. The State of Hawai`i is listed by the U.S.
Department of Justice, Drug Enforcement Administration, as an High Intensity Drug
Trafficking Area (HIDTA) and therefore, is a port of entry for importation of illegal
drugs. In Resolution 127 -11 (see attached Exhibit A) and Ordinance 11 -93 (see attached
Exhibit B), both of which passed on September 21, 2011, the County accepted $51,607 in
a grant to combat this problem. It is imperative that the mayor, the prosecuting attorney,
and the county council be free of the illicit use of proscribed drugs to effectively function
as elected officials.
2. Legislation may be negatively impacted by potential blackmail.
Since the county council passes assorted pieces of legislation each year valued in
the hundreds of millions of taxpayers dollars, its members must be free of the negative
influences of illegal drugs in their decisions regarding public funds. Although there is no
known use of illegal drugs by current elected officials, the use of illegal drugs may place
the mayor, the prosecuting attorney, and council members in a position to be blackmailed
into voting for or against a piece of legislation that could be detrimental to the public; the
mayor may be pressured by blackmail into a veto of legislation vital to the public interest
but detrimental to special interests; and the prosecuting attorney may or may not choose
to prosecute a case if blackmailed. Additionally, the mayor and the prosecuting attorney
(Executive Branch), and the council chairperson (Legislative Branch) may sign contracts
that may not be scrutinized by the other branch of government. Such awarded contracts
should not be subject to inappropriate circumstances.
3. Extreme weather conditions and public safety interests.
The County of Hawai`i is subject to earthquakes, tsunamis, hurricanes, tropical
storms, tornadoes, flooding, landslides, mudslides, and rockslides, dams bursting, and
lava flows. Council members and the mayor are subject to call for emergency meetings
on very short notice if any of these events occur.
The county council not only needs to advocate for public safety, it needs to
protect the public from itself by not driving under the influence of an intoxicant. Since
council members travel across the island and within their respective districts and in
sometimes perilous driving conditions, it is imperative that the safety of the public not be
jeopardized by any elected official driving under the influence of an intoxicant. The
mayor, prosecuting attorney, and sometimes council members use County vehicles to
travel. These vehicles should not be used by persons under the influence of intoxicants at
any time.
4. Sensitivity of information handled by elected officials.
The mayor, the prosecuting attorney, and the county council all handle sensitive
information regarding pending lawsuits, personnel issues, requests for bids, and funding
issues. The sensitivity of these issues indicates the need for elected officials to maintain
the highest integrity and not be controlled by intoxicants or subject to the threats of
blackmail by special interests.
5. The voters shall decide.
The voters of the County of Hawai`i shall decide if their employees (elected
officials) shall be required to have an annual, random drug test by voting on a charter
2
amendment. Other jurisdictions apparently have not allowed the voters to weigh in on
this issue. Although some unions negotiate contracts that allow for random drug testing,
elected officials have continued to be protected from such drug tests. A standard of
fairness requires that each elected official be held to an equal standard that we require of
our employees.
An elected official voluntarily takes an oath of office in order to serve in that
official capacity. Each elected official has the right to decline to take an oath of office
thereby relinquishing the elected official's right to hold office. The county council now
establishes a policy that by taking an oath of office, the elected official voluntarily yields
their Fourth Amendment interests to the greater public interest. If the elected official so
chooses, the elected official does not need to take the oath of office and shall not serve in
office, thereby preserving the elected official's Fourth Amendment interests.
In conclusion, it is in the County's legitimate and compelling governmental interests to
assure the public that their elected officials do not put the public at risk physically, financially, or
by untoward acts against the public interest, and that those elected officials discharge their duties
effectively. All aforementioned elected officials should have unimpeachable integrity and
judgment on the job. Under the conditions described above, the danger of not testing elected
officials in the County of Hawai`i for illegal drug use places the public at risk and therefore
requires a departure from the individual's Fourth Amendment interests. This drug testing policy
is not just symbolic; it is necessary to the fair, safe, and legal functioning of government and is in
the public's best interest. It is the public's best interest that elected officials serve, not for their
own gratification or the whim of their inclinations.
SECTION 2. The Hawai`i County Charter (2010 Edition), is amended by adding a new
article to be appropriately designated and to read as follows:
"Article 17. Mandatory Drug Test for Elected Officials.
Section 17 -1. Purpose.
