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HomeMy WebLinkAboutCOM 0545.006 2000-2002 OB ie~• Nancy Pisicchio ~ Tel: (808) 326-5684 Council Member a ~';4 Fax: (808) 326-5697 ®f. *•P`' iy°~•~A~ COUNTY COUNCIL County of Hawai `i Kona Council Office 77-6399 Nalani Street, Suite 104 May 10, 2002 Kailua-Kona, Hawaii 96740-8980 MEMOIdA,NDUM TO: Aaron Chung, Char Finance Committee d Council Members 'S~'~ ~ FROM: Nancy Pisicchi~ c SUBJECT: Resolution NO. 180-02 and RFP No. 2007 Relating to Animal Control For your information and review, I wish to share copies of correspondence relating to concerns about Resolution No. 180-02 authorizing payment of funds for multi-year contracting of animal control services and RFP No. 2007, as issued by the Hawaii County Police Iepartment, as follows (please note that these communications are distinct from Communication Nos. 545.3, 545.4 and 545.5 on the Finance Committee agenda of May 14, 2002): 1. Letter to from Council Member Nancy Pisicchio to Police Chief James S. Correa dated April 17, 2002. 2. Memorandum from Deputy Corporation Counsel Lester Ishado to Council Member Nancy Pisicchio dated Apri122, 2002. 3. Memorandum from Deputy Corporation Counsel Lester Ishado to Council Member Nancy Pisicchio dated Apri123, 2002. 4. Copy of Finance Department "Rule 19 -Rules and Regulations Relating to Humane Officers" 5. Letter from Police Chief James S. Correa to Council Member Nancy Pisicchio dated Apri124, 2002 6. Letter from Council Member Nancy Pisicchio to Police Chief James S. Correa dated May 2, 2002. 7. Memorandum from Police Chief James S. Correa to Council Member Nancy Pisicchio dated May 7, 2002. I hope that this information will contribute to a thoughtful discussion of Council policy-making re: animal control services at our upcoming Finance Committee meeting on May 14, 2002. Please do not hesitate to contact me if you have any questions concerning these attachments. /NP Attachments Comm. Noe T'i!e No. Ref. 'fo: _ Kef. Date i''~~CY ~ ~ ~ v V~tv''O6' ' •;9 Nancy Pisicchio Tel: (808) 326-5684 ~~~Jtal Councrt Member Fax: (808) 326-5697 t~.Of.MPil COUNTY COUNCIL County of Hawai `i Kona Council Office 77-6399 Nalani Street, Suite 104 Kailua-Kona, Hawaii 96740-8980 April 17, 2002 James S. Correa, Chief of Police Hawaii County Police Department 349 Kapiolani Street Hilo, Hawai` i 96720 Dear Chief Correa: I am writing to respectfully request that you revoke the recently issued Request for Proposals No. 2007 for Animal Control Services pending Council review and approval of the RFP, in conjunction with Council action on Resolution No. 180-02. The Council's Finance Committee has twice deferred action on Resolution No. 180-02 on March 18, 2002 and April 16, 2002. As Finance Committee Chair Aaron Chung's letter dated March 25, 2002 to Sgt. Jay Enanoria stated: "The Finance Committee deferred the aforementioned measure because the Police Department was not present to answer questions and the Request for Proposal appeared to be incomplete." Mr. Chung's letter further advised Sgt. Enanoria to meet with Council Member Curtis Tyler "or any other interested Council Member prior to placing the matter back on the agenda." Finally, he requested that I be kept "apprised with the progress of the RFP, so that we may move this measure forward." However, until yesterday, when I introduced myself to Sgt. Enanoria in the councilroom, I have not been contacted by anyone from the Department to discuss the content or development of this RFP. Resolution No. 180-02 proposes amulti-year animal control contract. Authorization for the payment of funds in future fiscal years requires the approval of the County Council. The finalized RFP developed by your department was transmitted to the Council on April 4, 2002. It states that a "multi-year obligation shall be entered into between the Police Department and the selected Proposer for a period beginning July 1, 2002 with the commencement of services to be provided and ending June 30, 2005." However, the RFP was released for published solicitation of bids on March 31, 2002 prior to any Council review or approval. Accordingly, I ask that the RFP be revoked and any bidders be immediately notified of such revocation until a finalized RFP has been reviewed by the Council. I realize and appreciate that your Department has endeavored to issue a timely RFP in order to solicit bids and award a contract for delivery of services beginning July 1, 2002. In undertaking this new assignment, your Department was assisted by the Legislative Auditor's Office. However, to date, your Department has not consulted concerned Council members in the development of the RFP. As chair of the Council's Human Services and Economic Development Committee, I initiated the Council's independent evaluation of county animal control services conducted by the National Animal Control Association completed in September, 2001. At the present time, I am concerned about a variety of issues regarding the RFP developed by the Police Department, including: 1. The RFP proposes the option of two contractors providing animal control services in separate East and West Hawaii districts. While award of such multiple contracts is provided for in Chapter 4, Hawaii County Code, the Council has been specifically advised by the National Animal Control Association (NACA) to not split contract responsibilities. The NACA evaluators were asked by the Council to assess the possibility of Hawaii County dividing the contract service area among multiple contractors and concluded (page 9): The "[NACA] Study Team would not recommend a division of current contract responsibilities" and suggested that "splitting contract responsibilities would create these additional concerns": • A separation of the same service would probably increase the level of confusion (and Ii-ustration) among citizens regarding jurisdictional and contract-related responsibilities. • The current relationship between the Hawaii Island Humane Society and the West Hawaii Humane Society may actually hinder any improvements in service. • Contract administration would require additional oversight and efforts (fund distribution, appraising performance measures, responding to citizen complaints, etc.) on the part of the County. 