2008-04-07_Bill 270_Ordinance_re_Office_of_Police_Oversight

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Honorable Brenda Ford April 7, 2008 Page 9 public,6 the citizen complainant is advised whether the police officer was sanctioned or not. 3. Questions raised by Councilwoman Brenda Ford. Councilwoman Brenda Ford raised questions regarding this bill. With respect to "who" is accountable to the public for the conduct of the police, Chief Mahuna on March 24`h succinctly answered in no uncertain terms it is the Police Chief. Under the present system of our laws, the mayor nominates police commissioners from each of the Council districts, who must be confirmed by the Council. These commissioners alone are responsible for the hiring and firing of the Chief. This system ensures neither the administration or council will have unfettered and unilateral authority or influence in the hiring and firing of the chief. This system best illustrates the wisdom of checks and balances found in our Hawai'i County Charter (2000). Councilwoman Ford also sought additional information concerning national accreditation and video cameras in patrol vehicles. These administrative and operational matters should be covered by the police department representatives at the April 8, 2008 meeting where continued discussion on Bill 270 will occur. 4. Will the Council lose its legislative immunity if it passes Bill 270 and essentially manages the Office of Police Oversight and Complaints? Article III, Section 7 of the Hawai'i State Constitution provides for the legislative immunity of State legislators "for any statement made or action taken in the exercise of the member's legislative functions." There is no corollary provision in our Charter for Council members. However, it is long recognized in municipal government that council members performing legislative functions are immune from legal action. In Hawaii, the determination of what constitutes a "legislative function" is left to a case-by-case analysis and determination. Abercrombie v. McClung, 55 Haw. 595, 525 P.2d 594 (1974). We need look no further than Article III, Section 3-1 of the Hawaii County Charter (2000) for a proper definition of legislative function in our county. That section provides as follows (emphasis supplied): Powers and functions. The legislative powers of the county shall be vested in the county council. Its primary function shall be legislation and public policy formulation, as distinct and separate from the executive administration of county government. 6 Chapter 92F, Hawaii Revised Statutes, as amended.