The county of Hawai`i supports a drug -free workplace and acknowledges
that the illegal or unauthorized use of drugs by elected officials is expressly
prohibited.
The purpose of this article is to deter and discourage the illegal use of
drugs by elected officials and prevent county employees and the tax payers from
being adversely affected by elected officials who use illicit substances.
3
Section 17 -2. Definitions.
As used in this article:
"Drug" means any substance recognized as a drug in the United States
Pharmacopeia, the National Formulary, and the Federal Drug Administration.
"Drug test" means the scientific analysis for the presence of drugs or their
metabolites in the human body in accordance with the State department of health
Rules on Substance Abuse Testing.
"Elected official" means a person duly elected by voters in the county to
serve as a council member, the mayor, or the prosecuting attorney and who has
taken an oath of office.
"Illegal drug" means any drug that appears on a federal list of illegal
substances except for those drugs prescribed by a licensed physician and used for
medical necessity.
"Medical review officer" means a person who is a licensed physician and
who is responsible for receiving and reviewing laboratory results and evaluating
medical explanations for certain drug test results.
Section 17 -3. Drug Testing.
Once a year, the human resource director shall administer a drug test for
each elected official at a random time within the calendar year. The cost of the
drug test shall be paid by the elected official.
Section 17 -4. Notification of drug testing; voluntary agreement by elected
officials.
The council hereby establishes the policy that once an official -elect takes the
oath of office, the elected official voluntarily agrees to submit to random drug
testing for illegal drugs in compliance with this policy.
Section 17 -5. Refusals.
It is the policy of the council that elected officials shall not refuse the
administration of the required annual drug test by any method, including:
(1) Refusal to take a test either by statement or actions;
(2) Refusal to sign appropriate forms as required;
(3) Failure to report for a scheduled appointment to provide a specimen;
(4) Failure to report to the collections site in the time allotted;
(5) Tampering with our attempting to adulterate the specimen or
collection procedure;
(6) Failure to cooperate or comply with the collection site person,
substance abuse professional, or medical review officer; and
(7) Failure to provide adequate specimen within a reasonable time period
without a valid medical explanation.
Section 17 -6. Test Results.
(a) Upon a positive test result, the elected official shall be notified by a licensed
medical review officer of the state. The medical review officer shall meet
with the elected official to determine if there is a legitimate cause for the
4
positive test result. A legitimate cause includes that the elected official
obtained the drug pursuant to a prescription issued by a licensed health
professional authorized to prescribe drugs and that elected official injected,
ingested, or inhaled the drug in accordance with the health professional's
directions, providing the prescription was obtained prior to the
administering of the drug test.
(b) The director of human resources shall notify the elected official of the
medical review officer's findings.
(c) If a positive test result is confirmed by the medical review officer, an
elected official may request that a split urine specimen be sent to a different
laboratory for testing. The request must be made within seventy two hours
of the notification of a confirmed positive test result. Upon the elected
official's request, the medical review officer shall order testing of the split
urine specimen. The elected official must pay for the split sample test at the
time of request. If the testing of the split urine specimen fails to confirm the
positive test result of the initial drug test, the medical review officer shall
render both tests void, the records related to the voided tests shall be
expunged, and the cost of the split sample shall be reimbursed.
(d) If the primary drug test is positive and the elected official does not request a
split urine specimen test as provided in subsection (c), or a positive drug test
is confirmed by the split urine specimen test, the elected official shall
receive a disciplinary suspension without pay for two consecutive pay
periods, be required to be assessed by a drug treatment counselor, and enroll
in drug education classes at the recommendation of the drug treatment
counselor. The elected official shall then be required to take a follow -up test
within ninety days of:
(1) The initial drug test if the split urine specimen test is not applied; or
(2) The split urine specimen test.
(e) Upon a positive follow -up test result:
(1) A council member shall be removed from office pursuant to Section 3-
5;
(2) The mayor shall be removed from office pursuant to Section 5 -1.6; or
(3) The prosecuting attorney shall be removed from office pursuant to
Section 9 -6.
(e) Any vacancy occurring due to the provisions of this article shall be filled as
provided by this charter."
SECTION 3. Article III, section 3 -5, Hawai`i County Charter (2010 Edition), is
amended to read as follows:
"Section 3 -5. Removal of Council Members.
(a) Any council member may be removed by impeachment or recall
proceedings as provided by this charter.
