HomeMy WebLinkAboutBIL 137 Draft 01 1996-1998 _ _
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I3II.,I~ NO. 137
O~I)INA~NC~ NO.
A BILL FOR AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE
HAWAII COUNTY CHARTER (1991 EDITION), AS AMENDED, CREATING A PUBLIC
SAFETY COMMISSION TO HAVE OVERSIGHT RESPONSIBILITIES OF THE POLICE
DEPARTMENT AND THE FIRE DEPARTMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIL•
SECTION 1. Purpose. The purpose of this amendment is to provide for the
reorganization of the County's two public safety agencies-the Police Department and the Fire
Department. With the current County government structure, the Police Department is supervised
by a nine member Police Commission and the Fire Department is under the managing director.
While there is a recognized need to place the Fire Department under a commission to expand
public oversight and accountability, it is acknowledged that creating one more commission will
result in `more' government. Combining responsibilities of two commissions to fanction as one
Public Safety Commission benefits the public from a resource prospective and from the objective
of focusing on the delivery of public safety services. Therefore, the Council finds the
establishment of a Public Safety Commission should enhance public oversight of departmental
operations in an efficient and effective manner.
SECTION 2. Article VII of the Hawaii County Charter (1991 Edition), as amended,
relating to the Executive Branch-Departments or Agencies Under Commissions, is hereby
amended by adding a new chapter to read as follows:
"CHAPTER
~B~,I~;' SUETY CQSSION
S~.teon Pu{blie Safe Co ...;~aassion Tie public
safety
comtx~,~~~.~~:1„~,-cQ. ~ t o
nine members Qne m tuber s X11 be apppinted from each of ,Lhe resxaective na~:e~.~.
districts The members sha' 1 be a~~u~ted by the mayor nand confirmed by the council in thg
manner prescribed in Sectipn 1 ~-4 The public safety comxnissi s a.ll:
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(al Establish an~~lement procedures for the recruitmen , selection and
annointnt of the chief o~police and the fire chief.
A o su rul s it ons'der c for the cond ct of it b and
regulation of matters committed to its charge aid m review the rules a re u~ations fir the
admi~is~x~tion of the police den~rt.~,~,r~t a~ the fire dep~riz~~nt.
~c~ Review the annul budgets ire an
red by the~hi~f off p~licg.and~e fre chief and
make recommendations Xh~Q~lo the r~a,~or.
(dl
Review the operations of tie police and fire departments, as deemed.~.ecessarv
for
the
ouraose of recoz~m~nc ink improvements t~l e c ief of police and t~f.~e chief
(el Evaluate annually tl~~ p~~ormance of the chief of splice and the fire chief
(fj Receive. ,~p~as.~.r..d i v 'ate cha.e~b
~u h~
t
to the public a~~~ t t
co~.t~uc~„of the departr~~t or
anv ~f its ynembers and submit a written report of its findi~ s to t e
ch'e~ f of police or the fire cl~i~£ A su~~rv of the c arses filmed and t it disposition sha~~e
~cludpc~ in the ananual re.~oxt of the coris~ion. There sl~.~ll be budgeted surf icien funds in he
annual budget of the polite ~d fire departments for use b~ the firs commission to fulfi 1 t e
intent o his section.
lg) Advise the chief of nolic~ end the firs chief on publics et -commun~i.~r ati ns
(hl Dire verso del necesy to c~x,.tc.~out its functions. Except for purposes of
ib~auirv,~~~th~r the commission nor its members sh l~ l.i~~prfere in anv
wad ith the
admrt~strative affairs of the den trnt~"
SECTION 3. Article VII, Chapter 2 of the Hawaii County Charter (1991 Edition), as
amended, relating to the Police Department is amended to read as follows:
"CIIAPTEIZ 2
POLICE DEPAI~T1dIENT
Section 7-2.1. Organization. There shall be a police department consisting of a [police
commission,] chief of police, a deputy chief of police, and the necessary staff.
[Section 7-2.2. Police Commission. The police commission shall consist of nine
members. One shall be appointed from each of the respective nine council districts. The
members shall be appointed by the mayor and confirmed by the council in the
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manner prescribed in Section 13-4. The police commission shall:
(a) 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 may review the rules and regulations of
the department.
