HomeMy WebLinkAboutBIL 270 Draft 01 2004-2006OFFICE OF THE COUNTY CLERK
i County of Hawaii
1 Hilo . Hawai`i
Introduced By:
Bob Jacobson
Date Introduced:
May 17, 2006
First Reading:
May 17, 2006
Published:
N/A
REMARKS:
May 17, 2006 - Close File due to
lack of majority aye votes.
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
X
Higa
X
Hoffinann
X
Holschuh
X
Ikeda
X
Isbell
X
Jacobson
X
Pilago
X
Safarik
X
1
8
0
0
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Higa
Hoffmann
Holschuh
Ikeda
Isbell
Jacobson
Pilago
Safarik
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this day
Of 20
MAYOR, COUNTY OF HAWAI `I
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
Reference:
Ord No.:
270
C-831/PSPRC-28
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 270
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO AMEND ARTICLE VII,
CHAPTER 2 OF THE HAWAII COUNTY CHARTER (2000) RELATING TO THE POLICE
DEPARTMENT, TO ADD A NEW CHAPTER RELATING TO AN INDEPENDENT POLICE
AUDITOR, AND TO AMEND ARTICLE XIII RELATING TO SALARIES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Background: In the present circumstances, misconduct in the police
department is difficult to determine or to refute because there is no meaningful oversight.
Without meaningful oversight police corruption in Hawaii County has in recent years resulted in
litigation and liability payments by the county, and promotions due police officers were denied.
The improvement of oversight, from a source external to and not under the influence of
the police department, will allow a better appraisal of the police department on a first hand basis
by an independent auditor. The police auditor will be independent of the county administration,
the county council, and the police department. Currently, the oversight is a responsibility of the
police commission, a part of the police department from which its budget derives.
Meaningful oversight provides a mechanism for assessment of the need for change and
also serves a deterrent to the risk of misconduct. An independent police auditor protecting
against corruption and abuse of power provides insurance against a tarnished reputation and
diminished effectiveness of law enforcement.
SECTION 2. Purpose: The proposed charter amendments remove the responsibility for
oversight of the police department from the police commission and assign this responsibility to a
full time independent police auditor nominated by the mayor and confirmed by the council.
Along with this responsibility for oversight, the ability to hire staff is also reassigned from the
police commission to the independent police auditor. The police commission is retained as
required by statute with the continuing powers and duties to evaluate, hire and fire the chief of
police, and to review and make recommendations regarding the police department's budget.
SECTION 3. Article V, Chapter 2 of the Hawaii County Charter (2000) relating to the
Police Department is hereby amended to read as follows:
"Section 7-2.1. Organization. There shall be a police department consisting of a police
commission, a chief of police, a deputy chief of police, and the necessary staff.
Section 7-2.2. Statement of policy. It is hereby declared to be the purpose of this chanter
of the charter to establish in the county a system of law enforcement which shall be based on due
regard for the constitutional rights of all persons, which shall promote the highest possible degree
of mutual respect between law enforcement officers and the people of the county and which shall
provide for the expeditious apprehension of those who violate the law. In order that these purposes
may be achieved the police department shall be operated in accordance with the following:
(1) Standards of recruitment shall be designed to attract into the service persons with
high degrees of education, intelligence and personal stability.
(2) Promotions shall be based upon fair standards of merit and ability which shall
include peacekeeping and law enforcement criteria.
(3) Grievance procedures for the people and police officers of the county shall be
based on due regard for their constitutional rights.
Section [7-2.2.1 7-2.3, Police Commission.
(a) The police commission shall consist of nine members. One member shall be a
resident of each council district. The members shall be appointed by the mayor and confirmed by
the council in the manner prescribed in section 13-4.
[(b) Statement of pokey. it is hereby deelared to be the pui-7pese of this ehapter of the ehafte
to establish in the e .nt.. a .stem or 1.,,., en f reement .yh:eh ..hall he based en due revafd F f the
ee stitutional rights of II j I , . I 3hall promote the highest possible degree of mutual
respeet between la.., en f ree.a,e.,r o ffieers and the people of the ee,..,r,, and wh:eh shall provide f ..
the expeditious apprehens:en of these ...hayielate the 1.,.., in order- that these .......roses ,«..., he
achieved the ..,Jive department shall bee rate.? : aeeerdanee with the F llo..ing.
(1) Sta.r,ler,Ts of recmtment shall be designed to attraet into the sefviee pefsens with
high degrees of edueation intelligenee and pe ,ral stability.
(2) Dromatie..s shall be based upon fair standards ar merit and ability wh:eh shall
(3) Grievanee pFoeedu fes for the people and ,.alive eFrvers Of the ee....t, shall be
hase.T o., due r and for their a nstit..tio«al rights-.]
[(e3] bb Powers and Duties. The police commission shall:
(1) 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 . review the .,.les and
]•
(2) Review the annual budget prepared by the chief of police and may make
recommendations thereon to the mayor and managing director.
(3) Submit an annual report to the mayor, the managing director and the council.
[(4)Daveiyee a cider and investigatea.
ehves b fe,•ahr by the publie against
tha
l
een
.7 et eF the depaAment oraft),of its ,« mbe .,.7 submit a a.:tten r e..t e f its
findings to the ehief of paliee. A summary of the eharges filed and their disposition
shall hc-nczcded ii - the -annual -ScPort of the e.,.e........ There, shall be budgeted
suffleient F ds in the annual b...leet or the r ..lidp
ave eart.r,ent for use by the r«olive r J
ftilfill the intent of this seetion .]
[(5)](4) Advise the mayor, the managing director, the council, and the chief of police
on police -community relations.
