HomeMy WebLinkAboutBIL 270 Draft 01 2006-2008OFFICE OF THE COUNTY CLERK
County of Hawaii
xona , Hawaii
Introduced By: Bob Jacobson
Datelntroduced: April 22, 2008
First Reading: April 22, 2008
Published: N/A
REMARKS:
04/22/08 - Close File
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES NOES ABS EX
Ford X
Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong }[
Yoshimoto X
3 5 `il
ROLL CALL VOTE
AYES NOES ABS EX
Ford
Higa
Hoffmann
Ikeda
Jacobson
Naeole
Pilago
Yagong
Yoshimoto
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHA/RMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
COUNTY CLERK
Bill No.:
Approved/Disappravedlhis day
ZO
270
C-1089/PWIRC-68
Reference:
Ord No.:
MAYOR, COUNTY OF HAWAII
COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. zoo
ORDINANCE NO.
AN ORDINANCE TO INITIATE A CHARTER AMENDMENT TO ARTICLE III, ARTICLE
VII, AND ARTICLE XIII OF THE HAWAII COUNTY CHARTER (2000), RELATING TO
THE ESTABLISHMENT OF AN OFFICE OF POLICE OVERSIGHT AND COMPLAINTS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings: Civilian oversight of law enforcement has become an
established feature of American law enforcement. Citizen input into the complaints process and
general oversight of police operations is now an expected component of police accountability.
Meaningful oversight provides a mechanism for assessment of the need for change and also
serves as a deterrent to the risk of misconduct. A civilian police inspector can protect against
corruption and abuse of power and cooperatively develop better police policies and practices.
The desire to create a civilian oversight mechanism for Hawaii County is the result of
years of frustration expressed by numerous elected officials, police officers, and residents that
have had experiences with police that were less than satisfactory. The director of the office of
police oversight and complaints would conduct full and impartial investigations of police
administration, implementation of policies, and complaints including misconduct of police
officers. It is believed that the public will have more confidence in civilians investigating the
police than in the police investigating themselves. The cun•ent civilian review board system
embodied by the police commission was intended to achieve those goals but has failed to provide
an adequate means to receive, consider, and thoroughly investigate charges of misconduct in a
timely, comprehensive, and efficient manner. It has also been unable to provide for effective and
thorough civilian review of police operations and for well-studied and constructive
recommendations for improvement.
To better achieve public confidence in the police department and provide avenues for
civilian input into policies governing fair, unbiased and just operations, a new and better system
is necessary. Meaningful oversight requires a credible, impartial, and independent mechanism for
assessment of the need for change and also serves as a deterrent to the risk of misconduct.
SECTION 2. Purpose: The proposed charter amendments remove a portion of the
responsibility for oversight of the police department from the police commission and assign it to
the office of police oversight and complaints which is headed by a director that is appointed by
the council. Along with this responsibility for oversight, the ability to hire staff is also
reassigned from the police commission to the office of police oversight and complaints and its
director. The police commission is retained as required by statute with the continuing powers and
duties to advise the chief on police-community relations, evaluate, hire and fire the chief of
police, receive and route public charges of misconduct to the office of police oversight and
complaints, and to review and make recommendations regarding the police department's budget.
SECTION 3. Article III of the Hawaii County Charter (2000) is amended by amending
the title to read as follows:
"ARTICLE III
LEGISLATIVE BRANCH
CHAPTER 1
COUNTY COUNCIL"
SECTION 4. Article III of the Hawaii County Charter (2000) is amended by deleting
section 3-17, County Reapportionment Commission, in its entirety.
SECTION 5. Article III of the Hawaii County Charter (2000) is amended by adding a
new chapter to be titled, County Reapportionment Commission, to read as follows:
"CHAPTER 2
COUNTY REAPPORTIONMENT COMMISSION
Section 3-2 1 County Reapportionment Commission.
(a) There shall be a county reapportionment commission which shall establish the boundaries
of the council districts.
(b) The initial reapportionment commission shall consist of seven members, two of whom
shall be residents of the combined iudicial districts of North and South Hilo, one from the
iudicial district of Puna one from the iudicial district of Ka`u, one from the combined
judicial districts of North and South Kona one from the combined iudicial districts of
North and South Kohala and one from the judicial district of Haznakua. The members
shall be appointed by the mayor and confirmed by the council in the manner prescribed in
section 13-4.
(c) Each subsequent reapportionment commission shall consist of nine members. One
member shall be a resident of each council district as established by the previous
reapportionment commission The members shall be appointed by the mayor and
confirmed by the council in the manner prescribed in section 13-4.
(d) The year 1991 and every tenth year thereafter shall be reapportionment years. The
reapportionment commission shall be appointed and confirmed by March 1 of the
reapportionment year and shall file a reapportionment plan with the county clerk by
December 31 of the reapportionment yeaz The reapportionment commission shall be
dissolved after the feline of the reapportionment plan.
(e) The county clerk shall furnish all necessary technical and secretarial services for the
reapportionment commission The council shall appropriate necessary funds to enable
the commission to cam out its duties.
