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CITY COUNCIL
M CITY AND COUNTY OF HONOLULU
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Cr HONOLULU, HAWAII 96813-3065 / TELEPHONE 547-7000
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County Council P- FC'
August 11, 1997
~.X RAN MITTAL
TO: Councilmember Aaron S.Y. Chung
County of Hawaii
ATTENTION: Liana Cox
Phone: (808) 961-8396
Fax: (808) 961-8572
FROM: ISADORA ICAWAILANI TAI
Legislative Aide to Councilmember John Henry Felix
Phone: (808) 527-5570
Fax: (808) 595-2024 for Jolm Henry
(808) 534-0467 staff office
RE: Resolution 95-98
:vfESSAGE: Aluha. Hope it's a beautiful day on the Big Island.
It is really lovely here. Have a good one.
Please call me at (808) 527-5570 if there is a problem
with transmission.
Total of (13) pages.
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O U N T O E M O N O L U U U ~ NO 9S ~ ``.70
M O1NyC L U L U H A W A I I '
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RESOLUTION ,~7 s~P 15 1~
INITIATING AMENDMENTS TO THE REVISED CHARTER OF THE 3TY AND
COUNTY OP HONOLULU 1973 ( 1994 EDITICNI , AS AMENDEDE~ICE~2fI, IIj,Q~~
PUBLIC SAFETY CO[~IIKISSION.
wHERF:AS, the duties of the Police Department and the Fire
Department. directly concern the public health and safety; and
WHERF;AS, consequently, tha_ leadership and staff of the
Police DeF~artment and the Fire Department must be professional
and qualified in order to safeguard public health and safety; and
WHEREAS, under the Revised Charter, as amended, the Police
Commissioc. appoints the Chief of Police, reviews the rules and
regulations for administration of the Police Department, and
hears comF~laints of citizens against the Police Department; and
WHEREAS, the Police commission has provided for qualified
and professional leadership in the Police Department and for a
selection system for the Police Department based on merit,
ability ar.d work performance; and
WHEREAS, the leadership of the fire fighting personnel
should also be qualified and professional, making imperative a
selection and promotion system based on merit, ability, and work
performance; and
WHEREAS, the Council finds that a Public Safety Commission
should be established to ensure qualified and professional
leadership and personnel for the Police Department and the Fire
Department, as well as to enhance public oversight of
departmental and agency operations in an efficient manner; and
WHEREAS, the Council further finds that the professionalism
and integrity of the Police Department and the Fire Department
will be compromised if political considerations influence
personnel decisions in any way; and
WHEREAS, the politicization of the Fire Department has
undermined the morale of the Department, as well as undermining
public confidence in the Department, by creating the impression
that Eire Department personnel have been hired and promoted based
on political considerations; and
WHEREAS, the Council finds that the city's interest in
assuring the professionalism ar.3 high quality of the Fire
Department and the proposed Public Safety Commission outweighs
the right of their personnel to engage in political activities;
and
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C I T Y H O N O l U L UT. Y OMf A W A lOl L u a u No.
RESOLUTION
wHEF.EAS, the Council finds that same prohibition on
political activities is imposed on members of the Police
Departmer.,t by Section 6-608 of the Revised Charter, and has
contributed to the professionalism of officers and bolstered
public ccnfidence in the Department; and
W:iEFEAS, the Council therefore determines that the personnel
of the Fire Department and the Commissioners on the Public Safety
Commissicn should be grohibited from engaging in political
activities for or against candidates seeking public office,
except fcr voting, in order to eliminate any possibility that
political considerations will intrude into the personnel
decisions or work of these agencies; now, therefore,
SE TT RESOLVED by the Council of the City and County of
Honolulu:
1. That it propose and it is hereby proposed that the
following question be glaced on the 1996 general
election ballot:
"Shall the Revised City Charter be amended to:
(2) Establish a Public Safety Commission with the
responsibility for appointing and removing the
Police Chief, the Deputy Police Chiefs, the Fire
Chief, and the Deputy Fire Chief, and performing
other duties concerning the Police Department and
the Fire Department; and
(2) Prohibit a member of the Fire Department and
Public Safety Commission from engaging in
political activities for the election or defeat of
a candidate for public office; and
(3) Make conforming amendments to other Charter
sections?"
