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HomeMy WebLinkAboutRES 304 Draft 01 2024-2026COUNTY OF HAWAPI STATE OF HAWAFI RESOLUTION NO. 304 25 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, PACIFIC ISLAND HEALTH CARE SYSTEM, FOR INTERAGENCY PUBLIC SAFETY COORDINATION. WHEREAS, Section 46-7 of the Hawaii Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other public body respecting action to be taken pursuant to any of the powers granted to the County by law and furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, the Hawaii Police Department (hereinafter "HPD") wishes to enter into an agreement with the United States Department of Veterans Affairs, Pacific Islands Health Care System (hereinafter "VAPIHCS"), attached hereto as Exhibit "A" and made a part hereof, and WHEREAS, the purpose of this agreement is to establish a working relationship between VAPIHCS and HPD and provide for interagency coordination and responsibilities concerning law enforcement, emergency response, mutual aid, physical security, requests for assistance, access control operations, and other public safety activities for the VAPIHCS Community Based Outpatient Clinics located in Hilo and Kailua-Kona; and WHEREAS, this agreement will help facilitate HPD's ability to serve and protect the County through cooperative collaboration and keep our community safe; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that, pursuant to Section 46-7 of the Hawaii Revised Statutes, the Mayor is hereby authorized to enter into an agreement with the United States Department of Veterans Affairs, Pacific Islands Health Care System, for the purposes hereinabove described. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawaii; Diane T. Nakagawa, Director of Finance; and the Chief of Police, Hawaii Police Department. Dated at Hilo , Hawai`i, this 8th day of October , 202. INTRODUCED BY: COLKCW NfEMO-R, COUNTY OF HAWAPI COUNTY COUNCIL County ofHawai`i Hilo, Hawaii I hereby certify that Elie foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on October 8, 2025 ATTEST: �TlLE CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGI WADA X KANEALI`I-KLEINI^ELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS x 9 0 0 0 Reference: RESOLUTION NO. C-484/GOEAC-71 304 � S �dl�un5p3eiADMipi MEMORANDUM OF UNDERSTANDING BETWEEN U.S. DEPARTMENT OF VETERANS AFFAIRS PACIFIC ISLAND HEALTH CARE SYSTEM (VAPIHCS) AND HAWAI'I COUNTY POLICE DEPARTMENT (HPD) This Memorandum of Understanding (MOU) is entered into between the U.S. Department of Veterans Affairs Pacific Islands Health Care System (VAPIHCS) and the Hawai'i County Police Department (HPD), hereinafter referred to as the "Parties". 1. PURPOSE. To establish general working relationships between the VAPIHCS VA Police Service and HPD as a means of reinforcing interagency coordination and responsibility concerning law enforcement, emergency response, mutual aid, physical security, requests for assistance, physical security and access control operations for VAPIHCS, Hilo VA Community Based Outpatient Clinic (CBOC), located at 45 Mohouli Street, Hilo, HI 96720 and the Kailua-Kona VA CBOC, located at 73-5618 Maiau Street, Kamanu Center, Suite C200, Kailua-Kona, HI 96740. 2. REFERENCES. a. VA Directive 0730, Security and Law Enforcement, dated December 12, 2012 b. VA Handbook 0730, Security and Law Enforcement, dated August 11, 2000 3. GENERAL. a. VAPIHCS, also known as VA Pacific Islands Health Care System, has facilities located in the City of Hilo and Kailua-Kona. VAPIHCS provides Primary, Specialty, and Extended Care services to Veterans throughout the Hawaiian Islands, Guam, Saipan, and American Samoa. The mission of the VAPIHCS is to provide timely, efficient, ethical, safe, compassionate, and quality health care to Veteran patients. b. All properties under the control or ownership of the Department of Veterans Affairs (such as the CBOCs noted), except for the VA controlled properties on the Tripler Medical Center Campus are Proprietorial jurisdiction. In proprietorial jurisdiction, VA Police Officers are authorized to arrest solely for Federal Offenses and Violations of VA