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HomeMy WebLinkAboutRES 259 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 259 04 RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HRS 46-7, FOR A HIGHWAY SAFETY TRAINING GRANT FOR THE OFFICE OF THE PROSECUTING ATTORNEY WHEREAS, the State of Hawaii Department of Transportation has authorized the funding of two training projects to the Hawaii County's Office of the Prosecuting Attorney; and WHEREAS, these grant funds, relating to Highway Safety, will be used to conduct two statewide training sessions; one on DUI enforcement and prosecution and the second on crash reconstruction dynamics, vehicle and occupant kinematics particularly when alcohol or drugs are involved in traffic deaths; and WHEREAS, the overall goals of the training programs are to make the roads safer; to improve the performance of the law enforcement systems in its efforts to enforce DUI and other traffic laws; to train deputy prosecutors in the evaluation of technical facts and evidence in cases that involve criminal vehicular homicide and injury cases; and to improve case evaluation and trial preparation of deputy prosecutors, law enforcement experts, and witnesses; and WHEREAS, the funds provided by the State of Hawaii Department of Transportation are derived from federal funds. WHEREAS, Hawaii Revised Statutes, Section 46-7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, EE IT RESOLVED ~3Y THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46-7, Hawaii Revised Statutes, that the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement and related documents, to enable the Office of the Prosecuting Attorney to conduct two training sessions relating to Highway Safety, as noted in Department of Transportation's award letter and as described in the Office's request for proposal forms submitted to the Safe Community Traffic Safety Program, attached hereto and incorporated herein by reference as Exhibit "A". ~E IT FURTHER RESOLVED that the County Clerk of the County of Hawaii shall transmit copies of this resolution to the Office of the Mayor, the Office of the Prosecuting Attorney, and the Department of Finance. Dated at xona ,Hawaii, this 24th day of November , 2004. INTRODU BY: COUNCIL MEMBER, C UNTY F WAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CxUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawai `i on November 2 4 , 2 0 0 4 HoLSCHUx ATTEST JACOBSON X REYNOLDS X s, SAFARIK X ~ TULANG X ~ TYLER . 8 0 1 0 r Reference C-831/B-362/FC -343 ~.~'''C~UNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. i ~ ~ cJ~l~ ~I ' i ~ <E ° ` RODNEY K. HARAGA LINDA LINGLE - / ~i / .,>~~,nsn GOVERNOR "`\f ~-/1?V e/ uy~r ~ DIRECTOR i ~ ~ DePUty Dire°lars BRUCE Y. MATSUI ~ (q .on LINDEN H. JOESTING ~1~;``~ ~'n+~s.o~~en®' BRIAN H. SEKIGUCMI ; ~ 1 STATE OF HAWAII DEPARTMENT OF TRANSPORTATION ~ IN REPLY REFER TO: ~ ~I~~~ HONOW U~HAWAll9 88135097 l~(i IV c l~} H -V 9.0340 August 23, 2004 F { Ms. Chazlene Iboshi i Office of the Prosecuting Attorney Hawaii County 34 Rainbow Drive Hilo, Hawaii 96720 S, ~ J- ~ Dear Ms. Iboshi: C.c W D _ Thank you for your application for a Highway Safety Grant for federal fiscal yeaz 2005. ~ received 64 applications requesting more than $4.4 million in funding. The County Traffic Safety Councils and the Governor's Highway Safety Council helped us prioritize the areas of greatest concern and the projects that would best address these problems. After a thorough review and due to limited resources, we have only been able to fund 50 of the projects. I am pleased to infonn you that your request in the amount of $24,144 has been approved for the following projects: • Attorney Training ($10,000) • Attorney Reconstruction Training ($14,144) To receive the funds, you must complete a project application that cleazly outlines the strategies you will use to solve the highway safety problem you have identified, the staff, equipment and supplies you need to carry out your project, your budget and spending plan, and finally the measurable criteria that can be used to determine the success of your project. We have attached the application instructions to this letter. Please contact Gordon Hong at 808-587-6302 at your eazliest convenience to schedule a meeting to develop your project plan. All project plans must be submitted and approved by September 30, 2004, so implementation can begin on October 1, 2004. EXHIBIT "A" Ms. Charlene Iboshi HWY-V 9.0340 Page 2 August 23, 2004 We require all gantees to attend ahalf--day mandatory orientation training session on Tuesday, October 26, 2004. Please mazk your calendar for this mandatory training and you will be notified of the specific time and place of the training at least two weeks in advance. Non- attendance may result in placing your project on hold until such time that you aze able to receive mandatory training. Again, thank you for your interest in reducing injuries and fatalities from highway crashes. We look forward to working with you in the future in this important azea of highway safety. Very truly yours, O Director