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2004-01-AU Hawai‘i County Police Department Vehicles
REPORT ON HAWAII COUNTY POLICE DEPARTMENT VEHICLES LEGISLATIVE AUDITOR'S OFFICE HAWAII COUNTY COUNCIL FEBRUARY, 2004 CONTENTS INTRODUCTION......................................................................... ............................... 1 SUMMARY FINDINGS AND RECOMMENDATIONS ................... ............................... 3 SECTION 1: KEY PROVISIONS AND BUDGETARY OVERVIEW OF THE HAWAII COUNTY POLICE DEPARTMENT SUBSIDIZED VEHICLE PROGRAM A. Key Provisions of the HCPD Subsidized Vehicle Program ...... ............................... 6 B. Current Vehicle Allowance Costs ...................................... ............................... 8 C. Insurance Costs ........................................................ ............................... 8 D. Five -Year Budget Summary ............................................ ............................... 9 SECTION 2: AUDITOR'S OFFICE INQUIRY TO CORPORATION COUNSEL RE: SHOPO CONTRACT A. Auditor's Office Inquiry Re: SHOPO Contract ................... ............................... 10 B. Corporation Counsel Guidance dated August 26, 2003 ........... ............................... 11 SECTION 3: REVIEW OF HAWAII COUNTY'S PAST STUDIES ON SUBSIDIZED SECTION 4: POLICE VISIBILITY AND MARKED POLICE PATROL FLEETS —A REVIEW A. An Examination of the Effectiveness of Traditional Police Patrol .............................. 38 1. National Institute of Justice Findings .......................... ............................... 39 2. The Kansas City Preventive Patrol Experiment ............... ............................... 40 i vs. FLEET SYSTEMS A. Police Cars in Hawaii and Guam ....................................... ............................... 13 B. "A Study of the Automobile Allowance System of the Hawaii County Police Department," 1972 ...................................................... ............................... 14 C. Hawaii County Police Department "Pilot Police Fleet Study," 1978 ............................ 18 D. Peat, Marwick, Mitchell & Co. Review of the Puna Fleet Study, 1979 ............................ 21 E. "Police Automobile Fleet Study for the Hawaii Police Department," 1994 .................... 22 1. Maui Police Department Fleet Program Findings .............. ............................... 22 F. Maui Police Department "Subsidized Automobile Study," 2002 .. ............................... 28 G. "The Price of Visibility," West Hawaii Crime Stoppers, Inc., 2003 ............................... 29 H. Hawaii Police Department Fleet vs. Subsidized Vehicle Report, 2003 .......................... 30 I. Hawaii Police Department Fleet vs. Subsidized Vehicle Report II, 2003 ....................... 32 J. Summary ................................................................. ............................... 35 SECTION 4: POLICE VISIBILITY AND MARKED POLICE PATROL FLEETS —A REVIEW A. An Examination of the Effectiveness of Traditional Police Patrol .............................. 38 1. National Institute of Justice Findings .......................... ............................... 39 2. The Kansas City Preventive Patrol Experiment ............... ............................... 40 i CONTENTS B. Snapshot: Crime Statistics in Hawai`i ................................. ............................... 42 C. The Merits of Take -Home Cars and "Assigned Vehicle Programs" .............................. 46 D. The Importance of Transparency in Police Work .................. ............................... 48 E. Police Visibility and Traffic Enforcement ............................. ............................... 50 F. Proposed Guidelines for Police Patrol Car Markings .............. ............................... 51 G. State Statutes Relating to Inscription of Government Motor Vehicles ........................... 54 1. Auditor's Office Inquiry Re: HRS Statutes .................... ............................... 54 2. Corporation Counsel Guidance dated January 29, 2004 ........ ............................... 55 H. Summary ................................................................. ............................... 57 SECTION 5: POLICE VEHICLES — PRACTICES, SPECIFICATIONS, TRENDS AND PURCHASING GUIDELINES A. No Accreditation Standard for Police Cars Used by State or Local Police Departments ...... 59 B. U.S. Department of Justice National Survey Data re: Police Vehicles and Related "In- Field" Equipment ................................................... ............................... 60 1. Take - Home /Personal Use of Police Cars ...................... ............................... 61 2. In -Field Technology .............................................. ............................... 61 3. Computers and Information Systems ............................ ............................... 63 4. Computers in the Field ............................................ ............................... 64 C. A Review of Police Package Car Design and Technology Trends ............................... 65 1. The Problem of Equipment- Crowded Vehicles ............... ............................... 65 2. Advances in Vehicle - Mounted Mobile Data Terminals ....... ............................... 67 3. The Future of Car Batteries ...................................... ............................... 68 4. Meeting the Challenge of "In- Field" Technology .............. ............................... 68 (1) Funding Equipment Costs ................................... ............................... 68 (2) Officer Training ............................................... ............................... 69 (3) Microwave Infrastructure .................................... ............................... 72 D. Summary Results of the "2004" Model Year Police Vehicle Evaluation," Michigan State Police and National Law Enforcement Corrections Technology Center .................. 77 1. Summary: NLECTC Bulletin, January, 2004 ................... ............................... 79 (1) What's New for 2004 ........................................ ............................... 80 (2) Vehicle Dynamics Testing .................................. ............................... 81 (3) Acceleration and Top Speed Testing ....................... ............................... 82 (4) Braking Testing ............................................... ............................... 83 (5) Ergonomics and Communications ........................ ............................... 83 (6) Fuel Economy ................................................ ............................... 85 E. Considerations & Options for Police Vehicle Purchasing, Leasing and Fleet Management .... 85 F. Summary ................................................................. ............................... 89 11 APPENDICES A. SH OPO Agreement, Article 18 ( "Subsidized Automobiles`) . ............................... 92 B. H awai'i County Police Department General Orders Relating to Subsidized Vehicles 1. General Order No. 802 "Police Vehicles and Equipment` ............................... 95 2. General Order No. 803 "Gasoline, Oil & Mileage Record` ............................... 97 3. General Order No. 808 "Transporting Persons in Patrol Cars` ......................... 100 4. General Order No. 809 "UseofTemporaryVehidesfor Official PoliceDutyf ........101 5. General Order No. 814 " Police Subsidized Vehicle Extension Request Procedures` ... 