2. Further, it is in the interest of the County of Hawaii that any RFP for animal control services be reviewed by the Office of the Corporation Counsel prior to issuance for solicitation of bids. Today, I requested the Corporation Counsel's Office to review RFP No. 2007 in its entirety. In response to that request, Corporation Counsel attorney Lester Ishado will undertake that review. I welcome the opportunity to meet with you and Sgt. Enanoria at your earliest convenience to discuss these and other concerns. Please call my Kona office at 326-5684. We are in an important transition time regarding the future of the County's animal control program. All transitions can create confusion and potential miscommunication. But, I believe that by working together, the program will be substantially improved. Thank you for your thoughtful attention to these concerns. Sincerely, Nancy Pisi chio Hawaii County Council cc: Mayor Harry Kim Council Members if LL VV VL 11V11 VV Z'[ 1 VVlll v1•••• ••Ill vvvllw.l..b l•v. -~~.vvr.-. "u e yy ~/Oy+dv' ~ ~OIYYWYfI88oll CON161L°L tl` (,era9d'iYakas~ e•~e° A.ItAfl4ell CU ,,~~~g$~ PjlolAtllu4 Coanre( &LLL C~ '1['~®N C~1il~TSi~ 101 Jsupatai Sts, SuAgtc 37.5 ~ 3is~. Haexai! 9677A.~?bZ i (806) 9Gl•H251 ~ FAX (®OB) 951-IIGZ2 April 22, 2002 M~~~ AN~Ll04l9 1°he ~tlonorable Nancy plsicchio Council slAernl~r FR®~l: Lester Isiihado ®eputy Corporatoon ounsel Resolution RIO. 180m02 and RI=P No. 2007 Provision of Animal Contr®I Services for 4-laonraf`i COUnty ~alir.~ Department This memorandum is written in respor?se tri your (verbal) request for a review of Resolution No. 180°02 and Request for F'roposaf (~FP) No. 2007, Provision of Animal Control Services for hlawai`i County Pollee Cepattrnent. We understand that the currant contract cxpir~s on June 30, 2002. Section 10.11, Hawaii County Charter, provides that any contract requiring the payment of funds from the appr®priations of a later fiscal year or more than one fiscal year shall be approved by resolution. Resaluti®n No. 18002, authorizing the paymen4 of funds of a later fiscal year anc9 of more than one fiscal year for attiPna! control services, was introduced for this purpose on or about March 8, 2002. Resolution No. 1e0-02 stet®9 that th® County wlshcs to aontreGt with such ~n organization and will issue a RFf' seeking to contraot with an organization to provide animal r-ontrol services fora (three year} period up tc June 30, 2005, witft two sane-year optjons. 1Resolution No. 180-02 author7~es the Nlayc~r to execute a multi-year contract with an organisation to provide aninnal control services for the County of Wsiwai`i, We understand ti~at I~FP No. 20x7, for anirr~al control services fQr HaWai`i County P®iica ®epartment, was published an March 31, 200, and that the dsadlin® for submission of proposals is May 31, 2002, RFd~ No. 2007 provides for: E0 3Jdd 00?1 L6999ZE 90~9i Z00Z/bZ/b0 . 11LI IIV. Vvi VVVV ~ ~ uu 111 Li LL LV1/L. l1WY VN'~`J 111 VW\1 Vl,lll lVll vvvl wL. Memo to Counci! Member r~Jancy Plsicchio s~pril ~2, ~QO~ Fs'ag® 2 t. Scape of service in a!I distr`tCts if one contrca~lcar Is sel~~c:led or in s~sciliec7 districts if two contractors are selected. I1 two ccmtractars are selected, the perforrtinanc® rr9easures ~eailt b® prorated b®tmveen fast Hawsi`i and West Hawaii. Tfte sCOp® of Service includes provi$ions for: A. ~rvvislvey of shelter facilities (hours of operation and perfornnance measures). ~I~sposal of dead animals. C, patrol ~enforCeri~e~tt of anima! control laws, qualifl+rations of anltr~al control officers, and obje~tlves and measures). (~ualitrioations uvill ciosedy foil®vm the ernpl®yonent guideline for polis,® officers, inclUdir~g no "history of poor judgement, irresp®nsibility? or lack of decision-ivrleking ~pe[,ilities v,rtttl~in the last three years", n®t being a "felony suspect" or "misdemeanor viol®nt crime suspect" within the last five years, and riot being a "suspect who has traded or sold mar~uana" or a "misderrseanor suspee:tliJdicit drug use" vwithifi the last five years. These qualitlcations are somewhat vim, Operation of pounds. ~i5patch service to receiv® request far services and cornplalnts from public. ®ag licensing. Spay/neuter pragrartt. ~l. Training and badging of anima! control officers, I. reports and aud>t. A written agreerreen4, subject to Council approval for amulti-year obligation, for periad beginning July 1, 2002 and ending June ap, 20Q5, with tiro one-year options. The price ®f s®rvices shall be negotiated annually and shall be subject to availability and appropriation of funds by the Council. b9 Odd OO~i L69S9ZE S9~9I Z09Z/bZ/b0 ?11 f1 LL LV VL IIV., VV "'fZ ,,f VV/,1 ~.lllff ~vf, VVVI1N.n~ ~ ffff ..v rr.-r~~ 1 Memo to Council Member Nancy Pisiochio April 22.2002 Page 3 3. Inspection of facilities. Tima4able. RFP Na. 20t)'~ was pubilshed on March 31, 2D02. Gauestions ar r®quests far ciariflcatian were due on April 15, 2002. Proposals are due by 4.3q p.m., May 31, 2002. 