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HomeMy WebLinkAboutRES 305 Draft 01 2024-2026COUNTY OF HAWAF1 STATE OF HAWAPI RESOLUTION NO. 305 25 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE HONOLULU POLICE DEPARTMENT, SCIENTIFIC INVESTIGATION SECTION, 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 Honolulu Police Department, Scientific Investigation Section (hereinafter "SIS"), attached hereto as Exhibit "A" and made a part hereof; and , WHEREAS, the purpose of this agreement is to establish a formal understanding and agreement between the parties regarding the availability and use of the Honolulu Police Department SIS, which is the only full -service forensic testing laboratory in Hawaii and is accredited by the American National Standards Institute ("ANSI") National Accreditation Board ("ANAB"); and WHEREAS, HPD currently does not have the resources to conduct forensic examinations and analyze evidence in certain situations; 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 HAWAPI that, pursuant to Section 46-7 of the Hawaii Revised Statutes, the Mayor is hereby authorized to -enter into an agreement with the Honolulu Police Department, Scientific Investigation Section, 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 , 2025 . INTRODUCED BY: CO CIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that (lie foregoing RESOLUTION was by (he vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on October 8, 2025 ATTEST: CO �CL CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE AYES1 NOES ABS EX GALIMBA X HUSTACE X INABA X KAGI W ADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X 9 1 0 0 0 Reference: C-485/GOEAG72 0 RESOLUTION NO. _ a ��� 2�r � 111111111110111111111111 MEMORANDUM OF UNDERSTANDING between THE HAWAI'I POLICE DEPARTMENT (HPD) and THE HONOLULU POLICE DEPARTMENT regarding THE SCIENTIFIC INVESTIGATION SECTION (SIS) A. PARTIES The Parties to this Memorandum of Understanding (MOU) are the Hawaii Police Department (HPD) and the Honolulu Police Department, to include the Scientific Investigation Section (SIS). B. PURPOSE The purpose of this MOU is to establish a formal understanding and agreement between the parties regarding the availability and use of the SIS by the HPD. C. BACKGROUND The SIS is the only full -service forensic testing laboratory in Hawaii and is accredited by the ANSI National Accreditation Board (ANAB). The current'and complete list of the SIS's accredited disciplines can be found on the ANAB`s website. As the HPD currently does not have the resources to conduct forensic examinations and analyze evidence in certain situations, the Honolulu Police Department agrees to share its resources as dictated by this memorandum. D. HPD'S RESPONSIBILITIES 1. The HPD shall be responsible for notifying the Honolulu Police Department as soon as possible when the need for SIS assistance becomes known by submitting an SIS work request via an email message to hodsisgeneral@honolulu.aov 2. The HPD recognizes that SIS assistance will not be necessary in every criminal investigation and will only request assistance when necessary. The HPD shall subject each request for supervisor review and approval prior to transmitting said request to the Honolulu Police Department to ensure consistency, necessity, and conformity. 3. The HPD shall be responsible for retaining all documents provided by the SIS, including (but not limited to) evidence/chain of custody sheets, analytical results, and reports. EXHIBIT "A" Memorandum of Understanding Regarding SIS Services Page 2 of 4 The Honolulu Police Department does not maintain these documents indefinitely and may not be able to provide copies at a later date. 4. The HPD shall be responsible for confirming that the discipline is accredited before submitting a request for services if the use of accredited services is essential. 5. The HPD shall be responsible for the transportation/shipping of evidence to the SIS; the SIS will return evidence to the HPD. The HPD is responsible for shipping charges to and from the SIS. 6. The HPD shall disseminate SIS reports in full. If excerpts or redactions are needed for trial presentation, the SIS will be contacted for assistance. E. Honolulu Police Department's RESPONSIBILITIES 1. The Honolulu Police Department agrees to provide SIS assistance to the HPD, including (but not limited to) analysis of evidence, verification and technical review, report writing, witness preparation, and testifying in court. 2. The Honolulu Police Department shall be responsible for work requests based on the SIS's triaging practices and procedures. Prioritization shall be handled as it would for Honolulu Police Department cases. 3. The Honolulu Police Department agrees to confirm receipt of the request for assistance by the HPD, to immediately notify the HPD if it is unable to comply with the request or if there will be a significant delay, and to provide the results of the requested SIS services to the HPD upon completion of those services. The confirmation, notification, and results shall be communicated to the requester who requested the assistance, via email messages. 4. All work performed shall be in accordance with SIS policies, procedures, and practices, the same as if the Honolulu Police Department were the investigating agency. The case record shall be provided to the HPD upon completion of work. 5. The Honolulu Police Department shall obtain permission from the HPD prior to releasing case information when contacting outside forensic professionals for technical review and/or consultation. The Honolulu Police Department shall not send case information to outside technical consultants and forensic professionals without the express written permission of the HPD. EXHIBIT "A" Memorandum of Understanding Regarding SIS Services Page 3 of 4 F. CONFIDENTIALITY AND DISCLOSURE 1. All public requests for records and reports related to an HPD request for services in the possession of the Honolulu Police Department shall be subject to disclosure in accordance with Chapter 92F of the Hawaii Revised Statutes. The Honolulu Police Department agrees to contact the HPD requester prior to the release of any record generated as a result of an HPD request for service, 2. Findings and case records may be released to other law enforcement agencies and accrediting and inspecting bodies for the purposes of investigating complaints, maintaining accreditation, and as a requirement for participation in state and/or federal programs. 3. The Honolulu Police Department may release general case information into the public domain for statistical programs. G. FEES, BILLING, AND PAYMENT 1. The Honolulu Police Department shall not charge the HPD for forensic services unless otherwise agreed upon in writing. Any funding required for specific services shall be determined on a case -by -case basis. 2. The HPD shall cover any and all travel costs for witness testimony outside the island of Oahu. Costs include airfare, meals, hotel (if necessary), ground transportation, and parking. Reimbursement rates will be in compliance with the City and County of Honolulu's travel policies. 3. The HPD shall provide a billing address and contact information, including a contact name, telephone number, and email address. The HPD shall keep such contact information updated and shall immediately notify the Honolulu Police Department of any changes. H. DISPUTE RESOLUTION Should a disagreement arise on the interpretation of the provisions of this MOU, amendments and/or revisions thereto, or any matter arising under this MOU, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by either party and presented to the respective signatories or their designees for resolution. EXHIBIT "A" Memorandum of Understanding Regarding SIS Services Page 4 of 4 I. EFFECTIVE DATE This MOU shall be effective upon signature of both parties and shall remain in effect until terminated by either party under terms below. J. NOTICE, MODIFICATION, SUSPENSION, AND TERMINATION This MOU may be terminated by either party after providing 30 days prior written notice. Unless otherwise provided for in this MOU, modification of this MOU shall be done in writing and by mutual agreement. Ra anic, Interim Chief of Police Honolulu Police Department City and County �of �Ho�noolulu Date: & - `ems Reed K. Mahuna, Interim Police Chief Hawaii Police Department County of Hawai'i Date: EXHIBIT "A"