102 C. H RS Sections Relating to Government Motor Vehicles 1. Section 105-1 Government motor vehicles; certain uses prohibited ........................ 104 2. Section 105 -2(3) Exceptions ..................................... ............................... 104 3. Section 105-71 nscription on county motor vehicles .......... ............................... 104 4. Section 105-8 Character of inscription .......................... ............................... 104 5. Section 291 -31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicydes, mopeds ................................ ............................... 105 6. Section 710 -1027 Resisting an order to stop a motor vehicle ............................... 105 D. Auditor's Office Inquiry to Corporation Counsel re: SHOPO Contract 1. Memorandum dated July 15, 2003 from Legislative Auditor Connie Kiriu to Corporation Counsel Lincoln Ashida requesting an Opinion re: Article 18 ('Subsidized Vehides` ) of the SHOPO contract .............. ............................... 107 2. Copy of July, 13, 2003 Weq Ha di Todayatide titled "SHOPO Offidai: Unlikely policewill switch to fleet` ...................................... ............................... 109 3. Memorandum (WRK No. 03 -5909) dated August 26, 2003 from Deputy Corporation Counsel Patricia K. O -Tooleto Legislative Auditor Connie Kiriu re: Article 18 ('Subsidized Vehides` ) of theSHOPO Contract; and ....................... 110 4. Memorandum dated September 8, 2003 from Legislative Auditor Connie Kiriu to Mayor Harry Kim, Chief LaATence Mahuna and Council Members transmitting Corporation Counsel Opinion / WRK No. 03 -5909 ............ ............................... 114 E. BIBLIOGRAPHY REPORT ON HAWAII COUNTY POLICE DEPARTMENT VEHICLES :4 ,TF OF NF'N LEGISLATIVE AUDITOR -SOFFICE HAWAII COUNTYCOUNCIL February, 2004 Introduction Since its inception in 1943, the H awai ` i County Police Department (H CPD) has utilized a subsidized reimbursement program for the use of pri vale vehi cl es by its officers. Reports on file in the Legislative Auditor's Office indicate that the feasibility of continuing H CPD' s subsidized vehicle program vs. purchasi ng marked " bl ue & whi td' pol i ce cars has been eval uated by H CPD i n 1972, 1978, 1994 and 2003. Recentl y, a study ti tl ed " The Pri ce of V i si bi I i ty" prepared by West H awai ` i Cri me Stoppers, I nc. proposed that a phased two-year purchase of 351 police fleet vehicles would generate savings of $225,399 annual I y. The study further surmi sed that conversi on to a f I eet of marked pol i ce cars woul d i ncrease pol i ce vi si bi I i ty i n the communi ty and thereby deter cri me, as wel I as enabl a more effecti ve uti I i zati on of manpower and installation of the latest technological equipment in police cars. The report was submitted by A I an J. Pratt, presi dent of West H awai ` i Cri me Stoppers, I nc. and i mmedi ate past presi dent of Cri me Stoppers I nternati onal . M r. Pratt presented hi s study for consi derati on by the County Counci I at i is publ i c heari ng on the proposed FY 2003 -04 budget on M arch 19, 2003 i n Kona. Pursuant to the Counci I's di scussi on of the West H awai ` i Cri me Stoppers study, South Kona Counci I Member Joe Reynolds and former Council Member Bobby Jean Lei thead -Todd asked the Legislative Auditor's Office to review available literature and findings relating to H CPD' s subsidy program vs. a county -owned and mai ntai ned pol i ce fl eet. This report prepared by the Legislative Auditor's Office summarizes past report findings and seeks to shed I i ght on key i ssues and consi derati ons for pol i cy -maki ng rel ati ng to county pol i ce cars. Consi derabl e i nvesti gati on of nati onal practi ces and trends was undertaken to provi de obj ecti ve gui dance and i nsi ght. A s the Counci I gave no speci f c i nstructi ons by resol uti on to the Legi sl ati ve A udi for regardi ng the scope or f i ndi ngs of thi s i nqui ry pursuant to the Counci I's protocol for speci al studi es, the A udi tor' s Off i ce proceeded to organi ze i is fact -fi ndi ng i n f ve subj ect areas, as fol I ows: Section 1: Key Pr ovi si on s A n d Budgetary Overview of the Hawai` i County Police Department Subsidized Vehicle Program Section 2: Auditor's Office I nquiry to Corporation Counsel re. SHOPO Contract Section 3: Review of Hawaii County'sPast Studies on Subsidized vs. Fleet Systems Section 4: Police Visibility and Marked Police Patrol Fleets —A Review Section 5: PoliceVehicles— Practices, Specifications, Trends and Purchasing Guidelines For reference, a bi nder contai ni ng key documents and arti d es I i sted i n the bi bl i ography appended to thi s report i s mai ntai ned i n the Legi sl ati ve A udi tor' s Off ce for rev ew. Whi I e thi s study presents some forthri ght recommendati ons, i t i s not i ntended to be " the I ast word" on the i ssue of subsi di zed vs. County -owned or I eased pol i ce cars. Rather, i t attempts to ask perti nent questi ons, gather information and objective empirical data, and invite an open - minded dialogue on the policy of subsi di zed vs. county -owned police cars. Pol i cy respecti ve to pol i ce cars may be dri ven by budget consi derati ons (and percei ved savi ngs) or by obj ecti ves—i . e., what i s the best pol i ce vehi d e for j ob performance and enhanced publ i c safety. Thi s report recommends that a thoughtful combi nati on of performance -based I aw enforcement obj ecti ves and astute budget analysis should guide decision - making regarding vehicles used by the H awai ` i County Pol i ce Department. 2 Summary Findings and Recommendations A. Extent of Policy Direction and Union Contract Several I egal concerns rel ated to the SH OPO contract emerged duri ng the course of prepari ng thi s study A memorandum dated July 15, 2003 from Legislative Auditor Connie Ki ri u to Corporation Counsel Lincoln A shi da posed questions relating to A rti d e 18 (" Subsi di zed A utomobi I es") of the State of H aNai ` i Organization of Police Officers (SH OPO) contract and the pol i cy- making authority of the County Council as i t rel ates to county pol i ce vehi cl es. The responses to these queries from Deputy Corporati on Counsel Pat O'Toole (Corp. Counsel Wrk. No. 03 -5909) dated A ugust 26, 2003 provi de gui dance for conversi on to a county -owned pol i ce f I eet, shout d such action be initiated by the Police Department in the future. Key findings in the Corporation Counsel opi ni on i ncl ude the fol I owi ng: (1) The County may change i is pol i ci es respecti ve to subsi di zed automobi I es duri ng the I i f of the SH OPO contract, upon consul ti ng the U ni on; (2) The County i s not obl i gated to pay for the cost of subsi di zed pri vale vehi cl es i f i t converts to a county -owned fl eet system; (3) Provisions in the present SH OPO contract (Section M) specific to Maui and Kauai do not apply to the H aNai ` i County Police Department. For Maui and Kauai, these provisions in the SH OPO contract requi re that, upon termi nati on of a pol i cy requi ri ng off i cers to use pri vate automobi I es for off ci al duty, any subsi di zed vehi d e i n sati sfactory operati ng condi ti on must be retai ned as a subsi di zed vehi d e unti I sai d vehi d e has aged si x years from the date of sal e. Prudentl y, the Corporati on Counsel notes that " shoul d the pol i cy on subsi di zed vehi cl es change, we expect that SH OPO, the empl oyer [County of H awai ` i ] , woul d meet to negoti ate