(b) A council member shall be removed from office for failure of the mandatory
drug test for elected officials, pursuant to Section 17 -4."
5
SECTION 4. Article V, section 5 -1.6, Hawai`i County Charter (2010 Edition), is
amended to read as follows:
"Section 5 -1.6. Removal of Mayor.
(a) The mayor may be removed by impeachment or recall proceedings as
provided by this charter.
(b) The mayor shall be removed from office for failure of the mandatory drug
test for elected officials, pursuant to Section 17 -4."
SECTION 5. Article IX, section 9 -6, Hawai`i County Charter (2010 Edition), is
amended to read as follows:
"Section 9 -6. Removal of Prosecuting Attorney.
(a) The prosecuting attorney may be removed by impeachment or recall
proceedings as provided by this charter.
(b) The prosecuting attorney shall be removed from office for failure of the
mandatory drug test for elected officials, pursuant to Section 17 -4."
SECTION 6. Severability. If any provision of this ordinance, or the application
thereof to any person or circumstance, is held invalid, such invalidity shall not affect
other provisions or applications of the ordinance, which can be given effect without the
invalid provision or application, and to this end, the provisions of this ordinance are
declared to be severable.
SECTION 7. For Sections 3, 4, and 5 of this ordinance, charter language to be
added is underscored. When revising, compiling or printing these charter provisions for
inclusion in the charter of the County of Hawai`i, the reviser need not include the
underscoring.
SECTION 8. The charter amendment proposed in this ordinance shall take effect
upon its approval by a majority of voters voting thereon in the 2012 General Election.
The provisions of this ordinance shall be applicable to officials elected to County office
in the 2012 General Election and thereafter.
6
COUNTY OF HAWAII
EXHIBIT A
STATE OF HAWAII
RESOLUTION NO. 127 11
RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE U. S. DEPARTMENT OF JUSTICE PURSUANT TO HRS
46 -7, FOR A JOINT HAWAII AIRPORT TASKFORCE BETWEEN THE DRUG
ENFORCEMENT ADMINISTRATION AND THE HAWAII POLICE DEPARTMENT
WHEREAS, the United States Department of Justice, Drug Enforcement
Administration (DEA) has authorized funding for the purpose of creating and
maintaining a joint task force with the Hawaii Police Department for a period not less
than two (2) years from the agreement date of October 1, 2011; and
WHEREAS, the monies, derived from Federal Funds, will be used to disrupt illicit
drug traffic in Hawaii, gather and report intelligence data relating to trafficking in
narcotics and conduct covert operations; and
WHEREAS, the Hawaii Police Department officers assigned to the task force
shall be deputized as Task Force Officers of the DEA pursuant to 21 U.S.C. 878; and
WHEREAS, the Agreement is for High Intensity Drug Trafficking Area (HIDTA)
funded positions, with overtime incurred by Hawai'i Police Department personnel
associated with this task force, to be reimbursed by HIDTA up to a sum equivalent to 25
percent of the salary of a GS -12, Step 1, Federal employee (currently $17,202.25) per
officer; and
WHEREAS, Hawaii Revised Statutes, Section 46 -7, requires that County
departments obtain the consent of the Council to enter into agreements with the Federal
or State governments respecting action to be taken pursuant to any of the powers
granted by law to furnish, expend, and receive any funds or other assistance in
connection with projects being or to be undertaken pursuant to those powers; now,
therefore,
EXHIBIT A
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with section 46 -7, Hawai'i Revised Statutes, that the Mayor of the County of
Hawaii is authorized to execute, on behalf of the County, an agreement, a draft of
which is attached hereto and incorporated herein by reference as Exhibit "A ", and
related documents to enable the County to execute the Hawai'i Airport Task Force.
BE IT FINALLY RESOLVED that the County Clerk of the County of
Hawai'i shall transmit copies of this resolution to the Office of the Mayor, the
Finance Department, and the Hawai'i Police Department.
Dated at Kona , Hawai'i, this 21st day of September , 2011.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawai`i
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on September 21 , 2011
ATTEST:
rrAdin
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
Reference:
RESOLUTION NO.
C- 324/FC -100
12' 11
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
I
7
2
0
0 1
Reference:
RESOLUTION NO.
