HomeMy WebLinkAboutCOM 0831.008 2004-2006
Paul M. de Silva
3020 Ainaola Drive, Hilo, Hawaii 96720
Telephone: (808959-6901 Far: (808) 959-6901 ,
Emait.. Paolo@ Hawaii.rr.com
May 7, 2006
Honorable Stacy Higa and Members of the
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Higa and Council Members:
Re: Letter from Mr. Lincoln Ashida to the Council
May 4, 2006
Their Entry: WRK 06-12224
This letter addresses the question of whether or not the independent police auditor
(IPA) answers to no one because there is no oversight by any other agency acting as a
check and balance and addresses what information can be accessed by the IPA.
In addition to the clarification of the selection and dismissal mechanism addressed
in my previous letter, according to Bill 270, Section .4. Powers, Duties, and
Functions of the Independent Police Auditor, the IPA shall have "such other powers,
duties and functions as may be prescribed by ordinance." Similarly, under Section [7-
~4-.] 7-25. Powers, Duties, and Functions of the Chief of Police, the chief can also be
assigned additional powers, duties and functions by ordinance. The purpose of the
charter language is to be particular enough to outline the chief s and auditor's powers,
duties and functions to avoid future misunderstandings and controversy about their
respective roles, but not so particular as to cause problems with its application.
The council will have authority to provide the particulars to clarify the IPA's role
in allowing deep oversight, regulating the nature of the auditor's conduct at the
administrative review board hearings and during investigations, describing the
information the auditor can access, the kinds of reports he must make and the manner in
which subpoena power can be used. It could also clarify the chief's powers duties and
functions in facilitating oversight. This would therefore provide some important
oversight, functional flexibility and a check and balance as well.
It is therefore a misconception that the IPA would be free of all checks, balances
and oversight.
Comm No. 3 .
Ref. Tot tMINNO
f. Date #W'1 LQO
Thank you for your attention to this additional matter.
Aloha,
aul Tv1 de Silva
cc. by email attachment
Honorable Harry Kim, Mayor
Chief Lawrence Mahuna, Chief of Police
Mr. Lincoln Ashida, Corporation Counsel
Mrs. Pudding Lassiter, Chairman, Hawaii County Police Commission