i tems rel ati ng to the effects of change i n pol i cy si nce they woul d I i kel y fal I under the category of 'terms and conditions' which must be recognized. A similar provision [like M aui and Kauai ] mi ght resul t." Whi I e the outcome of any f uture negoti ati on i s unknown, shoul d the negoti ati on repl i cate the provi si ons of fl eet conversi on for M aui and Kauai, the County of H aNai ` i (and i is ta(payers) coul d end up payi ng the cost of new pol i ce package f I eet vehi d es pl us conti nui ng al I owances for subsi di zed cars for, i n some cases, up to si x years. (4) Re. County Council policy - making authority over the matter of police cars, Corporation Counsel notes that "to the extent that the subsidy for a police vehicle is a cost item, the Council has the authority under the I acv to reject it if desired." However, the Council is advised to take note of the H awai ` i Supreme Court decision i n the case of City Cound I of the City and County of Honolulu v. Fasi 52 Haw. 3 (1970). In that case, the HaNai`i Supreme Court sai d that 'pol i cy' ref ers to deci si ons of broad and general appl i cabi I i ty and not an ad hoc command to take speci f c acti on. Copi es of the A udi tor' s Off i ce i nqui ry wi th attachments and Corporati on Counsel response referenced above are appended to thi s report [A ppendix D] . B. Recommended Standard Markings of County Police Cars We find that some of the most compel ling trends in police work – community policing, the principle of transparency, the emergence of high -tech "smart cars3 – all point in the direction of community partnering, conspicuous professional ism, and service to the public. In the years ahead, this standard should prevail for the H awai ` i County Police Department. The standardi zed pol i ce patrol car marki ngs proposed by Law and Order magazi ne and presented i n Secti on 3 of this report provide guidance i n this area. N of al I county pol i ce cars need to be marked cars. A nati onwi de U. S. Department of Justi ce survey ci ted in this report indicates that for jurisdictions comparable to H awai ` i County (populations of 100,000- 249,999 resi dents), 42% of pol i ce cars are unmarked. Typi cal I y, many cars used by pol i ce admi ni strati ve personnel and detecti ves are unmarked; a quota of " undercover' cars i s commonpl ace i n pol i ce work. M any pol i ce departments al I ow a take -home pol i cy, i nd udi ng personal use of marked patrol cars, by thei r officers. Accordingly, we have not seen a legitimate reason why county-subsidized cars should not be pai nted a standard col or and promi nentl y marked wi th the H CPD shi d d to enhance thei r vi si bi I i ty and prof essi onal appearance, wi thout otherwi se al teri ng the department's eci sti ng personal use pol i c es. Short of any parti al or comp) ete conversi on to county -owned pol i ce package vehi d es, the i ssue of " pol i ce vi si bi I i ty" i n H awai ` i County can be resol ved, i n I age part, by admi ni strati ve di recti ve and the wi I I to do so. Whi I e i nscri pti on of pri vatel y owned vehi cl es may not be requi red pursuant to §105-7 and §105-8, H RS (per Corporati on Counsel opi ni on), such i nscri pti on may be i nstituted by a general order di restive from the Pol i ce Chi ef, i n I i ne wi th many other regul atory sped f cati ons i mposed on subsi di zed vehi cl es i n County police service. We urge the H awai ` i County Pot i ce Department to reconsi der i is posture toward unmarked pol i ce cars. For a I aw enforcement agency whose hi stori c mi ssi on i s to " serve and protect," i t i s i I I -advi sed to persi st i n defendi ng a pol i cy of unmarked cars i n an era when publ i c safety and assurance are ever more I i nked to conspi cuous i denti f i cati on of essenti al, f i rst responder publ i c safety provi ders. I n thi s matter, an ethi c of forthri ght publ i c servi ce shoul d prevai 1. C. Recommended Revisions of the Automobile Allowance Subsidy I f conti nued, the subsi dy program shout d be rev sed to ref I ect: (1) greater accountabi I i ty of documented rei mbursabl a costs for the use of personal cars for off ci al pot i ce duty; (2) a formul a del i neati ng the percentage of offi c al use costs from off -duty personal use costs; and (3) an adj ustment of the gasol i ne i ssuance rati o of 1 gaol I on per 10 off i ci al duty mi I es to a rati o i n conformance wi th the actual mi I es per gal I on (mpg) performance of subsi di zed cars. D. Strategic Conversion to Police Package Vehicles We bet i eve that any maj or conversi on to a county -owned or I eased f I eet of Detroi t manufactured " pol i ce package' cars and " speci al ty servi od' vehi d es shout d occur onl y after – (1) The Pot i ce Department undertakes a methodical assessment of its patrolling needs—i.e., how woul d pot i ce package cars enhance patrol performance and off i cer capabi I i ti es i n each of the ei ght pot i ce di stri cts? What strategi c publ i c safety obj ecti ves woul d be accompl i shed? What are the needs for 4 -wheel drive and other specialty vehi des? How many are needed? How many cars shout d have a backseat " cage" for detai nee transport? I deal I y, what mix of standard and sped al ty equi pment should be stored in the trunk; how many cubic feet of trunk space are required? What i n -car communi cati ons equi pment i s needed? The A udi tor' s Off i ce makes no assumpti on that " one si ze f is al I" wi th respect to the makelmodel , add -ons, or assi gned use of pol i ce vehi cl es. The Pot i ce Department i s best equi pped to make these determinations. It is entirely possible that some combination of marked f I eet vehicles and subsidized private cars may yield the best mix for the sake of public safety performance and economy i n vehi d e operati ons. (2) The Police Department undertakes an exploratory (and networking) training in police fleet purchasing and management. The upcoming August 2004 National Association of Fleet Managers1auv Enforcement Group conference in Las Vegas should be attended by the police chi of or a moti vated desi gnate, accompani ed by an experi enced purchasi ng agent from the Fi nance Department. Pol i ce Departments that excel i n fl eet management devel op ski I I sets —i n mai ntenance schedul i ng; i n I i felcost and depreci ati on anal ysi s, i n f ud economi es; i n I oss preventi on/dri ver educati on efforts to reduce I osses/d ai ms due to off cer acci dents; i n keenl y attuned moni tori ng of technol ogy trends and upgrade opportunities. These skills are not mastered quickly; there is trial-and-error and a I earni ng curve. The chat I enge begi ns when the task i s accepted. (3) A thorough ecami nati on of purchasi ng and/or I easi ng strategi es whi ch precedes any acti on to convert to a County -owned and operated pol i ce fl eet. Such exami nati on shoul d al so i nd ude exploring the possibilities of "piggy -back" purchasing in consultation with other counties. The sped f i cati ons of pol i ce cars purchased by the Ci ty & County of H onol ul u, M aui or Kauai may meet the needs of H aNai ` i County. Such a purchasi ng strategy i s empl oyed i n many states and has been shown to yi d d savi ngs. (4) H aNai i County upgrades i is mi crowave system to accommodate today's " smart" pol i ce package cars. Police car technology trends point to a vital synergy between police voi celdata radio systems, computers such as mobi I e data termi nal s, and the " backbone i nfrastructurd' provi ded by i nteroperabl a 800 MHz wireless communications systems. The 800 Megahertz upgrade deemed essenti al for county publ i c safety agenci es presents a daunti ng $24 mi I I i on Cl P fundi ng chal I enge. I t al so al I ows ti me for thoughtful , straeeg c pl anni ng for the depl oyment of the pol i ce cars of the future. 