5. Th® County may modify tine RFI~ by issuing an addendum to all recipients of the l~F'P prior to the dlat® (May 31, 2002} ar~d times fixed for submission of proposals or by issuing addenda to pll pt°opos®rs stilt under cansiderativn after n~o4iatiorrs have begun. Infvrrrration required to be provided. 7, PropOger's indemnity of County. 8. M®thod of selection. ®ff€ars may be made vn Islandwvide basis or for East Flawai`i or West Hawaii only (defined by polic® districts). l3. Contract is subject to revision of Chapter 4, Haw'ai`i County Code, relating to Anirnats. Thy RFP further provides for. 1, aunty's right to reject any and all proposals and to accept proposals in whole or in part. 2. ®uratiQn of contract ending "fiv® years` later (apprvxtrrraldlyJone 30, 2005), ~vlth two one-year extensions. RFC 110.2p07 eefers to the original °`~ive year" period. Yhis is a 4ypographical ®rrer which should be corrected, The origiraa! term is three years (July 1, 2002 to Jung 30, 2005), with two onepyear options, 3. Independent contractor status. Applicable laws and regulations. 5. tir?~e of performance, delay, prosecution of work, authority of l~olic® Chief or officer in charge, and termination due tv default. 8. Managed Process R®view, Act 230, SL!-i 1096. 50 3~tid 001 L6959ZE 50~9i Z00Z/bZ/b0 ill LG LUUL ,IVJ4 U.!"tJ l u uvl~~ v,1u, ~vi+ u.,+U,w~.~ ~ uu nv~ vv,u~'-W ` ~ w Memo to Council M®mber Nancy I~Isicchio April 22, 2A02 Rage ~ We conclude that although som® provisions of FtFI' No. 20Q7 could be belt®r warded, the RFP itse4f is acceptable as to form and legality, The questions that remain are largely one of policy in funding and administering the Contract. We note, however, the following cencerns and options: 1. Whether the contract should be awarded to one contractor island wide or to two s®parat~ contractors for East Hawaii sand Wasl f°6awai`i, respaatively. We note your comment and concern that the recent ~iudit recornrn~nded one contrac4 with one island-wide cnntr~~ct®r. 2. Direct®r of Finance William Takaba Hated a concert9 that the present contractor, Hawai`1 Island fiurnane sofa®ty, may deeds to submit s proposal only for an islandJwide proj®ct, and that If other bldd®rs decided to submit prepasals only for W~sk Hawaii, East I tt~wai`i nilght be left without a contract far these s®roices. 3. It should be Hated that the wording of Ftesolutian No. 180-Q2 and RFC No. 20D7 have an inconsistency wo7ieh may require an amendment. Resolution N4. 18Q-02 appar®ntly authorizes th® ~'ofica Departr°~nt to enter int®one contract with one contract®r, See language ref~rdng tc contracting with "an" organia.ation. RAP No. 2n07, on the other hand, authorizes the Police ®epartreot:nt tv ant®r into one t3antraat with one contractor or into two contracts, for Isast Hawaii and W®st N1aWai`i. with twc~ contractors. The Council rraay wish to clarify its intent in passing Resolution No. 180-02. If the Council deCides'that the I"'olice Department has th@ dist;reflon to enter into one or two t:®nteacts? d~esolution No. 1 t3U- 02 should be atrtended to state `one or rttore organizations." If the Gounoll decidos that th® I'oliaca Department is limited to one contract, laFl' No, 2047 &hould ba amended to delete reference to separate ccontracts for fast F~awal`i and West ~lawai`i. RFP' Nv. 2007 provides for modification of the RFP. 4. The Current Contract e~cpires on Jr,ane 34, 2a02, if needed, arrangements should be made to extend the contract an a temporary basis. Please contact the if you hav® further questions. ~Ipc S:OspltiGOUn~iilMemo to i'15iCChio re Animal Conti®a RFP o~-02 t,1pc 90 3~dd 0071 L69S9ZE S0~9I Z00Z/bZ/b0 APR-23-2002 TUE 03 49 PM CORPORATION COUNSEL FAX N0, 8618622 P. 02 . > sr. A~ a~~r a~ ' « caaporaarue Cumnsad ~tssiar~t Gaar1w~afu+, Ga,~td '1'f~s ~`~1~'1~1~A?°~°Y®~V G(~~T1~TS~ 10(A S%~a, Sash 325 • F[il®. H~a~ai 9672Q.~262 • (80iB) 9b1-BZS l • FiP1X 961-8622 April 23, 2002 OVI~I~I~I~N~IU~'! T®: The Honorable Nancy Pisicchio Col~ncll Member Fit~d!!6: L®stsr Ishado ~®puty ~rporation Caunset 14E: Resolution No. 180-02 and 17PP No, 20x7 Provision of Animal Control Ser~~fces for Mawai`i County Felice pepartment upon further ras~sanch and r®view, we prepared this m~morandurn as a supplement to our memorandum on this subject dated April 22, 2QI)2 regarding Resolution No. 180m02 and l~aquest for Proposal (i~FP) No. 2047, Provision of Animal Control Services far Nia~wrai`i Gounty Police Department. The Hawal°i bounty Charter is silent on this subject. The issue arose whether the contract should be awarded to ane contractor island-wide or to two separat® con#ractors fior fast 1-9awlai`i and Wes# {~awai'i, rasp®e#ively, srbd we concluded that this was a matter of policy rather than law. We noted your comn~nt and concorpt that the recent audit recommended one contract with one islandrwide contractor. i9lease note, however, that Section 4.3, hlawai'i County Cod®, providr~s that th+e "GounRy may enter into contracts wilts m~~ the one humane society tQ carry out the purposes of tFlls chapter and chaptr~r 143 aaf the Hawa`s`i Re~lsed Statutes." Also note that the contracting party is th® bounty of Hawaii rather than any parli~ular department. Sartinn ~-32.1, Hawaii County Code, provides that the ®ireltor of Finance (herein, "Director") shall verify that a p®rson designat®d by a humane society as a hunnane ~rftacer i$ qual'~led and trained tC salve ill that Capacity, that the ®ireetor may ~tabli8h mininnunn requlr®ments f®r qual4flcatl~an and training, and fihat upon verification, the Director shall tissue an oath of affiCS and a badge to the humane officer. E6 3JGd 071 L6959ZE ZE~9T z00Z/EZ/b0 APR-23-2002 TUE 0349 PhI CORPORATION COUKSEI. FAX N0. 