(fl The reapportionment commission shall be Quided by the followin¢ criteria in establishing
the boundaries of the council districts:
(1) No district shall be drawn to unduly favor or penalize a person or political
faction;
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~2) Insofar as possible districts should be contiguous and compact;
(3) District lines shall where possible follow permanent and easily recognizable
features•
(4) Districts shall have approximately equal resident populations as required by
applicable constitutional provisions.
(g) The districts boundaries as established by the reapportionment commission shall be in
effect at the first regulazly scheduled council election followine the filing of the plan and
for anv subsequent council election The district boundaries in effect prior to the filing of
the reapportionment plan shall remain in effect during the duration of the term of all
councilmembers elected or appointed to represent such districts until the expiration of the
full term of such councilmembers including anv election held to fill an unexpired term
under section 3-4."
SECTION 6. Article III of the Hawaii County Charter (2000) is amended by adding a
new chapter to be titled, Office of Police Oversight and Complaints, to read as follows:
"CHAPTER 3
OFFICE OF POLICE OVERSIGHT AND COMPLAINTS
Section 3-3.1. Organization.
There shall be an office of police oversight and complaints consistine of a director and
necessary staff.
Section 3-3 2 Statement of Policy.
It is hereby declared to be the pumose of this chapter to establish in the county a system
of independent civilian oversight of the police department to assure accountability to the roublic
and to enhance the development and maintenance of modern and effective law enforcement
policies governing operations of the police department
Section 3-3 3 Director of the Office of Police Oversight and Complaints.
The council shall appoint the director of the office of police oversight and complaints
whose term of office shall be five years and who shall serve at the pleasure of the council. The
council shall by ordinance prescribe the minimum qualifications for the director. A minimum
qualification shall be that the applicant must hold a law decree from an accredited American
university.
Section 3-3 4 Powers Duties and Functions of the Director of the Office of Police Oversight
and Complaints.
The county council shall by ordinance prescribe the powers duties and functions of the
director of the office of police oversight and complaints. The director of the office of police
oversight and complaints shall be independent of the operational supervision of the mayor
managing director council police commission and the chief of police and shall:
(a) Adopt such rules as the director may consider necessary for the conduct of the
director's business and the regulation of the matters committed to the director's
chazge and may review the rules and regulations of the police department.
fib} Review audit and inquire into the operations of the police department and make
subsequent reports complaints and recommendations to the managing director,
the council and the chief of police.
(c) Promptly review all internal and extemal complaints and charges of misconduct of
swornpolice officers and other police department emplovees.
~d) Monitor the police d~artment's investigations and processing of internal and
external complaints and charges of misconduct of the police department sworn
police officers and other police department emplovees• monitor all investigations
of cor~laints and charges against police officers which alle¢e police shootin¢s,
excessive or unnecessary force and no less than twenty percent of all other
complaints access all evidence and reports developed as part of such
investigations• monitor attend and suggest questions but not participate in any of
the department's investigative interviews related to such complaints and
administrative review board and promotion board proceedings. The director of the
office of police oversight and complaints may be present at and suggest questions
for but not p_u-ticipate in interrogations of accused police officers and the director
shall assure that the officer's Garrity rights are protected.
(e) Make a request in writing to the chief of police for firrther investigation whenever
the director of the office of police oversight and complaints concludes that further
investigation by the police department is warranted. Unless the director receives a
satisfactory written response from the chief of police the director shall make a
written request for further investigation to the managing director. The managing
director shall then decide whether or not the request should be granted.
(f) Make findings and recommendations to the chief of police concerning each
monitored investigation of charges regarding complaints of misconduct of sworn
police officers or other police department emplovees.
(~) Have the power to issue subpoenas compelling the attendance of police and
civilian witnesses other than officers under investieation for misconduct, for any
investigation audit or inquiry consistent with any of the powers, duties, and
functions of the director or for the production of books papers, documents or
tangible things relating_ to such investigations audits or inquiries To
implement the foregoing the form substance and manner of service of subpoenas
shall be prescribed by ordinance.
(h) Hirepersonnel necessary to carry out the functions of the office of police oversight
and complaints and the police commission.
(i) Prepare an annual report and other periodic reports to the managing director,
council police commission and the chief of police regarding complaint trends and
police practices in general including a statistical analysis documenting the number
of complaints by category the number of complaints sustained and the actions
taken It shall also analyze trends and patterns and make recommendations.
~) At least annually evaluate the performance of the police department and the chief,
and submit a report to the mayor managing director council, and chief of police.
(k) Have such other powers duties functions and procedures that do not conflict with
this chapter as may be prescribed by ordinance.
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Section 3-3.5. Interference with Administrative Affairs Prohibited.
Except for pumoses expressly provided by this chapter including inquiry and review
necessary to the foregoing powers duties and functions the director of the office of police
oversight and complaints shall not interfere in any wa~with the dav-to-dav admimstrahve affairs
of the police department.
Section 3-3 6 Requests for Civilian Investi atg_ion.
If the director of the office of police oversight and complaints concludes that the police
d~artment refuses to thoroughly investigate misconduct occurring within the department, the
director with approval of the council may contract with qualified persons or entities outside of
the police department to conduct independent investigations of suspected misconduct of the
police department sworn police officers and other police department employees.
Section 3-3 7. Total Independence.
The director of the office of police oversight and complaints shall at all times be totally
independent and requests for further investigations recommendations and reports shall reflect
the views of the director alone No Berson shall attempt to undermine the independence of the
director in the performance of his powers duties and functions.
Section 3-3 8. Confidentiality.
The director of the office of police oversieht and complaints shall comply with all state
laws requiring the confidentiality of police department records and information as well as the
privacy rights of all individuals involved in the process No report to the council shall contain the
name of any individual police officer.
Section 3-3.9. Administrative Supervision.
The office of police oversieht and complaints shall come under the general administrative
supervision of the council which shall conduct annual reviews. The council shall budget
sufficient funds to assure that the goals and objectives of this chapter can be attained and shall
not interfere with the administration of the office of police oversip~t and complaints and its
director."
SECTION 7. Article VII, chapter 2, of the Hawaii County Charter {2000) relating to the
police department, is hereby amended to read as follows:
"CHAPTER 2
POLICE DEPARTMENT
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 olic .
It is hereby declared to be the puroose of this chapter of the charter to establish in the
county a system of law enforcement which shall be based on due re¢azd 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 count and which shall provide for the expeditious
apprehension of those who violate the law In order that these purposes may be achieved the police
d~artment shall be operated in accordance with the followine:
(a) Standards of recruitment shall be desi>;ned to attract into the service persons with
high deerees of education intelligence and personal stability.
(b) Promotions shall be based upon fair standards of merit and ability which shall
include peacekeepin>i and law enforcement criteria.
(c) Grievance procedures for the people and police officers of the county shall be
based on due re¢ard for their constitutional rights.
Section [~?~J 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.
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[(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 [ a °..ev: t?:c ~~!e.,
(2) Review the annual budget prepazed 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) Receive [, ........'',' =='-' '-~"=='-'-a°'-_] charges brought by the public against the
conduct of the department or any of its members and [ ~~'""'' " ""'"°° '°«"`` "F
' r a• n .^ .,.° nh:°F .,F-Y ,• J forthwith route them to the office of police
oversight and complaints.[" "F'"" """'°°° "°'' "«'' "'"'' '"°"""'''"°
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(5) Advise the mayor mana>?ine director, council, and the chief of police on police-
community relations.
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[(~j](~ [~~~-a~]At least annually evaluate the performance of the police chief and
submit a report to the mayor, managing director, and the council.
[(8~](~ Hire personnel necessary to carry out its functions.
[(9j](~ Except for purposes of inquiry and review necessary to the foreeoing, neither the
commission nor its members shall interfere in any way with the dav-to-dav
administrative affairs of the department.
Section [~.~] 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 ['d-~~:] 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 director of the office of
police oversight and complaints about the activities of the police department and
about actions taken on cases investigated by the [peliee~ex] director of
the office of police oversight and comnlaints.
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(e) Cooperate fully with the director of the office of police oversieht and complaints
and require the full cooperation of all members of the police department, and
shall promptly provide all information books papers documents, records and
other tangible thins requested by the director of the office of police oversieht
and complaints acting within his specified powers duties and functions.
Should the chief of police refuse to honor requests for such information, the
director of the office of police oversight and complaints may subpoena persons
other than officers accused of misconduct books documents, papers and other
tangible things and/or shall provide a request to the managing director who, after
reviewing the books documents papers and tangible things, shall promptly
determine whether or not the chief of police can and should provide the
requested documents records and information. Should either the chief of police
or the director of the office of police oversight and complaints disagree with the
managing director's decision either or both may submit the matter by
initiating appropriate court proceedings.
[(ej] f~ 1 Have such other powers, duties, and functions as may be [wed-lam the-gekee
Earmnissien-er] provided by law including any statute or ordinance.
Section [~~] 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 [~:] 7-2.7. Administrative Supervision.
The police department shall come under the general supervision and control of the mayor,
through the managing director."
SECTION 8. Article XIII, section 13-28, of the Hawaii County Charter (2000),
Compensation; Salary Commission, 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 director of the office of police
oversight and complaints 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 director of
human resources and deputy director of human resources 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, (arid]
appointed directors and deputy directors and the director of the office of police
oversight and complaints so that their total salaries and benefits have a reasonable
relationship to compensation in the public and private sectors. The salary commission
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shall consult with those boards and commissions which have appointing authority for
department heads."
SECTION 9. 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 10. 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 11. 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
2008 general election.
SECTION 12. Following approval by a majority of voters in the 2008 general election,
the charter amendment proposed in this ordinance shall take effect January 1, 2009.
INTRODUCED BY:
COUNCI MBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1St Reading:
Date of 2°d Reading:
Date of 3`d Reading:
Effective Date:
R~~~R~P-:~L: Corrs~. ~~~a
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