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HomeMy WebLinkAboutMIN CHC 1989-04-04 Minutes of HAWAII COUNTY CHARTER COMMISSION April 4, 1989 I . CALL TO ORDER Chairman Bob Bethea called the meeting to order at approximately 3 : 36 p.m. at the Departmentof Liquor Control Conference Room, 101 Aupuni Street, Hilo, 'Hawaii . II . ROLL CALL Members Robert E. Bethea, Chairman Present: Sherwood Greenwell, Co-Chairman Pamela F. Cushnie Francine Duncan James 0. Juvik Aileen Lum Steven T. Nishikawa Akira T. Omonaka Patricia M. Poppe Secretary : R. Marie Jacobs Members David Fuertes Absent: H. Peter L'Orange Others Jack Smoot, West Hawaii Community Present: Francis McMahon, West Hawaii Community Sam Page, West Hawaii Community Zachary Smith, University of Hawaii Frederick Giannini , Corporation Counsel John. R. Hughes , KIPA Gordon Pang, West Hawaii Today Bill Bennett , West Hawaii Community Jan Bibb, Department of Liquor Control Victor Vierra, Police Department Thomas Bellow, Fire Department III . REVIEW/APPROVE MINUTES OF 03/08/89 Upon motion made by Patricia Poppe and seconded by Akira Omonaka, the minutes were unanimously approved. IV. FINANCIAL REPORT Additional expenses incurred since the last meeting are: Mileage reimbursement: 439 .48 ; travel: 94. 91; telephone: 149 . 69 ; printing: 52 .09 ; office supplies : 63. 95 ; ;equip- ment: 310. 96; advertising: 53.63 , for a total of '$1, 164. 71. Total expenditures to date is $2, 245 . 19. 163 r V. GENERAL ITEM(S) A. Discussed purchasing recording-transcribing equipment sometime in the near future. VI . ALTERNATIVE FORMS OF MUNICIPAL GOVERNMENT By Zachary Smith (Verbatim) SMITH: Thank you for inviting me here today. You. . . I assume that you all have a copy of my, remarks ,:(Attachment A) as distributed. Let me say first off that I 'm not responsi- ble for typographical errors that might appear in the document. However , I do take responsibility (inaudible) for the substantive (inaudible) I ' ve made. The. . . there are a couple of different ways I can proceed with this today and I ' ll leave it up to the commission to decide how you would like me to do this . I .can either summarize from the docu- ment. or I could start with some of your questions and then delve into various portions of the document that you're most interested in., based on your questions . It ' s your choice. Since you've all read the document, I 'm not sure it ' s necessary for me to summarize it. It might be more useful to start with questions, and then I will summarize and go into as much depth as you like in those aspects of the document in which you're curious . BETHEA: Well, I . . .go ahead . CUSHNIE: I ' ll give you a question for openers . BETHEA: Sure, alright. CUSHNIE: Mr . Smith, thank you, it was most interest- ing. Page 9 and 10 you delve into, are elections cost free to the public or taxpayer , and you conclude no. Does not the bidding process create an equitable pricing for these services? SMITH: Theoretically, yes . But in most local government jurisdictions, in fact, the bidding process works more to the advantage to some interests than to others . And all of the things being usual, although they rarely are, those that are. . . those that are used oft. . . those that are most often advantaged are those that do business with local government. CUSHNIE: Would you explain how though in open bidding process , ' , somebody let ' s say , who hypothetically has not donated money to a mayoral campaign, and yet submits the lowest bid for a project in Public Works , would not be chosen? BETHEA: Generally speaking, there are. . . there are 164 clauses , or there are contingencies within a proposal, or invitation to submit proposal. . .proposals, that allow discretion to be made to determine which group would be. . . would be accepted. In other words , the lowest bid doesn' t have to be accepted. And it is that discretion wherein lies the potential for abuse. CUSHNIE: So the discretion is more than just on a . . .objective basis, you feel it ' s often on a subjective basis? SMITH: Right, by definition. CUSHNIE: Do you feel there' s no way then to hold the departments accountable for an explanation? SMITH: I feel that. . . that a certain amount of admin- istrative discretion is necessary to be sure. CUSHNIE: Uh-huh. SMITH: However , administrative discretion exercised within an environment that is politically infused. . . politically charged is more likely to be exercised in a manner that is not the most cost efficient for a local government. BETHEA: Other . questions. .about any aspect of . . . I have a question about the strong-mayor.-'form of government which I understand or I 've always thought that we had And it seems to me that there are checks along that (inaudible) that' s been demonstrated over the years , and that ' s the County Council. Sometimes the. . .you have wars between the mayor and the Council over curves , but it doesn' t seem to me that a strong-mayor government of the form that we have here gives the mayor unchecked power . Would you comment on that? SMITH: The. . . let me, in fact., backup for a minute . if I will. The history of local government organization . . .modern government organization, is taking us back to shortly after the turn of the centuries when the struggle between where the power should be located within a mayor ' s office or within a council ' s office or within a bureau- cratic organization. And that struggle has often been framed in terms of whether or not there would be politics or . . .or as much as possible, a politics-free environment in administrative decision-making and administrative discretion. Since about the 1930s,, most people who have studied local government have come to the conclusion that it ' s absurd to think in terms of the administration' s local government programs as being politic. . .politics free. 165 You can' t take the politics out of local government regard- less of what sort of apparatus you set up. Then the question is , the idea then`.shifts to identifying that form of organization that most readily identifies where the power and responsibility is for administrative discretion or for decision making. There are a varietyof different forms that can be put together . One way is to have the focus of power focussed on the mayor , a strong-mayor system, giving extensive appointive powers , etcetera. There are advantages and disadvantages to each. In one paragraph here, I argued for . . . for weaken- ing some of the mayor ' s powers and transferring some of those powers to the Council. There are advantages and disadvantages to doing that. The primary benefit I would see to the County in doing that is that it would facilitate the appointments--at the very highest levels-- of professional. . .professionally trained administrators to run the major departments in the County. That ' s the primary advantage that I see. In other words , the. . . BETHEA: How is that an advantage to run it? SMITH: That advantage is derived by removing from the mayor , and therefore weakening the strong-mayor system, to this extent: removing from the mayor powers to directly appoint the heads of administrative agencies . The major concern. . . BETHEA: That ' s the part that ' s subject to approval of the Council? SMITH: It would be subject to the approval of the Council. . .approval of the Council. There are a variety of different ways this can be done, incidentally. And you could still achieve part of the same result without directly taking those powers away from the mayor . One thing you could do, for example, would be to require minimum qualifications within the County Charter for the major County departments . That would be a way to further professionalize the administration and the County bureaucracy. And that might be the better alternative to taking those powers directly away from the mayor . But the alternative that I speak of. . .or I spoke of in here would be to take those powers away from the mayor and either give them to a managing director who would be professionally recruited by. . .either by the Council or the mayor , and then have the managing director make those appointments , subject to the approval of the Council and/or the mayor . The bottom line in any of these schemes then is to professionalize. . . further professionalize the bureaucracy and the administration candidate program. One additional point which I didn ' t mention in here. 166 I wouldn' t recommend that any of this happen anytime soon. Because I wouldn' t want to propose or I wouldn' t suggest that you propose jeopardizing anyone' s current position. It should be maybe a longer term thing (inaudible) ,this route. There are obvious advantages in that, not the least of which are political. BETHEA: (Inaudible. ) I 'm really trying to understand, the mayor , with the exception of the managing director , nominates or makes an appointment subject to the approval of the Council. It seems to me that that isn' t. . . the mayor certainly has the first go at it. But as . . .as we have seen, you know, the Council speaks with a different voice and I just. . . I don' t know what you're talking about, how different that is , how it really works for more professionalism if, in any event, you end up with someone nominating someone and you then, for example, you said subject to the approval of the mayor or . . . SMITH: I see. . . I see where you' re going. BETHEA: Yeah . SMITH: The assumption is . . .my assumption is that if you. . . if a professional managing director were hired, and that individual was given the responsibility for professionally recruiting:.and filling those positions , that we would find professionals for . And we 're only talking about the top slots now. That. . . that individual would find professionals to. . .and make recommendations based on that recruiting process . As it is , we don' t follow the standard recruiting process that local governments do across the country. As I mentioned to you, the examples I gave. . . I didn' t bring any today--the examples that I gave, it ' s common for small governments with budgets a fraction of the size of our budget to recruit nationwide to bring in professionally trained people. That doesn' t, however , exclude local people. Far from it. There 's a lot of talent right here on the island that ' s not utilized because the primary prerequisite for administrative appointments--it has seemed to me in the seven years that I ' ve been, observing county governments--it ' s been political service to the mayor and the continuation of that political service, which I think is even more of a problem. Did that help? BETHEA: Well, I don ' t think I agree with it, but you're entitled to your opinion. I look at the County engineer , and I don' t know whether he ' s deemed to be very capable among most people, or a .qualified professional engineer . I don' t know, it doesn ' t . . . I don' t think I agree with the analysis, but isn' t one difference here that in 167 many parts of the country where you 've had municipal govern- ments performing functions similar to that performed by the County, so that b e 1 o w t _h..e_ municipal_.government, there may be a layer of county government and then, you know, a three-tiered system where you have a state government, a county government, and then a municipal system that may have less responsibility. Whereas here, the County government is the city government. It is the government. There are only two of them. Isn' t that. . . isn' t that a difference? SMITH: That is the difference to an extent. However , there are. . . there are city-county consolidations in govern- ments--Dade County, and in Toronto and Canada and various other . . . in various other areas . And in those counties , it ' s the. . . the extent of the politicalization of the appointment processis not evident as it is in this County. In other words , I don' t think that by nature, our system is . . . inherently lends itself to the type of system that we have, or the type of appointive system that we have. Let me back up just a minute. I agree with you that we have some very highly quali- fied, excellent County administrators , and I wasn' t meaning to paint with too broad of a brush. My experience has been, and I had this experience more times than I care to remember , is , in isolated instances with people I come in contact with in the very highest levels , is . . .administrative positions that (inaudible) nothing and know very little about the professional literature and what ' s going on in those agencies . And I think that that ' s unfortunate, and I think it costs the taxpayers a lot of money. If, for nothing else, for the year -or two years it takes for those individuals to figure out how to run their departments . CUSHNIE: Mr . Smith, do you feel we ' re limiting ourselves by writing into the Charter that there be a residency requirement? I believe that for many of our positions you must be a resident of Hawaii of at least one year . And I noticed you made reference to that. SMITH: I don' t have any problem with residency requirements . There are. . . there are fully qualified people available on the island and in the state. And that ' s not a problem. There should be an escape clause. For example, if I can use the example of the University of Hawaii , I recently . . . I 'm the Chairman of the political science department, and I recently had to fill a replacement for someone that didn' t show up; one of our hires didn' t show up. Arid there was no one on the island . There was no one on the island who was qualified to teach those positions . Now there was . . . there was no question that we had to go off island. So we 168 advertised across the state. There was no one in the state that could fill those positions . And we flew someone in from Texas to teach for a semester . And everything worked out fine. Now that was an unusual situation. For the university, it' s not that unusual. But for the County, I would think that that would be a relatively unusual situation. And I would argue for there being an escape clause, so that in the event that there is not someone locally that. . . that you can go outside. See, within the minimum qualifications , you can have residency require- ments , you can have familiarity with local customs , you can have a whole variety- of things togive preference to local people. That ' s fine. But the diff. . . the primary difference is , it seems to me, that the emphasis would be on training , and expertise. CUSHNIE: So rather than sacrifice the qualifications , we should be willing to forego the residency requirements if the two were not fillable as positions . . .that position? SMITH: That would be my preference, yes . Forego the residency. If that ' s the tradeoff , but as I say, I don' t think that that would be necessary. It depends on the position, you know, on a. . . there are some positions which are very crucial and vital, - having an island-trained person in that slot. And if you can' t find someone who' s been on the island for a year that meets the MQs , then you certainly should go off island . And if you can' t find someone in the state the meets the MQs , then I would argue that you should go out of state. CUSHNIE: Uh-huh. SMITH: And I would hope a resident of Hawaii . . . I 'd like to '.see. . . I 'd like to see. . . I teach public administra- tion at the university,, I 'd like to see local and internal people hired. And I think in the overwhelming majority of cases , that would be possible. But I think as well, that: if it's not possible, . then we should put the interest of the people of the County of Hawaii first and get the best people for those positions . GREENWELL: I think the fact. . . the strong-mayor position. . . I 've worked under two mayors , ShunichiKimura and Dante Carpenter , both being completely different from each other . During Shun's time, there was a better relationship I think between the Council and the depart- ment heads . And the department heads were more less qualified than those that were in during Carpenter ' s time. But there was a greater relationship at that time where everybody was working together where, even though the 169 Council did have to pass on the appointments of Carpenter , they were loyal to Carpenter period. And I don' t think it made. . . this I think made for some of the poor relationships that existed between the mayor and the Council. Personally, I favor the city manager type of government, but I think you can get away from that kind of relationship. And we get down to a more professional type of organization, such as , the position of mayor , from the setup that we had, had nothing to do with what is . . .what his duties are setup to be, is dependent upon who he is . It ' s purely up to the individual in terms of the type of administration he ' s gonna to have. And we have had very broad differences between the relationships in the Council, I think , in effectiveness ofthe.-County government because of the differences of the personalities . So then we have to have something that ' s going to get down to. . .or even get away with (inaudible) those problems with the city manager , mayor , Council type setup..We. . .we should minimize that. SMITH: I 'm attracted to this . . . to city manager forms of government as well for a variety of reasons . What I here is a compromise, where you have some of the propose P � advantages of a city manager system--i .e. primary respon- sibility over the administration of. . .addressing with the Council--and some of the advantages of a strong-mayor system, i .e. an identifiable mayor . I think that ' s good . There' s somebody there. There ' s an administration. . .an identifiable administration. And so what I ' ve suggested here is kind of a hybrid, so that you can take some of the advantages of both systems. GREENWELL: (Inaudible) melting together of the. . . BETHEA: Let me ask another question, when you talk about the council-manager system of government and whatever . And the mayor is largely the figurehead with all policy-making authority being within the Council itself, in which the mayor sits as a co-equal member . Well, under our present system, doesn' t the County make policy? As a matter of fact. . . SMITH: Theoretically . BETHEA: Well, let ' s go beyond theoretically . It seems to me that with the Council' s control over budget, they not only make broad policy through the use of the computer system, they are so able carefully to monitor all expenditures , that in fact, they go beyond what you might call policy, through their control of the budget process , in saying well, no, you're going to be allowed 170 an administrative department, this many cars , this much stationery , etcetera. It used to be because we didn' t have the computer system that you had the County Council making budgetary decisions and assigning ten million to Public Works and then Public Works spent the money as best it could getting the job done. I 'm just making an argument. . . SMITH: That ' s . . . that ' s a. . . GREENWELL: Well, it never really worked out that way. The County . . . the Council and board of supervisors in the past was pretty much up on every detail of expenditures . The giving of an. . .a bulk of money to any department had never . . .never been done in the County. Every detail has been gone over by the Council or board of supervisors . I don' t know what kind of (inaudible) . SEVERAL: (Inaudible . ) GREENWELL: The other thing too is with (inaudible) last year is that some of those figures available to the . administration were (inaudible) . This was something that was very difficult in times of . . .Steve Yamashiro was trying to get at, and he had a very difficult time trying to pull these figures out of the administration. The administra- tion is . . . there ' s too much of a separation -I. think between the administration today and the Council. SMITH: The Council. . .without a doubt the Council has powers . And they are largely the budgetary powers you describe. However , there ' s a difference between allocating how many cars you can have and being able to determine where those cars are gonna go and what they 're gonna do. And. . . in other words . . . BETHEA: Well, you know, let me give you an example. For example, the business community and other (inaudible) of the community, including labor unions , formed a loose sort of a coalition in this County to try to raise fuel tax so that we could do a better job of maintaining roads . One of the things that it got hung up with, as I recall, in the Council, and within. . . if I can say that, maybe Akira would support me on that, I think the thought was to make it as politically easy as possible for the County Council to raise taxes so that roads could be repaired. I think there was a general community feeling that that was _a good thing. It really got hung up in the Council as I recall on concerns about what road where . Now, when I was asked about that and presented some testimony to the Council, I thought I had a simple answer that . . .of using some generally accepted criteria, generally speaking you 171 could rely on the professional County engineer looking at traffic patterns , etcetera, and considering safety factors and other reasonable factors , to put the money where in this case his professional judgment it seemed to be best spent. But at the Council level, it got into all kinds of wrangles about who was going to get what, in what district, etcetera. Now that ' s a lot of power . That ' s not. . . that ' s getting in, to me, what should seem to be an administrative area, that if you' re going to have any division atall, somebody has to administer it. And in this system, the mayor administers it. But I think that ' s a very strong indication of strong. . . if we have a strong mayor , I think we have a very strong Council and I think that history has demonstrated that . GREENWELL: The mayor decided where those monies were going to be spent within the district that they were allotted. The money was derived within::those .:districts , going back into those districts . He (inaudible) chief engineer determined where the sections and roads were going to be repaired and resurfased (inaudible) . BETHEA: Yeah. But this was all hassled, out as I recall. Because the Council didn ' t want to accept what the mayor ' s recomm. . . GREENWELL: We didn ' t trust him. BETHEA: Well, that ' s right. It illustrates that they are not the same thing. That there is this diversion between administration and here, the County Council who are also driven by their own political concern, well_ I ' ve gotta. get' something for my district, etcetera. I didn' t think it worked very well. We did. . . GREENWELL: I got it distributed absolutely perfectly. BETHEA: No one (inaudible) . GREENWELL: Right back to where it came from. BETHEA: I happen to be there and there was a lot of politics going on about how (inaudible) in my opinion. But. I just generally agree. . .but I just simply don' t agree that. under this system the County Council is weak. I see them getting into areas that really, you 've got to leave some room for administration. So, we may have a strong-mayor system but I think we have a very strong Council too that has an awful lot of policy-making authority including when we vote at election . SMITH: If you ' ll allow me, I don' t believe I ever 172 heard the Council was weak anywhere in my document or . . . BETHEA: You did not. SMITH: We. . .my prior concern is with the increased professionalization in the County administration and ways to accomplish that. And it seems to be the way to do that happens to be. . .happens to also involve a =removing of some of the mayor' s powers . . . the direct powers over . . .or pretend that there ' s another avenue or curtailing those powers in away by setting up and establishing with- in the Charter minimum qualifications for major depart- ments and requirements for recruiting of those departments that they insure that the best qualified people, wherever they might come from are in those positions. BETHEA: Well, let me ask you this then. If you set up the minimum qualifications , haven' t you accomplished the same person... .same purpose if the mayor nominates and the Council approves? I mean, don ' t you solve the problem by. . . SMITH: I said that was an alternative route, that' s right. I said that was an alternative route. CUSHNIE: Thank you. In following your line of talk about the professionalism, I noticed on page 5 you mentioned in the first complete paragraph, highly professionals , County civil service. Is this similar to the civil service that we have now? Fifth line. SMITH: Yeah. The. . .civil service isn' t what I should. . .did not have and should have. The County has a civil service. I 'm referring here only to the high. . . the highest levels of the region. . . the County agency. The County has a professional civil service (inaudible) . And what I mean there is the. . . is the major . . . is the heads of County departments . CUSHNIE: Okay. Rather than our formalized civil service (inaudible) . Going back to page 2, if-I may continue, you mentioned that our . . . it is unusual. . . it is unusual for a County the size of Hawaii County in terms of population to warrant a paid mayor ; and then you went on to explain that. Do you feel that our geographical size, however , lends some unusual variables to our needs? SMITH: Well now I said have, not warrant. CUSHNIE: I changed the wording, yes . 