98186~~ P~ 03 Mama do Nancy Pisicchlo April Z3, 20Q2 Page 2 1°he ~+epartirnent of Finance adop#ed Rule 19, relating to humane officers, on Nov®mber 17,1993. Bute 19.3 pnavides for minimum qual~catians for appointment as a humane officer, Including ernployrrlent by a hurr~ne society, oompl~tian of a training cours®, submission of an ataplication, ahd backgn®und check showing no criminal record. Thd Dirtscttar may deny appointment due to convictlan of any ©~'ens® related to possible jab perforrreance, ®.g. prime of violence, crirrae of dishonesty, I~lJI, and revocation or sa~spP.nsion of driver's license. As noted in our earlier memorandum, the proposed qualifications in l~FR No. 200? include no "hlistory of poor judgerrlent, Irresponslbttity, or lack ofdecision-making capabilities within the lest three years°, and nat being a "suspect" in certain crimes within the last five years. Although net directly in conflictt, th® prois~s®d qual~catlons in RFP No. 2007 are inconsisten# with l~ul® 19. For example, there is no disqual~lratian under Rule 19 for t~~ing a susp~;ct or exetcising poor Judgment. We recammehd that I~FP No. 200' be amended in a manner consistent with lute 19. RFP No, 2x07 may be amended by issuance of addenda prier tea May 31, 2002, or while negotiations ar,e being conducted. Although this issue was not raised, wa are of the opinion that the Mayor's s~lpervi5ory powers under Sectinn 5-1.3, l-lawal`i County Charter, authnr°¢es hint to assign the supervision of the animal ~ntrol contract to the Police ®epartrnent. section 4-32.1, llawel`i Cou~Ity Code, and Rule 18 should be amend®d to r®place the "i~irector of Finance"and "~epartrnertt Qf Finance" with the "Chief of Felice" and ~Palice ®epartrrlent". We are of the opinion that it is nvt mand+~t+ory thnt th®ac amondmeni~ be con°rpleted prior to the assignment of this contract to the Police pepartment. We note that Chapt®r l~awai`i County Coda, pro?ridas that the County, and not any partisACtar department, is the contrasting party with the humane society. 1Ns also note that the Dirc?ctor of l=inanca's Tale is limited t4 training and qualil:Iretion. Please contact me if you have further questions. 'hank you. I.Epc s:DeptlCounclllM®mo to Pi~iCcttio re Animal Control RFP•Z 04-02 Llpc b0 3Jt7d 0~?1 L69S9ZE ZE~91 Z09Z/EZ/b0 DEPARTMENT OF FINANCE COUNTY OF HAWAII STATE OF HAWAII AMENDMENT TO RULES AND REGULATIONS OF THE DIRECTOR OF FINANCE Pursuant to and by virtue of the authority set forth in Chapter 91, Hawaii Revised Statutes, as amended, and Article 2, Chapter 4 of the Hawaii County Code 1983, as amended, the Director of Finance of the County of Hawaii, subject to the approval of the Mayor of the County of Hawaii, hereby amends the Rules and Regulations of the Director of Finance by adding thereto a new rule to be designated "Rule No. 19", relating to humane officers, to read as follows: RULE NO. 19 RULES AND REGULATIONS RELATING TO HUMANE OFFICERS Sec. 19.1 Purpose of rules Sec. 19.2 Definitions Sec. 19.3 Minimum requirements for humane officers Sec. 19.4 Training requirements Sec. 19.5 Application for humane officer appointment Sec. 19.6 Appointment of humane officer; term of office Sec. 19.7 Reappointment of humane officer Sec. 19.8 Citations Sec. 19.9 Effective date Sec. 19.1 Purpose of rules. These rules and regulations are intended to clarify and implement the provisions of Article 2, Chapter 4, Hawaii County Code 1983 as amended, relating to dogs, cats and animal pounds. Section 19.2 Definitions. For the purpose of these rules and regulations, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) "Chief of Police" means the chief of police of the County of Hawaii or his duly authorized subordinate; (b) "Director" means the Director of Finance of the County of Hawaii or his duly authorized subordinate; (c) "Humane officer" means any employee of a humane society who is authorized to carry out the provisions of Chapter 4, Hawaii County Code, as amended. -I- (d) "Humane society" means any eleemosynary organization formed for the purpose of providing humane care and treatment of dogs, cats and other animals. Sec. 19.3 Minimum requirements for humane officers (a) An individual desiring to be appointed a humane officer in the County of Hawaii shall meet the following minimum requirements: (1) Shall be currently employed by a humane society operating under contract with the County of Hawaii to provide animal control services in the County; (2) Shall have successfully completed a course of training as established in Section 19.4 of this Rule; (3) Shall complete and submit to the Director an Application for Humane Officer Appointment (Appendix A); and (4) Shall consent to a background check by the Chief of Police, and shall have no criminal record. Sec. 19.4 Training requirements. (a) The Director shall require that an applicant for humane officer successfully complete a training course conducted by the Chief of Police, the Prosecuting Attorney, and the Corporation Counsel. The training course shall cover: (1) Legal limits of the authority of a humane officer; (2) Enforcement limits; (3) Vicarious and civil liability; (4) Professional conduct and demeanor; (5) Conflict avoidance; and (6) Completion of citation. Sec. 19.5 Application for humane officer appointment. (a) Upon the successful completion of the training requirements established in Section 19.4 of this Rule, an individual may complete an