HomeMy WebLinkAboutCOM 0831.005 2004-2006
BOB ?ACOBSON rr orp Phone No.: (808) 961-8263
Council MemberFax No.: (808) 961-8912
E-Mail: jacobs@hgea.org
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii County Building
15 Aupuni Street, Suite 209
Hilo, llawai'i 96720
TO: Chair Stacy Higa and Members of the Hawaii County Council
FROM: Bob Jacobson
Council Membe
DATE: May 10, 2006
SUBJECT: Independent Police Auditor (Bill 270-06)
This is to address some concerns raised by committee members regarding the Independent Police
Auditor, as proposed in Bill 270-06.
1. Accountabilitv.
Bill 270-06 states: "the independent police auditor shall be independent of the operational
supervision of the mayor, the managing director, the council, and the chief of police."
It appeared to be this operational independence that brought some committee members to
question as to whom the independent police auditor answers.
Bill 270-06 also provides that: "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."
Independent police auditor accountability comes, at minimum, directly in the following forms:
A. Nomination by the mayor
B. Confirmation by two-thirds vote of the council
C. Removal by two-thirds vote of the council
D. Concurrence of removal by the mayor
E. Subjection to ordinances and statutes, such as those regarding relevant matters like
privacy, ethics, and corruption.
The above accountability is no less than is now in place for members of the police commission.
Comm. No. 3
District 6 - Upper Puna, Ka'u, and South Kona Ref. To: Presentee
Hawaii County Is An Equal Opportunity Provider And Employer Ref. L'ata -L-1--211U6
2. Scope and authority
As indicated in the bill, the core powers, duties, and functions of the independent police
auditor involve investigations, reports, recommendations, and performance evaluations.
The independent police auditor has no authority to impose sanctions or penalties.
The only power of the independent police auditor to compel any type of action is to require the
police department to undertake additional investigations regarding specific internal and
external complaints of misconduct of sworn police officers and other police department
employees.
3. What the independent police auditor proposal is not:
The independent police auditor proposal is not negative in character, nor is it an attack upon
any individual, office, or entity.
As indicated in the stated powers, duties, and functions of the independent police auditor, this
proposal is not about micro-management of the police department. The independent police
auditor does not remove legitimate operational capability from the police department. The
bill explicitly states that the independent police auditor "shall not interfere in any way with
the day to day administrative affairs of the police department." Furthermore, police
department discipline is not removed from the chief of police.
I hope this provides clarification of the issues surrounding concerns raised.
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