(b) Review the annual budget prepared by the chief of police and may make
recommendations thereon to the mayor.
(c) Submit an annual report to the mayor and the council.
(d) Receive, consider, and investigate charges brought to 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. A summary of the charges filed and their disposition shall be included in the
annual report of the commission. There shall be budgeted sufficient funds in the annual budget
of the police department for use by the police commission to fulfill the intent of this section.
(e) Advise the chief of police on police-community relations.
(f) Dire personnel necessary to carry out its functions. Except for purposes of
inquiry, neither the commission nor its members shall interfere in any way with the
administrative affairs of the department.]
Se~~iw~ 7-2.2. Statement of ~~r~ Polk}' It is herel~v declared to b~ t1~e~u~4~e of
this~ha t r to a i¢ e co t a s ste of o 'c r t cfo d rev w i h s 11
b d ~n clualif~and professional leadersh~~r~d pe~Q eL In order to ach'ex ve this
purpose.
l.~ae p~lic~.~ep meat sh~:ll b~ conducted in accordance with the fQllowin~.
a St r f r to e d 1 be i d t a i th
~e~artm~,~persons with a high degree of education inte~l'
etg, nce~and perso~.al~~_abli
(b) Promotions Qth~r pet'~onnel actions shall be~ased upQ~fa~r a~~i app.~Qp g
~a~~rds of merit, ability~anc~.work
performance.
(cl Appr4priate,Irai,~q~. shall
be
provided to the maximum extent ~ossi~e arl.~
pr
t.
a~i
ac
ble,
Section 7-2.3. Chief of Police and Deputy. The chief of police shall be appointed by
the [police] pulp is s f.~tvt commission and may be removed by the [police] vublic safety
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
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before the commission. The deputy shall be appointed by the chief of police with the
confirmation of the [police] public s~~ety 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 7-2.4. 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 of 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] public safety commission about the activities
of the police department and about actions taken on cases investigated by the [police] u li
safety commission.
(e) Have such other powers, duties, and functions as may be required by the [police]
public safety commission or provided by law.
Section 7-2.5. 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. Administrative Supervision. The police department shall come under
the general supervision and control of the mayor."
SECTION 4. Article VI, Chapter 4 of the Hawaii County Charter (1991 Edition), as
amended, is repealed in its entirety. by the council and may be removed by the mayor.
SECTION 5. Article VII, of the Hawaii County Charter (1991 Edition), as amended,
relating to the Executive Branch-Departments or Agencies Under Commissions, is hereby
amended by adding a new chapter to read as follows:
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"C. IIA,PTEI2 44
FINE DEPAI2T1V1ENT
Section 7-4.1. Or ni~ation. There shall be a fire department ~or~sist~ig of a fire ch~f~
a
deputy
fire
chief. ante necessary staff.
Section 7-4.2. Stat~.nt of~l[I-~~ Policy It is 1~erebY declared to be the nurP~se of
tl~i~s chanter to establish in t~~ cQu~~ a system
of
fire wrote ti and~revention a~~d~e
x~er.~enry
rescue which~_~1 be ~as~~l Qn dual feed and rp ofession~l leadersh~n~d personnel In Qrder to
ac i v t . zs purpQS~, the f re department sh~~l be conducted in accordance with the fo~~pwars~:
(al Standat'ds~or re~ruilment ~ b designed to attract into the dew e~~nersons
wi ~1 i h degrees of education intelli encea and en
rsonal to ilit .
(b1 Promotions and other pexsgl~,~l actio~S ~~11 be based upon fair and appropriate
standards of merit. ability. and woxl~nerfermanc~~
(~~~~nro~riate trairii.~.~ha:1J be
nrQvided to the ma~irziuextent possil~l~ and
practicable.