Application for Humane Officer -2- Appointment (Appendix A). The application must be signed by the applicant and also by the humane society currently employing him or her. The completed application form shall be submitted to the Director. (b) Upon receipt of an application, the Director shall: (1) Verify that the applicant has completed the required training course; and (2) Submit a copy of the application form to the Chief of Police so that a background check can be conducted. (c) After the background check is complete, the Director shall review it. It shall be grounds for denial of the appointment if the applicant has been convicted of any offense which relates to the applicant's possible performance in the job applied for when the Director has determined that an applicant who has been convicted of such offense or offenses has not been sufficiently rehabilitated to warrant the public trust. Such offenses shall include but not be limited to: (1) Conviction within five years preceding the date of the application of a crime of violence against a person punishable by a term of imprisonment exceeding one year, for which the applicant has not received a pardon from the appropriate authority; or (2) Conviction at any time of a crime involving dishonesty for which the applicant has not received a pardon from the appropriate authority; or (3) Any of the following: (A) Conviction, within five years preceding the application, of two or more charges of Driving Under the Influence of Intoxicating Liquor, pursuant to HRS §291-4 or equivalent statutes in other states or federal jurisdictions; or (B) Within five years preceding the application, two or more instances in which applicant has had his license revoked for reasons related to alcohol, including revocation pursuant to HRS Chapter 286, Part VII, §§286-151, et. seq.; or (C) Within five years preceding the application one or more instances in which applicant's motor vehicle operator's license has been suspended by a court of -3- the State of Hawaii, pursuant to HRS §291C-170, or by a court of any other jurisdiction pursuant to a similar state, territorial or federal law. Sec. 19.6 Appointment of humane officer; term of office (a) After an applicant has completed the required training course and has a satisfactory background check, he or she shall be appointed by the Director to be a humane officer. The Director shall administer an Oath of Office which shall be attested in the presence of a notary. The Director shall also issue an identification card or badge to the humane officer. (b) An appointment as a humane officer shall be valid for a period of two years, unless the humane officer is discharged sooner by the humane society or discharged sooner by the Director. The Director may terminate and discharge a humane officer's appointment upon recommendation of the humane society of which the humane officer is an employee or upon a finding by the Director that the humane officer has failed to comply with the minimum qualification and training requirements established for humane officers by the Director. (c) Upon appointment of an applicant as a humane officer and prior to taking the oath, an applicant shall deposit with the Director an amount of cash money equivalent to the cost of the badge of office. After depositing the appropriate amount of cash and taking the oath of office, the applicant shall receive the badge of office. Upon termination of employment as a humane officer, the deposit amount shall be refunded at the time the badge of office is returned to the Director. Sec. 19.7 Reappointment of humane officer. (a) A humane officer desiring reappointment upon the expiration of his two-year term shall reapply no later than sixty days prior to the expiration date of his current term of appointment in the same manner as a new applicant. The humane officer must complete another training course or have successfully completed a basic or advanced animal control academy or seminar which has been accredited by the Humane Society of the United States or the American Humane Association or the National Animal Control Association within the time frame of his current appointment and meet all other requirements of this Rule for initial appointment. -4- Sec. 19.8 Citations. (a) A humane officer shall be authorized to issue citations to carry out and to perform the duties of a humane officer under Chapter 4, Hawaii County Code, as amended, and under the terms of any contract between the County and a humane society. (b) A citation issued shall be in the form shown in Appendiac B . Section 19.9 Effective date. This rule shall become effective ten days after filing with the County Clerk. 1 I i L` Directo of Finance Approved th/is day of ~.'~Y«l c.- 1993. APPROVED AS TO FORM AND LEGALITY: - ~ S EN K. Y HIRO, MAYOR ~i ,t_ ~->~-3-~- County of Hawaii Corporation Counsel County of Hawaii Given under my hand and the Seal of the County of Hawaii this 17th day of Noveanber 1993. Coun C erk -5- _ CERTIFICATION The undersigned Director of Finance, County of Hawaii, does hereby certify: 1. That the foregoing is a full, true and correct copy of Rule No. 19 of the Rules and Regulations of the Director of Finance Relating to Humane Officers which was adopted on November 4, 1993 2. That notice of public hearing on the foregoing Rule No. 19, which notice included a statement of the substance of the proposed Rules and Regulations was published in the Hawaii Tribune Herald and West Hawaii Today on 10/13/93 Director' of Finance Received this 17th day of November 1993. ti 1 CO TY C ERK -6- Date of Appl: Date of Appt: Expiration Date: COUNTY OF HAWAII APPLICATION FOR HUMANE OFFICER APPOINTMENT APPLICANT'S NAME: (Last) (First) (Middle) ADDRESS: (Number) (Street) (City) (State) HOME PHONE: BUSINESS PHONE: SOCIAL SECURITY NUMBER: DATE OF BIRTH: AGE: SEX: (Month) (Day) (Year) PLACE OF BIRTH: (City) (State or Country) HEIGHT: WEIGHT: EYES: HAIR: (ft.