2. That it propose and it is hereby proposed that the
Revised Charter of the City and County of Honolulu
1973, as amended, be amended by adding a new article to
be designated and to read as follows:
"ARTICLE
PUBLIC SAFETY COl~IDIISSICdi
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RESOLUTION
Section -101. Public Safety Commission--
There shall be a public safety commission which
shall consist of seven members. the commission may
appoint such staff and engage consultants as necessary
for the performance of its duties. The commission
shall be governed by the provisions of section 13-103
of this charter.
Section -102. Powers, Duties and Punctione-- ,
The public safety commission shall:
{a) Establish and implement procedures for
the recruitment, selection, and appointment of the
police chief, deputy police chiefs, fire chief,
and deputy fire chief.
(b) Adopt rules necessary for the conduct of
its business and review rules for the
administration of the police department and the
fire department.
(c) Review the annual budgets prepared by
the police chief and the fire chief and make
recommendations thereon to the mayor.
{d} Review the operations of the police and
fire departments, as deemed necessary, for the
purpose of recommending improvements to the police
chief and the fire chief.
(e) Evaluate at least annually the
performance of the police chief, the deputy police
chiefs, the fire chief, and the deputy fire chief.
(f) Review personnel actions within the
police department and the fine department for
conformance with the policies under sections 6-502
and 6-602 of this charter.
(q) Submit an annual report to the mayor and
the council on its activities.
(h) Receive, consider and investigate
charges brought by the public against the conduct
of the police department and the fire department,
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N ONO L U l U.
RESOLUTION
or any of their members, and submit a written
report of its findings in each investigation to
the appropriate department head. A summary of the
charges filed and their disposition shall be
included in the annual report of the commission.
Except for purposes of inquiry or as otherwise
provided in this charter, neither the commission nor
its members shall interfere in any way with the
administrative affairs of the police department and the
fire department.
Section -103. Political Activities Prohibited--
Except for exercising the right to vote, no member
of the public safety commission shall support,
advocate, or aid in the election or defeat of any
candidate for public office. Any violation of this
section by a member of the. commission shall be cause
for summary dismissal from the commission."
3. That it propose and it is hereby proposed that Article
VI, Chapter 5, of the Revised Charter of the City and
County of Honolulu 1973, as amended, be amended as
follows:
"CHAPTER 5
FIRS DSPARTI'ffiiT
Section 6-501. Organization--
There shall be afire department [headed by] which
shall consist of afire chief [who shall be appointed
and may a removed by the mayor.]. and the necessar
staff. The fire chief shall be the admin strative head
o the ire department.
section 6-502. Statement of Policy--
It is hereb declared to be the ur ose of this
cha ter of the c arter to esta 1 sh in the c t a
s stem of re rotect on an revent on and emer enc
rescue which she be based on a ed and
ro essiona leadershi and ersonnel. In order to
ach eve this ur ose the fire de artment she 1 o erase
in accordance w th the follow n4:
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CST V .~Nd COUH Tv OR NONOIULU NQ.
N O N O l U L U H A W A I I
RESOL•C.ITXON
Standards for recruitment shall be
desi ned to attract into the de artment ersans
with a ro r ate de rees of educat on
late 1 aence, and personal stabi itv.
b) Promotions and other ersonnel actions
shall be based u on fair an a ro r ate star ards
of mer t, ability, and work er ormance.
c) A ro riate trainin shall be rovided
to the maximum extent poss2b a and pract cable.
Section (5-502.] 6-503. Fire Chief. Qualifications--
The fire chief shall be a ointed b the ublic
safety commies on. The chie may be removed by the
public safety commission only after bes.ng given a
written statement of the char es and a hearin before
the commies on. The fire] chief sha 1 ave had a
minimum o five years of training and experience in a
fire department, at least three years df which shall
have been in a responsible administrative capacity.
Section (6-503.] 6-504. Powers, Duties and Functions--
The fire chief shall:
la) Perform firefighting and rescue work in
order to save lives and property from fires and
from emergencies arising on the sea and hazardous
terrain.
(b) Train, equip, maintain and supervise a
force of firefighting and rescue personnel.
(e) Monitor the construction and occupancy
standards of (building] buildings far the purpo
of fire prevention.
(d} Provide educational programs relate
fire prevention.
(e) Perform such other duties as may
required by law.
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CITY ANO COUNT Y OM'A W A TOIL ULU NO 9,
M ONO L U L U
RESOLUTION
Section 6-505 Suspenaion~ Removal: Appeals--
1 Suspension or removal of anv officer or
em to ee shall be made ursuant to law and the rules of
the department.
2. R eals from ersonnel actions shall be in
accordance with section 6-3 o this c after.