5 SECTION 1 KEY PROVI SI ONSAND BUDGETARY OVERVIEW OF THE HAWAI `l COUNTY POLICE DEPARTMENT SUBSIDIZED VEHICLE PROGRAM This section presents: A. Key provisions of the HCPD subsidized vehicle program B. Current vehicle allowance costs C. Insurance costs D. Five -year budget summary A. Key provisions of the HCPD subsidized vehicle program A I I sworn H awai ` i County Pol i ce Department off i cers parti ci pate i n the subsi di zed vehi d e program wi th the excepti on of recrui ts, off cers on I i ght duty status, and motorcyd a patrol off i cers. The program provides a monthly cash al I owance set by a negotiated SH OPO contract with the four counti es, as wet I as I i abi I i ty i nsurance and a gas mi I eage rei mbursement rate al so set by uni on barged ni ng agreement. The current SH OPO bargaining agreement stipulates that any changes to the subsidized vehi d e program "wi I I not be made wi thout pri or consul tali on wi th the U ni on." Key provi si ons of the Police Department' s subsi di zed automobile program include the fol lowing: Monthly A I I owance. Police officers who regularly use their private cars for official duty receive a monthly allowance. The allowance for "Group I" officers consisting of Patrol (Sergeants, PO), Traffic Task Force and Uniformed Lieutenants is $488 per month. The allowance for "Group I I" officers consisting of the Criminal Investigation Division, Criminal Intelligence Unit, Community Relations, Vice Division, Juvenile Aid Bureau, Records and Traffic Division is $450 per month. Off i cers may conti nue to recei ve al I owances duri ng authori zed I eaves of absence wi th pay, i ncl udi ng i ndustri al i nj ury I eaves, not exceedi ng a conti nuous peri od of si x months. A I I owances are cancel I Ed when an off cer i s under suspensi on, on si ck or i nj ury I eave i n excess of si x months, and duri ng ad I I eaves of absence without pay. I nsu r ance: Off i cers granted a vehi d e al I owance are enti tl Ed to no-faul t, publ i c I i abi I i ty and property damage insurance provided by the County. Comprehensive and col I i si on insurance are the responsi- bility of the employee. Repairs for damages to a subsidized vehicle are reimbursed under ci rcumstances whi ch i ndi cafe that the damage occurred " on duty" or whi I e performi ng an off ci al pol i ce f uncti on and (1) was the mal i ci ous or negl i gent act of a thi rd party, or (2) was not the resul t of gross negl i gence on the part of the off cer. Exempti on from the vehi cl a wei ght tax may be granted to off cers upon appl i cati on and approval of the Pol i ce Chi ef. • Gas/Oi 1: Gasol i ne for subsi di zed pol i ce vehi cl es i s i ssued/drawn at the rate of 10 off ci al duty mi I es per gaol I on. Oi I i s drawn f rom pot i ce headquarters and/or county pool s for each 500 mi I es of off i ci al duty travel . Officers receiving an auto al 1 owance must maintain a Deily Auto Record logging gas/oil drawn and dai I y duty tour odometer readings. • Time Limit: Officers required to provide a subsi di zed vehicle may use the automobi 1 e f or up to eight years from the date of purchase, provi ded that the automobi I e meets the approved standards of the Pot i ce Department. Such automobile may further be used for an additional two years upon application of the employee and approval by the Department. Departmental deci si ons on such addi ti onal extensi ons are not subj ect to the gri evance procedure. X Private Use: During off -duty hours, officers and their family members may drive a subsidized vehi d e for personal use. Window Tint: Subsidized vehicles may have tinted windows that meet all applicable State and Federal standards regarding window tint. Any disagreement regarding compliance with such standards is resolved by conducting a tint test at an authorized State safety inspection station; the resul is of the test are bi ndi ng on al I parti es. Vehicle Specifications: The specifications for subsidized vehicles are set forth in HCPD General Order No. 802, "Police Vehicles and Equipment." Automobiles to be used in police service are subject to the approval of the Assistant Chief of the officer's respective bureau. Such vehicles include a variety of four -door and two-door sedans, SU V s and station wagons. All vehicles must accommodate four adult males comfortably. Trucks and vans, as wel I as vehi cl es wi th diesel engines, are prohi bi ted. M i ni mum requi red di mensi ons i ncl ude a wheel base of not I ess than 100 i nches, an Eight cylinder engine or, alternately, the largest six cylinder engine manufactured for the make and model. • Egui pment. The empl oyer (County) i s responsi bl a for the cost of i nstal I i ng and removi ng i n -car equi pment and for any damages associ aced wi th such i nstal I ati on and removal. Off cers are hel d responsi bl a for the proper use and securi ty and al I requi red equi pment. A ny form of commerd al adverti si ng, pol i ti cal campai gn adverti si ng or sl ogans on subsi di zed vehi d es, whether permanent or temporary, is prohibited. • Replacement Vehicle. Officers are held responsi bl e f or providing an acceptable replacement vehicle whenever the empl oyes' s automobi I e i s bei ng repai red as the resul t of off -duty damages. When damages are i ncurred on duty due to no gross negl i gence on the part of the off cer, the department i s responsi bl e for provi di ng a repl acement vehi cl e for off i ci al use at no cost of the empl oyee, or may reassign the officer to non - motorized duty. Regul ati ons governi ng the use of government vehi d es and H CPD' s subsi di zed vehi d e program i nd ude A rti d e 18 (" Subsi di zed A utomobi I es") of the SH OPO bargai ni ng agreement wi th H auvai i's four counti es, vari ous general orders i ssued by H aNal ` i County pol i ce chi efs. For addi ti onal reference, these documents, i n thei r enti rely, are appended to thi s report, as fol I ows: Appendix A: SHOPO Agreement, Article 18 ("Subsidized Automobiles") Appendix B: H CPD General Orders Ref ati 1. General Order No. 802 2. General Order No. 803 3. General Order No. 808 4. General Order No. 809 5. General Order No. 814 ig to Subsi di zed V ehi cl es — " Pol i ce V ehi cl es and Equi pment" — " Gasol i ne, Oi I & M i I eage Record" — "Transporting Persons in Patrol Cars" — " UseofTemporaryVehidesforOfficial Police Duty' — " Police Subsi di zed Vehicle Extension Request Procedures" The unique blue dome lights atop county police cars are sped fi cal I y reserved for county police and state department of public safety vehicles under the provisions of Chapter 291, H RS. Section 291 -31.5 prohibits members of the public from affixing "any lamp, reflector, or illumination devi ce whi ch appears to be the col or bl ue upon any motor vehi d e... " 7 B. Current Vehicle Allowance Costs The FY2003 -04 County operating budget ref ec is a total of 396 car al I owances for 298" Group I" vehicles and 98 "Group 11" vehicles, respectively. The disparity between actual and budgeted car al I owances reflects vacant but funded positions in the department. A current operating budget summary for the Pot i ce Department's " M i I eage & A uto A l l owancd' i s shown bd ow: POLICE MILEAGE& AUTO ALLOWANCE Account: 5203.02 -112 FY2001 -02 FY2002 -03 FY2003 -04 Actual Budget Estimate $2,018,897 $2,201,740 $ 2,290,788 -- Itemized Expenses for FY2003 -04 -- A. Group I: $488 x 298 vehicles x 12 mos . ........ ............................... $ 1,745,088 B. Group ll: $450 x 98 vehicles x 12 mos . ........ ............................... $ 529,200 C. Mileage: ...................................................... ............................... $ 16,500 $ 2,290,788 The FY2003 -04 operati ng budget shown above and approved by the Counci I on June 4, 2003 does not include a $475,200 annual increase in the motor vehicle al I owance requested by SHOPO. SHOPO supports an i ncrease as the vehi cl a al I owance has not been rai sed duri ng the past ei ght years. I n a I etter (Communi cati on N o. 140.3) dated M arch 13, 2003 to Fi nance Commi ttee Chai r A aron Chung, SH OPO H aNai ` i Chapter Chairman Emory J. Springer stated that he had met with Mayor Kim on several occasions and "asked for an increase in the motor vehi d e al I owance." He expressed his support for the department's budget" as long as the language i nd udes the request for an increase in vehicle allowance." I f SH OPO' s requested vehi cl a al I owance i ncrease had been approved, H aNai ` i County's Pot i ce M i I eage and Auto A I I owance FY2003 -04 budget would have totaled $2,765,988. That amount would have represented a26% increase over the FY2002 -03 budget amount of $2,201,740. C. Insurance Costs Current FY2002 -03 insurance premiums for county police vehicles total $661,371 ($1,956.72 x 338 police vehicles) . A prior " I oss run" study by A on Insurance Managers, Inc. cited by the Finance Department's Purchasi ng Secti on i ndi Cates that from 19942003, i nsurance premi ums for subsi di zed H PD vehicles averaged $374,000 with total annual losses averaging $292,000. The resulting 78% " I oss ratio" — consi dered steep by i nsurance i ndustry standards — coupl ed with a hi gh i nd dence of acci dents i ncurred by police officers led to the cancellation of the department's no-fault insurance policy by TI G Crum and Foster, Inc. effective March 1, 2002. At that time, the county's no-fault insurance policy was $428,400 and covered 360 pot i ce off i cers dri vi ng on and off duty i n subsi di zed cars. I n a H onol ul u Star- Bul I eti n arti d e dated January 23, 2003, A ssi stant Pol i ce Chi of Larry M ahuna stated: " I guess there were too many d ai ms aged nst our off cers dri vi ng subsi di zed vehi d es i n terms of el ther injuries to themsel ves or others. They [TIG Crum and Forster I nc.] referenced 39 cases they had to pay out." The 39 cl ai ms represented an acci dent rate exceedi ng 10 percent. "When you accumulate that much," M ahuna said, " I guess the insurance company is saying, basically, `You're not a good ri sk. "' H e added that he di dn' t thi nk the acci dent rate of off i cers ref ected dri vi ng "worse than the publ i c at I age. I j ust thi nk that's j ust a nature of pot i ce work," he sai d. " The more ti mes you respond i n an emergency mode, the more chance you have of getti ng i nto an acci dent." The February 22, 2003 minutes of the H awai' i County Police Commission reiterated that department vi ew, as fol I ows: " Business Manager M aesato summarized the report that was distributed and filed. He stated that they have no bids for auto insurance, and that they probably will have to pay a higher premium. Chi of Correa reported that i n the I ast seven years, they added 35 more vehi d es. I n the past two years they had 39 cl ai ms out of approxi matel y 350 vehi d es. He doesn't bell i eve thi s i s an i nordi nate number. Vehi d es are subsi di zed, not county- owned, and offi cers pay for thei r own comprehensi ve and col I i si on insurance." County self - insurance would lower costs considerably, but the State of H awai' i does not al I ow the counti es to self -i nsure a vehi d e unless it i s county- owned. The savings, essentially, would represent the difference between premiums and actual losses. For the years surveyed (19942003) by Aon I nsurance Managers, Inc. when premiums averaged $374,000 and losses from claims averaged $292,000, the difference (and theoretical savings) amounted to $82,000 annually. Improvement in the accident rate of off cers and subsequent reducti ons i n d ai ms woul d further add to savi ngs. D. Five -Year Budget Summary A five -year summary of actual expenditures reflecting (1) mileage and auto al I owance, (2) fuels and lubricants; and (3) insurance from County operating budgets extending from FY 1997 -98 through FY2001 -02 indicates that while the total number of subsidized police cars has not risen dramatically, insurance and fuel costs account for most of the increased costs associated with H CPD' s subsidized vehi d e program. The number of budgeted subsi di zed vehi cl es rose from 352 i n FY 1997 -98 to 396 i n FY2001 -02. A ctual expendi tures for the H CPD mi I eage & auto al I owance program rose onl y sl i ghtl y over f i ve years, from $1,906,289 in 1997 -98 to $2,018,897 in 2001 -02. However, actual insurance costs rose dramatically in recent years, from $336,528 in 1999 -00 to $632,337 in 2001 -02. Additionally, actual fuel & lubricant costs i ncreased from $450,620 i n 1999 -00 to $593,809 i n 2001 -02. A f ve -year expendi ture summary i s provi ded bet ow: (1) Mileage & Auto Allowance Actual Expenditures 1997 -98 - $1,906,289 1998 -99 - $1,899,150 1999 -00 - $1,974,402 2000 -01 - $2,036,158 2001 -02 - $2,018,897 (2) Fuels & Lubricants Actual Expenditures 1997 -98 - $ 515,083 1998 -99 - $ 437,051 1999 -00 - $ 450,620 2000 -01 - $ 615,781 2001 -02 - $ 593,809 (3) Insurance Actual Expenditures 1997 -98 - $ 345,000 1998 -99 - $ 329,640 1999 -00 - $ 336,528 2000 -01 - $ 406,272 2001 -02 - $ 632,337 No. of Cars (for budget estimate) Expenditure & Percent Change from Prior Year 352 N/A 372 -$ 7,139 - .04% 376 $ 75,252 +.3.9% 380 $ 61,756 +3.1% 396 -$ 17,261 - .08% No. of Cars (for budget estimate) Expenditure & Percent Change from Prior Year 352 N/A 372 -$ 78,032 - 15.1% 376 $ 13,369 + 3.1% 380 $ 165,161 +36.7% 396 -$ 21,972 - 3.5% Cost Per Insured Car Expenditure & Percent Change from Prior Year 365 cars @ $1,050.00 N/A 372 cars @ $1,020.00 -$ 15,360 - 4.5% 376 cars @ $ 994.31 $ 6,888 + 2.1% 380 cars @ $1,190.00 $ 69,744 +20.7% 396 cars @ $1,620.41 $ 226,065 +55.6% 9 SECTION 2 AUDI TOR'SOFFI CE INQUIRY TO CORPORATION COUNSEL RE: SHOPO CONTRACT This section presents: A. Auditor's Office Inquiry Re: SHOPO Contract B. Corporation Counsel Guidance dated August 26, 2003 A. Auditor's Office Inquiry Re: SHOPO Contract I n Jul y, 2003 the A udi tor' s Off i ce requested an opi ni on f rom the Off ce of Corporati on Counsel regardi ng certai n provi si ons of A rti d e 18 (" %b§ di zed V ehi d es") i n the SH OPO contract. A copy of the request for opinion dated July 15, 2003 from Legislative Auditor Connie Ki ri u is attached to this report in Appendix D. Specifically, we sought to clarify and determine five questions, summarized below: (1) Whether the County coul d change pol i ci es regardi ng automobi I es for pol i ce use upon consul ti ng the Union as stipulated in Section J, Article 18 of the SHOPO contract and, rel atedl y, if such consul tati on coul d be i ni ti ated at any ti me duri ng the I i f of the current SH OPO contract or any subsequent contract; (2) Whether the County coul d termi nate al I owances for subsi di zed cars at any ti me duri ng