of Transportatton Governor's Highway Safety Representative Attachment c: Mitchell Roth SAFE COMMUNITY TRAFFIC SAFETY PROGRAM REQUEST FOR PROPOSAL FORM Safe Communities Name of Agency/Group Office of the Prosecuting Attorney Hawaii County Address 34 Rainbow Drive City Hilo Zip 96720 Contact Charlene Iboshi Phone 961-0466 PROBLEM STATEMENT Priority Area: Alcohol and other Drug Countermeasures (If additional space is ~,~eded, please continue on a separate sheet and attach it to this form.) In recent years the police force has secured funds to improve their capacity to catch DUI and other traffic offenders with an increasingly comprehensive approach to taking intoxicated drivers off our roadways. However, unlike the police the State prosecutors have not received any funding to keep with the increased enforcement by the police. There have been many changes to the DUI and traffic laws within the last several years. These frequent changes make trying these cases more difficult even for experienced prosecutors. With the increase in drug use, including methamphetamine (ICE), it is more common to find poly-substance use in traffic offenders. These changes make it difficult for both new and experienced prosecutors alike. Currently there is no forum for deputy prosecutors throughout the state to communicate strategies on these cases. SOLUTION Briefly describe the solution to the problem including community efforts (List tasks that will be accomplished with the funding of this project). The solution is to conduct atwo-day statewide training that will provide information on the proper interpretation of Hawaii's DUI and traffic laws and contemporary trial techniques. The bringing together of deputies from all of the state's counties will increased cooperative efforts between deputy prosecutors and serve to standardize strategies among local agencies for a more uniform and consistent approach to DUI law enforcement throughout the state. Trainers will be comprised of deputy prosecutors from the various county prosecutors offices and one mainland trainer. Trainees will be comprised of deputy prosecutors from each island. State Goals and Objectives of Project. The overall goals of the Statewide training project are make our roads safer and to improve the performance of the law enforcement system in its efforts to enforce DUI and other traffic laws by training deputy prosecutors in the conceptual, technical, scientific and trial aspects of DUI and other traffic offenses. State previous funding of the project and by whom. Approximately nine years ago, the Department of Transportation provided funding for training in this area which was very successful. Currently, each Prosecutor's office is responsible for training its deputy prosecutors. While State and Federal Governments have funded traffic safety programs in the past; the previously allocated funds have generally been dedicated to local police departments and endeavors designed to prevent the occurrence of intoxicated driving. ]3 EVALUATION Describe the plan to evaluate effectiveness of project. Attorneys participating in the state-wide DUI training will fill out a survey designed to measure the benefits of the training process: the amount of information or knowledge gained as a result of their participation, the usefulness of the material covered, and the likelihood of such being applicable to cases they typically encounter. What is cost-ratio benefit of project? The project will produce a wealth of benefits that cannot be described in economic terms. At a relatively miniscule cost, the training deputies receive will enable them to properly support the efforts of the police force to keep DUI offenders off Hawaii's roadways. The training deputies receive will serve to bridge the gap between the justice system's ability to catch DUI and other traffic offenders and their ability to penalize them. This will not only improve the efficiency with which traffic safety funds are used, but also serve to treat and deter repeat offenders and deter habitual DUI offenders from driving. In short, this will save lives. Normally, the cost of sending an in state attorney to the mainland in order to attend a training costs the government well over $2,000.00. By creating an in state training program, we will be able to train 35 attorneys at a cost of $10,000, such would otherwise cost the government well over $70,000.00. What is potential of project becoming self-sustaining? The project is self-sustaining in nature because the knowledge gained and shared by trained deputies will not depreciate, will not be consumed to exhaustion, and will serve its proper end throughout the longitude of these deputies' careers. BUDGET Describe all costs associated with the ro~ect: Personnel Consultant Airfare _ $800.00 Trainin fee $1,500.00 Trans ortation Oda s $50.00 ea $200.00 Hotel 3 ni hts $90.00 ea $270.0 Meals 4 da s $35.00 ea $140.00 Partici ants Airfare $160.00 x 15 $2,400 ~ Per diem $160 inc. hotel x 15 $2,400 In Sate trainers Airfare $160.00 x 3 $480.00 Per diem 60 inc. hotel x 3 $480.00 Materials List Trainin manuals $24.00 x 39 $862.00 ° ~-1 Others Training room expense $468.00 $]2.OOx 39 Total $10,000.00 Note: This is an REP and not a project application; therefore, the RFP is limited to these two pages. Please be pre: ise and to the point. 