Section 6-506. Political Activities Prohibited--
E+cce t for exercising the right to vote, no member
of the fire de artment shall su ort advocate or aid
in the elect on or defeat of any sand date or publ c
office. An violation of this section b a member of
the a artment sha 1 be cause for summary d sm ssal
from the department."
4. That it propose and it is hereby proposed that Article
VI, Chapter 6, of the Revised Charter of the City and
County of Honolulu 1973, as amended, be amended as
follows:
A. By amending Section 6-601 to read:
"Section 6-601. Organization--
There shall be a police department which shall
consist of a chief of police[, a police commission] and
the necessary staff. The chief of police shall be the
administrative head of the police department."
B. By amending Section,6-603 to read:
"Section 6-603. Chie! of Police--
The chief of police shall be appointed by the
[police] ublic safet commission. The chief may be
removed by the po ice] public Safety commission only
after being given a written statement of the charges
.and a hearing before the commission. The chief shall
have had a minimum of five years of training and
e;cperience in law enforcement work, at least three
years of which shall have been in a responsible
administrative capacity."
. C. By deleting Section 6-605:
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H O n O L U L V H A W A I I
RESOLUTION
"[Section 6-605. Police Commission--
There shall be a police commission which shall
consist of seven members. The commission may appoint
such staff and engage consultants as is necessary to
assist it in the perfcrmance of its duties. The
commission shall be governed by the provisions of
Section 13-103 of this charter.]"
D. Hy deleting Section 6-606:
"[Section 6-606. Powers, Duties and Functions
The police commission shall:
(a) Adopt such rules as it may consider
necessary for the conduct of its business and
review rules and regulations for the
administration of the department.
(b) Review the annual budget prepared by the
chief of police and may make recommendations
thereon to the mayor.
(c) Submit an annual report to the mayor and
the city council.
(d) Receive, consider and investigate
charges brought by the public against the conduct
of the department or any of its members and submit
a written report of its findings and
recommendations to the chief of police. A summary
of the charges filed and their disposition shall
be included in the annual report of the
commission.
Except for purposes of inquiry or as otherwise
provided in this charter, neither the commission nor
its members shall interfere in any way with the
administrative affairs of the department.l"
E. By renumbering the present Section 6-607
("Suspension; Removal; Appeals--") to Section 6-
605.
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A 101LU1 V NO. ~~-~8
H O N O L U L U
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RESOLUTION
F. Sy renumbering the present Section 6-608
("Political Activities Prohibited--") to Section
6-606.
5. That it propose and it is hereby proposed that Section
4-104 of the Revised Charter of the City and County of
Honolulu 1973, as amended, be amended by amending '
subsections 1 dnd 2 to read as follows:
"1. All department heads and the managing
director, as provided in sections 5-201, 5-301, 5-4'02,
6-101, 6-103, 6-104, 6-106, 6-201, 6-305, 6-401,
[6-501,] 6-701, 6-801, 6-902, 6-1002, 6-1101, 6-1201,
6-1301, 6-1401, 6-1501, shall be nominated and, by and
with the advice and consent of the council, appointed
and may be removed by the mayor, except as otherwise
provided by this charter. Department heads shall be
duly registered voters of the city and qualifications
of department heads shall be as required by this
charter.
2. When tho position of head of an executive
agency becomes vacant[,) and the maYOr is the
ap ointin9 author_itY._ the mayor may temporarily fill
the vacancy by grantlnq a commission allowing the
nominee to fulfill the responsibilities of the
position. The commission shall begin when the mayor
submits to the council a request for confirmation. The
commission shall expire when the council makes the
confirmation decision. If the nominee fails to be
confirmed by the council, the nominee shall not be .
eligible for another interim appointment to the same
office."
6. That it propose and it is hereby proposed that Section
6-102 of the Revised Charter of the City and County of
Honolulu 1973, as amended, be amended to read as
follows:
"Section 6-102. Powers, Duties a.nd Functions--
The managing director shall:
(a) Supervise the heads of all executive
departments and agencies assigned to the managing
director by section 4-102 of this charter.
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RESOLUTION
(b) Evaluate the management and performance
of each executive agency, including the extent to
which and the efficiency with which its operating
and capital program and budget have been
implemented, appoint the necessary staff to assist
in such evaluation and analyses and to assist the
executive agencies in improving their performance
and make reports to the mayor [and•to the police
commission, in the case of the police department,)
an the findings and recommendations of such
evaluation and analyses. Are ort also shall be
made to the ublic safet Comm ssion when an
evaluat on and anal s s is erformed on t e olice
department and t e f re epartment.