& in.) {lbs) (color) (color) U.S. CITIZENSHIP: YES NO BY BIRTH BY NATURALIZATION (If naturalized, give citizenship certificate number: OCCUPATION: EMPLOYER: EMPLOYER'S ADDRESS: (Number) (Street) (City) (State) PHONE: POSITION: PREVIOUS MILITARY SERVICE: YES NO BRANCH: TYPE OF DISCHARGE: HONORABLE OTHER (Specify): HAVE YOU EVER BEEN ARRESTED OR CONVICTED OF ANY CRIME? (include petty misdemeanor, misdemeanor, felony or major traffic offense) Yes NO (If YES, explain below.) APPENDIX A I hereby certify that all statements in this application are true and correct to the best of my knowledge and agree and understand that any misstatements of material facts herein may constitute grounds for revocation of any license/permit or commission issued on the strength of such facts. I have read the rules governing humane officer commissions and provide to abide by these rules. Date Applicant's Signature EMPLOYER'S STATEMENT This is to certify that the above-named applicant is employed at and that the nature of his/her duties requires that he/she be commissioned as a humane officer in and for the County of Hawaii. Date Name of Employer or Representative Position OATH OF OFFICE I solemnly swear (or affirm) that I will faithfully support the Constitution and Laws of the United States of America and the laws of the State of Hawaii, and will conscientiously and impartially discharge my duties as a humane officer for the County of Hawaii, State of Hawaii, and any and all duties devolving upon me in connection with such office. Signature of Applicant Subscribed and sworn to before me this day of 19~. Notary Public, Third Judicial Circuit State of Hawaii My commission expires DIRECTOR OF FINANCE COMNdISSION NO. APPLICATION IS: / / APPROVED BADGE NO. Z.D. CARD NO. / / DISAPPROVED DATE CONlNIISSION EXPIRES DIRECTOR OF FINANCE Dale: ..~,I . . ~ in 4he DISTRKT COURT e OF THE CIRCUIT, State of Hawaii ~ Dist. Beat Census r s- ~ SOCIAL SECURITY NO. NAME Qwner or Keepe. Ic.oss out one) - ADDRESS PHONE Place of Employment or School _ AM on/or about this day of 19 at about PM did own, harbour or keep: Breed Name Color _ Dog Age ? Male ? Female Tog Na Yr. Ai (Location did then and there and thereby commit the offense of: VIOLATION: ? UNLICENSED DOG Sec. ? DOG RUNNING AT LARGE IN PUBLIC AREAS ' OR PROPERTY OTHER THAN THAT OF OWNER. Sec. ? Other Violation Sec. REPORT TO: VIOLATIONS BUREAU, DISTRICT COURT, DIVISION B<.IL FORiEIi JRE 5Y r::~IL n. n~~17TEC. =YES NO i FIRST OFFENSE ^FFENSE. Y: THIN ' n g ;CHIN 7 DAYS n B iLHIN 7 DAYS ~15~21.5 AMOUNT 5 c~/S~2\5 AMOUNT 5 j AFTER 7 DAYS AFTER 7 DAYS ~ BAIL ~ BAIL L_O AMOUNT S_ _ - ~ AMOUNT $ - / AM Date of ksue /19 Time PM Complart,oM Bodge No The sxtdersgned alleges that the person named abaae cortxnitted the oHerese herein above set forth, contrary ro Low. Comsplaainant Badge Na Subxritxd ti S.~om to before me rtis s;gr,ed co„t Dutrict Room No. Court of ~DEFEND~rv'T S CCUpT .c pPEAR;.NCE GATE.y ~l _ 14 of . AM APPENDIX B ' ~M,~"% Te1~ (S08) 326-5684 Nammcy Pisicchio ~a~wcail6lv~~bc•. haX; (808) 326-5697 .y doh op t>~ GO •MS'~ COUNTY COlTNC1L t 'ountt~ uJ'Nurvui 'i l~uuu L'i~1111('i( UfJii•i• 77-G3~) rJulu~ai .~iA~'~~1, i~~rifu IUD kuilraa-liurur, 1lawai'i Jh7~f7-d93U April 24, 2002 :laYnes S. Correa, Chief of l'olic~ ~-Iawaii County Police flel~~rtrnent 344 Kapiolani Street Hilo, lfawaai 96720 1Dear Chief Corrc;a; Once main, T wish to suite my appreciation of tho effort undc~'takcn by your Department to issue a tunely RFP for Animal Control Services in orG~r to solicit bids :tnd award contract for delivery of those services, In following up with the concc;rns raist;d iA my l~tt~l' dated April 17, 200?, l asked the Otiice of the Corporation Cuuu`il to review 12JFP No. 2UU7 Cog~tlaer with Rule. 1 i1 ;?n~l thce C`nu my Charter. Attachc;d yoU Twill find the a'esponso I have received from T3eputy Corporation Council, Ltswr lsado. 'I'o suinrnarize, Mr. lsl~ado observod that l'h~ro aro scwr;tl policy inconsistencies that need to be aclclrnsacrl. The rood news is t'Jiai these inconsistencies can be legally :?ddr'ossed by the issu<ulc~ of atnendinents to RP'P No. 2007 wrthaut revolGlYtg the Rl'i!', are lung as the needed anyandmonts are maids "by the issuance of ~.rlclc:nda prior to Nlay 3l, 2002, Or while nagotiatioi~ are being conducted". 1luu14c you vCry much for your attention. Oo not hesila[e co contact u~c at; 32b-56X4. Sincerely, r,~~~ ~ / Na~acy Pisicchio l-lawaii [:ounty' Council Cc: Mayor I-laxry Ivm Couutcil Members Williaan Takaba ze 3~ad OO~i L69S9ZE S0~9T Z00ZIbZ/b0 - ; :4P. Harry King ~ ~ James Correa Police chief .tiivyvr ; «s,~a` .•.,M,M~ P®Ll'CE b~;P~~'Y'10~NT April 26, 2002 369 KApioiani Sacct • Hilo, Hawaii 96720-3996 (808) 933.3311 • FeX (S08) 961-8$69 Ms. Nancy Pisicchic+ Council Member Fdawaii County Council 77-6399 Nalani Street, Suite 104 Kailua-Kona, Hawaii 96740-8980 Dear Ms. Pisicchio: This is in response to your April 17, 2002 letter concerning the Request for Proposal {RFP) for Animal Control Scrviccs. 