14 SAFE COMMUNITY TRAFFIC SAFETY PROGRAM REQUEST FOR PROPOSAL FORM Safe Communities Name of Agency/Group Office of the Prosecutine Attorney Hawaii County Address 34 Rainbow Drive City Hilo Zip 96720 Contact Charlenelboshi Phone 961-0466 PROBLEM STATEMENT Priority Area: Alcohol and other DruE Countermeasures (If additional space is needed, please continue on a separate sheet and attach it to this form.) Vehicular fatality cases are difficult to try; they require prosecutors to have a working knowledge of crash reconstruction and toxicology, skills working with expert witnesses and victims, and a thorough understanding of the law. These types of cases require a specialized knowledge of toxicology, crash reconstruction that is beyond the general knowledge of most experienced prosecuiors. To be more effective, Hawaii's deputy prosecutors are in need of specialized training in dealing with cases involving traffic-related fatalities. Such training will prevent future inadequacies in the ability of prosecutors to properly address criminal vehicular homicide and injury cases. SOLUTION Brielly describe the solution to the problem including community efforts The solution is to conduct athree-day statewide training that will provide specialized training for deputy prosecutors and law enforcement officers in the crash reconstruction dynamics, vehicle and occupant kinematics the Widmark BAC formula. Additionally, special emphasis on trial advocacy skills involving the unique issues involved in these difficult and technically challenging cases. State Goals and Objectives of Project. Goal: To train deputy prosecutors in the evaluation of technical facts and evidence in cases that involve criminal vehicular homicide and injury cases, improve cases evaluation and trial preparation of deputy prosecutors, law enforcement experts, and witnesses. The final bi- product will be to improve the trial advocacy techniques of presenting these technically challenging cases. Objective: To ~ro~: ire deputy prosecutors with an training that will increase their understanding of how evidence is derived through various tests and assist them in the evaluation of evidence derived from crash reconstruction, blood alcohol level testing, and crash kinematics reports, as well as inform them of modern trial advocacy practices and techniques. State previous funding of the project and by whom_ Currently, each Prosecutor's office is responsible for training its own deputy prosecutors. While State and Federal Governments have funded traffic safety programs in the past, the previously allocated funds have generally been dedicated to local police departments and endeavors designed to prevent the occurrence of intoxicated driving. 13 Evaluation Describe the Plan to Evaluate the Effectiveness of the Project: The effectiveness of the project will be assessed by the deputy prosecutors who take part in the state-wide training. These prosecutors will evaluate the training session in terms of the relative usefulness of the material presented, the amount of conceptual material covered, the amount of technical material covered, and the amount of new material learned. What is the cost-ratio benefit of the project? This project will improve the efficiency with which by giving prosecutors the necessary skills to prosecute and lock up some of Hawaii's most dangerous drivers. The average cost of sending a single deputy prosecutor to the mainland in order to receive training runs well over $2,000. The budget for the proposed project is $14,144 but will serve, at a minimum, 20 deputies. The net result is a savings of over $20,000. In addition, trained deputies will share the knowledge and skills gained with other deputies within their offices thereby effectively multiplying the benefits of the project across the board. What is the potential of this project becoming self-sustaining? This project is by nature self-sustaining in that the knowledge and skills gained by trained deputies will not depreciate or be lost. The skills and information gained through this training will work to ensure justice and efficiency within the criminal justice system in Hawaii for the duration of the careers of trained deputies and the careers of those they share the knowledge gained through their training. BUDGET Describe all costs associated with the project: Personnel Consultants Airfare $800 x 2 $1600 ? Trainin Fees $1500 x 2 $3000 Transportation 4 days @$50 each $400 r X2 Hotel 4 ni hts $90 each x 2 $720 Meals 5 da s $35 each x 2 $210 35D ` ` ` Partici ants Airfare 60 x 15 $2400 ? Per diem $320 inc. hotel x 15 $4800 Materials Trainin Manuals $30 x 20 $600 Others Training room expenses $414 $18.00 x 23 Total $14, ] 44 Note: This is an REP and not a project application; therefore, the RFP is limited to these two pages. Please be precise and to the point. 14