173 SMITH: Okay, then that changes the meaning as well. CUSHNIE: Uh-huh. ' SMITH: And it is unusual. CUSHNIE: Because if we are. . .such a small population? SMITH: It ' s unusual no matter how you look at it. There are counties that are far larger than this and have similar population. . .similar populations where the mayors may (inaudible) . CUSHNIE: Okay. So your reference there was to the powers and the salary? DUNCAN: Mr . Chairman? BETHEA: Yes . DUNCAN: Dr. Smith, it appears that you don' t, you know, you 're not very fond of political backscratching and you would favor the system of people serve for the love of civic service and civic duty versus for political gain or for politics . . . the love of politics. You also mentioned that this may be... . this is very progressive and this time around may be a little early for something this progressive. What is it that needs to be. . .must occur within our local and statewide community, you know, that is very much politically driven, where our department heads and various people from the County actually go to the Legislature to compete for money... .or ask for money to run our County, what do you see needs to be done overall statewide in. . . in order for your ideal system to work effectively? SMITH: Let me first comment on the first part of your statement and (inaudible) question. I don' t argue in here against having a professional, i . e.: paid and fulltime. Mayors or Council people. I don' t argue against. the. . .but I merely point that out in here so that you can see there ' s a difference. There are advantages and disadvantages . One of the disadvantages to some people is that it means that wehave as similarjurisdictions would have, fulltime well- paid mayors and council people. It means that we have professional politicians , i .e. people who make a living running for office. Now is there anything wrong with that? It ' s not for me to decide. But that is . . . that ' s an off- shoot of the system. But I didn' t argue for or against paying salaries for elected officials . In fact, my personal opinion is contrary to how it was characteris . . . how you characterize it. I think they should be paid salaries good enough so that they take their work seriously . 174 Now, the second part of your question, you ' ll have to rephrase. BETHEA: I 'm sorry I missed that. CUSHNIE: What needs to be done in the state? DUNCAN: -:Yeah, I mean this is a politically driven system, whether it ' s the. . .when you seek money for differ- ent programs . What is it that we can do on the state level in order to make our Council work more effectively? SMITH: Well. . . I have to go back and write another . . . BETHEA: What do you do to the state system, is that was the question is? DUNCAN: I mean, we could. . . I mean, it ' s very difficult to disagree that everyone wants professionalism. Okay. We want to see the best professionals looking out for our people ' s interest. . . for our community interests . I 'm wondering if, you know, if. . . is it a problem with the system, or is it a problem with the. . .with just people, you know, and their level of professionalism with their ability to hire people that best represent. . . SMITH: To a certain extent, it ' s part of the political culture of the state. To a certain extent , it ' s part of the political culture of the state and that ' s kind of interesting and it ' s problematical. And if you were. . . if you were persuaded to put something like this before the voters , it would be very difficult to convince them to go along with it because there are many people in between that don' t see anything wrong with having some guy that' s never done anything, having anything to do with his department, but has 300 employees and a hugh budget, running it . Yeah, but you know, he' s lived here for 20 years . So, I mean, that's qualification enough . In most communities , that doesn' t wash. The comment I make in here about in how some communities , it ' s considered repugnant to have to buy fund-raising tickets from the person that regulates your business . Across the country, you would be able. . . I go to conferences and I talk to people about local government, and we compare notes . This does happen in other communities , but it ' s pretty rare. It ' s pretty rare that you get the kind of fund- raising you have on all levels throughout, that we have in Hawaii County. And there ' s . . .as I say, that's part of the political culture, but not. . . I 'm not sure that it couldn' t be changed. And I think that there are some structural changes that could be made, small changes . DUNCAN: Well, there' s a lot of attention paid to, I 175 believe,. the heads of the department, that are often changed . . . they 're changed in politics , etcetera. The department, heads seem to get all the attention. However , the system is (inaudible) by the civil service system that is set up, I guess . . . I . . .with the federal government, and that' s probably the most cumbersome civil service system, where you know, we all complain that dead wood is protected. It ' s not set up on an incentive basis . You have to violate the law in order to get fired, and to have. . .etcetera. Do you see that as perhaps being the root of the problem primarily and not just, .I mean, if we're looking for efficient govern- ment, there has to be a change straight across the board from the top. . . from the bottom on up to the top. Because the leader cannot be effective unless his people are effective? SMITH: I 'm full of civil service reforms--none of which you probably have time or inclination. . . if you do have time I 'm here. I 'm full of civil service reforms . That ' s what I teach . And we can. . .we can. . . I had a personnel administration tutorial this afternoon when we. . . I spent an hour talking about evaluation. . .personnel evaluation, problems in evaluation, setting up evaluation structures . That ' s a different kettle of fish. And it ' s very difficult to get at. The problem. . .however , there is one bright side if you want to call it that. The civil service problems of Hawaii has . . .are not atypical. They ' re very similar to civil service problems that governments have all across the country. . However , there are other aspects of County bureacracy that are atypical and (inaudible) mention. JUVIK: Mr.. Chairman? BETHEA: Yes . JUVIK: One of the potential remedies you suggested here were. . .were addressing some of the. . . the de-politicalization process or at least providing more . equitable public input, is the possibility of publicly financed elections. Could you elaborate a little bit more on that and I 'm particularly interested if there are. . . are precedents at the County level across the country. . . the municipal level for public financing of political. . .of election campaigns for council or mayor or campaigns . SMITH: I doubt it. The. . . I had (inaudible) but I doubt it. And that would be a radical move. Hawaii ' s made radical moves . Their constitution was written at a time when. . .and it was . . . incorporated many things that were 176:. considered very progressive vendors at the time. And there. . .as I mentioned inhere, the existence of this commission is a progressive measure, the fact that this is set to do what you do every ten years . So it would be an. . . it would be a. . . it would be a radical move. There are . . .they do exist on other levels of course in states . And the literature is rich with the examinations of the. causes and effects of privacism. . . systems that (inaudible) . I don't think it's an accidentas I mentioned in .the paper. I don't ' think it's an accident ,that. ;I gave the example before (inaudible) . More research would have to be done to (inaudible) examples to make sure, but the cost of County government for counties with _our ... .whose campaigns are funded through private donations , comes directly out of the taxpayers ' pockets . Businessmen don't contribute, or labor unions or what have you. . .don' t contribute large amounts of money to political campaigns without any expectation that they will get something in return. And that 's fair enough. It' s no coincidence. . . it ' s no coincidence that when you look at the expenditure reports for campaigns and you look at a list of who did business with the County, and you can look at who has business before, commissions , boards , etcetera, and you find they are many of the same people. I wonder why? The taxpayers are paying for it. And it `doesn' t. . . it hasn' t happened much if at all that I saw on the local level. . .on the County level. What has happened incidentally are restrictions . I know that you know of examples of severe restric- tions where. . . in. terms of, how .you can spend your money, those. . . GREENWELL: Land use. SMITH: Right. And those types of restrictions . And that ' s. . .that' s due . . .the thing that . . . BETHEA: Excuse me, I don' t understand that. It just passed me by. Mr . Greenwell, you said land use. And (inaudible) . GREENWELL: (Inaudible) that ' s where you find all the contributions to candidates comes from those who are involved in zoning and upgrading their use of the land. SMITH: How common is it in. . .and I don' t know the answer to this . How common is it in Hawaii County govern- ment for officials elected or otherwise to exempt them- selves from decisions in which they have been. . . in which they have either been involved in fund-raising or they have given money to the administration? It happens in the court system. Does it happen in the County at all? 177 BETHEA: Well, you know, just to go back and talk about this zoning thing, the land use decision. If there are political contributions that are an attribute of that, you first have to get through the Planning Commission, and I-:think most people who have been dealing with the Planning Commission don' t find that an easy task because you' ve got to con political people on the commission. But in any event, the Planning Director is appointed by the mayor with the approval of the Council. But then you have zoning ordinances which are passed by the County Council, so you know, if there are politics involved, it ' s with the County Council as well as with the mayor , and. . . SMITH: Indeed , and I agree. . . BETHEA: . . . it ' s a difficult process in any event, and I don' t know that. . . I don' t know that that ' s true, that people buy their way through land use decisions , sub- division decisions, or zoning decisions that end up before the County Council. SMITH: Let me clarify a couple of things . First of all, public financing would be for Council candidates as well. The formulas can be worked out and they have been worked out in this instance. It' s not difficult to do. . Second of all, there ' s no claim of a direct relationship between a campaign contribution and a decision. People are smarter than that. It ' s much more subtle. And it has to do with the access that individuals have to government . Politicians are busy people and they have so many hours a day that they can sPend with members of the public . Now if you have. . .you 've decided that yyou're ' gonna to give six hours a day to government service and you have to allot that in some fashion. Are, you more likely to allot it in a fashion that allows you to spend time with local contributors or non-contributors , all of the things being equal? The contributors have an advantage. Now that advantage plays itself out in a number of different ways . For example, it provides them not only access in the formal sense but provides them access in aninformal_. sense. For example, all parties socializing that they might not otherwise have were it not, for the campaign contribution system. That access leads to friendships , what have you, that further enhances one ' s ability to get things done and enhances one ' s opportunities for additional access in dealing with County workers . So it ' s very subtle. It ' s there. - Unfortunately, if it were an easy cause and effect relationship that we could all identify, we could all point to it and stop it. But it ' s not that easy. But if you think about it. . .most people who think about it, can see and feel that it ' s there. I 'm not trying to be vague, but. . . 178 GREENWELL: We, during the discussion of the first Charter the (inaudible) tried to set up the figure that might be considered a maximum. . .an amount that might be influential. One thought might be a $100. Then that starts getting influential. Then you 're. . . then you' ve got an ear . . .you've got an ear over your Council member . And the conclusion that we eventually came to was , it has nothing to do with the politician. It has to do with the donor , how much one person might be able. to give only $5 and he feels that gives him a great many privileges , whoever he ' s given it to. So it has nothing to dowith politicians . It has to do with the person giving it and what he thinks is due him because of the amount he gives to some guy, giving him. . . that $5 (inaudible) . That may be a good deal of money for him for political contribution. SMITH: So if I understand, what we need to do is we need to publicize that. If you. . .you have to have at least that much (inaudible) . GREENWELL: (Inaudible. ) BETHEA: Gentlemen, one other comment. One of the points that you made was one of the disadvantages of a strong-mayor system was that (inaudible) it provides accountability that. . . You also mentioned that the public doesn' t know what ' s going on, so there's a potential for the abuse of power . And you say that in large cities and in state government this potential danger is countered. . .is countered by the increased attention of that media. . .of the media, to the public vote (inaudible) one of those offices . Again, I don' t have any feeling that the media here is soft on politicians . SMITH: It' s not the media soft; it ' s more that the public ' s soft. The media will provide the information but the public has to be organized and get out and attend. You attend County government meetings and how many members of the public are there? Are they organized? In. . . BETHEA: Well, I was just. . .you 're do. . .you 're sentence was , in large cities and state governments this potential danger for the abuse of power is counteredby the intent and increased attention of the media. Well, what I 'm really saying is that. . . in this County, I think you better watch your step because the media is right there and it ' s going to bring what it feels to be signi- ficant facts before the public just as much in this County as it would in the City and Countyof Honolulu. I don' t know that there ' s a difference between big cities and small cities . So, I think these things count myself . I really. . . I just have difficulty seeing that an abusive' 179 - i system isn' t going to be for people who blatantly abuse power , aren' t gonna be picked up. It. . .maybe I 'm a little bit too idealistic about it; but I don' t see that. I see the media as doing its job in this County. Sometimes I wonder whether they do too much of a job. But you know that ' s, one of the frequent criticisms you hear about the media. They have an affinity at times for the irrelevant. The classic being--but I think our media is pretty good-- but the classic being, you guys will remember , when Gerald Ford got off the plane .for the trip from Europe and they focussed on the fact that he stumbled as he got off the plane. And I don' t know what he said. But that ' s just the comment I. . . SMITH: Well, I . . . BETHEA: I _think people do know in this County what' s going on and if you get too far . . . SMITH: I certainly want to have the media behind me. But a. . . BETHEA: That' s the worse place to have the media is in back of you. SMITH: But if you. . . if you would. . . if you would read a major daily, and I don' t mean to criticize the local media. I think that for the local media. . . for the cover- age that communities our size receives , we get what we need, and maybe what we deserve . No, we get what we need. But if you were to read a major metropolitan daily--a good one - like the Los Angeles Times , or the Washington Post or the local edition of the New York Times--and I read the Los Angeles Times every day; and local government is covered in a depth there that our media doesn' t have the capacity to do. They just don' t have the reporters to send them out to cover every commission and every hearing and what have you. So that ' s the other side of that coin. And it ' s not criticism of our media, but it ' s merely the nature of the market that we have here and what they are capable of doing. BETHEA: Other questions , comments? GREENWELL: I would like to thank you very much. SMITH: Thank you. BETHEA: Thank you very kindly, Dr . Smith. 180 VII . FIRE DEPARTMENT OPERATIONS By Chief Thomas Bello (Verbatim) BELLO: First of all, as you 're aware, I 'm very new at this position. (Inaudible) role about what the fire chief ' s role is , being that I 'm directly from fire (inaudible) and have a lot of experience in that field, 22 years . Anyway, the role in the Fire Department [see Attach- ment B] . . .Hawaii County Fire Department is a fully paid, professional fire protection agency, supplemented by volunteer units in the rural areas . It has the responsi- bility of protecting life and property from fires and multi-farious injuries , I mean emergencies , and to require emergency medical services to a population in excess of 115 ,000. This population is spread out over 4,038 square miles of mountains , plateaus , tropical rain forests and agric- ultural lands and desert areas . Providing adequate fire protection emergency medical services for these vast areas presentsmany problems , especially in the area of response times. Okay. Emergency situations routinely managed includes fire protec. . . fire suppression, since those fires (inaudible) destructive fires , vehicular fires , brush and crop fires and etcetera. Now emergency medical services covers the pre-hospital type of cares for traumatic and natural illnesses . We also do land and sea rescues. We search for missing hunters , overdue hikers and fishermen, etcetera. We do a lot of vehicular and other type of extrication involving victims trapped in vehicles and buildings . We 're primarily trying to formulate, excuse me, a hazardous response team.. This is to comply with E P A s mandate. . . (inaudible) has these materials . Okay. The duties of the Fire Department is to provide fire safety mitigation activities through education or fire safety code enforcement; provide an adequate response to any emergency with proper equipment and trained personnel in a. . . in a timely manner , that minimizes personal injury or property loss or loss of life. Excuse me. And to accomplish all this missions with relentless and profes- sional and fiscal responsibilities . Some of the major goals which were of the past.... . . administration' s and which will be mine, were to provide in depth coverage of all Big Island for the response to fire emergency. . .emergencies , . rescue emergencies ; to have continue programs of upgrading for the additional fire stations and facilities ; continued programs of upgrading 181 firefighting capabilities and reliability through scheduled equipment replacement and/or reassignments ; also the increased interpersonal dynamics and administrative skills for staff officers and for technical skills of fire prevention staff. Another area of the expansion of the emergency medical coverage for . . . to outlying areas to reduce response times currently being experienced; to acquire more personnel to upgrade present medical. . .medic units at North Kohala from basic to advanced life support capability; to seek continu- ance of local MICT training program from Health Department to meet personnel demands generated by new positions and normal personnel attritions ; to provide adequate equipment through a scheduled replacements . Did I go through the major functions of different divisions? GREENWELL: Yes . Have you seen the part of the Charter that refers to the Fire Department? BELLO: Yeah, I quickly went through it. GREENWELL: Is there anything in that that you feel should come in. . . I mean, should be added to that? Or do you feel that that is adequate representation of your department under the Charter? This is basically. . .what. . .we realize all your duties . (Inaudible. ) BELLO: Doyou have a copy which I (inaudible) ? GREENWELL: Huh? BELLO: Do you have a copy which I (inaudible) ? GREENWELL: Yeah. What is this . . .page that you. . . GREENWELL/OTHERS: (Inaudible. ) BETHEA: Yes , Mr,. Omonaka. OMONAKA: I want to ask a question. Do you think that for the County fire chief, do you require all the years , you know, coming up through the ranks , or can anybody just fill in the fire chief ' s position? BELLO: Well, my past experience is this is where I came from. Okay now. If you had. . .administration had a concern for the fire people, and I came up from the ranks (inaudible) administrative capacity . I feel that it' s been an asset coming from the ranks . Although to (inaudible) service. Fire chief, you gonna not find. Too (inaudible) 182 fires today . Because they have dedicated their responsi- bilities to the deputy chief to do that. To the fire chief is strictly administrative. But even at that, you could have all the education in administrative work but. . .but you will have. . .you' ll have to know, thatyou know, workings, of the Fire Department. Together , you will have to work your way up the ranks. And I believe that' s (inaudible) criteria for . . . OMONAKA: So you would like to recommend changing the Charter to provide that to be a fire chief you have. . .you have to have certain past experiences to (inaudible) . BELLO: I would recommend it. JUVIK: Excuse me. (Inaudible) in reviewing the charters of the other counties in the state of Hawaii-- Maui , Honolulu and Kauai--they require qualifications of the fire chief position. I 'm just reading from the Maui County Charter . I 'm just wondering how you would react to this provision perhaps being added to the Hawaii County Charter . This is the qualifications of the fire chief. The fire chief should be appointed and may:.be removed by the mayor . He shall have a minimum of 5 years (inaudible) . He shall have a minimum of 5 years of training, experience and fire prevention control in private industry or govern- mental service, at least 3 years of which shall be in a responsible administrative capacity. Those are the minimum qualifications . And that ' s pretty standard in the other county charters . Would you have any problem with that? BELLO: Well that ' s our standard here too. GREENWELL: