Comm No 0008 - Suggestions Eileen O'Hara w attachments

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO AMEND ARTICLE VII, CHAPTER 2 OF THE HAWAII COUNTY CHARTER (2000) RELATING TO THE POLICE DEPARTMENT, TO ADD A NEW CHAPTER RELATING TO AN INDEPENDENT POLICE AUDITOR, AND TO AMEND ARTICLE XIII RELATING TO SALARIES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Background: In the present circumstances, misconduct in the police department is difficult to determine or to refute because there is no meaningful oversight. Without meaningful oversight police corruption in Hawai`i County has in recent years resulted in litigation and liability payments by the county, and promotions due police officers were denied. The improvement of oversight, from a source external to and not under the influence of the police department, will allow a better appraisal of the police department on a first hand basis by an independent auditor. The police auditor will be independent of the county administration, the county council, and the police department. Currently, the oversight is a responsibility of the police commission, a part of the police department from which its budget derives. Meaningful oversight provides a mechanism for assessment of the need for change and also serves a deterrent to the risk of misconduct. An independent police auditor protecting against corruption and abuse of power provides insurance against a tarnished reputation and diminished effectiveness of law enforcement. SECTION 2. Purpose: The proposed charter amendments remove the responsibility for oversight of the police department from the police commission and assign this responsibility to a full time independent police auditor nominated by the mayor and confirmed by the council. Along with this responsibility for oversight, the ability to hire staff is also reassigned from the police commission to the independent police auditor. The police commission is retained as required by statute with the continuing powers and duties to evaluate, hire and fire the chief of police, and to review and make recommendations regarding the police department's budget. SECTION 3. Article V, Chapter 2 of the Hawaii County Charter (2000) relating to the Police Department is hereby amended to read as follows: "Section 7-2.1. Organization. There shall be a police department consisting of a police commission, a chief of police, a deputy 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 operated in accordance with the following: