HomeMy WebLinkAboutCOM 0831.007 2004-2006
OF Phone: (808) 961-8263
BOB JACOBSON Fax: (808) 961-8912
Councilmemher Email: j j aco@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawai'i County Building
25 Auhuni Street, Suite 209
11do, Hawaii 96720
May 17, 2006
To: Stacy K. Higa, Chair
Hawaii County Council
This letter is intended to transmit amendments, including a rationale for each, to
the attached bill for your review. After consulting with Mike Ben from the
Department of Civil Service I feel the following amendments are necessary:
On page 3, the word "OFFICE" is replaced with the word "DEPARTMENT".
The title "office" is understood to mean it's holder is a civil servant, where as the
term "department" is understood to mean it's director and deputy director are
appointed, as such these positions are exempt. The independent police auditor
must be an exempt employee because theoretically a civil servant cannot and
should not evaluate the work of other civil servants. The independent police
auditor must operate on behalf of the citizens and cannot be influenced by an
unnecessary relationship with administration.
On page 4, Section .2. and Section ---.3. and Section _-_.4. sub section (g),
the words "office" have been replaced by the words "department". This is to
ensure consistency in the document following the previous amendment.
On page 4 Section .4. sub section (e) the phrase "participate in the
department's investigative interviews related to such complaints at the discretion
of the independent police auditor" and in sub section (g) the phrase "and to
provide staff support for the police commission" have been deleted. This is
because the independent police auditor may find these directives pose possible
conflicts of interest.
On page 5 "SECTION 5." Has been deleted in its entirety. This is because the
independent police auditor position will be an exempt position.
On page 5 and 6 the "SECTION" numbers have been amended to reflect the
deletion of "SECTION 5."
Thank you for your attention in this matter. If you have any questions or concerns
please feel free to co tact me anytime.
Com m No
3~.1
B No.
J/bl Ref. Tot - -
Ref. Date
District 6 - Upper Puna, Ka'u, and South Kona
Hawaii County Is An Equal Opportunity Provider And Employer
~Y or y__
COUNTY OF HAWAII STATE OF HAWAII
••rr OlMr~'
BILL NO.
ORDINANCE NO.
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 chapter
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 2.2.17-2.3. 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 poliey. it is hereby deelared to be the pufpose of this ehapter Rf thR Rha#e
establish h system of la of nt..l.:..1, ..hall be ba °.7 on d regard for
o f mutu l
^t° the highest ighest pessble degree of mutual
1 rights persons, e fall r ...high shall p«°"' a r
Y between 1 F nt °FF"'°rs and the people of the e ..,t.. and ,:,high shall p vide. f "
th diiietts appfehensien °F the who violate the law. in «.]ef that these purpeses . be
r may
(1) Standards ef Feeruitment shall be designed !E) attraet into the senliee persons with
high cc,7nicuao°..xx, im t°e71r:,.enee and p"1 stability
mvrngcnw~xa°e..,....». .
(2) Pfeffietiens shall be based upon faif standards ef mefit and ability whieh shall
based oft dee regard for iheif eenstitutienal rights.]
[(e)](b) 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 eW the mles °°a
regulatiens of the depaft"'°..r].
(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)Reeeive, onsider and investigate ehai-7 'es brough4 by the publie against
findings 1, ehief of poliee. n of the eha s filed and
rho Ali; vn summary shall b 1 .J d ' h annual repaA of the eemmission- 'i here ,.1.,.11 be 1,...Jgete 7
S11-fifleie-nA -funds h annual 1.. dget of the paliee department f « use by the pall .
fulfill 1, »t of this seetien ]
[(3)](4) Advise the mayor, the managing director, the council, an d the chief of police
on police-community relations.
[(6) Review the Y operations, deemed neeessai-7y, for the r,__r_
[(7)] (5) At least annually, jointly with the independent policy auditor, [Evalti to at
least ] evaluate the performance of the police chief and submit a report to the
mayor, managing director, and the council.
[(8) Hire pefsennel n , to „tits Tune i°ens.]
[(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.
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Section [72.3] 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 [7 2.¢1 7-25. 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 [eemmission] auditor.
(e) Have such other powers, duties, and functions as may be [required-by the pelise
eammission er] provided by law[..] including any statute or Hawaii County ordinance.
Section [7-2.x] 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 [7 2.6..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] DEPARTMENT OF THE INDEPENDENT POLICE
AUDITOR
Section .1. Organization. There shall be [an e€fise] a department of the
independent police auditor consisting of an auditor and necessary staff.
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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 [Affiee] department 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 [effiee] department 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; [
sueh eemplaiftts w discretion of the independent poli,.o °„a;'__,] 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 [and to previde staffsuppo-t f - the pRlie° ~~'°sion]
(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 [e€fiee] department of the
independent police auditor.
(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.
4
Q) 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 e n t ylii Seetion 13 20 of t, 14awaii County Chatter /2000) relating
to eempensation is hefby amended to read as fallaws-i
c
F all e my eleeted- a ffi .:el.. [andj appointed direeter" and dept 4..
(a) The salary J
direeters e depin4ments and e eutive e e e end the inn
shall be esiablished by a salary eammission whieh shall eensist of nine members-
appeinted by the mayer with the approval of the eouneil, in the manner- preseribed
in seetion 13 4(b). The ineffibefs may be removed in the manner- pfeseribed i
Betio. 14 A(b)
(b) n member shall be a silent eF eeeh a eil .listriet in addition, the eivil
sefN,iee direcater- and Eleputy eivil service direetor shall serve as ex effieio members
(e) Tl. shall establish its Fines of preee.7„«e.:.1 eh shall provide that it
/ r
ffleet a4 I llJ, and adept «„le" and regulations having gulations laving the force and effe et of
IRr
(d) The eemmission hall feview and a sate all my eleeted o ffie:el" [andl
appointed a:Meeters and depot} a and the ae ae 4 l: e ,.a:4 . so that
their
the Ypublie Y and p' ...4e "eete«„ The salary eemmissien ..hall e ..14.,ith these-
boards d eommissiens 4' h have appeintiHg ..41:4:. f r,le ••"4.« nt heads
SECTION [6] 5. 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] 6. 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] 7. 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.
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SECTION [9] 8. 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.
INTRODUCED V:
CO C MEM ER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of I" Reading:
Date of 2nd Reading:
Date of 3`d Reading:
Effective Date:
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