It ' s not written in our Charter . JUVIK: It ' s not in our Charter . BELLO: No, it ' s not written in your Charter , no. JUVIK: You wouldn' t have any problem with that being in the Charter? BELLO: No problem. No problem. BETHEA: Another question on the same subject. What do you think about the Fire Department and the selection of the chief being subject to a commission, rather than a direct appointment? BELLO: You talking about a fire commission? (Inaudible. ) 183 BETHEA: A fire commission or a, for example, the chief of police is appointed by the Police Commission and may be removed by the Police Commission. I think the basic idea there is the, you know, professionalism, continue of vision, etcetera, of professional services . What would you think about a commission system for the selection of the fire chief as it ' s done for the chief of police? BELLO: I think if I had the opportunity to have listened to something like that, I 'd be for it. I 'd sure like to have. . . see a fire commission established for the County of Hawaii . JUVIK: Why? BELLO: Well, for one thing. . .why. GREENWELL: Yes . Somebody ' s going to tell you what to do. Although they may not know a damn thing about fires. BELLO: That ' s a fact of life (inaudible) . But I ' ll have to think about it , why ., But this having a commission (inaudible) . That' s all. All we have to think and do is reasons . . . advantages of having a commission (inaudible) . GREENWELL: (Inaudible. ) BETHEA: You know, we would like you to think about it, you know, come back with us . I would point out to Mr . Greenwell that under the Police Commission, neither the commission or its members abide specifically by the. Charter are allowed to interfere in any way with the administrative affairs of the department so that you do. . . there is in my opinion a separation of the professionalism. In other words , the Police Commission members aren' t to try to intrude themselves in the day-to-day operations of the Police Department as a professional job. I don' t think there' s that danger , depending on how you construct it. GREENWELL: I think the Fire Department and Police Department are two different things . The Fire Department is a professional group of people fighting fires and doing emergency medical work as not, and there' s a job to do. And in the Police Department you have all kinds of things , pressures on policemen themselves and allsorts of other things that need a separation from politics and the department where I don' t see there ' s ..a..necessityfor that in the Fire Department. JUVIK: I would tend to agree withthe chairman, but perhaps fire. . . fires are more cut and dried than police 184 work, I think . I don' t see that political. . .where political input would perhaps influence fire control or management t; h a t might creep into police work , which is probably the reason the Police Commission was established in the first place. I 'm not. . . I 'm trying to imagine why one would want a fire commission. I'm having difficulty figuring the reason. BETHEA: Yeah. CUSHNIE:. That was the opinion, if maybe I could approach it from a different point of view. Chief Bello, I realize that you're new on the job, but Roman numeral three, your major function, A, office of the fire chief. . . I notice you have a line running directly to the managing director and then directly to the mayor . Have you had any input from the mayor that would change your administrative planning formulations and the things listed under your office of fire chief? Or do you foresee any way in which he will, I won' t say interfere, but challenge you directly in your day-to-day operations? BELLO: No, I haven' t experienced anything like that and I haven' t. . .we.. .realized anything like that or seen anything 1 i k e'. that ,in the past. I haven' t. . the structure' of the organization is questioned in that - respect . CUSHNIE: I see that as a major difference between the Police and the Fire Department. I feel that the Fire Department ' s under the same pressures, both social and political, that the policemen are. Certainly safety is a problem for both departments and it would be interesting to have a report later in ways in which the mayor could, by (inaudible) Charter direct the day-to-day operations of the fire chief . I think it ' s possible that it be done. So whether our mayor does it now or the mayor four years from now does it, the potential is there. BETHEA: I think your point is that there is no commission in between. CUSHNIE: Yes, sir . BETHEA: In other words , it ' s . . . the fire chief is much more of a political job because (inaudible) with Council ' s approval (inaudible) . That can become political over a while, but. . .but the Police ',Commission actually makes the selection although the mayor from time to time may have appointed most of the members of the Police Commission. Is that your point? CUSHNIE: Yes . And I would appreciate some further 185 input maybe six months from now, in ways in which Chief Bello feels that the mayor could or has already tried to dictate administrative positions . Since he' s new on the job, he may not fully appreciate. . . . GREENWELL: I think it ' s varied through the years depending on who was the mayor . BELLO: Well, my past experience what I ' ve observed on the past administrative. . .administration, I ' ve seen this happen. CUSHNIE: Uh-huh. And I wondering if you 'd like to remove yourself and answer only to a fire commission similar to the Police Commission? So we don' t need an answer now, but perhaps later you might have some comment to make. DUNCAN: May I just make one comment? I guess that is an interesting point, but I 'm thinking of the fire we have, you know, behind Mauna Lani and Puako. It ' d be under the mayor , there would be tremendous coordination after the fire that needed the most County agencies , and it was actually a very good thing to see and how the administration responded in coordinating the entire staff along with the fire chief and Civil Defense and everyone. And Patti Jenkins was (inaudible) Information Officer and depended. . .all the things were coming in, so there is . . . I think there is a, you know, an advantage of getting a directive from the mayor who said what the policy will be and everyone in administration, all department heads , kind of fall into step in making sure that a crises is not just taken from the time a fire starts and the fire ' s out and the time when people are (inaudible) control, etcetera, etcetera. And I don ' t know, you know, if it falls under a commission (inaudible) because, you know, in the past (inaudible) there was less concern, I had was how does . . . do you get a department under a commission to follow in close step with what may become a mayoral directive to set the policies . You know, whether it ' s affordable housing, or whether it ' s , you know (inaudible) or whatever . BETHEA: Just as a comment. Maybe that was one of the advantages for a strong-mayor system is that would be department heads being responsible to the strong mayor , even coordinate these public activities . Oh, I don' t know how the police responded to that. I think the provision in the Charter says that the Police Department is subject to the general supervision, I believe is what it says , the general supervision and control of the mayor . Now that ' s . . .yeah, the Police Department shall come under the general 186 supervision and control of the mayor . There is nothing in . . . I just put 'this out on observation. . . there is nothing in the Fire Department section or it says the powers , duties and functions of the Fire Department shall be pre- scribed by ordinance and shall be exercised and performed by the department. So it ' s apparently the County Council who' s calling the shot there as to the powers, duties and functions of the Fire Department. And no. . . GREENWELL: The ordinance sets it up and the mayor administers it. CUSHNIE: But, Mr . Chairman, if I might add, my point being that on the last page of Chief Bello' s handout, there ' s absolutely no line connecting the County Council with the mayor or his department, just to show how widely misunderstood these powers oflresponsibility are throughout our County. And to me it ,,seem's - there should be a direct line to the Council. . .County ,Council for a _variety of reasons, including one. . . GREENWELL: Yeah, I understand. This is the simplest way and you have direct authority . You start_ getting the Council involved, and you have a whole pile of (inaudible). CUSHNIE: But it ' s written in the Charter , and yet it ' s not in practice. GREENWELL: I don' t think the Charter says that. CUSHNIE: Doesn' t the Charter say the Police Depart- ment do. . . the. Fire Department duties are by ordinance? GREENWELL: No, confirmed by the. Council. Those. . . where are we? (Inaudible) powers , duties and functions of the Fire Department shall be prescribed by ordinance and shall be exercised and performed by the department. The ordinance is a just a law setting up the Fire Department . And the Fire department is set up. . . follows that under the authority of the mayor . The County . . . the Council itself doesn ' t have any managerial relationship with the Fire Department at all. It only sets up the ordinance. CUSHNIE: You don' t feel that by changing the ordinance, the County Council has tremendous control over the duties of the Fire Department? GREENWELL: The chairman now? Is it this now? OMONAKA: That would be the truth to a degree because in terms of your manning, who decides that by ordinance who shall have each battalion chief.. .only a battalion chief. . .how is that set up? 187 BELLO: Now that ' s set up according to criteria of HFD (inaudible) ordinance specified the (inaudible) himself (inaudible) . VARIOUS: (Inaudible. ) BELLO: We have (inaudible) we have to have this before (inaudible) mandated, not mandated, by (inaudible) . GREENWELL: The mayor comes to the Council asking for new positions . The Council then approves the new positions funds (inaudible) mayor and the department to (inaudible). OMONAKA: I was concerned with the manning for each station. Do you have an inspector here? How many inspec- tors are you allowed? By this (inaudible) by ordinance. BELLO: The ordinance doesn't spell out (inaudible) . JUVIK: Excuse me. Is there. . . is the department, in your knowledge (inaudible) time suggested either mayor or Council politics or whatever , play any significant role in the location of fire stations or which ones are built first? Or. . . In other words , did the. . .did the. . . is the sound judgment of the Fire Department in terms of the needs of the community reflected in the Council decisions? Or did the Council and the mayor decide where these fire things.. . are on the basis of political decisions , do you think? BELLO: Implicitly wrong. What 's been done is to the (inaudible) from the fire chief himself. What did he put it into the Council. . . into the budget what it is . And of course we do have (inaudible) trying to get it. . . that ' s where their complaint is . So you have a fair exchange of (inaudibl) . GREENWELL: I think the Fire Department today. is more professional than it used to be. Years ago, it was very political. Today it ' s become a low trend professional department. BELLO: Well, that ' s . . . that is one image we would like to uphold , but politics is ._ . .was there. GREENWELL: Not like it used to be. BETHEA: Well, you would consider yourself a political appointee, would you not? I mean that ' s not. . .no reflection obviously on your qualifications . But the process by which you were appointed was a political process . GREENWELL: But you have to have certain qualifications . 188 . BELLO: Yeah. I thought. . .meet certain. qualifi- cations . But as far as politics is concerned , I ' d like to divorce myself from that. Because I told the mayor I 'm taking this job with no political (inaudible) . BETHEA: Well, what I meant was that obviously you have the job because you were appointed by the mayor . BELLO: That' s right. BETHEA: He could haveappointed someone else and gone down the line until he found someone who the Council is going to approve. . . BELLO: That ' s right. BETHEA: . . .so that, I think in a sense, that for better or for worse, that the Fire Department is in that sense perhaps more political than the Police Department. GREENWELL: You take that attitude, then everything ' s politicalbecause the -chief (inaudible) Police Commission is acquainted (inaudible) . BETHEA: Well, that 's the analysis that. I . . . GREENWELL: You think that everything is political. BETHEA: Well, that ' s the analysis that I went through is one step before that because you may have a Police Commission that's been appointed by several mayors . And I think the number of mayors who learn to, their disappointment, commission members don' t always follow a party line. Because you get.:a -good person on the commission, and they end up making their own mind. (Lost some words in tape change. ) BELLO: I should give the mayor the credit, that he gave me the opportunity to pick my d e .p .a t. .y . In the past, I believe the mayor picked the deputy for the chief. CUSHNIE: I might. . .excuse . me, I might point out that that is the difference between several departments . . . is a direct line to the deputy chief appointment for the Fire Department as opposed to other deputy chiefs. Thank you. JUVIK: Would you like to see the Charter qualify the:. right of the chief to appoint his own. . .his or her own deputy? BELLO: That ' s right. I ' d sure like to see that. 189 BETHEA: Are there any further questions of Chief Bello or about the . concerning. the report that he submitted? Could you give me just an annual budget figure, gross? BELLO: Gross? I don ' t know (inaudible) coming from (inaudible) pockets . It' s in a little excess of $10 million. And this is the proposed budget. (Inaudible. ) CUSHNIE: Thank you, Mr . Chairman. Might I ask the Chief Bello, I know that your time is seriously. short, in terms of hours in the day, could you possibly in the next few months think of ways in which you would prefer either to report directly to a..commission or ways in which, when there are disagreements between you and the mayor , you feel that it is . . . should be your prerogative to run the department as you chose. Do you know what I 'm getting at? BELLO: First of all, I would have to make a study of what the commission is , and the functions of the commission , before I can get back to you. I 'm not really knowledgeable on boards and commissions . CUSHNIE: Okay. BETHEA: I think you 're suggesting that you would be interested in hearing what you think. . .whether there should be a commission formed and what the powers of the commission should be. Is that correct? CUSHNIE: Yes , and it could be of your own making. This is a hypothetical commission. BETHEA: I mean, if you were going to create it your- self , what. . .how would you construct it? What would be their powers? Would it be only to hire and fire? Whatever . CUSHNIE: I guess , in other words , what would be ideal to the Fire Department? What would be the optimum working conditions? BETHEA: Sure. CUSHNIE: Thank you. GREENWELL: Or , the alternative would be to stay the way you are. CUSHNIE: Uh-huh. BETHEA: Sure. BELLO: Any time frame? 190 CUSHNIE: At your convenience. BELLO: At my convenience. CUSHNIE: We ' ll be around for maybe a year . GROUP: (Inaudible. ) BETHEA: Anytime tomorrow will be sufficient. Alright, any other . . .any further questions of Chief Bello? Thank you for your time. We' ll look forward to hearing from you further . VIII . POLICE DEPARTMENT OPERATIONS By Chief Victor Vierra (Verbatim) BETHEA: The next item on our agenda is a presenta- tion by Chief Vierra concerning the Police Department. We always had. . .already have his handout and Chief Vierra, we ' ll be. . .what the Charter Commission has been going through as of late is kind of a self-education program, talking to various County department heads , simply trying to become more knowledgeable about County government, about our particular County government , how it works and what will. . .about other forms of county government. However , we are ready to consider any suggestions that you have concern- ing the Charter or amendments , with respect to your depart- ment, or in any other respect. We' re not really at the decision-making stage, but we 're certainly at the in-put stage and will appreciate any in-put that you would care. to make. At any time in the future after your testimony is finished today, we ' ll be glad to talk to you again and submit a written statement with specific suggestions . So with that, I again thank you for being here and would ask you to begin with your presentation. VIERRA: Thank you, Mr . Chairman, believe me. As you 're aware, the Hawaii County Police Commission is governed. . .Hawaii County Department is governed by a Police Commission that is__appointed by the mayor . See from the chart there [presentation and chart are Attachment C] . The commission consists of seven members and they represent the various areas of this island. Right now there are two residents from the combined districts of North and South Hilo; one from the district of Puna, one from the district of Ka° u; one from the combined districts of North and South Kona; one from the combined districts of North and South Kohala and one from the district of Hamakua. As is mandated by the present County Charter , the commission shall adopt such rules asit may consider 191 necessary for the conduct of its business and regulation of the matters committed to its charge by law. Except for the purpose of inquiry, neither the commission nor its members shall interfere in any way with the administrative affairs of the department . The department is run by a chief and deputy chief of police, both of which are appointed by the Police Commission. The deputy chief is appointed by the chief with the approval of the Police Commission. As stated in the Charter , the chief is the administrative head of the depart- ment and carries out the functions of the department as required by law, in addition to training, equipping, main- taining and _ supervision';ofsworn and civilian employees.. At the present time, as evidenced by the chart, the main structure of the department is broken up into three bureaus : the administrative bureau, Hilo operations bureau and country operations bureau. Before I go into these structures , the (inaudible) criminal intelligence unit. That unit is directly responsible to the chief and deputy chief; they report to no one else in the department. Their entire function is to gather information. . . intelligence information on organized crime in the state and to pass that informa- tion, where possible, down to the various levels of the depart- ment. We ' ll move on to the administrative services bureau. That bureau is directed by a police inspector and its functions are administered by a police captain. It is comprised of three sections : the administrative services , traffic services and communications maintenance and composed of such number of officers and employees as may be assigned by the chief of police. The function of the administrative services section is to conduct research and planning in the areas of administration, operations , legislative needs and paper- work simplification, prepare general orders , and compile the department ' s annual reports , statistical tables and analyses ; develop a performance and work evaluation studies of personnel; conduct research and develop standards and techniques to improve police services . They shall provide all functions included in the area of personnel administra- tion, including recruitment, training, testing, inspections , performance evaluations , police educational programs and in-service training among other things . They are essentially the administrative (inaudible) . The traffic services section is commanded by a police lieutenant and staffed by a police sargent, an examiner of drivers and a police sargeant in charge of motor vehicle traffic and safety programs . Their function is to enforce all laws and ordinances relating to the traffic and motor vehicles and the operation thereof. The supervisor reviews investigations of major traffic casualties 192 as assigned; evaluate traffic investigation enforcement activities of the patrol services . They are our traffic safety and education specialists in the department. Since all of you have this handout, I 'm just gonna (inaudible) . BETHEA: Yes. VIERRA: The next section is the communications maintenance section. This section is supervised bya radio technician. This section essentially maintains and purchases all of our p o 1 i.c e radios . They are responsi- ble for the maintenance of all of our police stations and computer stations on this island and also on the island of Maui . We have one computer station on that island. The fiscal services division is under the command of a police inspector and is supervised by a business manager . They take care of all our department ' s budget and financial business . The last section is the records and identification section. It' s commanded by a police captain and is composed of a police lieutenant and several civilian clerks . They are essentially there to review all police reports , insure their completion and their thoroughness ; they handle all departmental correspondence pertaining to police cases . And they 're in charge of the custody and proper storage of evidence and (inaudible) property. Also falling under the purview of the records and identification section is our crime lab. As that will. indicate, three captains are responsible for the analysis of any evidence garnered by the police during their investigative process . Going onto the next bureau of the Hilo operations , that bureau is commanded, by a police inspector , and takes in the South Hilo patrol section. And with our criminal inves- tigation division, we can combine the criminal investigation section, juvenile section and our vice section. The criminal investigation section ' s responsible for all crimes of fraud, deathand violence. They investigate all felonies and major-.:crimes for the purpose of apprehend- ing, interrogating and prosecuting responsible persons and recovering stolen property. The juvenile aid section is commanded by the police lieutenant and they handle all crimes committed by juveniles, primarily status offenses such as truancy, juvenile runaway, child abuse and certain other minor related crimes . GREENWELL: Excuse me. May I ask a question? VIERRA: Yes , sir . 