2000-02-09 Charter Commission Minutes

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minutes 02-09-00Page 29 of 41 discuss the Police Commission. If you want me to remove the ‘hearing’ in the Police Commission then I can do that too, but you haven’t voted to do that. You haven’t taken a vote on the Police Commission. IRVINE: What I liked, actually, about the Fire Commission, that they have also in their Police Commission here, is the beginning where there’s a Statement of Policy. It says why they are setting things up the way they are. It’s on page 54 of the Honolulu Charter. ‘In order to achieve their purposes, the Police Department shall be conducted in accordance with the following: (a) Standards of recruitment shall be designed to attract into the service persons with high degrees of education, intelligence, and personal stability. (b) Promotions shall be based upon fair standards of merit and ability which shall include peace keeping and law enforcement criteria. (c) Grievance procedures for the people and police officers for this city shall be based on due regard for their constitutional rights. Now, those are the specifics underneath their Statement of Policy which is up near the top. It’s like the Fire Commission, and it really spells out where we’re headed, and I think that part definitely doesn’t give the Commission any more power, but it may, at least, help people know, as Mr. Moe said, what they’re trying to do. And I recognize the fact that further down, on our Fire Commission stuff, Chris did say that there were three things that added to their powers if we put them in. (c) was review the department’s operations as deemed necessary for the purposes of recommending improvements to the Fire Chief. I guess our Police Commission, sort of, doesn’t do that now. And what Roland really didn’t like, ‘review personnel actions within the department for conformance with the policies under Section 6- 4.2, and that’s what I just read was 6-4.2. No, sorry, I did not. HERKES: You’re getting Police and Fire mixed up. You were reading Police, and you’re reading Fire now. IRVINE: Yes. Police and Fire. I just think we ought to go with better wording or provide our Police Commission - They can hire personnel necessary to carry out their functions, and I think, if nothing else, tell them that they are empowered to hire an attorney so that when there’s a conflict of interest between the Corp Counsel, who’s representing the Police and the Police Commission both, that they can hire independent counsel, the same way we have. Any one of these things might clarify their duties. RAY: To me, that’s a given under the present language. IRVINE: They don’t seem to understand that, though. SANTANGELO: That’s their responsibility. MARTIN: Yes, I happen to agree with John, and if, in fact, you read the Charter as it’s written, if the discussion is the Chief staying or not staying, fired or not being fired, it’s spelled out. They could have fired him a long time ago. IRVINE: You’re right. MARTIN: Stand up and do your job is what it comes down to. HERKES: But you need the votes. MARTIN: Again, if you bring it forth to the Commission and then the public sentiment comes into play, then, are they doing their job or aren’t they. Plain and simple. HERKES: I agree with you. RAY: If we want to just add some language that you mentioned in that first section, I guess that’s one issue. HERKES: Policy statements. RAY: Probably not particularly controversial. As far as the other language, the main section that seems to be controversial has to do with reviewing personnel policies, that one particular item. Does anybody have any feeling about that one particular - You want to read that again, Sue? IRVINE: When we were talking about transferring this to Police, it was Section 6-4.6(e). ‘Review personnel actions within the department for conformance with the policies under Section 6-4.2 of this Charter.’ So, 6-4.2 has the same sort of language that I was reading that they have in their Police Commission. file://\\coh01\cohweb\council\charter_commission\minutes\minutes 02-09-00.html7/1/2011