the ei ght years of authori zed use as outl i ned i n Secti on P, A rti cl e 18 of the SH OPO contract, i n the event that the Pol i ce Department transi ti oned to county -owned pol i ce f I eet vehi d es; (3) Whether the County i ncurs a I awful , contractual obl i gati on to provi de an al I owance to subsi di ze the cost of a personal vehi d e, i n whol a or i n part, used i n pol i ce servi ce; (4) Whether the provi si ons of Secti on M, A rti d e 18 of the SH OPO contract rel ati ng to the Counti es of M aui and Kauai, pursuant to thei r conversi on to a pol i ce fl eet program, appl y to the County of H awai ` i ; and (5) The extent of pol i cy -maki ng j uri sdi cti on of the County Counci I wi th respect to pol i ce vehi cl es. Thi s questi on arose pursuant to a Jul y 13, 2004 arti cl e i n Vest H awai i Today. The arti d e stated that B i g I sl and SH OPO Chai rman Emory Spri nger sai d: " A s I ong as there i s a contract between the empl oyer and empl oyee, or i is uni on, then the practi ce of converti ng from subsi di zed motor vehi d es to f I eet vehi d es cannot be changed i n part or enti rel y." A ccordi ng to the arti cl e, M r. Spri nger al so expressed hi s bel i of that " the counci I members were appri sed through Corporati on Counsel that they have no jurisdiction over the matter." For reference, a copy of the 7/13/03 Vest H awai i Today arti d e i s attached to thi s report i n A ppendi x D. The thrust of the A udi tor' s Off i ce i nqui ry was to determi ne whether pol i cy -maki ng rel aced to subsi di zed police cars was fundamentally governed by the SHOPO contract or by the decision - making of the H awai ` i County Pol i ce Chi of and/or the County Cound 1. Rd atedl y, we sought to assess the potenti al f i scal i mpact of conversi on to a county -owned fl eet program based upon Corporati on Counsel's i nterpretati on of Secti ons J, M, and P, A rti d e 18, of the SH OPO contract. 10 B. Corporation Counsel Guidance dated August 26, 2003 I n reply to the Auditor's Off ice queri es of July 15, 2003 Deputy Corporati on Counsel Patri ci a K. O' Tool e provi ded a wri tten opi ni on dated A ugust 26, 2003 ( Corporati on Counsel WRK N O. 03 -5909. A copy of the opi ni on may be found i n A ppendix D of thi s report. I n response to the questi ons posed by the A udi tor' s Offi ce, Corporati on Counsel provi ded gui dance, summarized as fol I ows: (1) Re. Questi on 1; Response. " Yes, the County may change i is pol i ci es i f i t consul is wi th the U ni on and such change may be i naugurated at any ti me duri ng the I ife of the contract." Corporati on Counsel added: " Nei ther the statute [ H RS §89 -9(c)] nor the SH OPO arti d e i n questi on I i mi t the change i n pol i cy to a parti cul ar ti me or state that a change may only be made at the end of the contract." (2) Re. Question 2; Response. " The I anguage of Arti d e 18 makes no reference to payment of the car al I owance. Its plain meaning is to specify the period of time that the subsidized vehicle may be used. Readi ng i nto thi s arti d e a requi rement that a car al I owance be pai d for ei ght (8) years even i f an officer is no longer required to drive a subsidized vehicle goes far beyond the language of the contract." (3) Re. Question 3; Response. " We do not bel i eve any such obligation arises ... I am not aware of any promi se made to conti nue to pay for vehi d es i f the pol i cy i s changed." (4) Re. Question 4; Response: "The terms of the provision [Article 18(M), SH OPO contract] are sped fi c to M aui and Kauai counti es. H owever, shoul d the pol i cy on subsi di zed vehi d es change, we expect that SH OPO, the empl oyer, woul d meet to negoti ate i tems ref ati ng to the effects of the change si nce they woul d I i kel y fal I under the category of 'ter ms and condi ti ons of empl oyment' whi ch must be negoti ated. A si mi I ar provision might result." (5) Re. Questi on 5, Response: " I understand that M r. Ashi da has i nformed your offi ce that no wri tten opinion had been issued by this office as may have been indicated in the West Hawaii Today arti cl e." Re collective bargaining: "According to H RS §89-9, the employer and the exclusive representative are required to meet at reasonable times ... to negoti ate i n good fai th wi th respect to wages, hours etc. and other terms and condi ti ons of empl oyment whi ch are subj ect to negoti ati ons under the I aw. U nder H RS §89-2 the empl oyer i s the mayor." Re Cound I appropri ati ons: " U nder H RS §89 -10, al I cost i tems i n the agreement are subj ect to appropriations by the Council. To the extent that the subsidy for a police vehicle is a cost item, the Counci I has the authority under the I aw to re ect it if desi red." Re pol i cy maki ng authori ty of the Cound 1: " I f the questi on refers to some pol i cy maki ng authori ty of the Council, as set forth i n §3-1 of the County Charter then whatever the Council sets forth as pot icy must be exami ned to see i f i t i s i n fact pot i cy. I n Ci ty Cou nci I of the Ci ty and Cou my of H on of u 1 u v. F asi 52 H aw. 3 (1970) a resol uti on of the counci I whi ch was sai d to set forth pot i cy wi th respect to the I ease or rent of ci ty property was found by the court to be an exerd se by the cound I of executi ve power. Thi s was found to be i nconsi stent wi th the pri nd pl a of separati on of powers i n which the legislative branch of the city and county and the executive branch are coordinate and 11 neither branch may exercise the power of the other. According to the H awai ` i Supreme Courtin the Fasi case, ` pol i cy i s used to refer to ded si ons of broad and general appl i cabi I i ty and not an ad hoc command to take sped fi c acti on. VU thout knowi ng what the sound I may be proposi ng as a ` pol i cy,' i t i s not possi bl a to ful I y answer the questi on but we can offer the gui del i nes from the Fasi case." 12 SECTION 3 REVIEW OF HAWAI `I COUNTY'S PAST STUDIES ON SUBS DI ZED VS. FLEET SYSTEMS This section examines the following studies and includes a summary commentary: A. Police Cars in Hawai'i and Guam B. "A Study of the Automobile Allowance System of the Hawai'i County Police Department," 1972 C. " Hawai'i County Police Department Pilot Police Fleet Study," 1978 D. Peat, Marwick, Mitchell & Co. Review of the Puna Fleet Study, 1979 E. " Police Automobile Fleet Study for the Hawai'i County Police Department," 1994 F. "Subsidized Automobile Study," Maui Police Department, 2002 G. The Price of Visibility," West Hawai'i Crime Stoppers, Inc., 2003 H. " Hawai'i Police Department Fleet vs. Subsidized Vehicle Report," 2003 " Hawai'i Police Department Fleet vs. Subsidized Vehicle Report II," 2003 J. Summary A. Police Cars in Hawai'i and Guam From a nati onal perspecti ve, H awai ` i County's subsi di zed pol i ce vehi d e pol i cy i s uni que. I t ref I ects a I ongstandi ng i sl and tradi ti on dati ng back to Terri tori al H awai ` i when al I four county pol i ce departments utilized a vehicle subsidy program. The Honolulu Police Department has used a subsidy system for pol i ce vehi d es si nce 1932. The H atvai ` i County Pot i ce Department has empl oyed a vehi cl a subsi dy si nce the department's i ncepti on i n 1943. I n 1939, the f rst marked pol i ce cars appeared i n Honol ul u, when Captai n Levi Kal aul i of the country pol i ce di vi si on pl aced a si gn that read " Poll i cd' on the si de of the vehi d es above and to the rear of the front fenders. A I i ght i I I umi nated the