193 GREENWELL: Now that there ' s gonna be one established in Kona, is thisgoing to change this command here? VIERRA,: Yes , sir , in a sense. It ' s gonna depend on what we finally end up in Kona with. If they give us what we want--a lieutenant and five detectives--then yes it will change this whole thing completely. It appears that we 're gonna get a little bit less than that so not too much change will take place. I 'm looking at reorganizing the department in this particular area because of the number of cases in Kona. We're thinking of adding a fourth inspector who will handle all investigative operations, all the juvenile and vice sections, and criminal investigations sections , under one command. GREENWELL: Thank you. VIERRA: The vice section is also commanded by a lieutenant and handles all crimes dealing with commercial- ized vice, which includes gambling, prostitution and narcotics trafficking. The country operations bureau is comprised of the districts of North Hilo, Hamakua, North Kohala, South Kohala; Kona, Ka' u and Puna. These are essentially all of the patrol operations . It is headed by a police inspector and each country district is commanded by a police captain. Their function is to essentially control the streets and highways of our cities and towns , to prevent crime, preserve the peace, and protect life and property. The patrol division in Kona is commanded by a police major and this is essentially, because of the size of his command, he not only has the .patrol division in Kona but he also has the various designated functions (inaudible) in the operations bureau. The Kona district essentially mirrors whatever happens in Hilo although probably not the same amount of personnel. GREENWELL: Although more duties? VIERRA: Pardon me? GREENWELL: There' s more problems . VIERRA: Yes, much more problems. I agree with you with that. The last function is ourpolice reserves . This is under the inspector of country operations . And the police reserves serve under the immediate supervision and commanding officer of the district in t h e divisions to which they are. assigned. The police reserves - are composed or comprised of civilian volunteers who meet the requirements and qualifications as established by the chief ' s office. The function of the police reserve is essentially to supplement and augment police regulars and to perform limited duty with patrol services and such assignments as 194 patrolling, station-house duties,, guard posts , surveillances , special details and emergency duty. I will admit at' this point that our reserve program needs . . . leaves much to be desired. We have only five reserves a day, except for one out t o w a r d i_n Kona. We 're trying to rejuvenate that program as much as possible, as we can really use the help. Right now the department is comprised of 296 sworn police personnel and 83 civilian types which should bring us to a total of 379. We operate on a budget of approxi- mately $18 million dollars a year . That essentially concludes my presentation., Mr . Chairman. Will be glad to answer any questions. BETHEA: Thank you very kindly. I was just hoping Mr . Greenwell would: (inaudible). orn:the.numbers. In the Hilo division, I have 95 (inaudible) . And. . .well, I guess I think of Kona-:cahrch' should. be South _Kohala and Kona, 88. So that ' s fairly well divided according to population. In other words , under the present structure, you generally speaking have police services available where the population is . VIERRA: Yes , sir . It ' s . . . it' s hard to use traditional personnel justifications on this island. The standard is normally to justify positions based on population. .:.On this island here, because of its size, we often have to resort to a distance struggle. We have situations in some of our larger districts such as Puna and Ka' u where our policemen are 45 minutes apart, which is a serious safety concern to us . The end resultis the. . policemen have stayed together for safety and the citizen is suffering from the lack of patrol in the outer limits of the district. But it ' sdifficult to just pin down one way of justifying police. You can go on size of the district and population and case load. They 're any number of ways of doing it.. In Kona and Hilo, obviously it ' s population that calls for service. BETHEA: I see for example North Kohala with ten people. Now where would they work out of? Or say South Kohala with 18? That ' s the Waimea? VIERRA: Yes , sir . BETHEA: And North Kohala with 10, would be Haleiwa? VIERRA: No. That substation upon Kumakau, I mean. . . CUSHNIE: Kapaau. 195 VIERRA: Kapaau. BETHEA: In the Puna district, 33 . That ' s VIERRA: right. BETHEA: Puna station. VIERRA: We have a. . .we have a substation that ' s being completed, probably by the end of this month. We ' ll be putting it right at Pahoa town. We' ll be moving some of those personnel there. GREENWELL: How many vacancies are there? VIERRA: Right now we have four vacancies in the whole department, four captains . They retired in December . But that ' s , depending on how you look at it. Allthe vacancies are filled but we have 32 recruits but they 're all in recruit school. But they 're not out in the field (inaudible) . GREENWELL: They 're not. . . in other words , this is staff. VIERRA: No, sir . (Inaudible. ) GREENWELL: How many vacancies are there in the staff? Just the four? VIERRA: Yes , sir . GREENWELL: The 32 . . . (inaudible) . VIERRA: All of our positions . Yes . GREENWELL: If they pass . VIERRA: If they pass,. In fact, we've gone. . .we' ve hired 15 over what we 're authorized to hire. We 're paying them out of funds knowing that by the time the recruit school finishes in five months , we ' ll probably lose about 25% of them and then some additional retirements throughout the year , we hope we will balance out and get all of our positions filled. So we have no vacancies except for the four so Y captains (inaudible) all in recruit school, they 're P not really in the field anyway. BETHEA: Chief Vierra, are. . .you are familiar . . .have in front of you, well you have the Charter provision with respect to the Police Department; and it describes the commission and the functions of the commission. I guess the commission has recently changed. its rules, hasn ' t it, 196 concerning the authority to discharge a chief? Do you have comments on that? Before I say that, before I ask you to answer the question, when Mr . Ron Ibarra was here, who had been the managing :.director , one of the things that he mentioned, but I think it ' s (inaudible) opinion, is that he thinks the commission should be able to set policy but only in very broad areas . It should investigate wrongdoing. And he mentioned that the Honolulu system is different. Now, I 'm not really familiar with that. So I guess what I 'm asking . . . I think Mr . Ibarra, according to my notes , what we 're really talking about is a broad (inaudible) area, not having a commission interfere with day-to-day operations of the department. But I think he was suggesting something more than simply the appointment of the chief and I guess the removal of the chief. Because it really says the chief of police shall be appointed by the Police Commission and may be removed by the Police Commission. In the previous section, the Police Commission shall adopt such rules .as it may consider for the conduct of its business and regulations of the matters committed to, its charge by law. So, in one sense, the only matter committed to its charge by law is the hiring and firing of the chief of police. Should that be changed? What are your feelings , if any , about this subject? VIERRA: I think, whether any change is made or not is going to depend on whether the Count is willingto` commit in terms of a Y P budget. The Honolulu Police Commission right now functions as a civilian watchdog for the taxpayer . They have investigative powers . They have a staff of clerks and investigators . Any allegation of wrongdoing onthe part of a police officer on duty can be investigated by the Police Commission and their investigators . But even the Honolulu system, the duties and functioning of that well. ...because they. . . if you look at their track record, they rarely are able t o - f 'i 'n d against the police officer and . . . essentially because of the limited investigative powers they have. So if the Hawaii County is willing to budget an investigative staff, then yes, I could see expanding the commission' s powers here. It would take the. . . some of the work off the Police Department in investigating their own and I think would provide some balance in the eyes of the community, in that a separate entity is investigating police misconduct. If we don' t go that far , then I think at least the Charter should be a little more specific as to exactly what the Police Commission' s duties are. They 're quite ambiguous right now. We do not. . .police commissioners don ' t even know how far they ' re allowed to go and manage the (inaudible) department and I 'm at a loss to properly guide them either . 197 CUSHNIE: Mr . Chair . . . GREENWELL: Yes . Has the commission discussed this at all? Have they come up with any suggestions as to changing of their duties or their responsibilities? VIERRA: I think some of the commissions are looking forward to meeting this body some time in the future to discuss their concerns. They have a rules committee that is currently looking at their entire process to see where they could do better or (inaudible) more efficiently. GREENWELL: I 'm glad (inaudible) anticipation problems when theycome before us. VIERRA: I think so. BETHEA: Yeah, for the record, excuse me one second. I forgot to mention that , I think Gilbert Kahele of the Police Commission is in charge of the rules committee and he did call me several weeks ago and asked where we were and I told him that . . . that any time he could submit written suggestions and that the commission was speaking with a common voice particularly , we could fit them in for for a verbal testimony and questioning if they. . . if they wanted to do that. So, just for the record, so that. .. CUSHNIE: Thank you, Mr . Chairman. And welcome to the Big Island. If I may ask you, in Section 7-2.3, as Mr . Bethea mentioned, "committed to its charge by law, " Chief Vierra, do you feel or do you know of specific ordinances and laws that you are working under? Are there any ordinances that go into your day-to-day operations? VIERRA: My day-to-day operations? Some of. . .yes , there are. . .but, they 're of a very general nature. Those laws that require me to say chair the traffic highway safety committee. As far as managing and administrative Police Department, it ' s essentially in the Charter in very general terms , and it ' s up to us I guess to expand on that '-and. become more specific. . .there ' s not really much that says you can certainly . . . it ' s pretty much up to the management abilities of the chief . CUSHNIE: And those laws . Were they created by the County Council or state level? VIERRA: Majority of them are at the legislative level, just to bring the various county police departments into some sort of collective compliance because they all function at the same level. So that. . . for the purposes of gathering 198 data or crime statistics . (inaudible) . CUSHNIE: Does that go so far as to require specific ranks of your officers when they fulfill a certain duty or job position? VIERRA: No, those are normally set by the committee of personnel directors , which comprise all four counties and the state. . They more or less determine the rank structure of the Police Department. We choose, however , to fill them or not. For instance, the Honolulu Police Department has the rank of assistant chief; we have none here. We have the rank of inspector ; none of the other departments have that rank. So we. . . it depends on the department itself. But if we decide to create a position, it is our stipulation by union contract with Civil Service rules that they will be called by certain things . CUSHNIE: Are you satisfied with that arrangement? It ' s flexible enough for your needs? VIERRA: Yes , I think so. CUSHNIE: Uh-huh. Along the lines of sensitive information and speaking of in-house investigations , how do you limit the access of the commission. . .Police Commission to sensitive information, both because of investigations in the community and investigations in-house? VIERRA: I haven' t been confronted with the problem, but I know it will be very soon, because I have several major internal investigations coming to a head. And. . .one in particular is the recent Milolii incident involving Kona police officers and Yanos family. The commission is interested in the investigation and I don' t know quite how to approach it. I 'm relying on the advice of the Corpora- tion Counsel. In my opinion, because of the way information in an internal investigation is guarded, whereby police officers are required to submit statements about their duties and what they did (inaudible) , they're fifth amendment rights are violated, but not in the sense of the internal investi- gation (inaudible) criminal act. So we guard those statements in those investigations very carefully and consider them personnel-type information. If the:cominission wanted to inquire as to the status of the investigation, what actually happened, I 'd be hard pressed to provide that information. And I think the police unions would be on my back if I did give that infor- mation out. I think , if the commission wanted the information, they would have to open an investigation 199 principals and call all of the in and start the . whole process all over again. CUSHNIE: On page 2, the statement, except for the. purpose of inquiry, then you would limit the inquiry powers of the Police Commission? VIERRA: I think I 'm obliged to by . . .b.y: past._arbitra- tion and arbitration decisions . I think I 'd be obliged to briefly give them the particulars of the incident without going into specifics and to essentially let them know that, without naming names , certain officers were disciplined for these evaluations . I could go that far . But I would never be specific enough. CUSHNIE: Do you feel that this then creates , let 's say, either an unrealistic burden on you, or even perhaps a conflict of interest? The boafd. . ..Police Commission as I understand hears all complaints. And yet if they don' t have investigative powers , how do they independently research their own? You alluded to that earlier? VIERRA: Yes , it ' s a real dilemma. Then they should be there besides to appoint the chief and deputy . . . should be their representative of the people I think and they should be able to investigate members of the Police Department. The way Honolulu works is once they find against a police officer , the. . . their investigation is turned over to the chief and he is to discipline the officer, based on personnel records , past disciplinary actions , and he can discipline accordingly and then he falls back on the commission. I think that ' s the best way to do it. I don' t think the commission has the authority . . .should have the authority to actually discipline the police. . - CUSHNIE: I see. Does your Police Commission have access to funds to hire det . . . I don ' t want to say detectives . . . VIERRA: Investigators? CUSHNIE: . . . investigators for their own purposes : independent? VIERRA: No, they don ' t. Their operation on budget is part of the Police Department ' s budget. CUSHNIE: So there would certainly be a confl. . .a monetary conflict? VIERRA: Sure. 200 CUSHNIE: Thank you for bearing with me. VIERRA: Sure. CUSHNIE: Do you feel then that the commission needs to be refined in terms of the process necessary for complaints , even if they don' t require investigation? VIERRA: I think so. As it stands now, when a. . . when a citizen complains to the commission, the complaint is turned over to the department to investigate. That could work , and then again it could be covered up depending on the. . . the administrator involved. There ' s no real check and balance in that system. You have to rely entirely on. . . GREENWELL: (Inaudible) proof of (inaudible) good. . . proof of that would be a very good idea. VIERRA: I agree. I think the citizen should be represented by. a civilian board within limits , of course. BETHEA: If I could just summarize for the record what it looks like to me that confuse. . . that the confusion arises from is that Section 7-2.4 givesthe commission certain specific duties, the appointment and removal of the chief , and the confirmation of the chief ' s appointment of the deputy and the removal of the deputy. And you know that the commission has that specific authority . Further- more, and this is something else that needs to be cleared up , in 7;2 . 5 , it says , outlining the duties of the chief, it says shall have such other powers , duties and functions as may be required by the Police Commission, which in (inaudible) then had information that there is some other power in the Police Commission, other than that which has been listed. And then it goes on to say in 7-2.3 , except for purposes of inquiry, neither the commission nor its members shall interfere , etcetera. So it opens it up and suggests that there are powers of inquiry. And then it says it will adopt such rules as it may consider necessary to its conduct or its business . I think we need to keep in mind, at least in my opinion, when we get down to particulars , that that is very confusing. It doesn ' t tell the commission what it can do and what it can' t do and we need to work on it. Let me ask you one specific question. With respect to the discharge or termination of a chief of police, should there be a for-cause requirement for some sort. . . should there be a Charter . . .a. . .something more than a majority vote that is necessary? VIERRA: Yes , I think the. . . the responsibility of the chief. . .the decisions he has to make, often alienate a lot 201 of people, even though they (inaudible) and it ' s very difficult to function that way, especially knowing that, you know, you have a powerful person on the commission that controls three more votes and your job is history. What I 'd like to see is our Charter aligned with the charters of the other three counties and, if I may just briefly quote from the Honolulu charter : Section 7 , the chief of police shall be appointed by the police commission. He may be removed by the police commission only after being given a written statement of the charges against him and a hearing before the commission. They still can remove him, but I think for the purposes of the citizens , and for him and the department, that if there is some wrongdoing, that he should be like anybody else (inaudible) the written Charter , at least have a hearing. It ' s obvious there are no stipulations for that, that the whim. . .you know, and we look at it, political appointee. I can envision situations arising where, and this has happened before, you have the chief investigating a commissionerbecause of deeds of criminal wrongdoing and that commissioner wields his power to hire and fire him, that chief is either gonna go ahead and put his put his job on the line or he ' s going to back off and allow the criminal misconduct to continue. And that places him and the department in a very precarious situation. The department should be completely removed from any politics . And they should be able to proceed and investigate anybody that has been charged for or alleged to have been involved in criminal misconduct . The way our Charter is written now itputs the chief in the. . . the situation where he may have to butter up to keep his job and I don' t think that 's the position he should be in. BETHEA: Well, obviously a. .written charges and a hearing doesn' t solve that. And since the people go through it, you ' ve got. . .somebOdy's got 4 votes and ,they're against you, I would assume that you have,aright to have (inaudible) through whatever hearing procedures . It suggests to me that if this is a valid point, that either you would want to have something more than a simple majority suffice to discharge. Or you could have some sort of a for-cause criteria. Perhaps with some further review. Something to give the chief a little more security and at the same time to discharge something. . . someone for misconduct or failure to fill the. duties . I just point that out. - Do you know whether or not any of the other charters as I . . . GREENWELL: Yeah, well I think the wording the chief suggested that what the other three-charters have does take care of that. 202 BETHEA: It doesn' t take care of that. GREENWELL: You don' t think so? BETHEA: Absolutely not. It . . .all it says that you. . . a written set of charges plus a hearing, it ' s still 4 votes . GREENWELL: That ' s right. But it ' s still going to make the people (inaudible) going to those four votes think before they take a position. JUVIK: I think there ' s some way to. . . BETHEA: Yeah, I certainly think it could bear procedural due process . VIERRA: Right now the number of votes is left up to the commission to decide, and obviously the last vote can change from a 5 to 2 to a 4 to 3, I guess that could change again back to a 5 to 2, whatever . I don' t. . . it 'd be nice if it ' s in the Charter so that we guard against any abuse of the system. CUSHNIE: Perhaps we might even look in a completely independent body to hear complaints and allegations of misconduct, completely independent of the Police Commission and Fire Commission (inaudible) . I also might point out to continue Chairman Bethea ' s comment about the (inaudible) of power and who we report to, § 7-2.7 also says that you come under the general supervision and control of the mayor , which I find further limits, if not your responsibilities , at least your power . Much house cleaning. OMONAKA: Mr . Chairman. BETHEA: Yes . OMONAKA: Would you have problems , Chief Vierra, with the last provision under the (inaudible) where the mayor has supervision over you? VIERRA: No, I think the chief has to be accountable to someone. He ' s part of the County team. The mayor ' s still gonna be in control of the budget so he has (inaudible) . OMONAKA: (Inaudible) natural disaster and these kind of things ; somebody got to be in charge okay. (Inaudible) your department (inaudible) . VIERRA: Yeah, I have a little problem with that particular provision. 203 ik JUVIK: Excuse me, Mr . Chair.. . .Chief Vierra, another provision of the other county charters excluding the county of Maui is the qualifications of the police chief. Again, Hawaii County places - n o qualifications on the chief other than to be appointed by the commission. The other counties require generally a minimum of five years of police work and three years as administrative (inaudible) . Do you feel that having some specific qualifications in the Charter is appropriate? VIERRA: Yes , I do. The commission when they went through their last hiring process in which I was selected, they put in the minimum qualifications , luckily, but they weren' t advised by Charter . And I think .the. . . it ' s important to get a qualified person, somebody that is a police officer and has some experience and some expertise in the area. I think mimimum qualifications are essential, yes . GREENWELL: Will yOu. or the commission come up with suggestions as to wordingthat the department would like to see in the Charter? VIERRA: I don' t mind providing .t h e commission with . information. I don' t know about the, you know (inaudible) Police Commission was . GREENWELL: That ' s right. But I think we should listen to both sides . VIERRA: Sure. I ' dbe_glad to provide that information. I have one more area that I think is extremely critical, I think more than any other and that' s essentially the political activities . I would ask that this board consider putting: -in-this provision,...that is common. : . t o all of the charters , except Hawaii County ' s ; and it essentially says except for exercising the right to vote, no member of the Police Department shall support, advocate or aid in the election or defeat of any candidate for public office. Any violation of this section of the Charter by members of the department shall be cause for summary dismissal in the department. I think this is a very, very important provision. It keeps politics out of the Police Department where it. belongs . I 've spent 18 years in the Honolulu Police Department, and I never saw a fundraising ticket; I never heard or saw a police officer attend any fundraiser ; I never saw any cook for any fundraiser and that ' s common practice in the County here. And I think that contributed to much of the ailments that the department's going through right now. Now I agree that. Hilo is a small town here and everybody grew up tbgether .: and we ' re all friends . But we can still can be friends . 