Rules & Regulations. The term "Proprietorial" is applied in those instances wherein the Federal Government has acquired some right or title to an area in a state but has not obtained any measure of the state's authority over the area. Therefore, the State of Hawaii has sole criminal jurisdiction except for violations of federal laws and VA Regulations and rules. c. COMPACT ACT Section 205 Police Crisis Intervention Training for VA Police requires that each VA Medical Center Police Service develop a plan to enter into partnerships with local mental health organizations and experts; Veteran Exhibit "A" community organizations; and local Police Departments to share training resources on Crisis Intervention Teams (CM. This assistance may range from collaborated training and sharing law enforcement to coordination. 4. RESPONSIBILITIES. a. VAPIHCS VA Police Service will: (1) Maintain law and order and enforce Federal and state laws and VA regulations at all VAPIHCS, including the CBOC building and designated parking lots, for the protection of property owned or occupied by the VA and persons on the property. (2) Provide primary initial response to any and all incidents or emergency situations at the VAPIHCS properties and leased spaces. b. Hawai'i County Police Department will: (1) Respond to Hilo VA CBOC and Kailua-Kona VA CBOC requests for assistance. Such assistance may include, but not limited to, the following situations: (a) Active threats, to include but not limited to active shooter, sniper incidences or barricade type situations that would require an armed response to assist VA Police in mitigating or eliminating the threat. (b) Crimes involving sexual assault, armed robberies of funds, drugs, or properties where the individuals committing the crimes leave VA police jurisdiction. (c) Vehicle accident investigations, which may result in non -injuries, injuries, or death involving a VA Police patrol vehicle. (d) Any major incident that would require additional Officers for traffic control to allow emergency vehicles a clear access to the facility. (2) Provide additional Officers when needed to assist with the physical arrest of a violent/disorderly person(s) who poses a serious threat to VA patients, visitors, medical staff, or themselves. (3) Should any VA Police Officer be involved in a shooting, the FBI will be notified immediately. If the FBI declines investigation, or if the FBI response is delayed, Hawai'i County Police Department may provide investigative assistance to VAPIHCS VA Police Service. This assistance may range from establishing, preserving, and controlling the crime scene or to performing as the lead investigative agency. 2 Exhibit "A" 5. ACCEPTANCE & RATIFICATION. a. The provisions of this MOU are effective upon signature and date as indicated below and will be reviewed every 3 years, or as required. b. This agreement may be unilaterally suspended or cancelled by either side upon giving at least 180 days written notice to the other party. c. This MOU does not create additional jurisdiction or limit or modify existing jurisdiction vested in the parties. This MOU is intended exclusively to provide guidance and documents an agreement for general support between the parties. Nothing contained herein creates or extends any right, privilege, or benefit to any person or entity. d. Other areas of mutual interest may arise where services and support from one party of this MOU is required by the other party of this MOU. This MOU is not meant to limit those instances nor prohibit cooperation outside the above listed situations set forth and agreed upon. DEPARTMENT OF VETERANS AFFAIRS PACIFIC ISLANDS HEALTH CARE SYSTEM RICHARDDigitally signed RIC ARD HOUGHy D 0 e:2025.06.0410:29:21 HOUGH Richard L. Hough Chief of Police, U.S. Dept. Veterans Affairs VA Pacific Islands Health Care System THANDIWE NELSON- DigitauysignedbyTHANDIWE NELSON -BROOKS BROOKS Date:2025.06.05 04.16:11 -1 VOW Thandiwe (Tandi) Nelson -Brooks, MPH, FACHE Interim Medical Center Director VA Pacific Islands Health Care System HAWAI'1 POLICE DEPARTMENT Benjamin Moszkowicz, Chief of Police 0(/011/2026- Date Date Date Exhibit "A"