[/6\ Dcricathe d ePii4mens's v r»tions, as deemed n...,,»:J, for the Yu : es oreeommef.
..,,1:..,e, improvements to the «olive ehief and the managing !lire.. ]
[(7)] (5) At least annually, jointly with the independent policy auditor, [1✓4 ahwte at
leash annaally] evaluate the performance of the police chief and submit a report to the
mayor, managing director, and the council.
[(8) Hi personnel n e y eafry eut its fungi .. .]
[(9)] (6) Except for purposes of inquiry[;] and review necessary to the foregoing,
neither the commission nor its members shall interfere in any way with the
administrative affairs of the department.
Section [7-2.3:1 7-2.4. 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 17 2.41 7-2.5. 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 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 and the independent police auditor
about the activities of the police department and about actions taken on cases investigated by the
independent police [eetmmissie}3]auditor.
(e) Have such other powers, duties, and functions as may be [requifed by the pekee
eeissien-er] provided by law[..-] including any statute or Hawaii County ordinance.
Section [mss] 7-2.6. 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 [a 3�1 7-2.7, Administrative Supervision. The police department shall come
under the general supervision and control of the mayor, through the managing director."
SECTION 4. A new article is added to the Hawaii County Charter (2000) relating to the
Independent Police Auditor, to be appropriately designated and to read as follows:
"ARTICLE . OFFICE OF THE INDEPENDENT POLICE AUDITOR
Section _- .1. Organization. There shall be an office of the independent police
auditor consisting of an auditor and necessary staff.
Section _- .2. Statement of Policy. It is hereby declared to be the purpose of this
article to establish in the county a system of independent civilian oversight over all operations of
the police department to assure accountability to the public and to enhance the development and
maintenance of modern and effective law enforcement policies governing all operation of the
police department. In order to achieve these purposes the office of the independent police
auditor shall be operated in accordance with the following.
Section _- .3. Independent Police Auditor. The county council shall by ordinance
set qualifications for the office of independent police auditor. The mayor shall nominate a
qualified person for the independent police auditor, and a two-thirds vote by county council shall
be required for confirmation of the independent police auditor. The independent police auditor
shall serve for a term of six years and may be removed by two-thirds vote of the council and with
concurrence of the mayor.
Section _- .4. Powers, Duties, and Functions of the Independent Police Auditor.
The independent police auditor shall be independent of the operational supervision of the mayor,
the managing director, the council, and the chief of police and shall:
(a) Adopt such rules as the independent police auditor may consider necessary for the
conduct of the auditor's business and the regulation of the matters committed to the
auditor's charge; and may review the rules and regulations of the police department.
(b) Receive, classify, investigate and route all internal or external complaints about
sworn police officers and other police department employees.
(c) Review the operations of the police department including those relating to criminal
intelligence.
(d) Conduct inquiries and investigations into any operations of the police department
and make subsequent recommendations to the managing director, the council, and
the chief of police.
(e) Monitor the police department's investigations and processing of internal and
external complaints of misconduct of sworn police officers and other police
department employees; access all evidence and reports developed as part of such
investigations; participate in the department's investigative interviews related to
such complaints at the discretion of the independent police auditor; attend
administrative review board and promotion board hearings; and require the police
department to undertake additional investigations as deemed necessary by the
independent police auditor.
(f) Have the power to issue subpoenas compelling the attendance of witnesses or the
production of books, documents or other evidence relating to the performance of any
of his or her duties.
(g) Hire personnel necessary to carry out the functions of the office of the independent
police auditor and to provide staff support for the police commission.
(h) Contract with qualified persons or entities outside of the police department to
conduct independent investigations of complaints about sworn police officers or
other police department employees.
(i) Make recommendations to the chief of police or designees subsequent to
investigations regarding complaints of misconduct of sworn police officers or other
police department employees.
(j) Prepare reports to the managing director, the council, and the chief of police
regarding complaint trends and police practices in general.
(k) At least annually, jointly with the police commission, evaluate the performance of the
police chief and submit a report to the mayor, the managing director, and the council.
(1) Have such other powers, duties and functions as may be prescribed by ordinance.
(m) Except for purposes of inquiry and review necessary to the foregoing functions, the
police auditor shall not interfere in any way with the day to day administrative
affairs of the police department."
SECTION 5. Article XIII, Section 13-28 of the Hawaii County Charter (2000) relating
to compensation is hereby amended to read as follows:
"Section 13-28. Compensation; Salary Commission.
(a) The salary of all county elected officials, [and] appointed directors and deputy
directors of departments and executive agencies, and the independent police auditor
shall be established by a salary commission which shall consist of nine members
appointed by the mayor with the approval of the council, in the manner prescribed
in section 13-4(b). The members may be removed in the manner prescribed in
section 13-4(b).
(b) One member shall be a resident of each council district. In addition, the civil
service director and deputy civil service director shall serve as ex -officio members
of the commission in an advisory capacity.
(c) The commission shall establish its rules of procedure, which shall provide that it meet
at least annually, and adopt rules and regulations having the force and effect of law.
(d) The commission shall review and compensate all county elected officials, [and]
appointed directors and deputy directors and the independent police auditor so that
their total salaries and benefits have a reasonable relationship to compensation in
the public and private sectors. The salary commission shall consult with those
boards and commissions which have appointing authority for department heads."
SECTION 6. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 7. 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 8. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 9. Following approval by a majority of voters in the 2006 general election,
the charter amendment proposed in this ordinance shall take effect January 1, 2007.
C•
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo , Hawai`i
Date of Introduction: May 17, 2006
Date of 1St Reading: May 17, 2006
Date of 2°a Reading:
Date of 3`a Reading:
Effective Date:
REFERENCE: COMM. 831
2