Bastion 7-4 3 Fire Chief and Depute The firs chief shall be anointed b~he public
safety
corr~mis..._~i~n an~ma.__y b~r~moved by the ,public safety comzx?~ssign al its sole d~,scretion
~1n oti for rem vat o e chief must opt ' a stat m nt f reaso a e
corn~m~~s~,~ll not vote to remove the fire chief u,~l~e s the fie c ief his been given an
p o . it to es and to tie s ate e o re s ns at a satin befor th.~commission. The
de ut s all be appointed by the fire chief with the confirmation of the public safety corr~ission
and may be removed by the fire chief with the ap.~roval of the comm.;ssl4rar without the cause
sin s~
t, ated Thy f re chief shall have ad a minims of five ~ear'~of gza~i~g~and expezience in
a ire de~~rtxia~~ta including at leases ee years of which shall hav~been in a res~on
ad.~ninistrative capacity.
Sestig~ 7-4R4 Powers, Duties seed Functions of the Fire Cl~~ef. Th~fir~ Ghi~f shall be
t~.~ _~d~m'~istrativ~ head Qf~,he Fire
Department and shall:
(al Be charged with the prevention of fires aid the rp otection of 1'fi
e a~~i
property
from firgs,~atural disasters and other emergencies
Perform such rescue work as ~r~~y from titrie to time be necess~
Train~uip maint.~in,~~d supervise a firce of fire-fighting and r~s~u~ ners~nnei.
5
~d~ Examine and monilpr the construction and occupancy standards Qf buildings for
t o e of r ve u su t t c ion 1 2- Haw ii Revised statutes.
fie) P~pvide and rnai~taln a fire prevention
p~o~ram including the irts~pection of
potential fire hazards~,the abatement of existing fire hazards, and tl~e ~o~d~ct of educational
pxo~t'~ rebate to fire nrevenliom.
~.f) P~pper~y m~~:ntain and account for all promo erty and ~cfui...~m,p~,t used by the
department.
(~l Cooperate fully with all other eovernmental ag_en~ies and the fire commjs~ion in
and matters related to its mission.
(h) Grant. withhold suspend or revoke ~prtificates of fitness related portable fire
extinguishers.
(i~ Make periodic reports to the public safety cpmmission about the activities of the
fire depa~trnent aid
about actions taken on gases investigated bX th~ublic sa~~t:y commis.~ion.
(i
1 Have such other powers. duties, and ft~,p~s
ass zna.~ be req~u~ ed t ubli
safety
corrar~ission~ provided by law; or ~aecpssarX to perform its mission.,
S~ctio~ 7-4.5. D~.issal Sus~sension, De~no$ie$l~l, or Grievance The dismissal
sus ensio tin r i v ce f a r art e t er el s 11 der r e ure
set forth by civil service laws rpguJatipr~s.
Section 7-4.6. Ada~anistrafive S~ervision. Thy fire department shall ~~me under the
ego neral supervi~lpn and ~cmtrol oft e~vor•„
SECTION 6. Transitional Provisions. In order that the business of the County may
continue without major hiatus, the following transitional provisions are hereby authorized and
made:
A. The term of the chief of police, deputy chief of police, fire chief, and deputy fire
chief serving on December 31, 1998, shall end on that date. Notwithstanding the ending of the
term, the chief of police, deputy chief of police, fire chief and deputy fire chief, serving on
December 31, 1998 shall remain in office on an interim basis from January 1, 1999.
B. The interim chief of police, deputy chief of police, fire chief and deputy fire chief
shall serve until an appointment to the position is made by the Public Safety Commission
pursuant to Section 13-4 of the Hawaii County Charter.
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C. If an interim chief of police, deputy chief of police, fire chief, or deputy fire chief
vacates or is removed from office by the mayor before an appointment to the position is made by
the Public Safety Commission, the mayor may appoint another on an interim basis with
confirmation of the council.
SECTION 7. Material to be repealed is bracketed. New material is underscored. In
printing this ordinance, the brackets, bracketed material and underscoring need not be included.
SECTION 8. If any portion of this ordinance, or the application thereof to any person or
circumstance, is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the provision of the application, and to this end,
the provisions of this ordinance are declared to be severable.
SECTION 9. 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 10. Upon approval of the Charter amendments proposed in this ordinance by
a majority of voters voting thereon, as duly certified, the Charter amendments shall take effect on
January 1, 1999.
INTRODUCED BY:
COUNCILMEMBER, COUNTY OF HAWAII
lkc
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
EZEFI~~hiClu= ~~•a~#,. 479
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