204 But when you have individual police officers that have more political power to get things done outside the department than the chief ofpolice does , and can circumvent the chief and what he needs and his programs to get what they want, you have a serious situation there. And I would think a provision like this would put a stop to that (inaudible) . And I talked to a lot of the officers before I came down here. I think they all agree almost wholeheartedly that this is something that is sorely needed now. I think we can grow out of that small-town mentality and it ' s time we looked at each other and it ' s time putting in rules and provisions that will guard against further abuses . GREENWELL: You come into this (inaudible) a great deal more (inaudible) in the::department (inaudible) . VIERRA: I think so. LUM: Chief? VIERRA: Yes . LUM: Chief Vierra, along the same line, do you think that ' s possible instead of the departmental policy . within the department that there is (inaudible) such activity? VIERRA: You can, but the extent to which we can enforce it is questionable. If there are other provisions in the County that allow it or are mute on it, this is the reason why they put. it in the Charter , just to provide that clout. ._' We have a general order that breaks right down and so we .,can_ do almost anything. I 'm really surprised at that. BETHEA: Say that again please. VIERRA: We have a set of what we call general orders that essentially control, manage and govern every police officer and what he can do in any particular area from a pursuit driving to issuing a traffic violation, almost all aspects of police work . And under the section of political activity, it allows them to. . . to sell the fund- raising tickets provided they don ' t do it in the County building. And it allows them to cook for fundraisers ; , it allows them to hold signs . I just don' t think that ' s . . . GREENWELL: Well, neither do the rules have an affect at all if it' s in the Charter . VIERRA: Exactly. 205 BETHEA: Who adopts the rules? VIERRA: Pardon me? BETHEA: Who sets up the rules? . VIERRA: The chief of police. I 'm in the process of changing that one. CUSHNIE: Mr . Chairman. GREENWELL: I don' t think that' s fair for the chief of police to have to do that. CUSHNIE: Yeah, I think that. . . , GREENWELL: (Inaudible), get blamed for it. CUSHNIE: I think that imposes a serious burden that we should perhaps not be asking of all of our department heads . You mentioned that other county charters do not permit the political participation. Is this only on police- men' s time, their work time? Or is this in their free time also? VIERRA: This includes all time. CUSHNIE: Has there been any squawk from the union or policemen' s ,union? VIERRA: (Inaudible. ) This is why the union has become a , political voice of policemen. They 're the only ones that can step out of their roles as police officers and move to`roles. as union representatives as political action committees that endorse certain politicians . But they ' re doing it as a police union rather than. . .rather than individual officers . CUSHNIE: So you feel that this in no way curtails the policemen' s freedom to speech? VIERRA: None whatsoever . CUSHNIE: Okay.: Thank you. JUVIK: Excuse me, Chief Vierra, is there any reason to single out policemen for this political non-involvement? Could such a provision be applied to all civil service, employees in the County? CUSHNIE: (Inaudible. ) 206 JUVIK: No, not political appointments or activity._That's not what I'm talking about. Civil Service personnel, (inaudible). VIERRA: .I imagine that it could, I think, they ' d have the unions all overyou, especially. HGEA and UPW. It ' s part their power (inaudible) . It comes from their ability of mobilizing their . . .their members to vote for . . . for one of their candidates . I think because of the authority and power that a police officer wields, that puts him in a special category; even :.above `the Fire. . .he has the ultimate power to deprive somebody of his _freedom. And give. . . that power used in the wrong way can go a long way to get votes and if they so (inaudible) these abuses that brought these provisions on, you can look back historically at the Police Departments: in the state when they used to be sheriffs ' departments and there ' s a lot of political abuse. And. . .which resulted in a lot of these provisions being placed in the charters . DUNCAN: Mr . Chairman. BETHEA: Yes . DUNCAN: Chief Vierra, they liked what you said about the retention of the control of the mayor and (inaudible) . Is there a particular reason that the mayor is not reflected on your . . .on your chart? (Inaudible. ) VIERRA: I just took the chart right off. . .right out of the general orders that we have. And essentially you could have the mayor and the Council, but the Council would have to confirm the commissioners . DUNCAN: But that comes directly out of. . .out of what? VIERRA: This just narrows it to departmental organization. You should also essentially then have the managing director up there also. DUNCAN: Un-huh.. It might be a good idea just in terms of, you know, looking at the big picture. Simply because I.:think if you are getting administrative direction from the mayor , it might be a good idea. . .now Dr . Smith was here earlier , and I think he asked. . .he :posed a good ques- tion.: And it ' s something. . . it ' s a question I would pose to you. Who ultimately is responsible for policy in the department? VIERRA: In the department? The chief of police. DUNCAN: The chief of police. 207 VIERRA: Yes . DUNCAN: Okay. BETHEA: Let. . . if I could follow up on that, because I think that' s a very good question. You said that you didn' t object to the sentence, as I understood it, the Police Department shall come under the general supervision and control of the mayor and that he had to report to someone. Well, if you take this far enough, you could be subject to the control of the mayor such as he says, chief, I don' t want you to conduct an investigation on so-and-so or to do this or to do that. Do you think the control and supervision goes that far? VIERRA: It hasn ' t been my experience since I 've been here. I 've known it to go that far in other jurisdictions . But I haven' t experienced that yet. BETHEA: Well, what I 'm asking because I think it ' s a follow-up to what you were talking about, is there some limit on this statement? In other words , if you have a commission set up that is supposed to be somewhat more politically 'independent, I don' t know what it means when it says it ' s under the general supervision and control of the mayor . If it really means everything, then it would be the. . .you would have to respond to an order to quash a particular investigation or to dig up the dirt on someone or something of that nature. If that ' s what it means , then I have questions about that. As a safe. . . is that. . . is that what you were getting at? DUNCAN: Well, I guess:-what I ".wanted .is some kind of clarification. Again, I get the role of the commission and the role. of the mayor , I mean, you don' t want to see a commission at odds with the mayor ' s policies , or the chief receiving mixed directions in policies . You know, it works I think if the commission is in, again, separate from the mayor and the chief operates with clear direction of where the County should go. However, I think that if you run into a commission that does not want to see the term expire with the mayor , or you see a chief that may not want to see interference by the mayor , you have in that line there. . . it doesn' t work. Either it ' s off to the side of advisory. . .but when it comes to policy, there ' s got to be some kind of line organization where policies come from maybe not necessarily. . .either it comes from the body or it comes from the mayor directly to the chief. I don' t know that the chief should have two bosses . BETHEA: That is one .point .I think that should be. . . I think it should be clear,, because if you trace the line 208 directly to the mayor and give everything. . .really, control to the mayor , then the Police Department becomes the same. . . becomes a political instrument if a mayor chooses it to be that way . I think that ' s one of the reasons that the commission was inserted in there, to try to distance itself from pure politics . At least to provide some distance from that. DUNCAN: But then. . . the commission itself; is not a policy-making body, then the only thing it may have is the politics . BETHEA: Yeah, but what I think the.. . . the answer perhaps is that the commission should be a policy-making or a, as Mr . Ibarra suggested, in the broad sense maybe not to get involved with the day-to-day operations of the depart- ment for which they ' re not. . .neither trained youknownor capable. And at the same time, and this is just a personal opinion, I think you want it to be as far removed from politics as possible and obviously not being at someone ' s disposal with their investigative power and their manpower for political purposes . CUSHNIE: I might point out, it ' s been interesting because over the course of the last few weeks , we ' ve have had quite a few new chiefs of departments speak to us . They all have their own new interpretation and I 'm sure Chief Vierra is aware of the fact that our past mayor , Mayor Carpenter , took over the day-to-day operations of the Police Department while we still had a chief of police in place. And he did it under this administrative supervision clause. Now if that ' s not direct "intervention or interference, " I don' t know what is . VIERRA: Then. . . I 'm in a very ambiguous situation. Like you said, the Charter isn' t clear , as I would inter- pret Section 7-2 . 7 , the mayor might interpret it differently as was obvious. with Mayor Carpenter . And like you said, the commission was set up specifically to separate the department from other departments in terms of political. . .pure political contact. Yet, I 'm still respon- sible to go to the mayor for my budget, my paychecks , my own personal actions , my commissions , and so you ' re part of the team but yet you' re not part of the team. You ' re in a tenuous situation. And. . . BETHEA: But. . . that ' s a practice (inaudible) . Does the mayor influence his promotions? VIERRA: He could and I have known it to happen. In Honolulu right now, the. . . the. . . there are two types of 209 promotions , the civil service competitive-type promotion where examinations are given for a particular rank and based on a combination of test score, senority, the; . .certain ranks in this . . . in the Hawaii County case it would be, lieutenants and b e• Lo ..w. They would come up on a promotional list and the chief is required to promote from that list and submit his recommendation to ivil ervice for approval of these promotions and Civil Service is responsible to insure that the list was followed and the proper people were promoted before others on the list. I have known it to happen in Honolulu where the list goes down to. . . to the mayor ' s office for approval. And there' s another type of promotion called non-competitive. And in the case of Hawaii County , it ' s captains and above. And the chief essentially has the authority to promote anybody above the rank of lieutenant to the next position, based on his personal knowledge of the individual, his loyalty and any other assets. . .or facets he wants to consider . BETHEA: Does this refer to an ordinance or just policy? VIERRA: This is civil service policy . Now, my list still has to go to the mayor for approval. The mayor ' s office should be looking at the list in terms of compliance with the EEO policy of the County. I ' ve known it to happen where people are scratched off the list. I 've known. . . I ' ll give you a good example. In this whole scheme of things here on my right, I have two majors . Up until June of last year , there were no.. . .there was, no major rank in the department . There are two major ranks now. And that was because of the mayor wanting majors in the department and the department essentially being required to fill those positions . Now I have two majors . What do I do with them? If one is ineffective, where do I put him? I have to put him in the other major ' s job or promote him or demote him. That ' s the only way of . . . it ' s a lousy situation but this was the result of political interference. It ' s a (inaudible) . BETHEA: Well, I 'm wondering. . .you know, the. . . if the administration prepared budgets , okay , I 'm. . . those budgets are prepared based on, you know, on presentations as to what needs are, etcetera. And I don ' t know whether it ' s done or where, but suppose it were the commission represents the department ' s budget, some other methodology to. . . to get that out of there. I don ' t know. I can see the problem is that, really of all the departments , I would think that at least you would want the Police Department to be the least political. Because the biggest thing. . .one of the biggest:. 210 concerns people have, I think , is that justice is meted out, even (inaudible) . VIERRA: It' s part of the balance. We ' re part of the city team, the County team, but yet we still have to operate somewhat independentibecause of the nature of our responsi- bilities . It ' s . . . BETHEA: Yeah, you may have to pursue a Council person or the mayor ora department head or something like that and that ' s expected of t h e m. And in order to do that effectively, you need a certain amount of insulation. I don' t know what other systems :rhereare. Yeah? CUSHNIE: Do we have a County legal system? County judges , who may haveto also maintain this distance? BETHEA: No, we don' t. CUSHNIE: Okay. BETHEA: We do not. I don' t know, that may be a source of inquiry for us. . .what .other methods are there to .distance a particularly sensitive department as far as possible from political interference and, at the same time, you know, keep it part of a County team so that it isn' t going off wild. But I think ,that ' s kind of a:'challenge in that responsibility . Yes . CUSHNIE: As Mrs . Duncan brought up in earlier testi- mony with Dr . Smith from the Fire Department? You've seen the case of the Puako fire which- was about a year ago, and required some real immediate pulling together of all depart- ments . What we. . . I ' ve been trying to grapple with is that there be some in-put in 'the mayor ' s office. So when ' s there ' s an emergency, and he needs to pull different departments together , no matter how autonomous they are, there should be some immediate decision-making. Could I ask you in .the next few months to perhaps formulate some ideas in which you might still maintain this in-put with the mayor ' s office using realistic examples of what you feel you would need to convey to a mayor ' s office. VIERRA: I ' ll give you an example. There are County policies that we follow. Natural disasters is one. I mean, certain calls that we respond immediately to, the Civil Defense shelter . I take our responsibilities there as part of our particular department ' s . . .we essentially follow. ,. . all fall under Harry Kim. And I've got no problem with that because he' s the expert in the area. I think, well, I know we look at ourselves as pr.ofessionalists , I mean, our 211 responsibilities and, when something happens , we know exactly how we 're supposed to respond. It doesn' t take urging.. We 're not concerned with taking credit. We just want to get the thing done and out of the way. I 've never known the Police Department n t respond to an emergency because of some (inaudible) that they had with the Fire Department or the mayor ' s office. It ' s just a natural thing. You just go and do it. You bring (inaudible) . CUSHNIE: Who declares the natural disaster or emergency situation? VIERRA: Harry. . .Harry Kim would. Even then to set the sirens off and get us mobilized. CUSHNIE: And do you feel that ' s an adequate means of response to an emergency situation, working only directly. through him as opposed to reporting to the mayor ' s office. VIERRA: Well, the mayor is overall in charge accord- ing to maybe the rules and regs . Harry Kim' s his represen- tative. We' re essentially reporting to the mayor through Harry Kim. CUSHNIE: And you feel that ' s adequate? VIERRA: I think so. Oftentimes the Police Department that sets the wheels in motion anyway because of (inaudible) . So, it would be us that would get the. . . involvement role and start mobilizing the emergency disaster team. But I think with the number of natural disasters this island has experienced in the past, it ' s a well-honed operation. I 've seen it in action. I 'm very impressed with it. Harry Kim' s got it down quite well. GREENWELL: But Harry can' t pursue that coordinating job as the top person if the mayor is still dealing with both of them. VIERRA: Yes , but., his responsibilities essentially are delegated to Harry for coordination _.purposes . GREENWELL: Good . He ' s still (inaudible) to both although Harry has t h e authority? VIERRA: Yes . GREENWELL: Okay. Now, how do you want to get rid of (inaudible) ? BETHEA: Are there other questions , Chief Vierra? 212 DUNCAN: I just have one question, and this is primarily a personal observation. But your programs are reactive to crimes , etcetera. As the new chief of police, are you taking the position of more proactive programs? I mean, I know some of your officers are very active and . . . like the DARE program and what not, and I 'm a real advocate for reaching children at a young age and _build self-esteen and all this. I see nothing on your chart though that devotes some money and attention to proactive programs rather than reactive programs . VIERRA: What you don' t see in here, - I mean, are smaller one and two-man sections like my Hi-Pal program, which I 'm very interested in. I 'm trying to expand it island wide. (Inaudible. ) BETHEA: What was that? VIERRA: DARE. Drug Assistance. . .Drug Awareness Resistance Education. We 're (inaudible) in all but two of the elementary schools on this island in fifth grade. And it ' s a 16-week course and my police officers go tothe school and teach kids about drugs , build up self-confidence and then we don' t have to worry about peer pressures and (inaudible) . (Inaudible) graduation ceremonies and certificates, and what have you. That, by the way, is not even funded. We do this all on our own. My Hi-Pal program like I said is very strong here. I 'm. . . I 'm in over my head actually. I had to put two officersin it that aren' t authorized because there are just too many kids joining the _ p r o g r a m and it ' s difficult to turn them away. And I - don' t reach all the districts yet. I 'm not in Kona and they need the program badly . I 'm hoping this budget that I just submitted will allow' me to put two more officers up there in Kona to take care of the program there. That ' s another thing that isn' t funded very much. A lot of it is done through solicitation, the business community. One of my proactive programs, if you want to term it that, is involved with my commanders . . .my district commanders involved inallorganizational community meetings . They attend these regularly now. Rotary, Lions , community, watch. . . security watch. Any community-type meeting, they 're responsible for attending; having the police presence there tolet people know we want to know their problems . A lot of them part reporting on the situations that we need. . .we 're doing a lot of work in the traffic education area. Right now, my officers are designing a pamphlet that would. . .we would hand out to seat-belt`-violators . . :personal. abuse of. . .former accident victims that do (inaudible) wrong or wear it wrong. So those 'are some of thero rams . P g It s . . . it s difficult to workwithinyouur :budget . -_ 213 i constraints because they take a lot of time and money. But it is necessary and what I 'm trying to do is take the message back to the community that we're not gonna be able to do anything ourselves . It ' s gonna take some effort on your part to help us . And, hopefully by involving m men in the community, the people start giving back too. DUNCAN: Well, just in the (inaudible) district, I ' ve already met some change. And I mean, they. . . I have already seen that. Their cousins (inaudible) you know, make themselves available to hear (inaudible) . VIERRA: I 'm glad that ' s (inaudible) . DUNCAN: It ' s very commendable. I. think I . . .well, one other question that came up when Ron Ibarra was here. But do you. . . the. . .well, the idea is to define the role of the commission then. And if the commission can be liaison between the public and the chief of police, do you see a problem with the commission meetings being publicized and well. . .and more open to (inaudible) ? VIERRA: Well, there are public meetings now. The agendas ' . public and open to the public. I think there are certain areas that shouldn' t be heard in public. Personnel matters for instance where it involves discipline of particular officers. I think that's a matter that should remain private and confidential because it could effect his family if his name is put out for a rules violation. And. . . DUNCAN: Is it practice that they do discuss those personnel matters (inaudible) ? VIERRA: No, it ' s not public information. But the. . . the meetings are public, and .we have the same people there all the time pushing for marijuana reform and. . . BETHEA: Are there other questions of Chief Vierra? JUVIK: I want to thank you for a very candid presentation. BETHEA: You got any further observations to make, Chief? VIERRA: No, I thank you for inviting me here. I ' ll be glad to submit in my recommendations . IX. GENERAL ITEMS (continued) B. Discussed organization of materials ; suggestions are welcome. . • 214 C. Discussed subscribing=.to and retaining a notebook of newspapers articles ; discussed news media coverage and insuring the public is informed . X. SETTING NEXT MEETING DATE The date was set for Wednesday, 3 : 30, on April 26th, at the same place. XI . GENERAL ITEMS (continued) D. Items to appear on the next agenda are the overall scheduling of meetings and the attorney appointment. E. Suggested that departmental presentations should pinpoint changes they would like to see made in the Charter , and that having something in writing from departments is necessary and helpful. XII . ADJOURNMENT The meeting was adjourned at approximately 6 : 52 p.m. Respectfully submitted, R. Marie Jacob Executive Secretary 215 O • 1 GOVERNMENTAL ORGANIZATION: A SUMMARY OF TESTIMONY BEFORE THE HAWAII COUNTY CHARTER COMMISSION, APRIL 4 , 1989 • 411 • Zachary Smith Associate Professor. of Political Science University of Hawaii at Hilo • • S216 ATTACHMENT A • 2 Introduction I would like to talk to you today about three, interrelated , issues in county government organization . First the relationship of the mayor to the council and different types of administrative organizations that define that. relationship. Second , the role of professionalism in staffing county administrative agencies and finally the role of campaign contributions in the functioning and cost of county government. Alternative Administrative Arrangements Hawaii County currently has what ' s described in the literature as "strong mayor" system. The mayor. , independently elected , has a great deal of leeway in determining appointments to major county departments and , with the exception of commissions that have been established in selected areas, is in a good position to influence policy implementation in county agencies. Strong mayor systems have a number of advantages and disadvantages . I ' ll talk about the positives and negatives associated with strong mayor, systems and then discuss some of the alternatives. The primary advantage of the strong mayor system is that authority or responsibility can be traced directly to the mayor . It ' s important that the public understand who is responsible for policy. When power is defused it is difficult for the public to chart the direction of county policy or know • who to throw .out of office when things go wrong . Itis unusual for, a countythe size of Hawaii. County y (in terms of population) 217 • . . 