C- 324/FC -100
12' 11
EXHIBIT A
HAWAII AIRPORT TASK FORCE
(HIDTA Funded)
STATE AND LOCAL HIDTA TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
AND
THE HAWAII COUNTY POLICE DEPARTMENT
This agreement is made this 1" day of October 2011, between the United States
Department ofiustice. Drug Enforcement Administration (hereinafter "DEA "). and the
Hawaii County Police Department (hereinafter "HCPD ").
Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the
State of Hawaii and that such illegal activity has a substantial and detrimental effect on
the health and general welfare of the people of Hawaii. the parties hereto agree to the
following:
1. The Hawaii Airport Task Force (hereinafter "HATF ") will perform the activities and
duties described below:
a. disrupt the illicit drug traffic in the Hawaii area by immobilizing targeted
violators and trafficking organizations;
b. gather and report intelligence data relating to trafficking in narcotics and
dangerous drugs; and
c. conduct undercover operations where appropriate and engage in other traditional
methods of investigation in order that the HATF's activities will result in effective
prosecution before the courts of the United States and the State of Hawaii.
2. To accomplish the objectives of the HATF, the HCPD agrees to detail up to three (3)
experienced officers to the HATF. for a period of not less than two years. During this
period of assignment. and while engaged in DEA operations, the three (3) HCPD
officers will be under the direct supervision and control of DEA supervisory
personnel assigned to the task force.
3. The HCPD officers assigned to the HATF shall adhere to all DEA policies and
procedures. Failure to adhere to DEA policies and procedures shall be grounds for
dismissal from the task force.
4. The HCPD officers assigned to the HATF shall be deputized as Task Force Officers
of DEA pursuant to 21 U.S.C. 878.
EXHIBIT "A"
EXHIBIT A
5. 7 To accomplish the objectives of the HATF, DEA will assign two (2) Special Agents
to the HATF. HIDTA will also. subject to the availability of annually appropriated
funds or any continuing resolution thereof, provide necessary funds and equipment to
support the activities of the DEA Special Agents and the HCPD officers assigned to
the HATF. This support may include: office space. office supplies, travel funds, funds
for the purchase of evidence and information, investigative equipment. training, and
other support items.
6. During the period of assignment to the HATF. the HCPD will remain responsible for
establishing the salary and benefits. including overtime, of the HCPD officers
assigned to the HATF and for making all payments due them. HIDTA will. subject to
availability of funds, reimburse the HCPD for overtime payments made by it to the
HCPD officers assigned to the HATF for overtime. up to a sum equivalent to 25
percent of the salary of a GS -12. Step 1. Federal employee. (currently $17.202.25).
per officer.
7. In no event will the HCPD charge any indirect cost rate to DEA for the administration
or implementation of this agreement.
8. The HCPD shall maintain on a current basis complete and accurate records and
accounts of all obligations and expenditures of funds under this agreement in
accordance with generally accepted accounting principles and instructions provided
by DEA to facilitate on -site inspection and auditing of such records and accounts.
9. The HCPD shall permit and have readily available for examination and auditing by
DEA, the United States Department of Justice, the Comptroller General of the United
States, and any of their duly authorized representatives, any and all records,
documents. accounts, invoices. receipts or expenditures relating to this agreement.
The HCPD shall maintain all such reports and records until all audits and
examinations are completed and resolved. or for a period of three (3) years after
termination of this agreement. whichever is sooner.
10. The HCPD shall comply with Title VI of the Civil Rights Act of 1 964. Section 504 of
the Rehabilitation Act of 1973. the Age Discrimination Act of 1975, as amended. and
all requirements imposed by or pursuant to the regulations of the United States
Department of Justice implementing those laws, 28 C.F.R., Part 42, Subparts C, F, G,
H and 1.
1L The HCPD agrees that an authorized officer or employee will execute and return to
DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment,
Suspension and Other Responsibility Matters; and Drug -Free Workplace
Requirements. The HCPD acknowledges that this agreement will not take effect and
no Federal funds will be awarded to the HCPD by DEA until the completed
certification is received.
EXHIBIT A
12. When issuing statements, press releases. requests for proposals. bid solicitations. and
other documents describing projects or programs funded in whole or in part with
Federal money, the HCPD shall clearly state: (1) the percentage of the total cost of
the program or project which will be financed with Federal money and (2) the dollar
amount of Federal funds for the project or program.
