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Home My WebLink AboutCOM 0478.000 1996-1998 4oVMSY Of N,~' AARON S.Y. CFIDNG ~6~;~, _ Phone: (808) 961-8396 Councilmember ,t ~ 7 ~ FAX: (808) 969-3291 COUNTY COiJNC1L ~ ~ ; , , ~ , C0~ ~ County of Hawaii Hawaii County Building 25 Auquni Street Hilo, Hawaii 96720 September 3, 1997 Mr. Wayne Carvalho, Chief Hawaii County Police Department 349 Kapiolani Street Hilo, Hawaii 96720 Re: Attached Bill For your information, attached is a copy of a draft bill for an ordinance initiating a charter amendment of the Hawaii County Charter (1991 Edition), as amended, relating to the Police Commission, for your review and comments. Please feel free to submit any comments which you may deem appropriate. Should you have any questions, please call myself or my Legislative Assistant Liana Cox at 961-8492. Sincerely, Aazon S.Y. Chung, Cha' Committee on Financ ASYC/Ikc Attach. L"s>tu::~. Dh: tR ;1 _ SEP ' ~kJl~. ~-~~.e_. .~r........~~ COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. A BILL FOR AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII COUNTY CHARTER (1991 EDITION), RELATING TO THE POLICE DEPARTMENT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The Police Department is responsible for the protection of life and property and the enforcement of State and County laws. These duties must be performed by qualified, professional police personnel, and more importantly, the leadership of the police personnel must also be qualified and professional, making imperative an upstanding selection and promotion system based on merit, ability, and work performance. The Hawaii County Police Commission, created by voters of the 1990 general election, appoints the Chief of Police and reviews the rules and regulations for administration of the Police Department. The Council finds that the professionalism and integrity of the Police Department will be compromised if political considerations influence personnel decisions in any way. The Council finds that the County's interest in assuring the professionalism and high quality of the Police Commission outweighs the right of Police Commissioners to engage in political activities. The Council finds that same prohibition on political activities is imposed on members of the Civil Service Commission pursuant to Section 76-51 of the Hawaii Revised Statutes. SECTION 2. Article VII, Chapter 2 of the Hawaii County Charter 991 Edition), as amended, relating to the Police Department is amended to read as follows: "CHAPTER 2 POLICE DEPARTMENT Section 7-2.1. Organization. There shall be a police department consisting of a police commission, chief of police, a deputy chief of police, and the necessary staff. 1 Section 7-2.2. Statement of Hiring Policy It is hereby declared to be the p~~pose of this chanter to establish in the countXa svstem of police protection and prevention which shall be based on qualified and professional leadersh~.p and personnel. In order to achieve this p~pose the police department shall be conducted in accordance with the following (al Standards for recruitment shall be designed to attract into the department me sons with high degrees of education, intelligence, and personal stability. (bl Promotions and other personnel actions shall be based upon fair and anpro rn iate standards of merit_ ability~nd work performance. Annronriate training shall be provided to the maximum extent possible and practicable. Section [7-2.2.]77-2.3. Police Commission. The police commission shall consist of nine members. One member shall be appointed from each of the respective nine council districts. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. The police commission shall: (a) Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and regulations 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 council. (d) Receive, consider, and investigate charges brought to the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police. A summary of the charges filed and their disposition shall be included in the annual report of the commission. There shall be budgeted sufficient funds in the annual budget of the police department for use by the police commission to fulfill the intent of this section. (e) Advise the chief of police on police-community relations. (fj Hire personnel necessary to carry out its functions. Except for purposes of inquiry, neither the commission nor its members shall interfere in any way with the administrative affairs of the department. ~ ~ 7 2 4 Political Activities Prohibited Except for exercising the right to vote no member of the police commission shall support advocate. or aid in the election or defeat of 2 anv candidate for public office Anv violation of this section by a member of the commission shall be cause for summary dismissal from the commission. Section [7-2.3.]7-2.5. Chief of Police and Deputy The chief of police shall be appointed by the police commission and may be removed by the police commission at its sole discretion. Any motion for removal of the chief of police must contain a statement of reasons, and the commission shall not vote to remove the chief of police unless the chief of police has been given an opportunity to respond to the statement of reasons at a hearing before the commission. The deputy shall be appointed by the chief of police with the confirmation of the police commission and may be removed by the chief of police with the approval of the commission, without cause being stated. The chief of police shall have had a minimum of five years of training and experience in law enforcement work, including at least three years in a responsible administrative capacity Section [7-2.4.]7-2.6. Powers, Duties, and Functions of the Chief of Police. The chief of police shall be the administrative head of the police department and shall: (a) Be responsible for the preservation of the public peace, prevention of crime, detection and arrest of offenders against the law, protection of the rights of persons and property, and enforcement and prevention of violations of all laws of the state and ordinances of the county and all regulations made in accordance therewith. (b) Train, equip, maintain, and supervise the force of police officers and employees. (c) Promulgate rules and regulations for the organization and administration of the police force. (d) Make periodic reports to the police commission about the activities of the police department and about actions taken on cases investigated by the police commission. (e) Have such other powers, duties, and functions as may be required by the police commission or provided by law. Section [7-2.5.]7-2.7. Dismissal, Suspension, Demotion, or Grievance. The dismissal, suspension, demotion, or grievance of any police officer or employee in the police department shall be under procedures set forth by civil service laws and regulations. Section [7-2.6.]7-2.8. Administrative Supervision. The police department shall come under the general supervision and control of the mayor." SECTION 3. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. 3 SECTION 4. If any portion of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the provision of the application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of the county for approval at the next general election. SECTION 6. Upon approval of the Charter amendments proposed in this ordinance by a majority of voters voting thereon, as duly certified, the Charter amendments shall take effect on January 1, 1999. INTRODUCED BY: COUNCILMEMBER, COUNTY OF HAWAII ASYC/lkc Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Date of 3rd Reading: Effective Date: 4