(c) Prescribe standards of administrative
practice to be followed by all agencies under the
managing director's supervision.
(d) Attend meetings of the council and of
any board, commission or committee, when requested
by the mayor.
(e) Attend meetings of the council and its
committees upon request and make available such
information as they may require.
(f) Perform all other duties required by
this charter or assigned in writing by the mayor."
7. That it propose and is hereby proposed that Section 6-
312 of the Revised Charter of the City and County of
Honolulu 1973, as amended, be amended by amending
subsection 2 as follows:
"2. Political Activities.
(a) No person in the civil service shall (1) use
official authority or influence for the purpose of
interfering with an election or affecting the result
thereof; (2) use official authority or influence to
coerce the political action of any person or party; (3)
be obliged to contribute to any political fund or to
render any political service, nor shall such person be
removed or otherwise prejudiced for refusing to do so;
(4) solicit or receive any political contribution from
any officer or employee or from any person in ariy City
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*~JNOIU LU H AW AI I NO.
RESOLUTION
building or from any person receiving any benefit under
ary law of the state appropriating funds for relief or
public assistance; or (5) discriminate in favor of or
against any officer or employee on account of any
political contribution.
(b) The foregoing prohibited activities shall not '
be deemed to preclude the right of any person in the
civil service to vote and to express opinions as such
person chooses on all political subjects and candidates
or to be a member of any political party, organization
or club. Any person in the civil service may make
voluntary contributions to a political organization for
its general. expenditures. "Contribution" includes a
gift, subscription, loan, advance or deposit of money
or anything of value and includes a contract, promise
or agreement, whether or not legally enforceable, to
make a contribution.
This ara ra h shall not be su erior to an other
section of the charter which rohib is certain
olitical act vibes b a member of a art eular
de artment. w en a olitica act vit is ermissible
under this ara rah but roh b ted in another
se^t+on the prohib t ono the sect on she prev_ail."
9. That it propose and it is hereby proposed that Article
XVI of the Revised Charter of the City and County of
Honolulu 1973, as amended, be amended by adding a new
section to be designated and to read as follows:
"section 16-113. Transition Provisions Concernin
P 1 c Safety Coimu ssion.
1 The term of the police chief, deputy police
chiefs fire chief and de ut fire chief servin on
December 1 1996 shall en on t at date.
Notwithstanding the ending of__the term, the police
chief deputy police chiefs, Eire chief dna
aepuLY
fire chief servin on Dece er 31 1996 shall remain
In office on an nterim bas s from January 1, 199 .
2. Unless sooner removed b the ma or the
interim police chiefs deputy pol ce chiefs, f re chief,
and deputy fire chief shall serve until an anpoinunenL
to the osition is made b the ublic safet• commission
pursuant to sect ons 6-503 and 6-603 0 _th s charter.
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R,ESOLUTION
3. If an interim olice chief de ut olice
chief f re chie or deputy fire chief vacates or is
removed from office b the ma or before an a ointment
to the position is made by the pub is safety
commission the ma or ma commission another on an
inter m basis."
9. Charter material to be repealed is bracketed. New
Charter material is underscored. when revising,
compiling, or printing these Charter provisions for
inclusion in the Revised Charter of the City and County
of Honolulu 1973, as amended. the Revisor of Charter
need not include the brackets, the bracketed material,
or the underscoring.
10. That the City Clerk be and is hereby directed:
A. To prepare the necessary ballots with the question
contained in this Resolution and with spaces for
"yes" or "no" votes on the question for
presentation to the electors at the 1996 general
election. The City Clerk may make technical and
non-substantive changes to the form of the
question presented in order to conform it to the
form of other Charter amendment questions
presented to the electors at the same election;
and
B. To publish the above-proposed Charter amendments
at length in a daily newspaper of general
circulation in the City and County of Honolulu at
least 45 days prior to its submission to the
electors at the 1996 general election.
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RESOLUTION
11. That upon approval of the Charter amendments proposed
in this Resolution by a majority of voters voting
thereon, as duly certified, the Charter amendments
shall take effect on January 1, 1997; except that
section 16-113 shall take effect on December 31, 1996.
INTR UCED BY:
Counci]membera
DATE OF IDfTRODUCTION:
MAR 0 " 1995
Honolulu, Hawaii
(OCS/022895,'pn) -12-
CZ'1"~ COUNCIL MEE~TIW~TN0.D
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HONO[.17LU.IIAWAQ Adeteaee
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