3 to have, .a full time mayor with the powers ( and salary) that Hawaii ' s .mayor. has. Although it is not unusual for large cities on the mainland to have strong mayor systems with professional mayors in most smaller communities, it ' s assumed that non-paid volunteers can carry out the function of the -mayor . However in those cities, as I will discuss below, the, mayor and the council roles are generally supplemented by a professionally trained bureaucracy —which has not been the norm in Hawaii . . A major disadvantage of a strong mayor system, according to some analysts , is that the concentration that leads to accountability also provides the potential for the abuse of power . Since ' most citizens know little about the functioning of county government, it is easy, some argue, for a strong mayor to operate with few checks on his or her. behavior . In large cities and in state governments, this potential - danger is countered by the - increased attention of that media , and the public focuses on these offices. Yet in local government , since the public is largely ignorant .of day to day functions, there is no similar check on a strong mayor ' s behavior . In a. "weak mayor" system, the mayor is elected independently from the council but lacks many of the appointive powers and budgetary powers the , st.rong mayor possesses. The philosophy behind the weak mayor system is essentially that the system democratizes the administration of the county by increasing the !II authority and responsibility of council. members. In weak mayor systems , department heads are either elected or ,, mdre likely, 218 111 4 _ selected by a county manager , through professional recruiting and not usually .subject to council veto . Weak mayor systems have the advantage of giving the public an identifiable source (and they can vote out ;,of office ) for accountability purposes but the disadvantage of :not giving that source the full authority that . may be necessary to carry out the public ' s wishes. An alternative to having an independently ,elected mayor is the council-manager system of government. Typically in a council manager-system council members are elected to the council and during its first organizational meeting the council selects one of its members to be the mayor . In council-manager systems, the mayor is largely a figurehead with all policy-making authority 111 being - within the council itself (on which the mayor sits as a co- equal member ): : . Also in council-manager systems the day-to-day business of the county is typically run by a professional city or county manager ( the educational norm is a Master 's of Public Administration degree or equivalent exper. ience) . The manager • serves at the pleasure of the council or on a contract basis and is generally responsible for keeping council "members informed of the day-to-day activities and needs " of the, county . In most council manager systems the councils ,are. part-time bodies meeting once , a week 'or less often and they are paid . very little ifat all . Obviouslyin a council--manager system the council members rely heavily on as professional manager as well as professional department heads. The advantage of not paying elected officials 411 (or , as is more common , limiting salary to a small per. ,-diem) is 219 . , , . . . • . • •- 5 that such systems have fewer "professional politicians" , people forr -whom politics is an occupation and more people who enter politics out of a feeling of civic duty. A weak mayor system in conjunction with the establishment of - . a highly professionalized county civil service -would , it seems to me, provide t.he. best mix for . Hawaii County. This would take some of the . politics . out of County administration,. increase the • authority of t.he council vis-a-vis the mayor , and increase the level .of professionalism in county administration . ' The last point above needs some elaboration . In city and county governments across the country when vacancies occur in major administrative offices ( for. example, Managing Director_ ; IIIDirectorof Parks and Recreation, Finance Director) the vacancies • are filled through ;national advertising and recruiting . . I read many of the publications that advertise these positions and it is common to see as ' for a deputy director of a small city in central California or a park and recreation director. for a recreation .district in rural North Carolina (to provide a couple of examples) but in Hawaii County people wonder if we should hire someone from Maui . Although the desire to pr-ovide . local people with jobs is understandable and an acceptable. part of any municipal hiring policy such a policy,, to the extent it prevents - hiring the most qualified individual for the position , is , very unfortunate when followed for the ' recruiting for the first and second line positions in a department. Although Hawaii County 111 has been fortunate to 'have had many well qualified and efficient . 220 • • 411 6 administr.ator.s we have also had people who would have a difficult time getting an entry level position is a department that did not follow local political considerations and residency as the primary qualification for hiring . In the years I have been here I have met many County heads in several administrations . On more than one occasion I have met County heads who knew absolutely nothing about . what other professionals were doing in their fields. I used to think it funny but as I am writing this it makes me sad . (I developed the University of Hawaii at Hilo Certificate Program in Public Administration and Public Service after such an experience and with the specific intent of providing a service to county officials. Although several county employees axe currently in' the program the people who might most benefit. for the training - department heads - are the least likely to have the time. ) This would not preclude hiring local people for top administrative positions. In fact familiarity with local conditions could be made one of the desirable qualifications in the job listing . There are many very well qualified people on the island . What it would do is help to prevent hiring people with no relevant training and experience who have as their only qualification having helped to elect the mayor. . Professionalism IllIn addition to the question of qualifications of top level 221 4110 7 county administrators a related problem has to do with politicalization of administrative posts. In the field of public administration, we have understood for fifty years that politics and administration cannot be separated . Public administration is inherently political . However there are certainly degrees, of politicalization of public administrators. In a system wherein you have a strong independently elected mayor who has the appointment power for most departments (with very little effective check by the council) and with no requirements that appointments be of professionally trained administrators, we ' should not be surprised to find people who not only are notwell qualified for. their positions upon entering but, also who , after. • being in the" job for, a while , find they are pressed into political service for the benefit of their. boss. It is one thing to support your mayor and or your council , its quite another to be expected to go to fund raisers or to sell tickets. Although I understand this ihi common to Hawaii politics in most communities, the idea that you are asked to buy a fund raising ticket from the same person who regulates your business , for example , is repugnant. A . r.elated problem to the politicalization of administrative posts is the _politicalization of county bureaucracy in general . Recently after, a mayoral election , the winning candidates supporters passed out cardscarrying instructions on where supporters should go to be considered for county jobs. The cards • included the reminder "remember if you don' t apply for a job we 222 • „ 40 can' t help you" . That kind of blatant patronage one associates with cities like Chicago . County Finance County government. in Hawaii is expensive . It is not only expensive because the County is involved in many very important activities and we have a population distributed over a relatively large area but it also is expensive because we pay a surcharge of sorts for many of the goods and services that are provided to the county. More about that in a moment. Political scientists have been studying campaign funding and local government finance for many years . The generally accepted explanation for the relationship between campaign contributions and influence in local government is that the contribution does not buy a contract directly but rather it buys access to county officials that a contributor might otherwise not have . Government officials are quite busy and when given a choice between a number of people with whom to share their time they understandably are likely to favor those who have supported • their campaigns , through campaign contributions . It is no coincidence that when you examine the spending reports for elected officials in Hawaii County, you discover that a large percentage of the contributions come from people that either have or anticipate having business with the County. Hawaii county is not unique in this regard . The pattern is similar in local ® government across the country. People who do business for the Y 223 I • 411 9 county contribute to the campaigns of officials. While there is nothing inherently evil in such' a system, it does open a door for possible abuses. Although I haven' t had the time to conduct a • thorough study of the issue, it seems that. Hawaii County spends a great deal for goods and services that are provided to the County. For example, in the city of Flagstaff, Arizona, a city that is run by a professional city manager and staffeIlar.gely by professionals and governed by a nonprofessional council the cost of installing : a four-way stop signal averages between $100 and $150, 000. In Hawaii county, judging from newspaper reports, the cost averages between $200 and $300 , 000 . Matson couldn ' t be taking that big of a cut. Although on the surface the bidding • procedure is objective and open to all , to most careful observers of county government it seems that the process is more open to some more than others. • Although it ' s difficult to find a direct causal relationship between campaign contributions and government contracts, a smart business person doesn ' t contribute hundreds or thousands of dollars to county elections in anticipation of nothing in return . The question is then is where is that money coming from? Are elections cost-free to the taxpayer? The answer , most political scientists that have studied local government finance have concluded , is no . The money cones from the public through increased taxes that are necessary to pay for government 411 expenditures that are higher than they would otherwise be . Most campaign contributions come from those doing business with the 224 .. . . . . _ _ _ . 411 _ , , . . . ‘ , • l 0 county. Contributions are considered a cost of doing business by businesses. Businesses recoup their costs . by charging more for services. Ergo campaign finances are paid by the taxpayer through higher, taxes necessary to pay for the higher cost of providing government services and the increased costs of good and services of the contributors. . How to r.,emedy , this situation? Public financing of :county council and mayoral campaigns would be one logical solution . By taking private money out , of the electoral process , elected ' officials would not feel the need come to the extent that they _do , to accommodate one segment of the 'population ( i .e . , one that makes campaign contributions ) over. another . The cost of . IIIpublicly financing election- campaign would .not be great and in the long run:would d Produce bettergovernment , less expensive government , and perhaps most importantly more responsive government for the average citizen. A mechanism can be devised either through the requiring of signatures or the raising of a certain amount of funds in very small amounts to weed ,out the serious from the 'unserious candidate . Candidates, assured of a base of campaign support would no 'longer need to rely , on the contributions of those .doing business with county .gover.nment . Although free. speech considerations prevent prohibitions against the candidates spending their. own money in a campaign , candidates ' that have agreed to accept public funding, may .be prohibited from accepting outside contributions. The freedom • that candidates would be . allowed bY not having to relay oh 225 . .• . , . 1 pi 11 . . . ' , outside contributions will be beneficial to allc:. . . . e. -eee-ct , of . . course, those. who have benefited 'from the returns in investment that their campaign contributions have provided in the past.. For some :this will sound like a give away of the taxpayer ' s money to fundpolitic'ians. .After all why use county funds for . • something now that is essentially "free" . The point that has to be made however to the public is that the current system is not . free- - someone pays and those payers are taxpayers through . decreased access, and increased cost (that is higher taxes) of the county doing business. . , - Admittedly what I am suggesting is progressive. But. Hawaii has been on the forefront of many governmental reforms ( the Iexistence of this Commission is one such example ) . Hawaii County and this Commission have a unique opportunity to greatly improve the administration of County government.. The recent election demonstrated that a . significant. percentage of the population ' is sick and tired of political .business as usual . The election also brought in an administration not beholden to the traditional financiers of political campaigns in the County. This' window of opportunity ari not present itself again for many years . I hope the Commission can take advantage of the oppor.tunity''�na;ke some important changes in county government. III226 HAWAII FIRE DEPARTMENT • COUNTY OF HAWAII I . ROLES AND DUTIES A. ROLE. THE HAWAII COUNTY FIRE DEPARTMENT IS A FULLY PAID PROFESSIONAL FIRE PROTECTION AGENCY SUPPLEMENTED BY VOLUNTEER UNITS IN THE RURAL AREAS . IT HAS THE RESPONSIBILITY OF PROTECTING LIFE AND PROPERTY FROM FIRES AND MULTIFARIOUS EMERGENCIES AND PROVIDE EMERGENCY MEDICAL SERVICES TO A POPULATION. IN EXCESS OF 115 ,000. THIS POPULATION IS SPREAD OUT OVER 4 ,038 SQUARE MILES OF MOUNTAINS, PLATEAUS, TROPICAL RAIN FORESTS, AGRICULTURAL LANDS, AND DESERT AREAS . PROVIDING ADEQUATE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THIS VAST AREAS PRESENTS MANY PROBLEMS, ESPECIALLY IN THE AREA OF RESPONSE TIMES . EMERGENCY SITUATIONS ROUTINELY MANAGED INCLUDES : 1 . FIRE SUPPRESSION - STRUCTURAL,VEHICULAR, BRUSH, CROPS , ETC . 2 . MEDICAL EMERGENCIES - PRE-HOSPITAL FOR TRAUMATIC OR NATURAL ILLNESS . 3 . LAND AND SEA RESCUES OR SEARCHES INVOLVING WATER SPORTS OR FISHING, OVERDUE HIKERS , HUNTERS, OR FISHERMEN, ETC . 4 . VEHICULAR OR OTHER EXTRICATIONS 5 . HAZARDOUS MATERIALS MITIGATION OF PETROLEUM OR CHEMICAL • PRODUCT LEAK(S) , RUPTURES , OR SPILLS . B. DUTIES • THE ON-GOING DUTIES OF THE FIRE DEPARTMENT ARE: 1 . PROVIDE FIRE SAFETY MITIGATION ACTIVITIES THROUGH EDUCATION OR FIRE SAFETY CODE ENFORCEMENT 2 . PROVIDE AN ADEQUATE RESPONSE TO ANY EMERGENCY WITH PROPER EQUIPMENT AND TRAINED PERSONNEL IN A TIMELY MANNER THAT MINIMIZES PERSONAL INJURY OR PROPERTY LOSS AND LOSS OF LIFE . 3 . TO ACCOMPLISH ASSIGNED MISSIONS WITH RELENTLESS PROFESSIONAL AND FISCAL RESPONSIBILITY. II . MAJOR GOALS AND OBJECTIVES A. PROVIDE INDEPT COVERAGE OF ALL THE BIG ISLAND FOR THE RESPONSE TO FIRE AND RESCUE EMERGENCIES 1 . CONTINUED PROGRAM OF UPGRADING OR ADDITION OF FIRE STATION FACILITIES 2 . CONTINUE PROGRAM OF UPGRADING FIREFIGHTING CAPABILITIES AND RELIABILITY THROUGH SCHEDULED EQUIPMENT REPLACEMENT AND/OR REASSIGNMENT 3 . INCREASE INTERPERSONAL DYNAMICS AND ADMINISTRATION SKILLS FOR STAFF OFFICERS AND TECHNICAL SKILLS OF THE FIRE PREVENTION STAFF B. EXPAND EMERGENCY MEDICAL COVERAGE TO OUTLYING AREAS TO REDUCE RESPONSE TIMES CURRENTLY BEING EXPERIENCED 227 ATTACHMENT B 1 . ACQUIRE MORE PERSONNEL TO UPGRADE PRESENT MEDIC UNIT AT • NORTH KOHALA FROM BASIC TO ADVANCE LIFE SUPPORT CAPABILITY 2 . SEEK CONTINUANCE OF LOCAL MICT TRAINING PROGRAM FROM HEALTH DEPARTMENT TO MEET PERSONNEL DEMANDS (MICT) GENERATED BY NEW POSITIONS AND NORMAL PERSONNEL ATTRITION . C. PROVIDE ADEQUATE EQUIPMENT THROUGH SCHEDULED REPLACEMENT . III . MAJOR FUNCTIONS A. OFFICE OF THE FIRE CHIEF FIRE CHIEF COORDINATES THE ALLOCATION OF RESOURCES, ACTIVITIES, AND OUTPUT SERVICES ASSOCIATED WITH THE HANDLING OF A DEFINED FIRE PROBLEM COMPLEX IN THE RESPONSIBLE GEOGRAPHICAL JURISDICTION. . THE POSITION CHARGE IS A VERY BROAD ONE ; IT IS NOT RESTRICTED TO THE INTERNAL ARRANGEMENT OF THE DEPARTMENT ITSELF, RATHER, IT IMPLIES AN ENCOMPASSING VIEW OF FIRE SAFETY WITHIN A TOTAL ENVIRONMENTAL CONTEXT. THE COORDINATION FUNCTION IS NECESSARILY RESTRICTIVE TO ORGANIZATIONAL ADMINISTRATION. SPECIFICALLY: POLICY FORMULATION, ADMINISTRATIVE PLANNING, ADMINISTRATIVE COORDINATION, ADMINISTRATIVE CONTROL AND ADMINISTRATIVE COMMUNICATIONS. THE ROLE OF 'DIRECTING FIRE SUPPRESSION FORCES (OPERATIONS) IS DELEGATED TO THE DEPUTY FIRE CHIEF. ADMINISTRATIVE CORRESPONDENCE AND DOCUMENTS ARE HANDLED BY THE FIRE CHIEF'S SECRETARY. 411 B. FISCAL DIVISION PROVIDE FISCAL ASSISTANCE TO THE FIRE CHIEF AND THE DEPUTY FIRE CHIEF; PLAN, DIRECT AND COORDINATE THE FISCAL ACTIVITIES FOR THE ENTIRE DEPARTMENT THROUGH CONTROL OF BUDGET DEVELOPMENT, EXPENDITURES AND REVIEW; MANAGE THE PURCHASING, ACCOUNTS RECEIVABLE, AND PAYROLL FUNCTIONS ; PREPARE REGULAR AND SPECIAL REPORTS ; ACT AS LIAISON WITH OTHER DEPARTMENTS AND GOVERNMENT AND PRIVATE AGENCIES ON FISCAL TRANSACTIONS; EVALUATE ALL FISCAL ORGANIZATION PROCEDURES . C. PERSONNEL DIVISION ADMINISTERS THE DAY-TO-DAY DEPARTMENTALE P RSONNEL FUNCTIONS TO ENHANCE THE ACCOMPLISHMENT OF THE OVERALL GOALS OF THE DEPARTMENT. PERSONNEL ADMINISTRATION CONSIST OF: CLASSIYING THE POSITIONS WITHIN THE DEPARTMENT, CREATING DETAILED DESCRIPTIONS OF THE WORK TO BE PERFORMED BY EMPLOYEES IN EACH POSITION, INCLUDING PROMOTIONAL REQUIREMENTS, ADMINISTERS THE PLAN AND BENEFITS, ENSURING THAT THE DEPARTMENT DOES NOT DISCRIMINATE IN HIRING, ASSIGNING, DISCIPLING , OR PROMOTING EMPLOYEES, MAINTAINING A SYSTEM FOR APPRAISALS AND PROVIDE COUNSELING FOR WORKERS ' COMPENSATION. • D. FIRE PREVENTION DIVISION RESPONSIBLE FOR THE COORDINATION OF PUBLIC FIRE EDUCATION PROGRAMS. PROVIDES PERIODIC LIFE SAFETY AND FIRE HAZARD 228 INSPECTIONS , CORRECTIONS AND ENFORCEMENT PROGRAMS . CONDUCTS • FIRE CAUSE AND ARSON INVESTIGATIONS . MAINTAINS LATEST FIRE PREVENTION CODES . RECOMMENDS ORDINANCES AND FIRE SAFETY LAWS TO MINIMIZE LOSS OF LIFE AND PROPERTY BY UNCONTROLLED FIRE. PROVIDES REVIEW OF PLANS FOR NEW CONSTRUCTION RELATIVE TO FIRE RESISTIVE CONSTRUCTON, SEPARATIONS , BUILT-IN FIRE PROTECTION, HYDRANT LAYOUTS, AND APPARATUS ACCESS . E. TRAINING DIVISION DRIVER TRAINING SECTION VOLUNTEER TRAINING SECTION THE TRAINING DIVISION HAS THE OBJECTIVE OF PROVIDING AND EVALUATING A TOTAL EDUCATION/TRAINING AND DRIVER TRAINING PROGRAM FOR THE FIRE PROTECTION DIVISION. THIS MEANS THAT THE EDUCATION AND TRAINING PROGRAM INVOLVES THE DIVISION' S INTERNAL PERSONNEL AND EXTERNAL SYSTEM PERSONNEL THAT INTERACT WITH THE PUBLIC SAFETY SYSTEM DIRECTS THE VOLUNTEER TRAINING PROGRAM. DUE TO THE AREA SERVED, VOLUNTEER FIREFIGHTERS ARE ESSENTIAL IN PROVIDING NEEDED FIRE PROTECTION THROUGHOUT RURAL HAWAII . - RESPONSIBLE FOR ORGANIZING AND HAVING WELL- TRAINED AND WELL- EQUIPPED VOLUNTEER FIRE COMPANIES F. EMERGENCY MEDICAL SERVICES DIVISION 411 THE EMERGENCY MEDICAL SERVICES ROLE IN THE SYSTEM GENERALLY IS LIMITED TO THE PRE-HOSPITAL PHASES . PROVIDES MINIMUM LEVEL OF LIFE SUPPORT SERVICE WITH SPECIAL EMPHASIS ON DEFINITIVE TREATMENT OF TRAUMA AND ACUTE MEDICAL ILLNESS PATIENTS . ASSURES AND MAINTAINS QUALITY SERVICE THROUGH CONTINUOUS IN- SERVICE TRAINING PROGRAMS G . FIRE AUXILIARY SERVICES DIVISION EQUIPMENT MAINTENANCE SECTION COMMUNICATIONS SECTION PROVIDES A DIRECT SERVICE TO THE MAJOR PROJECT SYSTEM, AND IS COMPOSED OF UNIT SUBSYSTEMS THAT DEMONSTRATE A SPECIALIZED EXPERTISE, CAPABLE OF ENHANCING THE PERFORMANCE OF EACH MAJOR PROJECT SYSTEM. H. FIRE PROTECTION DIVISION CENTRAL FIRE STATION WAIAKEA FIRE/RESCUE STATION KAWAILANI FIRE STATION KAUMANA FIRE STATION KEAAU FIRE STATION CAPTAIN COOK FIRE STATION KAILUA FIRE/RESCUE STATION HONOKAA FIRE STATION WAIMEA FIRE STATION 229 PAHOA FIRE STATION KA'U FIRE STATION SOUTH KOHALA FIRE STATION NORTH KOHALA FIRE STATION THE FIRE PROTECTION DIVISION RELATES TO THE ORGANIZATIONAL OPERATIONS, DUTIES AND ACTIVITIES' CONCERNED WITH DIRECT PUBLIC EMERGENCY SERVICES WHICH EMPHASIZE FIRE SUPPRESSION AND RESCUE WORK. FUNCTIONS OF THE DIVISION ARE NOT LIMITED TO EMERGENCY EFFORTS . BASED UPON THE FLEXIBILITY OF OBJECTIVES AND THE LEVEL • OF SERVICE IMPLEMENTATION, MEMBERS OF THE DIVISION MAY BE ASSIGNED DUTIES ASSOCIATED WITH THE TOTAL OPERATIONS AREA. 11/ 230 HAWAII COUNTY FIRE DEPARTMENT EXHIBIT A 0 , . . Medic Unit Boundaries orth Kohala (M-15) ! 04111106 Waimea (M-9) 4N 5 Honokaa (M-8) lir Nilo 8 South Kohala 9 516:13$',w 7.00D. moo Kaumana o (r'' , 4111.„,„" . . boo Central (M-1) . Waiakea • A . Kawailani A. ,. . . 0Keaau (M-5) 111(ailua " r • . i 0 1111041111 (M-7,) �'� it,,0 -.Captain 0• o ll, Cook (M-6) 1°,,c) ° • b• 00. ' . ..:.... ..\ Pahoa 2.00u • 11 , Pahala •� .41.1%.11,...... Naalehu (M-11) • 0 . . , . 231 • dill 0 • . MAYOR COUNTY • COUNCIL 1 HAWASS COUNTY FSRE DEPARTMENT MANAGING DIRECTOR N 1 W (V FIRE CHIEF 1 1-Secretary SR-14 - DEPUTY FIRE 'jny CHIEF w 1 23' ( I I. _____L_____ 1 FISCAL 5, PERSONNEL FIRE TRAINING COMMUNICATIONS EMS FIRE • ,REVENTIO ERVICE BUREAU • PROTECTION I-Acct.III lV. y)\ 1-Persnl I-Fire 1-Bn.Chief 1-Bn.Chief 1-Fire 3-Battalion SR-21 ::,'\\ Assistant Captain EM-3 (FASO) Captain Chief SR-17 SR-24 EM-3 (EMS) EM-3 I 1 SR-24 --L— --J ^ —1—^ I 1 1 I 1 --1-- 1 1 - -Clerk 1-Senior11 •-Fire 1-Fire 1-Fire Eavi o.Mnt Aux./Sere. 6-Fire N.KOHALA CENTRAL WAIAKEA RAWAILANI KAUMANA CAPT.COOK Typist Account �•reventio Captain Apparatus 1-Chief 1- .1 Fighter 3-Fire 3-Fire 3-?ire .3-Fire c-Fire 3-Fire SR-8 Clerk Insp. I (Vo1.Trnq) Trainer Mechanic Technician SR-16 Captain Captain Captain Captain Captain Captain SR-13 SR-19 SR-24 SR-20 F2-II SR-18 SR-24 SR-24 SR-24 SR-24 SR-24 SR-24 • _ I �- _____r I - 1-Clerk �� I I I I _____L_. 1 ___1_____ 3-Fire Typist -Fire 3-Fire 3-Fire 3-Fire c-Fire -Fire 3-Fire 1-Asst. 1-Data 1-Fire 5-Fire Equip. 9-F/Radio SR-8 quip.Opr. Equip.Opr. quip.Opr. Equip.Opr. ,quip.Opr . ip.Opr. Equip.Opr. Account Entry Equipment ighter Mechanic Disptr II SR-20 SR-20 SR-20 SR-20 SR-20 SR-20 SR-20 _. Clerk Operator Operator ecruit WB-11 SR-15 1 1_ 1 1 SR-8 SR-8 SR-20 (TANISR-1 1-Helicptr 6 -Fire 12-Fire -Fire/ 7-Fire -Fire I2-Fire 2-Fire LAUP. Mechanic Fighters Fighters Rescue Fighters Fighters Fighter- Fighter . RECAP 2-Fire (TAN)WB-15 SR-16 SR-16 pecialis SR-16 SR-16 SR-16 SR-16 1-Fire Chief A-17 Equip.Opr SR-1B I 1-Deputy Fire Chief A-16 SR-20 I 1 1-Secretary SR-14. PEPEEKEO NAALEHU HAWAIIAN 1 1-Accountant III SR-21 BEACHES KAILUA HONORAA WAIMEA "®'' KAU S. KOHALA 1-Personnel Assistant SR-17 PAAUILO PARADISE BONA 6-Fire 3-Fire 3-Fire a-Fire 1-Fire 3-Fire 1-Senior Account Clerk SR-13 PARR VILLAGE Captain Captain Captain Captain Captain Captain 1-Assistant Account Clerk SR-8 PUARO . WAIROLOA DISCOVERY SR-24 SR-24 SR-24 SR-24. SR-24 SR-24 2-Clerk-Typist SR-8 HARBOR 1 I . I 1 1-Data Entry Operator SR-8 H.O.V.E. 6-Fire 3-Fire 3-Fire a-Fire 3-Fire -Fire 1-Auxiliary Svcs. Technician SR-18 Eauip.Opr. Equip.Opr. Equip.Opr. ,quip.Opr. Equip.Opr. quip.Opr. 9-Fire Radio Dispatcher II SR-15 SR-20 _ SR-20 SR-20 SR-20 SR-20 SR-20 1-Chief Mechanic, HFD PII-11 1 1 1 1 1 3-Fire Equipment Mechanic WS-11 9-Fire/ 12-Fire 12-Fire .-Fire 3-Fire B-Fire 5-Battalion Chief SR-26 Rescue Fighters Fighters Fighters Fighters Fighters 40-Fire Captain SR-24 Specialist SR-16 SR-16 SR-16 SR-16 SR-16 45-Fire Equipment Operator ' SR-20 NOTE - Temporary as needed positions: SR-18 1-Fire Apparatus Trainer SR-20 1 4-Fire Prevention Inspector I SR-18 1-Helicopter Mechanic RB-15 12-Fire 18-Fire Rescue Specialist SR-1B 15-Firefighter Recruits SR-14 Fighters 121-Fire Fighter SR-16 SR-16 258-TOTAL AUTHORIZED POSITIONS 11/09/88 4IP HAWAII COUNTY POLICE DEPARTMENT I . DESCRIPTION OF DEPARTMENT ' S RESPONSIBILITIES A. FUNCTION The Hawaii County Police Department is responsible for the preservation of peace, prevention of crime, detection and arrest of violators of the law, protection of the rights of persons and property, and enforcement and prevention of violations of all laws of the State of Hawaii and County of Hawaii . • B . ORGANIZATION The Police Department consists of a Police Commission , a Chief of Police, a Deputy Chief of Police and the necessary staff . 