1n 1?re}~aring the RFP, our staff consulted with and received recommendations from the Mayor's Office, Finance Division, and the Legislative Auditor's Office. Specifically, recommendations concerning the follov!; ing issues cited in your letter: • Dixie Kaetsu, Managing Director, indicated that the Mayor wanted the RFP to propose the option of trwo contractors providing animal control services separately for East and West ~lawaii. • Bi11 Gray, Purchasing Agent, advised the police Department that it is not customary practice for RFPs to be reviewed by the County Council prior to being issued. This practice is not governed by Procurement laws or the County Charter, however is for the protection of the Council and to maintain the integrity of the proposal process. In havins the Colenty Council review RFPs prior to issuance, would make the specifications available to some interested vendors prior to final issuance and may dive them an unfair advantage over other vendors who were not present dut-ing the Council meeting. Although not the intent, this may taint the bidding process with soave vendors claiming that the winning bid had obtained insight into the specif cations before the issuance of the RFP. • Bill Grray also advised the Police Department that it is not customary practice for RFPs to be reviewed by the Corporation Counsel and that solicitation of proposals does not obligate funds, therefore salieitation ofproposals may precede resolution for amulti-year obligation. • Rory Flynn, 1legisiative Auditor's Uffice, worked with staff in developing the first draft of the 'RFP, no mention made of RFP having to be reviewed by the County Council or Corporation Counsca. Ms. Nancy Pisicchio Apri126, 2002 Page 2 • Our department did respond to the March 25, 2002 correspondence from Council Member Aaron Chung, hawever inadvertently failed to address these issues at that time. We also requested that the County Council review Chapter 4 and consider formulating. a new animal control ordinance pursuant to the study conducted by the Officer of the Legislative Auditor. Staff consulted with Lincoln Ashida, Corporation Counsel an recommendation to have them review the RFP and although Lester Ishado has been assigned to assist you in this hatter, he indicated that i;his would be outside of normsl practice for a review of proposals l,y 4heir ol~ca_ Sergeant lay lrnanoria will be Contacting your office to schedule a meeting with you regarding these issues. Tn the ir.~terim should you have any questions feel free to contact me at 961-2261. Sincerely, J ES . C POL plcf cc: Mayor riarry Kim Council lvlembers 7fa 7C1HJ r, r..~ ~ _ _ _ ~~`Y of k~ Nancy Pisicchio ~~i~° Tel: (808) 326-5684 Counci! b9ember ` Fax: (808) 326-5697 eA.;i~ Qa. ~ P '0ra ef.xaa~ COUNTY COUNCIL County of Hawaii Kona Counci! Office 77-6399 Natant Street, Suite 104 Kailua-Kona, Hawaii 96740-8980 May 2, 2002 MEMORANDUM TO: James S. Correa, Police Chief FROM: Nancy Pisicchio, Council Member, ' - - SUBJECT: Resolution No. 180-02 and RFP No. 2007 Relating to Animal Control To facilitate our discussion of issues raised in my letter to you of April 17, 2002 and subsequent advice received from Deputy Corporation Counsel Lester Ishado (letters dated April 22 and April 23, 2002), I request your thoughtful assistance in seeking responsible resolution of the following concerns: 1. RFP No. 2007: Qualifications of lFiumane Officers Deputy Corporation Counsel Lester Ishado, in his memorandum of April 22, 2002 noted that the RFP's stated qualifications for animal humane officers "closely follow the employment guideline for police officers, including no `history of poor judgment, irresponsibility, or lack of decision- making capabilities within the last three years. • r-Ie notes that this qualification is "somewhat vague." It is also extremely subjective, and invites argumentative dispute. Accordingly, it is advisable that this section be removed in an amendment to the RFP. • The RFP creates fundamentally new qualifications distinct from those specified in the Finance Department's "Rule 19." Since the Police Department's administration of the animal control contract does not become officially effective until July 1, 2002, and since the Department has not undertaken a publicly noticed process to adopt new rules in conformance with Chapter 92, HRS, it is advisable that the RFP be amended to specify those qualifications for humane officers detailed in Rule 19 only. 2. Two District Contractors vs. Island-Wide Contract The Council has been specifically advised by the National Animal Control Association (NACA) to not split contract responsibilities. The NACA evaluators were asked by the Council to assess the possibility of Hawaii County dividing the contract service area among multiple contractors and concluded (page 9): The "[NACA] Study Team would not recommend a division of cun•ent contract responsibilities" and suggested that "splitting contract responsibilities would create these additional concerns": • A separation of the same service would probably increase the level of confusion (and frustration) among citizens regarding jurisdictional and contract-related responsibilities. • The current relationship between the Hawaii Island Humane Society and the West Hawaii Humane Society may actually hinder any improvements in service. • Contract administration would require additional oversight and efforts (fund distribution, appraising performance measures, responding to citizen complaints, etc.) on the part of the County. In addition, the subject of the two contracts was discussed during the County Council's acceptance of the completed program review. During that discussion, it was pointed out that with so many other aspects of the program in transition during the upcoming year, it would be more responsible to continue, for the time