13. The term of this agreement shall be effective from the date in paragraph number one
(1) until September 30, 2012. This agreement may be terminated by either party on
thirty days' advance written notice. Billings for all outstanding obligations must be
received by DEA within 90 days of the date of termination of this agreement. DEA
will be responsible only for obligations incurred by HCPD during the term of this
agreement.
For the Drug Enforcement Administration:
By: Date:
Timothy J. Landrum
Special Agent in Charge
Los Angeles Field Division
For the County of Hawaii County:
By: Date:
William Kenoi
Mayor
Recommending Approval:
By:
Ha •
. Kubojiri
Poli Chief
Hawaii County Police Department
Approved as to Form and Legality:
DateJUL 2 7 2011
By: Date:
Lincoln Ashida
Corporation Counsel
EXHIBIT A
ATTACHMENTS:
(1). OJP Form 4061 /6 (3 -91): Certifications Regarding Lobbying: Debarment.
Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements
(2). Roster of Local State, or Federal Agency Personnel Assigned to the Hawaii Airport
Task Force
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 28 CFR Part 69, for persons entering into a
grant or cooperative agreement over 1100,000, as defined at
28 CFR Part 69, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for in-
fluencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in con -
nection with the making of any Federal grant, the entering into
of any cooperative agreement, and extension, continuation,
renewal, amendment, or modification of any Federal grant or
cooperative agreement;
(b) If any funds other than Federal appropriated funds have
been paid or wit be paid to any person for influencing or at-
tempting to influence an officer or employee of any agency. a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
Federal grant or cooperative agreement. the undersigned shall
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," its accordance with ts instructions;
{c) The undersigned shall require that the language of this cer-
tificatron be included in the award documents for all subawards
at all tiers (including subgrants, contracts under grants and
cooperative agreements, and subcontracts) and that all sub -
recipients shall certify and disclose accordingly.
DEBARMENT, ATSION, AND OTHER SUSPENSION,
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and
Suspension, and implemented at 28 CFR Prt 67, for prospec-
tive participants in primary covered transactions, as defined at
28 CFR Part 67, Section 67.510-
A The applicant cert ties that it and its principals:
{a) Are not presently debarred. suspended, proposed for debar-
ment, declared ineligible sentenced to a denial of Federal
benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal Department
or agency:
(b) Have not within a three -year period preceding this applica-
tion been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connec-
tion with obtaining, attempting to obtain, or performing a
public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or Stale antitrust
statutes or commission of embezzlement, theft forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
(d) Have not within a three -year period preceding this applica-
tion had one or more public transactions (Federal, Stale, or
local) terminated for cause or default; and
8. Where the applicant is unable to certify to any of the
statements in this certification, he or she shall attach an
explanation to this application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR -Part 67, Subpart F, for grantees as
defined at 28 CFR Part 67 Sections 67.615 and 67.6�20-
A. The applicant certifies that it will or will continue to provide
a drug -free workplace by:
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against
employees for violation oT such prohibition;
(b) Establishing an on -going drug -free awareness program to
inform employees about -
(1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
ment required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the
grant, the employee will-
OJP FORM 4061/6 (3 -91) REPLACES OJP FORMS 4061/2, 4062/3 AND 406114 WHICH ARE OBSOLETE.
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal crug statute occurring in the workplace
no later than five calendar days after such conviction;
(e) Notifying the agency, in writing, within 10 calendar days
after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such convic-
tion. Employers of convicted employees must provide notice
including position title 10: Department of Justice, Office o)
Justice Programs, ATTN: Control Desk, 633 Indiana Avenue,
N.W.. Washington, D.C. 20531. Notice shall include the iden-
tification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an
employee, up to and including termination consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, State, or local health, law enforce-
ment. or other appropriate agency:
(g) Making a good faith effort to continue to maintain a drug -
free workplace through implementation of paragraphs (a), (b),
(c), (d), (e), and (f).
B. The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, country, state, zip
code)
EXIIBIT A
Check ❑ if there are workplace on file that are not identified
here.
Section 67, 630 of the regulations provides that a grantee that
is a State may elect to make one certification in each Federal
fiscal year. A copy of which should be included with each ap-
plication for Department of Justice funding. States and State
agencies may elect to use OJP Form 4061/7.