1 . Police Commission The Police Commission consists of seven members appointed by the Mayor with the approval of the County Council in a manner provided by the County Charter . Two Commissioners shall be residents of the combined districts of North and South Hilo, one from the district of Puna, one from the district of Ka ' u , one from the combined districts of North and South Kona , one from the 11/ combined districts of North and South Kohala, and one from the district of Hamakua . 233 2 11, As mandated by the County Charter , the Police Commission shall adopt such rules as it may consider necessary for the conduct of its business and regulation of the matters committed to its charge by law. Except for purpose of inquiry, neither the Commission nor its members shall interfere in any way with the administrative affairs of the department . 2 . Chief of Police and Deputy Chief of Police The Chief of Police is appointed by the Police Commission and may be removed by the Police Commission . The Deputy Chief of Police is appointed by the Chief of Police with the approval of the Police Commission . • The Chief of Police is the administrative head of the department and , in addition to carrying out the functions as indicated in paragraph "A. Function" , shall also be responsible for the training, equipping, maintaining and supervision of the sworn and civilian employees of the department . The Chief of Police may have such other powers , duties and functions as may be required by the Police Commission or provided by law. 11/ 234 3 411 3 . Staff The department is organized into three main bureaus : a. Administrative b. Operations — Country c . Operations — Hilo II . COMMAND STRUCTURE A. CHIEF OF POLICE & DEPUTY CHIEF OF POLICE 1 . Criminal Intelligence Unit a. Command and Organization Directed by the Deputy Chief of Police, the Criminal Intelligence Unit is commanded by a Police Lieutenant . It shall be composed of such number of officers as may be assigned in Hilo and Kona by the Chief of Police. b. Function Keeps police administrators informed of the extent , nature and characteristics of organized crime activity and brings to justice all law violators in concert with allied enforcement and prosecutorial agencies of the Federal , State and County Governments . 235 4 111 B. ADMINISTRATIVE BUREAU 1 . Administrative Services Division Directed by a Police Inspector , the Administrative Services Division ' s functions are administered by a Police Captain . It is comprised of three sections : Administrative Services , Traffic Services , and Communications Maintenance, and composed of such number of officers and employees as may be assigned by the Chief of Police. a . Administrative Services Section 1 ) Command and Organization The Administrative Services Section is commanded by a Police Captain with the assistance of a 11/ Police Lieutenant , a Police Sergeant , and such Police officers and employees as may be assigned by the Chief of Police. 2 ) Function Conduct research and planning in the areas of administration, operations , legislative needs and paperwork simplification . Prepare general , orders and compile the department ' s annual report , statistical tables and analyses . Develop performance and work evaluation studies of personnel . Conduct research and develop standards and techniques to improve police 11/ services . 236 5 Provide all functions included in the area of personnel administration , including recruitment , training , testing, inspections , performance evaluations , police educational programs and in—service training, investigation of violations of rules and regulations , preparation of official memorandums , personnel orders , disciplinary orders , and administrative notices , development of the departmental vacation and physical examination schedules, supervision of personnel files , investigation of work—related injuries involving departmental personnel , maintenance of health fund files , maintenance of 11/ EEOC and Affirmative Action records . Conduct community relations and crime prevention programs , prepare press releases , conduct public education programs , and provide word processing services . b. Traffic Services Section 1 ) Command and Organization The Traffic Services Section is commanded by a Police Lieutenant and staffed by a Police Sergeant , appointed as Examiner of Drivers , in charge of driver licensing, a Police Sergeant in charge of motor vehicle traffic and safety 11/ 237 6 11/ functions and such other Police officers and employees as may be assigned by the Chief of Police. 2 ) Function Enforce all laws and ordinances relating to traffic and motor vehicles and the operation thereof . Supervise and review investigations of major traffic casualties as assigned . Evaluate traffic investigation and enforcement activities of the patrol services . Conduct traffic safety education programs in the schools and for the public . Assist the Planning and Traffic Departments in conducting special studies and II/ research on needed traffic safety measures and in analyzing problems to determine remedial measures . Maintain records of traffic casualties , hazards and enforcement . Compile traffic statistics . Inspect and certify the safe mechanical condition of taxis , buses , and other public carriers . Examine taxi drivers and issue taxi driver permits . Administer , enforce, and regulate motor vehicle responsibility laws . Examine and certify motor vehicle safety inspection stations and certify safety inspectors . Conduct safety checks of vehicles 11/ 238 7 and school buses . Examine and license applicants for various types of driver licenses . Supervise Junior Pedestrian Officers in schools . Analyzecollision reports and prepare summaries for use by patrol services in maintaining a selective enforcement program. Conduct specialized traffic surveys and prepare reports for the Chief of Police. Develop and recommend engineering plans for the solution of traffic problems . Initiate and assist in the preparation of traffic control legislation . Plan traffic control at special functions . Initiate, monitor, and account for Federal 11/ Highway Safety Project Grants related to traffic safety . c . Communications Maintenance Section 1 ) Command and Organization The Communications Maintenance Section is supervised by a Radio Technician and such other employees as may be assigned by the Chief of Police. 2 ) Function Plan , install , and maintain the radio communication system for the County of Hawaii . Make periodic inspections and repairs to all 11/ 239 • 8 111 base and mobile radio equipment . Install and maintain other electronic equipment such as sirens , emergency blue lights , recorders , etc . Keep official records and logs . 2 . Fiscal Services Division a. Command and Organization Under the command of a Police Inspector , the Fiscal Services Division is supervised by a Business Manager who is assisted by an Accountant and such number of employees as may be assigned by the Chief of Police.' b. Function Prepare department budgets , maintain the • department ' s books and accounts , keep inventory records of department property, make up payrolls , maintain personnel attendance records , purchase supplies , process requests for equipment , distribute supplies to districts and bureaus , furnish custodial and maintenance services , provide patrol and other official vehicle with gas and oil , provide messenger and delivery service. 11/ 240 9 3 . Records & Identification Division a. Command and Organization Directed by a Police Inspector , the Records and Identification Division is commanded by a Police Captain . It is composed of a Police Lieutenant and such number of employees as may be assigned by the Chief of Police. b. Function Maintain report and record files of the department . Review police reports and maintain a follow—up system to assure completion of each case. Handle departmental correspondence pertaining to police cases . Process applications for firearms permits 11/ and register firearms . Take custody of property and evidence received or recovered by the department . Receive bail/bond and make accounting of such to the courts . Provide bailiff services to the district court . Refer case to the district court for the 11/ 241 r 10 11/ court calendar . Prepare warrants and complaints against offenders . Maintain liaison between the court and police personnel , and between the pro"secutor ' s office and members . Provide staff supervision over the records duties of all members ; coordinate the reporting activities of all members and units . Plan and design record forms . Process civil documents for service. Release press information . Release copies of reports as required . Provide identification services , including fingerprinting, photography , maintenance of fingerprint identification and photograph files . • Examine crime scenes for identification evidence. Search identification files and develop individual criminal history records . Provide staff supervision and evaluate identification operations in the field by detectives and policemen . Fingerprint and photograph prisoners , suspects , and arrested persons according to established policies . Furnish civil identification service to applicants and other persons . 11/ 242 11 C . OPERATIONS — HILO 1 . Patrol Division South Hilo a. Directed by a Police Inspector , the Patrol Division , South Hilo, is commanded by a Police Captain, and divided into three platoons , each assi-gned to eight—hour shifts . b. Each platoon is under the command of a Police Lieutenant , who is assisted by a Police Sergeant . c . Each platoon is composed of such number of police officers and employees as may be assigned by the Chief of Police. d . Function Patrol the streets and highways of the city, towns • and districts on foot and in patrol cars for the purpose of preventing crime, preserving peace, protecting life and property, enforcing laws and ordinances and serving the public. Check the security of doors and windows of business establishments . Check the security of unattended private homes when requested . Control public gatherings and flow of motor vehicle traffic. Perform services relative to public health and safety . Investigate persons whose conduct is suspicious . Make surveillances and inspect places that may be hangouts for suspicious persons and II/ 243 12 11/ possible law violators . Receive and process complaints made by citizens , and arrest offenders . Serve legal processes and legal documents . Make preliminary or complete investigations of crimes as may be required , search crime scenes for evidence, protect crime scenes and preserve evidence . Investigate all types of accidents . Issue citations to traffic law violators . Perform coroner ' s function . 2 . Criminal Investigation Division Directed by a Police Inspector and under the management of a Police Major , the Criminal Investigation Division is commanded by a Police Captain . It is comprised of 111 three sections : Criminal Investigation, Juvenile Aid , and Vice, and composed of such number of detectives , police reporters and employees as may be assigned by the Chief of Police. a. Criminal Investigation Section 1 ) Command and Organization - Under the management of the Police Captain of the Criminal Investigation Division, the Criminal Investigation Section is commanded by a Police Lieutenant . It is composed of such number of detectives and other employees as may be assigned by the Chief of Police. 11/ 244 13 11/ 2 ) Function Investigate all crimes of fraud , theft and violence and apprehend those guilty thereof . Investigate all felonies and major crimes for the purpose of apprehending, interrogating and prosecuting the responsible persons and recovering stolen property . Question persons arrested by the patrol units when requested to do so . Inspect pawn shops and scrap yards . Arrest and/or question persons wanted by other jurisdictions . Maintain investigative liaison with and assist outside police and other law enforcement agencies . Prepare and distribute • flyers and circulars of lost or stolen property or missing persons . Warn merchants and businessmen regarding suspected illicit and criminal operations and the habits and activities of suspected criminals . b. Juvenile Aid Section 1 ) Command and Organization Under the management of the Police Captain of the Criminal Investigation Division , the Juvenile Aid Section is commanded by a Police Lieutenant . It is composed of such numbers of detectives and other employees as may be • assigned by the Chief of Police. • 245 r 14 II/ 2 ) Function Investigate and deal with all cases involving children , certain minors and child-adult relationships , domestic and social irregularities and maladjustments , and psychopathic personality problems . Make regular inspections of public places or hangouts frequented by children . Question and detain children found abroad in violation of curfew regulations . Locate runaway children . Assist - patrol units in processing children detained for the commission of offenses . Cooperate with public health , welfare agencies , schools and • youth organizations . Develop police programs in delinquency prevention and control . Promote the welfare of children . Present cases in Family Court when summoned . Provide counseling of young offenders . c . Vice Section 1 ) Command and Organization Under the management of the Police Captain of the Criminal Investigation Division , the Vice Section is commanded by a Police Lieutenant . It is composed of such number of detectives , patrolmen , and other employees as may be • 246 assigned by the Chief of Police. r 15 411 2 ) Function Take all necessary action for the prevention and suppression of all forms of commercialized vice, including gambling and prostitution and illegal traffic in narcotics and liquor . Provide support in high crime areas , on security details , in surveillances and stakeouts , in intelligence and background investigations , security at public gatherings and drug education programs . D. OPERATIONS — COUNTRY 1 . Country Districts Ia. Country districts consist of : North Hilo (NH) Hamakua (HM) North Kohala (NK) South Kohala (SK) Kona (KN) Ka ' u (KU ) Puna (PN) b. Directed by a Police Inspector , country district stations are commanded by a Police Captain . c. Police officers and employees are assigned to eight—hour shifts according to the conditions and requirements applicable to the district . 111 247 16 II/ d . Function Patrol the streets and highways of the city, towns and districts on foot and in patrol cars for the purpose of preventing crime, preserving peace, protecting life and property, enforcing laws and ordinances and serving the public. Check the security of doors and windows of business establishments . Check the security of unattended private homes when requested . Control public gatherings and flow of motor vehicle traffic. Perform services relative to public health and safety. Investigate persons whose conduct is Ssuspicious . Make surveillances and inspect places that may be hangouts for suspicious persons and possible law violators . Receive and process complaints made by citizens , arrest offenders . Serve legal processes and legal documents . Make preliminary or complete investigations of crimes as may be required , search crime scenes for evidence, protect crime scenes and preserve evidence. - Investigate all types of accidents . Issue citations to traffic law violators . Perform coroner ' s function . 11/ 248 17 2 . Patrol Division Kona a. Directed by a Police Inspector and under the management of a Police Major , the Patrol Division , Kona, is commanded by a -Police Captain , and divided into three platoons , each assigned to eight—hour shifts . b. Each platoon is under the command of a Police Lieutenant , who is assisted by a Police Sergeant . c. Each platoon is composed of such number of police officers and employees as may be assigned by the Chief of Police. d. Function Patrol the streets and highways of the city, towns • and districts on foot and in patrol cars for the purpose of preventing crime, preserving peace, protecting life and property, enforcing laws and ordinances and serving the public. Check the security of doors and windows of business establishments . Check the security of unattended private homes when requested . Control public gatherings and flow of motor vehicle traffic. Perform services relative to public health and safety. Investigate persons whose conduct is suspicious . Make surveillances and inspect places 11/ 249 18 411 that may be hangouts for suspicious persons and possible law violators . Receive and process complaints made by citizens , and arrest offenders . Serve legal processes and legal documents . Make preliminary or complete investigations of crimes as may be required , search crime scenes for evidence, protect crime scenes and preserve evidence. Investigate all types of accidents . Issue citations to traffic law violators . Perform coroner ' s function . 3 . Criminal Investigation Section Kona a . Command and Organization Under the management of the commanding officer of 411 the •Kona District , the Criminal Investigation Section is commanded by a Police Lieutenant . It is composed of such number of detectives and other employees as may be assigned by the Chief of Police. b. Function Investigate all crimes of fraud , theft and violence and apprehend those guilty thereof . Investigate all felonies and major crimes for the purpose of apprehending , interrogating and prosecuting the responsible persons and recovering stolen property. Question persons arrested by the patrol units when requested to do so. Inspect pawn shops and scrap 411 250 19 111 yards . Arrest and/or question persons wanted by other jurisdictions . Maintain investigative liaison with and assist outside police and other law enforcement agencies . Prepare and distribute flyers and circulars of lost or stolen property or missing persons . Warn merchants and businessmen regarding suspected illicit and criminal operations and the habits and activities of suspected criminals . 4. Vice Section Kona a. Command and Organization Under the management of the Commanding Officer of the Kona District , the Vice Section is commanded by a Police Lieutenant . It is composed of - such number 111 of detectives , patrolmen , and other employees as may be assigned by the Chief of Police. b. Function Take all necessary action for the prevention and suppression of all forms of commercialized vice, including gambling and prostitution and illegal traffic in narcotics and liquor . Provide support in high crime areas , on security details , in surveillances and stakeouts , in intelligence and background investigations , security at public gatherings and drug education programs . 251 20 11/ 5 . Police Reserves a . Command and Organization Under the direction of an Inspector , Country Operations , Police Reserves serve under the immediate supervision of the commanding officer of the district or division to which they are assigned . The Police Reserves are composed of civilian volunteers who meet the requirements and qualifications established by the Chief of Police. b. Function The function of the Police Reserves is to supplement and augment police regulars and perform limited duty with the patrol services in such assignments as Spatrolling, station—house duties , guard posts , surveillances , special details and emergency duties . 252 HAWAII POLICE DMARTMENT 111 PERSONNEL ASSIGNMENT (Division/Command) (Sworn) (Civilian) ) ( Total ) CHIEF ' S OFFICE 2 2 4 Criminal Intelligence Unit 7 0 7 ADMINISTRATIVE BUREAU 1 0 1 Administrative Services Division 1 0 1 Administrative Services Section 5 17 22 Traffic Services Section 6 5 11 Communications Maintenance Section 0 4 4 Fiscal Services Division 0 7 7 Records & Identification Division 1 13 14 OPERATIONS — HILO 1 1 2 Patrol Division 68 7 75 Criminal Investigation Division 1 - 4 5 1 Criminal Investigation Section 10 0 10 Juvenile Aid Section 5 0 5 Vice Section 10 0 10 1 111 OPERATIONS — COUNTRY 1 0 1 North Hilo 12 1 13 Hamakua 17 ° 1 18 North Kohala 10 1 11 South Kohala 18 2 20 Kona — Admin . 1 1 2 Patrol Division 55 12 67 Criminal Investigation Sec. 6 1 7 Vice Section 8 0 8 Ka' u 13 1 14 Puna 33 2 35 POLICE RESERVES : 5 (4 Kona; 1 Ka' u) PRESENT NUMBER OF PERSONNEL: , 292 82 374 PRESENT VACANCIES : 4 1 5 TOTAL POLICE DEPARTMENT POSITIONS : 296 83 379 11/ 253 3-23-89/va _ --. ,„ ..„.,,, - ...,,,-_,.,...-_,?,..:-,',,,, •:.i';-,,,,',.-4,:::.,`.ti._'::..-.- - --•-'--- ' . ii,a. ,-- ...,-.^-,.,..A---A--,---,.....,'-‘...-:,.... .,:`,",'.-..,?=.7.3.'..4i-:A"--': ,l-f.".,,....,:•,•,....Y.-',.'?..,,f-Y".,..-Ts- \ -,..'''''',...75":1"?.?!-4.:`A.T.: '''•'-,''' ' ;;:;;-'-'''.-','',...!--':,f,-=',!=C,F;F:!...-:'.';`,'[2.VV;.:".z.:.5,i,,- -,'-'t,'.''' 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POLICE COMMISSION • .. ,-. -- .,. . .. - , „.. r• - .: - .' .. -.,-„-.2'. ::- - --,p,.',',:....,.";,;:.-'...,, . . ,. .. . .. . • ... . . . . . . . -, . . . .. . . --.'''.•-•,--'-• • '.'---.:.' •-'. -''''.. '- .-'''':,'-'-•: •, •-. ...'-'...I', ---.-.,,:Jr.".I.‘:.---r..•."--•.:.".:'.-1.:''.•;':::''''.':'."....'••-.''',5''''-..--;''•••-;;',•••':' . .' . : . . .-... - - ,., ., ., . . ,. ..•.- . .... , :,,.....,:.,,..••:- -.,-.;•_.•... ,•-,-..-_,.:.',-.-.:, ....„,-',. •.I.=:'.---' '• •-'-'. '''',....'•'''-i';'''',;:.'.;-'...:',,...."......".-:-., • .....,-,',,,•,',,,'-•. ..,,.........: : • ' .' ' . . . „ , _ JOEPUTY CHIEF OF POLICE ' ' '. ' ' ' — ''' ':.- •'."'' ''' INTELLIGENCE UNIT : _ , . . .. ., .. .:..,., . ,, ..--,--,i-r.-,'T.."' 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' .-" •...''• • . . .,' ' .- "- . ,. - .. .., . , . , . , _ ._... „... . . . - ... ..‘- • . .. - -:. - •_-..,-- ' . , ,- _ - -- 2 -,,,,-_ .,. - • . .... , . . - . • - • - '':•- '-'v• ''''' . -.'s • ' ' ' - IDENTIFICATION . , , PATROL DI VISION ;- •r. .- - ..-.- . - _ ...•- .., -, . . , - .. .. -- . -- • .. - . - • r • , . • , .• ., ..., . . .._.,- . • - . , : - . , - .,•. ...,..,„ . . . . . . _ ... . .., , „ .., , . , , .. . , . .,. .. NORTH HILO - - , . •. . , • ... . . .. . - . - - :-,.... ....- ......- _ .. -. - :••• . . •.r . ...-, ..' '_ •- . . , ... CRIMINAL - .- ..... - --... . , . . . . • •' - " . . . • ..,- ,, .• - . - TRAFFIC, , . . . SERVICES DIVISION • - - . ' • , -..,,'. _ire%-'..-- , . -,.. • - ...., . . ..,.... ..- r INVESTIGATION DIVISION1,. :•,f,•,.: _,:.. .,:.., ... i , ' . HAMA K UA ..:,-.. ,... ..,:'.. ..'.,.:......,_...,,.. - - ....,,,T.,-...-....,..,,-,',"..L..,.......,,..'..'...,,,,...,...1,...........,..2.'.'. . . - -: • - .. . , .. . . . . . . , . . . , . , . -- .:,-,: • , . .... . . . .. . . ..• - - -.,.. . .... .., ,..„--. ..• - -- ,. . .. . „.. . . , .-..... . ..- .-- .. ,... , . . . . • . - • ,, -, ".•-. -. : ...-, :-.._ -. H..... ,_- .. ... , , .. . . ,.. ..„ . ...... ...: , ... . r ., ....- ADMINISTRATIVE CRIMINAL SERVICES DIVISION - NORTH KOHALA .,.... ... FISCAL , . • . . , - . • • • -.' '- . ...- ...., . ‘,.. ,,. - , , ...... . . ...... .,._ • .. .._ ..,...,.. .... .. . . , _ _.. .., . ,._ ,........ , , _..... _ . . ... ,. . . . , . . . ... , . . . ., . _ ' . . _ , . _ . . , _ . . • , . - . . -,- ... . _ . ..., .,. . . , . . . . . . . . ., • . ''.•:-...'- ' ;- ' ' •"•.'••= , ISERVICES DIVISION . ' . -:,....:.. '. JUVENILE AID . . . . . - . S • ."_ . . „ • '..••,. • -. •,.. . -.- . • :•, . -,..:::1- , 1-....:-,. ,1:,•-• - SOUTH KOHALA . . : . . . . .. . -• . . •._ , . . :-.- - , . ..- . . ,-. r. , • . - - . . . . . . , • . ...•-- - . r ' --, , •- .'.. .,, , . ..:... . ......,. . ... . ...., . ,. . , . ._ . . . . MAINTEN ION KONA COMMUNICATIONS . . r ,.: ' .