si gn at ni ght. Today, H onol ul u' s standard " blue & whi td' patrol car is the Ford Crown Victoria, the most widely used patrol vehi cl e by pol i ce departments through- out the nation. However, Honolulu still employs subsidized personal vehicles along with a lesser number of fleet cars, a policy reportedly endorsed by Honolulu Police Chief Lee Donahue. In 2003, the Honolulu Police Department employed 658 c ty -owned f I eet vehi d es and 1, 333 authori zed subsidized vehicles. Honolulu police recruits first drive fleet patrol cars known as "whites." Later, upon attaining the rank of "motor man," they are el i gi bl a to purchase approved subsi di zed cars. The Kauai Police Department transitioned from subsi di zed cars to a county -owned fl eet i n the earl y 1970s. The M aui Pol i ce Department began phasi ng in county- purchased fleet vehicles to replace its subsi di zed vehi cl a program i n 1977. Honolulu patrol car (left) and ambulance circa 1920s. 2003: Honolulu's" blue& white" Ford Crown Victoria patrol car 13 The Kauai County Pol i ce Department i ni ti aced a " take -home program" of county -owned marked patrol cars for 135 off i cers i n N ovember 1998. A ccordi ng to the Kauai Pol i ce Department, the program " al I ows off i cers to uti I i ze thei r patrol vehi d es to and f rom work" and " enabl es the off i cers to respond to I age scal a emergend es di rec;tl y from home." I n a Vest H awai i Today anti d e (M ay 16, 2003) Kauai Pot i ce Department M otor Pool Supervi sor M i ke Layosa said that [Kauai County] patrol cars used to last three years before they would become "junk." Since the county initiated its take -home program in 1998, Layosa stated that the cars purchased then are in "good condition and running sound." Beyond H awai ` i , an online search conducted for this report found only one other jurisdiction with a subsidy policy —the Government of Guam. Chapter 56 ( §56101. Police Use of Private Vehicles.) of the Guam Code states (in part) : "The Guam Pot i ce Department shall permit police officers to use their privately owned vehicles for police service, patrol duty and other law enforcement related functions. The Department shat I prescri be adequate compensati on and i nsurance as descri bed bell ow." Reportedl y, some I ndi an reservati ons i n the southwest al so subsi di ze personal vehi d es for N ati ve A meri can pol i ce off i cers. I n a phone query wi th a representati ve from FordF1 eet, makers of approxi matel y 80% of al I the pol i ce cars nati onwi de, no comparabl e j uri sdi cti on was i denti f i ed that currentl y subsi di zes pri vale vehi cl es for pol i ce servi ce. A s such, whi I e there are many studi es on the rel ati ve cost- effecti veness/feasi bi I i ty of a "take—home' assigned (city or county- owned) vehicle program, the literature on subsidized private vehi d es vs. muni ci pal fl eet vehi d es i s absent. H awai ` i' s hi story of subsi di zed pol i ce vehi d es provi des most of the avai I abl e I i terature on the topi c. B. A Study of the Automobile Allowance System of the Hawai'i County Police Department, 1972 1 n A pri 1, 1972 the H awai ` i County Pot i ce Department i ssued a report ti tl ed " A Study of the Automobi I e Al I owance S�rstem of the H awai ` i County Pot i ce Department." The study was conducted pursuant to an eval uati on of H CPD' s automobi I e al I owance structure by the audi ti ng f rm of Peat, M arwi ck & M i tchel I and Company in 1970. The 1972 H CPD report stated that the Peat M arwi do auditors "detected an apparent i nequi ty i n the present system," prompti ng the audi tors to make the fol I owi ng recommendati ons: 1. Reassess the reasonabl eness of the basi c al I owances current) y i n effect to make them more representati ve of the basi c costs i nvol ved i n coveri ng mai ntenance costs, basi c wear and tear, etc. 2. A dj ust the rel ati ve amounts of the al I owances so that they proper) y rel ate to the actual vehi d e utilization associated with a particular position d assi f i cati on and the attendant duties performed; 3. El i mi nate those al I owances that are bei ng gi ven to personnel whose vehi d e uti I i zati on record is infrequent or negligible. Asa corollary to the above recommendation, we suggest that the County consi der al ternati ve courses of acti on such as rei mbursi ng the user on a mi I eage basi s for the use of hi s pri vale vehi d e for off ci al County busi ness or establ i shi ng a County -owned pool of vehicles for common use by the casual users; and 4. Reeval uate the rati onal a for al l owance differenti al s between urban and rural areas. 14 In response to these recommendations, the 1972 HCPD report proceeded to analyze five options for " operati ng and/or mai ntai ni ng a pol i ce fl eet," as fol I ows: 1. Privately -owned fleet 2. County -owned fleet 3. Combi nati on of pri vale and county -owned f I eet 4. County -I eased f eet 5. Rei mbursement on a mi I eage basi s The study noted that the " present system of uti I i zi ng pri vale -owned vehi d es for patrol work dates back to the inception of motorized patrol in this County" and asserted that the "most effective means of providing police services [to both urban and rural areas] is by motorized patrol." The study's stated objective was " to determi ne the most effi ci ent, equi tabl a and effecti ve means of provi di ng motori zed pol i ce servi ces i n the County of H aNai ` i ." At the ti me of the 1972 study, some 201 pol i ce personnel drew automobi I e al I owances, rangi ng from $50 to $110 per month. A ddi ti onal I y, the County furni shed gas on the basi s of one gal I on for every 10 mi I es of off ci al travel, one quart of of I for every 500 mi I es of offi ci al travel, and publ i c I i abi I i ty and property damage i nsurance. The combi ned costs [al I owances, $247,680; i nsurance, $23,836; gas & of 1, $83,057] for the pri vale pot i ce fl eet duri ng the 1972 f scal year total ed $354,573. I n assessi ng the advantages and di sadvantages of a pri vatel y -owned fl eet, the 1972 study provi ded the f rst of many subsequent " pro and con" statements, as fol I ows: "Advantages I n cases of emergency, the department al ways has a I age vehi cut ar patrol force ready to move immediately. 2. Standby cars are not needed as i t i s the offi cer' s responsi bi I i ty to obtai n a repl acement shout d hi s vehi d e become i noperabl e. 3. There i s no need for storage faci I i ti es to house vehi d es when not i n use. 4. There i s no need for a mai ntenance fad I ity, stockroom for parts, mai ntenance staff, d eri cal staff, fleet supervisor, etc. 5. Off -duty personnel i n thei r radi o-equi pped vehi d es may take necessary or desi rabl a pot i ce acti on when warranted. 6. The department does not i ncur expenses for accessories other than two-way radios. 7. The H aNai ` i Pot i ce Department i s rated [ no ci tali on gi ven] among the safest pot i ce f I eets i n the nati on. Thi s i s attri butabl e, at I east i n part, to the fact that the off cers operate thei r own vehicles and are f ami 1 i ar with its handling qualities and i di osyncrad es. Then, too, the off cers are more cauti ous and do not take unnecessary ri sks because they operate thei r own vehi d es and woul d suff er personal I oss i f the vehi d e i s damaged. Adverse Effects (To County) 1. Creates a moral a probl em due to i nadequate al I owances. 15 Adverse Effects (To Officers) 1. Sped al equi pment and extra safety devi ces such as rol I bars, heavy duty suspensi on, etc. are acqui red at the off i cer' s expense. 