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HomeMy WebLinkAboutCOM 0831.000 2004-2006 BOB JACOBSON •wo. Phone No.: (808) 961-8263 Council Men ber Fax No.: (808) 961-8912 E-Mail: jjaco@co.hawaii.hi.us .;:•c HAWAII COUNTY COUNCIL County of Haivai `i Hawaii County Building 25 A upuniStreet, Suite 209 Hilo, Hawaii 96720 April 18, 2006 To: Stacy Higa, Chair Hawaii County Council From: Bob Jacobson Council Member, District 6 Subject: Charter Amendment relating to establishing an Independent Police Auditor Enclosed is a bill for a charter amendment to assign police oversight to a full-time independent police auditor. The three parts of the proposed charter amendment are: 1. An amendment relating to the police department, changing the powers, duties, and functions of the police commission. (Article V, Sections 7-2.2 to 7-2.6) 2. Addition of a new article, relating to the Independent Police Auditor (IPA). This article: • establishes the office of the IPA; • provides a statement of policy, including the purpose of the article; and • sets out powers, duties, and functions of the IPA. 3. An amendment relating to compensation, adding "Independent Police Auditor" as an official position for which a salary will be established by the salary commission. (Article XIII, Section 13-28) Attached to this transmittal is a summary outline of powers, duties, and functions of the Independent Police Auditor; and the powers, duties, and functions of the Police commission as amended by the proposed charter change. Prior to implementation of this proposed charter amendment on January 1, 2007, the County of Hawaii shall consult with all public employee unions that have any membership among the employees of the Police Department. Thank you for immediately referring this bill to the Public Safety and Parks and Recreation Committee, in accordance with Council Rule 4-2(t). If you have any questions, please call me. BJ/)w Comm, No. att Ref. To: <BiAQa-lo~ Ref. Uate District 6 - Upper Puna, Ka'u, and South Kona Hawaii County Is An Equal Opportunity Provider And Employer ATTACHMENT TO TRANSMITTAL, April 18, 2006 Powers, duties, and functions of the Independent Police Auditor and of the Police Commission (as amended by the proposed Charter change): A. Powers, duties, and functions removed from the police commission and transferred to the independent police auditor: (1) Review the rules and regulations of the department. (2) 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 to the chief of police. (3) Review the department's operations, as deemed necessary, for the purpose of recommending improvements to the police chief and the managing director. (4) Hire personnel necessary to carry out its functions. B. Powers, duties, and functions of the police commission to be retained by the police commission and shared with the independent police auditor: (1) Evaluate at least annually the performance of the police chief and submit a report to the mayor, the managing director, and the council. C. Powers, duties, and functions of the police commission: In Section 7-2.3 of the proposed Charter amendment (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. (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) Advise the mayor, the managing director, the council, and the chief of police on police- community relations. (5) At least annually, jointly with the independent policy auditor, evaluate the performance of the police chief and submit a report to the mayor, the managing director, and the council. (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. Elsewhere other than in Section 7-2.3 of the proposed charter amendment (7) Appointment and removal of the police chief. (Section 7-2.4, Charter as amended by the proposal) (8) "The determination of whether an act, for which the police officer is being prosecuted or sued, was done in the performance of the police officer's duty, so as to entitle the police officer to be represented by counsel provided by the county." (HRS 52D-9) 1 ATTACHMENT TO TRANSMITTAL, April 18, 2006 D. Powers, duties, and functions of the independent police auditor: (1) 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. (2) Receive, classify, investigate and route all internal or external complaints about sworn police officers and other police department employees. (3) Review the operations of the police department including those relating to criminal intelligence. (4) 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. (5) 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. (6) 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 official duties. (7) 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. (8) 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. (9) 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. (10) Prepare reports to the managing director, the council, and the chief of police regarding complaint trends and police practices in general. (11) 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. (12) Have such other powers, duties and functions as may be prescribed by ordinance. (13) 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. 2