• ..• . I • _., . VICE -, ,...,• ..- ,:,- •- ..., . . . . - - • . ,., , .. - . . . ,. . , . .... . ; . ,,... ..._.„, • . . , . • ,- .'. , , , , „. •. ... ' .. - - .. - . .' - - - • _ . .. , - , - .. . .•' . .. ,,. . . . . . . . „,... , • .- . . . - r . . . . .. • ....... •: . • - r . . -, . . . . .. • ,,,... . ... „ J.... •.-- . .: _ . „ . - . KAU . . . . . .. . . .. . ', •' ' • . :. . . , ..: ,- - • ''' . '' • . .- : ••-•- • .. .. '' ORGANIZATIONAL CHART• ' •.- .. . ,. . ' . . . , . . . . • HAWAII COUNTY POLICE DEPARTMENT . . .. . t - ••.. - . . . . . - - • . .... . . . - . • • SEPTEMBER 1977 - - - -'•• -.. .-----1 . -.. '' . :,• , • , . . . ., ... • . ...-.. ...., PUNA . , . .. • . • . . • • . - . . ...,, . • . . .. . . . • . . . •• - . • .. , - . , • - . •. , , . • • ., .... .•. - -..'.. -„,... , .-•-- .• ALTERNATIVE FORMS OF MUNICIPAL GOVERNMENT By Zachary Smith I . BIDDING PROCESS A. Works to advantage of some interests (p.164) 1. Lowest bid isn't always accepted (pp.164-5) ; that's where potential abuse is II. PRESENT STRONG-MAYOR VS. STRONG COUNCIL SYSTEM A. Council 1. Acts as a check (p.165) 2. Controls final budget (p.170) 3. Bethea: fuel tax example; Council hung it up 4. Bethea: gets into areas belonging to administration/mayor (p.172) 5. Bethea: Council has policy-making authority (i.e. when we vote) (p.172) B. Mayor 1111 1. Extensive appointments based on political 1. Remove some of mayor's loyalty (pp.165-6) powers (p.173) 2. Identifiable mayor (p.170) 3. Potential abuse of power (p.179) C. Both mayor and council 1. DistrAst of each other; butt heads (pp.169,17.) 2. Own political concerns (p.172) ' 3. Too much separation; or both parties strong (p.172) 4. Less effective government (p.170) 5. Professional politicians 2. Should have pay for 6. Politics is part of state culture (p.175) mayor/council (p.174) 3. Have publicly financed a. Shouldn't have to buy fund-raising elections (pp.176,178) tickets from person who regulates business (p.175) b. No one contributes without expectation (p477) c. List of contributors and those doing business with County are same (p.177) Aft 254.1 7. Need more equitable public in-put (p.176) 111/ 8. Bethea: public softer on politicians than 4. Publish names of is media (p.179) political contributors a. Media coverage isn't in-depth enough (p.179) (p.180) III. WEAK MAYOR/M.D. VS. STRONG COUNCIL SYSTEM, EXAMPLE A. Council/M.D. stronger (p.166) 1. Would appoint more trained administrators (p.166) 2. Would require minimum qualifications (p.166) 3. Would follow recruiting process (p.167) a. Residency 5. Residency requirement b. Local customs should have escape clause (p.169) c.. Recruit nationally (p.167) B. Mayor 1. No appointive powers; less political IV. COUNCIL AND CITY MANAGER SYSTEM (Greenwell: •• prefers) (p.170) A. More compromise between manager and Council (p.170) 111/ B. Manager has primary responsibility (p.170) C. Mayor is figurehead (p.170) D. Council has policy-making authority (p.170) E. Mayor equal member with Councilmembers (p.170) V. PAST BOARD OF SUPERVISORS SYSTEM A. Greenwell: more peaceful B. Board and Council reviewed budget (p.171) VI. CIVIL SERVICE SYSTEM A. Dead wood is protected (p.176) 6. System needs to be set up on incentive basis (p.176) 254.2 1 t FIRE DEPARTMENT OPERATIONS by 111/ Thomas Bello I. FIRE DEPARTMENT RESPONSIBILITIES A. Paid fire protection agency (p.181) ` 1. Supplemented by volunteers (p.181) B. Protects life and property (p.181) 1. Emergency medical services for traumatic and natural illnesses; land and sea rescues; vehicular and building extrication (p.181) C. Concerned with safety (p.181) II. CHIEF/DEPUTY DUTIES A. Chief says it's asset coming up through 1. Agrees that experience ranks (p.182) minimum be in Charter B. Chief Is administrative (p.183) and deputy (p.183) handles fires (p.183) 1. Bethea: Chief position more of a political appointment (pp.185,188) a) Bethea: Fire more political than Police (p.189) 2. Bethea: Council calls shots as to Fire's powers, duties and functions (p.187) a) Cushnie: No line from Council to Fire or 2. Cushnie: Council mayor on organization chart (p.187) supposed to have authority over Fire b) Greenwell: Fire under mayor (p.187) (p.187) , but it's not 3. Chief chose deputy (p.189) enforced per Charter C. Bethea: possibly set up Fire commission (p.184) 3. Chief should appoint 1. Bethea: would function on same order as own deputy (p.189) Police Commission (p.184) 2. Mayor hasn't interferred with Fire yet (p.185) 3. Bethea: good commission is appointed by 4. Chief in favor of succeeding mayors, less political (p.189) a commission (p.184) D. Cushnie: Fire and Police under same pressures (p.185) E. Fire behind Mauna Lani and Puako (p.186) : 1. Cushnie: Jenkins was information officer (p.186) 2. Cushnie: Directives came from mayor (p.186) 111/ 254.3 approves Greenwell: Council new Fire positions (p.188) G. Fire stations: 1. Juvik: are station locations based on politics? (p.188) 254.4111/ • POLICE DEPARTMENT OPERATIONS by Victor Vierra I I. COMMISSION A. Members and/or operation: 1. Representatives of various areas of island (p.191) 2. Seven members appointed by mayor (p.191) and confirmed by Council (p.207) - • 3. Hears complaints (p.200) a) Cannot conduct inquiry or interfere with department's administrative affairs (p.19.-4) P ies b) Cannot request personal investigative 1. Bees should be more information (p.199) specific (p.197) c) Cannot hire own investigators (200) 2. Should have investiga- tive powers (p.200) d) Bethea: 7-2.3 hints that commission has but not disciplinary inquiry rights (p.201) powers (p.200) e). Cover'ups can happen (p.201) 3. Cushnie: complaint • 4. Has own rules committee (p.198) process needs re- 111/ a) Adopts rules to conduct its business .(p.l'2) defining (p.201) b) Commission not a policy-making body (p.20') II. CHIEF/DEPUTY A. Chief/deputy appointed/removed by commission (pp.192,197,201) 1. Juvik/Chief: other counties have minimum 4. Should have minimum qualifications for chief (p.204) � qualifications B. Chief sets up rules 5. Greenwell/Cushnie: Chief should not have 1. Union a pplitical voice of police (p.206) to set rules (p.206) C. Chief is administrative head of sworn and 16: Greenwell/Chief: civilian employees (p.192) citizens should be 1. Chief sets policies (p.207) I represented by D. Chief under supervision of mayor (p.203) and civilian board (p.201) answers to mayor for actions and budget (p.209) 7. Bethea/Chief: needs for-causetermination E. Chief can investigate. wrong-doing of clause (e .201-2) commission member (p.202) 1. Jeopardizes own job (p.202) 8. Cushnie: have inde- pendent body hear 2. Chief can make commission enemies (pp.201-2) ! complaints (p.203) ® 3. Chief may have to "butter up" to keep job 254.5 (p.202) F. Promotions: 1. Competitive - follows civil service IP rules (p.210) 2. Non-competitive - can be influenced by chief; and mayor has final approval (p.210) j e 3. Political interference can cause creation of higher-level position (p.210) G. General orders: • . 1. Allows involvement in "almost anything" (p.205) 2. Greenwell: Charter amendment can null and 9. Police shouldn't be void general orders (p.205) involved in campaign items and should be dismissed therefor (p.204) 10. Bethea: maybe commission should present budget to Council (p.210) III. DEPARTMENTS A: Administrative Bureau • 1. Directed by inspector and run by captain (p.192) 2. Composed of administrative: research and planning, paperwork and personnel; recruit- ment; police educational programs (p.192) 3. Composed of traffic: enforces laws and ordinances, reviews investigations, does traffic safety (pp.192-3) 4. Composed of communications: police radios/ computers, and maintenance (p.193) ; • includes fiscal services and records and identification (p.193) 5. Services are where most population is (p.191) 6. Vacancies will be filled soon by new recruits (p.196) 7. Laws are mostly on legislative (state) level (p.198) 8. Union contract and civil service rules dictate titles of positions (p.199) B. Hilo Operations Bureau 1. Commanded by inspector (p.193) 2. Includes criminal investigation, juvenile and vice sections (p.193) 254.6 111/ of.' 111, 3. Considering adding 4th inspector in Kona (p.194) a) It would change chain of command (p.194) C. .County Operations Bureau D. Criminal Intelligence Unit (p.192) : 1. Answers to chief/deputy only (p.192) 2. Information-gathering unit (p.192) E. Civil Defense in charge of natural disasters (p.212) 1. Civil Defense answerable to mayor (p.212) F. Chief involved in pro-active educational community programs (p.213) G. Duncan: meetings for public 11. Duncan: meetings should be more 1. Some matters must remain in confidential publicized (p.214) meetings (p.214) H. Reserves 1. Run by inspector (p.194) a) Composed of volunteers (p.194) 111/ b) Augments police regulars with limited duties (p.194) ( .194 c) Attempting to rejuvenate reserves (p.195) I. Cushnie: Mayor pulled departments together re the emergency of Puako fire (p.211) i254.7 Bernard K.Akana Mayor • Victor V.Vierra Chief of Police JNSY'�F!!ah. Police Department Wayne G. Carvalho \Ji,,;, :� �.•,, Deputy Chief of Police .,1 '. _ 349 Kapiolani Street • Hilo,Hawaii 96720 • (808) 961-2244 • Fax(808)961-2702 E of H► June 2 , 1989 Mr . Robert E . Bethea Chairperson Hawaii County Charter Commission 101 Aupuni Street , Suite 235 Hilo, Hawaii 96720 Dear Mr . Bethea : I want to again thank you and your Commission for allowing me the opportunity to appear before you to explain the Police Department ' s structure and its role in the community . I also want to thank you and the Commission for the very candid question and answer period 1111 that followed . As requested , please find attached my recommendations for amendments to the County Charter . Except for areas specifically relating to Hawaii County, the recommended changes generally reflect language common to the other three countys ' charters . Adoption of these amendments would essentially allow all , police personnel to function under the same set of rules and standards as their counterparts statewide. I would be happy to discuss these amendments with the Commission in more detail if you so desire. Please let me know if I can be of any further assistance to the Commission . Sincerely, VIC S IVER A CHIEF OF POLICE VVV :va Attachment 254. 8 CHAPTER 2 0 POLICE DEPARTMENT Section 7-2 . 1 . ORGANIZATION . There shall be a police department consisting of a police commission , a chief of police and the necessary staff . Section 7-2—. 2 . STATEMENT OF POLICY . it is hereby declared to be the purpose of this chapter of the charter to establish in the county a system of law enforcement which shall be based on due regard for the constitutional rights of all persons , which shall promote the highest possible degree of mutual respect between law enforcement officers and the people of the county and which shall 11, provide for the expeditious apprehension of those who violate the law. In order that these purposes may be achieved , 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 peacekeeping and law enforcement criteria. (c) Grievance procedures for the people and police officers 1111 of the county shall be based on due regard for their constitutional rights . 254 . 9 2 11, Section 7-2 .3 . POLICE COMMISSION . The police commission shall consist of seven members , two of whom shall be residents of the combined districts of North and South Hilo, one from the district of Puna, one from the district of Ka ' u , one from the combined districts of North and South Kona, one from the combined districts of North and South Kohala, and one from the district of Hamakua . The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Section 7-2 .4. POWERS , DUTIES AND FUNCTIONS . The police commission shall : 4111 (a) Adopt such rules as it may consider necessary for the conduct of its business and review rules and regulations for the administration of the department . (b) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor . (c) Submit an annual report to the mayor and county council . (d ) Receive, consider and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police . A summary of the charges filed and their disposition shall be included in the annual report of the commission . 254. 10 w 3 Except for purposes of inquiry or as otherwise provided in this 411 charter , neither the commission nor its members shall interfere in any way with the administrative affairs of the department . Section 7-2 . 5 . CHIEF OF POLICE . The chief of police shall be appointed by the police commission . He may be removed by the commission only after being given a written statement of the charges against him and a hearing before the commission . He shall have had a minimum of five years of training and experience in law enforcement work, at least three years of which shall have been in a . responsible administrative capacity . p p Y ® Section 7-2 . 6 . POWERS , DUTIES AND FUNCTIONS OF THE CHIEF OF POLICE . The chief of police shall : (a) Be responsible for the preservation of the public peace; the protection of the rights of persons and property ; the prevention of crime; the detection and arrest of offenders against the law, and prevention of violations of all laws of the State and County ordinances and all rules and regulations made in accordance therewith . (b) Train , equip , maintain and supervise the force of police officers . 254. 11 • (c) Serve process and notice both in civil and criminal proceedings . 4- • (d) Promulgate rules and regulations necessary for the organization and internal administration of the department . (e) Perform such other duties as may be required by this charter or by law. Section 7-2 . 7. SUSPENSION : REMOVAL: APPEALS . Suspension or removal of any officer or employee shall be made pursuant to the law and the rules and regulations of the department . Appeals from personnel actions shall be in accordance with the 111 applicable collective bargaining agreement executed pursuant to the provisions presently contained in Chapters 76 and 89 of the Hawaii Revised Statutes . Section 7-2 . 8 . POLITICAL ACTIVITIES PROHIBITED. Except for exercising the right to vote, no member of the police department shall support , advocate or aid in the election or defeat of any candidate for public office. Any violation of this section of the charter by a member of the department shall be cause for summary dismissal from the department . 110 , 254. 12 //�/� Bernard K.Akana Mayor Victor V.Vierra Chief of Police • 7 - Deputy Police Department p ty Chief of Police `,�••,:fk,_W_a 349 Kapiolani Street • Hilo,Hawaii 96720 • (808) 961-2244 • Fax(808)961-2702 BT�rF.................�,,�r November 16, 1989 Mr . Robert Bethea Chairman Charter Review Commission 101 Aupuni Street , Suite 235 Hilo, Hawaii 96720 Dear Mr . Bethea: In response to your request , I contacted Mr . John Y . Y. Lee, Executive Officer of the Honolulu Police Commission , asking him to clarify that portion of the Charter of the City and County of Honolulu that states , " . . . and review rules and regulations for the administration of the department . " III Mr . Lee indicated that the rules referred to the Standards of Conduct of the Police Department . These standards govern the daily activity of police employees , both on and off duty, and serve asuidelines towards ds metingdisciplinary out actions in cases of rules violations . The Commission uses these same rules in carrying out their investigative responsibilities . Mr . Lee stressed that the Commission is restricted to reviewing the rules only and has no authority to require changes thereto. Since the rules are normally formulated by the department with union input , Mr . Lee said the Commission feels comfortable with the charter language. For your information , our department has similar standards of conduct and is required by contract to meet and confer with the police union when formulating new rules and/or amending or deleting old ones . I hope this clarifies the charter language. Please feel free to call on me should you have further questions . Sincerely, Al A • VICTOR 1 VIE'RA 254. 13 CHIEF S ' 'OLICE VVV:va HAWAII COUNTY A. ;4��'?yO :?!y9'., CHARTER COMMISSION *t 101 Aupuni Street,Suite 235 Hilo Lagoon Centre '.. Hilo, Hawaii 96720 . F"'...' (808) 961-0177 MEMO TO: '`West Hawaii Committee Robert E.Bethea, Deputy Managing Director Chairperson 's Office a Sherwood Greenwell *Mayor's y Co-Chairperson "Corporation Counsel Office Members: Council Office Pamela F.Cushnie "Gerald DeMello Francine Duncan FROM: Marie Jacobs David Fuertes James.O.Juvik DATE: December 28, 1989 H.Peter L'Orange Aileen Lum RE: 1) Additional pages to insert in your Charter minutes Steven T.Nishikawa Akira T.Omonaka Patricia M.Poppe Pages: 254.1-5 Executive Secretary: 254.6 R.Marie Jacobs 346.24-25 509.1-4 411 2) Index sheets *Please check the documents you have against the index sheets attached and call me if you are missing any. 410 Bernard K.Akana Mayor Victor V.Vierra Chief of Police /'NZ V•OF Nq• Wayne G. Carvalho • �'yy 4,j 11 Police Department Deputy Chief of Police` ��� )! 349 Kapiolani Street • Hilo,Hawaii 96720 • (808) 961-2244 • Fax(808)961-2702 •oF•N'-y .71 4 June 2 , 1989 Mr . Robert E . Bethea Chairperson Hawaii County Charter Commission 101 Aupuni .Street , Suite 235 Hilo , Hawaii 96720 Dear Mr . Bethea : I want to again thank you and your Commission for allowing me the opportunity to appear before you to explain the Police Department ' s structure and its role in the community . I also want to thank you and the Commission for the very candid question and answer period 111 that followed . As requested , please find attached my recommendations for amendments to the County Charter . Except for areas specifically relating to Hawaii County, the recommended changes generally reflect language common to the other three countys ' charters . Adoption of these amendments would essentially allow all police personnel to Function under the same set of rules and standards as their counterparts statewide. I would be happy to discuss these amendments with the Commission in more detail if you so desire. Please let me know if I can be of any further assistance to the Commission . Sincerely , V I C•T_0_' /I ERRA CHIEF OF POLICE VVV :va Attachment • 254. 1 CHAPTER 2 POLICE DEPARTMENT Section 7-2 . 1 . ORGANIZATION . There shall be a police department consisting of a police commission , a chief of police and the necessary staff . Section 7-2—. 2 . STATEMENT OF POLICY . It is hereby declared to be the purpose of this chapter of the charter to establish in the county a system of law enforcement which shall be based on due regard for the constitutional rights of all persons , which shall promote the highest possible degree of mutual respect between law enforcement officers and the people of the county and which shall ® provide for the expeditious apprehension of those who violate the law. In order that these purposes may be achieved , 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 peacekeeping and law enforcement criteria . (c) Grievance procedures for the people and police officers of the county shall be based on due regard for their constitutional rights . 254 . 2 2 410 Section 7-2 .3 . POLICE COMMISSION . The police commission shall consist of seven members , two of whom shall be residents of the combined districts of North and South Hilo, one from the district of Puna, one from the district of Ka ' u , one from the combined districts of North and South Kona, one from the combined districts of North and South Kohala, and one from the district of Hamakua . The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4 . Section 7-2 .4. POWERS , DUTIES AND FUNCTIONS . The police commission shall : ® (a) Adopt such rules as it may consider necessary for the conduct of its business and review rules and regulations for the administration of the department . ( b) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor . (c) Submit an annual report to the mayor and county council . (d) Receive, consider and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police. A summary of the charges filed 410 and their disposition shall be included in the annual report of the commission . 254.3 3 I Except for purposes of inquiry or as otherwise provided in this charter , neither the commission nor its members shall interfere in any way with the administrative affairs of the department . Section 7-2 . 5 . CHIEF OF POLICE . The chief of police shall be appointed by the police commission . He may be removed by the commission only after being given a written statement of the charges against him and a hearing before the commission . He shall have had a minimum of five years of training and experience in law enforcement work, at least three years of which shall have been in a responsible administrative capacity. • Section 7-2 . 6 . POWERS , DUTIES AND FUNCTIONS OF THE CHIEF OF POLICE . The chief of police shall : (a) Be responsible for the preservation of the public peace; the protection of the rights of persons and property; the prevention of crime; the detection and arrest of offenders against the law, and prevention of violations of all laws of the State and County ordinances and all rules and regulations made in accordance therewith . (b) Train , equip , maintain and supervise the force of police officers . ® (c) Serve process and notice both in civil and criminal proceedings . 254.4 Li. Ilk (d) Promulgate rules and regulations necessary for the organization and internal administration of the department . bythis other duties as maybe required (e) Perform such charter or by law. Section 7-2 . 7. SUSPENSION : REMOVAL: APPEALS . Suspension or removal of any officer or employee shall be made pursuant to the law and the rules and regulations of the department . Appeals from personnel actions shall be in accordance with the 411 applicable collective bargaining agreement executed pursuant to the provisions presently contained in Chapters 76 and 89 of the Hawaii Revised Statutes . Section 7-2 . 8 . POLITICAL ACTIVITIES PROHIBITED . Except for exercising the right to vote, no member of the police department shall support , advocate or aid in the election or defeat of any candidate for public office . Any violation of this section of the charter by a member of the department shall be cause for summary dismissal from the department . 111 254. 5 6" ;11c�t' Bernard K. Akana / /' Mayor Victor V.Vierra Chief of Police Police Department Deputy Chief of Police l; 349 Kapiolani Street • Hilo,Hawaii 96720 • (808) 961-2244 • Fax(808)961-2702 . 1TE•Of'N r`�. November 16 , 1989 Mr . Robert Bethea Chairman Charter Review Commission 101 Aupuni Street , Suite 235 Hilo, Hawaii 96720 Dear Mr . Bethea: In response to your request , I contacted Mr . John Y . Y . Lee, Executive Officer of the Honolulu Police Commission , asking him to clarify that portion of the Charter of the City and County of Honolulu that states , " . . .and review rules and regulations for the administration of the department . " Mr . Lee indicated that the rules referred to the Standards of Conduct of the Police Department . These standards govern the daily activity of police employees , both on and off duty , and serve as guidelines towards meting out disciplinary actions in cases of rules violations . The Commission uses these same rules in carrying out their investigative responsibilities . Mr . Lee stressed that the Commission is restricted to reviewing the rules only and has no authority to require changes thereto . Since the rules are normally formulated by the department with union input , Mr . Lee said the Commission feels comfortable with the charter language. For your information , our department has similar standards of conduct and is required by contract to meet and confer with the police union when formulating new rules and/or amending or deleting old ones . I hope this clarifies the charter language. Please feel free to call on me should you have further questions . Sincerely, r' 110 VICTOR 4 VIE RA 254.6 CHIEF • 'OLICE VVV:va