being, to operate the program under one contract. Resolution 180-02 authorizes the payment of funds for amulti-year contract [three years and two one-year extensions extending to June 30, 2007] and states that "the County finds that for economic and practical reasons, it is in the best interest of the County that the contract for animal control services covers more than one year." In part, this recommendation stemmed from the findings of the independent evaluation of the National Animal Control Association (NACA) authorized by the County Council in 2001. NACA cited a number of facility/equipment improvements and upgrades to be undertaken by the contractor. Many of these improvements require capital investment by the contractor. Such long-term investment and budgeting is facilitated by a multi-year contract. However, if the County elects to award separate contracts for East and West Hawaii, the County will essentially be undertaking an experiment in the service delivery, coordination, and oversight of animal control. As such, it may be advisable to award aone-year contract only, subject to review of a new program delivery paradigm of separate districts and multiple contractors. However, such prudence would effectively defeat the intended purpose of the proposed multi-year contract. If the County Council agrees with the solicitation and award of multiple contracts, certain issues should be addressed in RFP No. 2007 and amended in Resolution No. 180-02 to justify the change in past policy, as follows: RFP No. 2007: • Effective July 1, 2002, if a West Hawaii contract is awarded to a bidder other than the Hawaii Island Humane Society (HIHS), can the HIHS vacate the County's Kona shelter immediately and can a new contractor assume operations with no disruption or curtailment of services to the public? • Will a new contractor have sufficient trained and badged humane officers to provide patrol and citation-issuing authority effective July 1, 2002? How will this occur? • What provision has been made to allow HIHS to remove any property and equipment from the Kona shelter not obligated to the County? How will the removal of property and equipment from the Kona shelter impact the delivery of services to the next provider? Resolution No. 180-02: • Taking all these issues into consideration, it seems to be in the County's best interest to develop acost-benefit analysis for a multiple contract vs. island-wide contract prior to determining policy relating to multiple contracts. It is also advisable that a "transition plan" be developed in advance of the establishment of separate animal control districts and contractors. This plan would address infrastructure, policy, and public education issues. • Finally, there should be conformance of RFP No. 2007 with Resolution No. 180-02 as recommended by Corporation Counsel. In his memorandum of April 22, 2002 Deputy Corporation Counsel Lester Ishado noted that "the wording of Resolution No. 180-02 and RFP No. 2007 have an inconsistency which may requirement an amendment" as the Resolution authorizes a contract with "an" organization as opposed to two contractors. This non-conforming language should be corrected upon determination of the County Council's policy decision to solicit separate contracts vs. an island-wide contract. Thank you for your assistance and cooperation. Please note that Deputy Corporation Counsel has stated: "The County may modify the RFP by issuing an addendum to all recipients of the RFP prior to the date (May 31, 2002) and time fixed for submission of proposals or by issuing addenda to all proposers still under consideration after negotiations have begun." ~4Y OF Nq~ Harry Kim ~ ~;K~~ James S. Correa Mayor ; Police Chief ~',.•;i - pew ,r4 ®f•laPdt Cn.~~t~fi~ .~f°~~i~~~ti P®I.,ICE DEPAItT1VIENT Ma 7, 2002 349 Kapiolani Street • Hilo, Hawaii 96720-3998 y (808)935-3311 Fax (808)961-8865 CONFIDENTIAL TO IC IO, COUNCIL MEMBER, HAWAII COUNTY COUNCIL FROM JAM S. O A, POLICE CHIEF SUBJECT : RESOLUTION NO. 180-02 AND RFP NO. 2007 PROVISION OF ANIMAL CONTROL SERVICES FOR THE HAWAII COUNTY POLICE DEPARTMENT This is in response to your memorandum of April 24, and May 2, 2002, and to memorialize our discussion of May 3, 2002, regarding the above referenced subject matter. • The Hawaii Police Department will be working with Corporation Council to amend Chapter ~ of the Hawaii County Relating To "Animals" replacing the "Director of Finance" and "Depart>aaent of Finance" with the "I'oliee Chief' anfl G6Pollce Depart>rnent". • Mr. Gary Maesato of our Finance Division will submit an amended Resolution clarifying language to authorize the Hawaii Police Department to enter into a contract to provide animal control services with "one or snore organizations". • The language concerning the Duration of Contract in the Special Provisions of the RFP should be amended to read; "the original teran is three years (July 1, 2002 to June 30, 2005), with two one-year options". This can be accomplished by the issuance of an addendum prior to May 31, 2002. In our discussion with you, Lester Ishado, and Sergeant Jay Enanoria at the Hawaii Police Department on May 3, 2002, we agreed that the present status of the current RFP remain unchanged at this time. Further that the Department could consider adopting Administrative Rules regarding Animal Control Officers, (i.e. Rule No. 19, Rules and Regulations Relating To Humane Officers). Should you have any other concerns, please contact my office at 961-2244. cc. Harry Kim, Mayor Council Members William Takaba, Finance Director Gary Maesato, Business Manager