HomeMy WebLinkAboutREP PWIRC 068 04/08/2008 2006-2008
REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: April 8, 2008 Re: Comm. No. 1089/Bill 270
PLACE: Council Chambers
Ben Franklin Bldg, 2"d Floor
Hilo, Hawaii 96720
TIME: 1:00 P.M.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication No. 1089, regarding Bill 270, reports as follows:
Bill 270, transmitted by Council member Bob Jacobson via Communication 1089 proposing 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.
The motion to postpone Bill 270 at the March 24, 2008 meeting was unanimously approved and
passed.
Council member Jacobson stated the purpose of this ordinance was to introduce systemic
changes and protect the public interest. He seeks the support of his colleagues on this proposed
bill.
Public testimony was presented on this proposed bill. Concerns and comments from the public
on this proposed legislation include: 1) creating unnecessary bureaucracy, 2) increases in the
County's budget and expenditures, 3) the current citizen complaint process as being fine,
4) Independent Police Auditor is proven to be a good system nationwide, 5) great people serving
on the Police Commission, and 6) improvements needed to the administrative process.
Hawaii County Police Chief Lawrence Mahuna appeared before your committee.
Chief Mahuna provided his opinions on this proposed bill such as: 1) present system is fine, 2)
investigations are conducted in a timely, comprehensive and efficient manner, 3) fairness in
handling each case, 4) doesn't feel it is necessary to increase police oversight, since the intensity
or volume of civilian complaints against the Police Department is not alarming, 5) Council
members should inspect the current operation of the Internal Affairs Department first, 6) he can
not support the authority and power as proposed, 7) the State of Hawaii Organization of Police
Officers (SHOPO) labor union is following this legislation closely on behalf of their members
and their civil rights, 8) scrutiny such as this should also be placed on other departments who
deal with personnel misconduct, and 9) careful review is needed because the implications stated
in this legislation is misguided in its principles and purpose.
PWIRC RPT NO. 68
Page 2 Communication No. 1089 / Bill 270
Discussion and comments among your Committee members such as: 1) enhancing public
confidence in government is beneficial for the Police Department and County Council, 2) legal
ramifications as to the separation of powers between Administration and County Council, 3)
concerns about legislative immunity, and 4) constitutional rights that may be impacted by this
legislation.
At the March 24, 2008 meeting, Corporation Counsel Lincoln Ashida was not available to
comment. Deputy Corporation Counsel Brandon Gonzalez advised that no official opinion have
been given. He recommended that a request for an executive session to discuss the separation of
power and related liability issue as the Office of Police Oversight is funded and serves at the will
of the County, and losing legislative immunity as the Office of Police Oversight takes on
Administrative functions.
Chair Brenda J. Ford added the Executive Session recommended by Corporation Council should
address legitimate concerns by the public, Administration and Council members.
At the April 8, 2008 meeting, after the Executive Session, a brief discussion on "garrity rights"
with Council member Jacobson, Corporation Counsel Lincoln Ashida and SHOPO
Representative John Stewart is on record. Council member Jacobson further added that he
would continue to work with all involved to achieve goals he has set and gain a better
understanding.
Your Committee on Public Works and Intergovernmental Relations is not in accord with the
purpose and intent of Bill 270 forwards it to full Council with a negative recommendation.
dkr
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGA X COMMITTEE ON PUBLIC WORKS AND
HOFFMANN X INTERGOVERNMENTAL RELATIONS
IKEDA X
JACOBSON X
NAEOLE X BRENDA J. F , CHAIR
PILAGO X
YAGONG X PWIRC REPORT NO. 68
YOSHIMOTO X ADOPTED: APR 2 2 ZOOS
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