HomeMy WebLinkAboutCOM 0369.009 2018-2020 SUBMITTED BY: MATT KANEALI'I-KLEINFELDER P/FC COMM. 369.6
J�tr or ttiPb r
<O 'G sF
na a
•s! pk POLICE DEPARTMENT 1 ,M % #�
W
'ATF
OF N,Jj
.5
COUNTY OF MAUI ssroru
MICHAEL P.VICTORINO ��9 SEP _5 4�VOO LI AOAUME
MAYOR 55 MAHALANI STREET
WAILUKU,HAWAII 96793
OUR REFERENCE (808)244-6400 DEAN M.RICKARD
YOUR REFERENCE FAX(808)244-6411 DEPUTY CHIEF OF POLICE
September 3, 2019 `
Ms. Michele M. Yoshimura
Budget Director, County of Maui
200 South High Street
Wailuku, HI 96793
Honorable Michael P. Victorino APPROVED FOR TRANSMITTAL CD
Mayor, County of Maui t
200 South High Street
Wailuku, HI 96793 L
Mayor Date --m
For Transmittal to:
Honorable Keani Rawlins-Fernandez
Chair, Economic Development&Budget Committee
Maui County Council
200 South High Street
Wailuku, Hawaii 96793
SUBJECT: MAUI COUNTY LAW ENFORCEMENT OFFICERS SENT TO
MAUNA A WAKEA(EDB-24(13))
Dear Chair Rawlins-Fernandez:
Thank you for the opportunity to respond to your questions in response to the
Economic Development&Budget Committee letter, dated August 8,2019. As requested,we
are providing the following responses to your request in relation to:
1. Please provide a copy of the Memorandum of Understanding between the County of
Maui and County of Hawaii police departments referenced during the meeting.
The requested MOU is attached.
2. Identify all costs absorbed by the County of Maui for officers' deployment to Mauna a
Wakea that are not covered by the County of Hawaii, such as backfill of positions covering
the deployment of patrol officers from Wailuku and Kihei and health-benefit costs for
deployed officers.
Comm. N
Ref. To:
Ref.Date R—TO-1 2Q19
i
i
r
i
I
i
i
Honorable Rawlj'ns-Fernandez
September 3, 201-9, Er;B-24.(13)
i
Page 2 I
;i
The cost absorbed by the Maui Police Department, County of Maui,that was not covered by
reimbursement is $26,098.53, which includes overtime, temporary assignments, and contractual
benefits.
Thank you for your attention to this matter. Should you have any questions,please feel free to
contact me.
I
I
Sincerely, j
Tivoli S. Faaumu
Chief of Police
Attachment
Inter-Departmental Assignment Agreement
i
a
;a
INTER-DEPARTMENTAL ASSIGNMENT AGREEMENT
THIS AGREEMENT made this 1(o day of July, 2019, by and between the Hawaii
County Police Department(hereinafter"HCPD"or*'Receiving Agency")and the Maui Police
Department(hereinafterMPDor 'Sending Agency")regarding an inter-departmental
assignment of MPD officers named in Attachment A(hereinafter collectively referred to as
"MPD personnel"):
WITNESSETHTHAT:
WHEREAS, Hawaii Revised Statutes Section 78-27 provides that with the approval of
the respective employer, a governmental unit of the State of Hawaii may participate in any
program of temporary inter-or intra-departmental assignments or exchanges of employees as a
sending or receiving agency;
WHEREAS, HCPD desires the services of MPD personnel and MPD has agreed to the
temporary assignment of MPD personnel and to support and manage police operations in
conjunction with the Thirty Meter Telescope Project("IMT Project")and any other assignment
as deemed necessary by the I lCPD Chief of Police or his designee with the approval of MPD;
and
WHEREAS, this employment is a temporary inter-departmental assignment and this
employment is made under the provisions of Hawaii Revised.Statutes 78-27 (a-d).
NOW,THEREFORE,HCPD and MPD mutually agree as follows:
I. HCPD and MPD agree that MPD personnel shall be on temporary inter-
departmental assignment to HCPD effective July 16, 2019, to support and manage police
operations in conjunction with the TMT Project and any other assignment as deemed necessary
by the HCPD Chief of Police or his designee with the approval of MPD.
2. This agreement will be for the period of July 16, 2019,until the end of police
operations for this project as deemed necessary by the HCPD or until termination of this
agreement by the MPD in accordance with this agreement.
;. It is the understanding of the parties that the State Attorney General°s Office has
agreed to pay for and/or reimburse the Sending Agency for the costs,any portion of the costs.
overtime, benefits,and travel and transportation expenses on behalf of the Receiving Agency.
However, HCPD shall ultimately be responsible for said costs and expenses should the State
Attorney General's Office fail to pay for and/or reimburse the Sending Agency for any
expenditures related to the TMT Project and any other assignment as deemed necessary by the
HCPD Chief of Police or his designee with the approval of MPD. Such expenses may be paid
for or reimbursed to the MPD.
4. The MPD personnel are to carry out and observe all lawful instructions and orders
issued by the appointing authority or designee relative to employment.
S. The MPD personnel shall perform all of the work under the supervision of an
immediate supervisor in the Sending Agency or any other person in the Receiving Agency who
has the authority to supervise the activities.
6. During the time period of this agreement,the MPD personnel shall be acting
under the authority of the HCPD Chief of Police to support and manage police operations in
conjunction with the TMT Project and any other assignment as deemed necessary by the HCPD
Chief of Police or his designee with the approval of MPD. (See Attachment B)
7. This agreement may be terminated by either party provided that written notice of
such termination be sent within ten(10)days before such termination. The MPD reserves the
right to terminate this agreement immediately without written notification after the Chief of
Police of MPD has verbally communicated said intent to the Chief of Police of HCPD.
8. This agreement may be amended at any time by the mutual agreement of HCPD
and MPD.
9. This employment will be subject to all laws,ordinances,and rules and regulations
having the effect of law governing employment of public employees;and
10. Any and all collective bargaining agreements pertinent to MPD personnel's
regular position with the MPD shall apply, including but not limited to salary.
11. Nothing in this agreement is intended to conflict with current law, regulation.
policy,procedure,or directive of HCPD or MPD. If a term of this agreement is inconsistent with
such authority,that term shall be invalid, but the remaining terms and conditions of this
agreement shall remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have caused their hands to be set on this
Inter•Departmental Assignment Agreement as of the date and year first written above.
COUNTY OF M
By
T OI.I S. FAAUMU
Chief of Police
Maui Police Department
CO OF H W II
PAUL FERREIRA
Chief of Police
Hawaii County Police Department
Approved as to legality and form:
Deputy Corporation Counsel
County of Maui
DELEGATION OF POLICE AUTHORITY
Under the authority of the Chief of pollee, of Hawaii County Police Department, the following
officers of the Honolulu pollee Department (please see attached list), are granted full police officer
power, privilege and authority, under HRS 520.5. The purpose of this delegation of authority, while
asslgned to Hawari county will be to support and manage polka operations In conjunction with the
Thirty Meter Telescope project and any other assignment as deemed necessary by the Hawari County
Police Chief or his designee.This delegation of Pollce authority shall be effective from July 16,2019 until
the end of police operations for this project as deemed necessary by the Hawari County Chief of Police.
PAUL FERREIRA,Chief of Poke
Hawari County Police Department
July,16,2019
ATTACHbIBNT B