Check ❑ if the State has elected to complete OJP Form
4061/7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as
defined at 28 CFR Part 67; Sections 67.615 and 67.620 -
A. As a condition of the grant I certify that I will not engage
in the unlawful manufacture distribution, dispensing, posses-
sion, or use of a controlled substance in condition any
activity with the grant; and
B. If convinced of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, I
will report the conviction, in writing, within 10 calendar days
of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W.,
Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
Harry S. Kubojiri
1. Grantee Name and Address: Police Chief
Hawaii County Police Department
349 Kapiolani St.
Hilo, HI 96720
certifications.
2. Application Number and /or Project Name
3. Grantee IRSNendor Number
4. Typed Name and Title of Authorized Representative
5. Signature
JUL 2 7 2011
6. Date
COUNTY OF HAWAII
EXHIBIT B
STATE OF HAWAII
BILL NO. 86
ORDINANCE NO. 11 93
AN ORDINANCE TO AMEND ORDINANCE NO. 11 -59, AS AMENDED, THE OPERATING BUDGET FOR
THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2012.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Ordinance No. 11 -59, as amended, is hereby further amended by increasing revenues in the
following amount(s) to the fund(s) as set forth in Section 2.
Account No. Source Fund Amount
3302.98 Federal Grants — HI Impact Grant General $ 51,607
Total
$ 51,607
SECTION 2. The foregoing amount(s) as specified in Section 1 hereof is /are hereby appropriated to the following
fund(s) and expenditure account(s) as set forth herein below:
Account No. Function and Activity Fund Amount
010.201.5219.93 Federal Grants — HE Impact Grant General $ 51,607
Total
$ 51,607
SECTION 3. A final report, or the final report required by the grantor, shall be submitted to the Council upon
completion of the grant program(s).
SECTION 4. This ordinance shall take effect upon its approval.
Introduced By:
Council Member, County of Hawai`i
Hilo , Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
September 21, 2011
September 21, 2011
October 5, 2011
October 24, 2011
R'EFERENCE' Comm. 324
Introduced By:
Date Introduced:
First Reading:
Published:
RE'NIARKS:
COUNTY C IBIT B
OFFICE OF THE COUNTY CLERK' LERK COUNTY OF HAWAII
County of Hawai`i
Hilo, Hawaii 1011 OCT 25 AM 8: 13
Brenda Ford
September 21, 2011
September 21, 2011
October 1, 2011
Second Reading: October 5, 2011
To Mayor: October 14 , 2011
Returned: October 25, 2011
Effective: Qtober 24, 2011
Published: November 5, 2011
REMARKS:
RoLI. CALL. VOTE
ROLL C'AL[. VOTE:
AYES \ NOES ABS
LX
Blas
X
Blas
X
Ford
Hoffmann
Ikeda
Ford
X
Onishi
Hoffmann
X
Pilago
X
Ikeda
Onishi
X
�- - - - - --
--- X.. --I-
- - -0
Pilago
X
Smart
Yagong
X
1
Yagong
Yoshimoto
X
X
7
2
ROLL C'AL[. VOTE:
l 1)0 HEREBY CERTIFY that (he, /oregoing BILL. was adopted by the C'ounl)' ('ouncil published as
ineliccriecl above.
APPROVED AS TO
FORM AND LEG LITY:
DEPU Y CORPORATION COUNSEL
COUNTY OF HAWAII
Date
/C <(7- /r
.-I pprorecd D ippruuvvecl this
ai
of
, 20 VI
AIA YOR, COUNTY OF 1-IA WAI '1
10)'
•
('O(A'C /L ('1.- IIRPIRSO.'t'
)(..\T} CLERK
Bill No.:
Reference:
Ord No.:
86
C- 324/FC -101
1, 93
AYES
NOES
ABS �
4
!
IA.
Blas
X
Ford
Hoffmann
Ikeda
X
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
L - _.._._--
..- ._._ - - --
l 1)0 HEREBY CERTIFY that (he, /oregoing BILL. was adopted by the C'ounl)' ('ouncil published as
ineliccriecl above.
APPROVED AS TO
FORM AND LEG LITY:
DEPU Y CORPORATION COUNSEL
COUNTY OF HAWAII
Date
/C <(7- /r
.-I pprorecd D ippruuvvecl this
ai
of
, 20 VI
AIA YOR, COUNTY OF 1-IA WAI '1
10)'
•
('O(A'C /L ('1.- IIRPIRSO.'t'
)(..\T} CLERK
Bill No.:
Reference:
Ord No.:
86
C- 324/FC -101
1, 93