2. Low trade -i n val ue of pol i ce vehi d e due to excessi ve mi I eage and use. 3. The automobi I e al I owance has remai ned the same whereas the cost of automobi I es, ti res, parts and repai rs keep i ncreasi ng. 4. Off i cers f i nd i t di ff i cul t to obtai n col I i si on and comprehensi ve i nsurance and when they do, the rates are very hi gh because of the extra hazards i nvol ved i n pol i ce work. 5. Disadvantage to individual officer in that he has to buy a vehicle which meets the department's sped f i cati ons." The study determi ned that the present al I owance system " di d contai n several i nequi ti es" and cond uded that " offi cers were not recei vi ng a fai r return for the use of thei r vehi d es." To correct these i nequi ti es, the study proposed an al I owance system based a combi nati on of " f xed" and " operati ng" costs. Fixed costs were determi ned to be the cost of a new 1972 Ford Custom Pol i ce Sped al ($4,500), pl us i nterest payments cal cul aced at 5.75% for three years ($777), pl us col I i si on i nsurance for three years ($501), pl us the cost of a bl ue emergency I i ght ($60), mi nus an esti mated trade -i n val ue of $950 after three years, for a net three -year cost of $4,888. Thi s amount was then di vi ded by a 70% " off i ci al use" formul a that yi el ded a total cost of $3,422 di vi ded by 36 months for a monthly "fixed cost" allowance of $95.06. A ddi ti onal operati ng costs i nd udi ng parts repl acement, unschedul ed repai rs were esti mated to be $858 per year based on 24,000 annum mi I eage or $2,574 over the course of three years, thereby averaging $65.45 monthly for operations personnel and $38.68 monthly for staff. Based on thi s cost anal ysi s, the study cond uded that equi tabl a toted monthl y al I owances woul d be $160 for operati ons offi cers and $135 for staff. Based upon thi s formul a, the study esti mated a total si x -year cash al I owance cost of $3,411,107. Comparabl a six -year proj ected esti mates for a county -owned fl eet were based on two-year and three -year trade -i n opti ons, coupl ed wi th vari ous mai ntenance opti ons, as fol I ows: • County -owned fl eet, pri vale garage mai ntenance (2 -year trade -i n) ....... $3,205,481 • County -owned fl eet, private garage mai ntenance (3 -year trade -i n) ....... $3,813,822 • County -owned fl eet, county motor pool mai ntenance (2 -year trade -i n) ... $3,725,782 • County -owned fl eet, county motor pool mai ntenance (3 -year trade -i n) ... $3,261,135 • County -owned fl eet, pol i ce department mai ntenance (2 -year trade -i n) ... $4,778,197 • County -owned fl eet, pol i ce department mai ntenance (3 -year trade -i n) ... $4,313,550 The study further estimated that an "assigned" fleet of vehicles permanently assigned to officers comprised of 169 marked cars and 43 unmarked cars would cost $4,752,820 over six years with cars traded in every two years and $4,346,758 over six years with a three -year trade-in. The study suggested that assi gned vehi d e pl ans " recently i ntroduced on the mai nl and" were " gall ni ng popul ari ty among pol i ce agenci es" and offered the prospect that " hi gh exposure of the publ i c to marked pol i ce vehi d es" woul d 16 create " omni presence" and an "added deterrence' [to crime] . No studies were cited in support of these asserti ons, however. Other si x -year cost esti mates provi ded i n the 1972 study i nd uded mi xed f I eet and I eased f I eet opti ons, as fol I ows: • PrivatetCounty -owned fleet (33 privatecars103 county cars) with 3 -year trade -in ... $2,732,103 • PrivatetCounty -owned fleet (168 privatecars14 county cars) with 3 -year trade -in ... $3,294,010 • Leased Fleet, Non - Maintenance Plan ........................ ............................... $3,250,253 • Leased Fleet, Maintenance Ran ............................... ............................... $3,554,519 The f i rst mi xed fl eet al ternati ve was seen as off eri ng " an avenue for the gradual phasi ng -i n of a county - owned fl eet." I is percei ved di sadvantage was separate admi ni strati on of di sti nct systems and costs. The second mixed fl eet opti on was based on a proposal to conti nue al I owances for 168 cars operated by patrol officers and detectives and purchase 14 county -owned vehicles for administrative personnel. Other than proj ected cost esti mates, no rati onal a or " pro and con" anal ysi s was offered respecti ve to the I eased fl eet opti ons. The f i nal opti on presented was a system based on a mi I eage rei mbursement rate, determi ned to be $.15 per mi I e. This option was seen to be "equitable to the extent that al I owances are paid according to actual uti I i zati on" but had the " potenti al for abuse by off cers accumul ati ng mi I eage for hi gher al I owances." The 1972 report commented briefly on the systems uti I i zed by the other three counties. At the ti me, M aui County pai d monthl y al I owances of $110 to i is patrol off cers and, whi I e consi deri ng the feasi bi I i ty of converti ng to a county -owned fl eet, el ected to " remai n wi th i is present system because of the fewer problems it presented." Kauai County was i n the mi dst of converti ng to a parti al county -owned fl eet pursuant to a study that indicated that the county "could realize a savings of $21,000 a year." Kauai's conversion, reportedly, " had an adverse effect on the off i cers' moral d' due, i n part, " to the I ack of warni ng of the di sconti nuati on of the cash al I owance." I n 1972, H onol ul u operated a mi xed fl eet consi sti ng of 895 patrol cars of whi ch onl y 55 were owned by the Ci ty & County. The ci ty -owned cars were customari I y assi gned to motor patrol trai nees who I ater graduated to a private subsidized car. Honolulu's al I owances ranged from $75 to $120 monthly dependi ng on the average mi I eage recorded by the uni t to whi ch an off i cer was assi gned. H onol ul u' s al I owance computati ons were revi eNed at six -month i nterval s. I n 1967, an i ndependent consultant had recommended that the Honolulu Police Department convert to a 100% City & County -owned fleet, but H onol ul u di d not i mpl ement the proposed conversi on. The 1972 HaNai ` i County Pol i ce Department study di d not reach any f nal cond usi on as to a preferred system or pol i cy for pol i ce cars. I nstead, i t suggested that " no one perfect system exi sts" and cauti oned that "what is advantageous to the County may be disadvantageous to the officer." It acknowledged that " most of the effects of the pl ans studi ed are cost- rel ated." I t di d add the resol ute comment that " the deci di ng factor shoul d be the abi I i ty of the department to adequatel y carry out i is mi ssi on of provi di ng maxi mum protecti on to the publ i c." H owever, the study offered no concl usi ve f ndi ng as to whi ch of i is fleet options best fit that "deciding factor." Based on the study's f i ndi ngs, however, the H auvai ` i County Pol i ce Commi ssi on recommended retai ni ng the exi sti ng cash al I owance system wi th hi gher al I owances to be pai d to each off cer. 17 C. Hawai'i County Police Department " Pilot Police Fleet Study," 1978 I n 1978, the H awai ` i County Pol i ce Department conducted a " R I of Pol i ce Fl eet Study," pursuant to a cri ti cal eval uati on of i is 1972 study by the audi ti ng f rm of Peat, M arwi ck, M i tchel I & Company. A " background" statement pref ad ng the 1978 H CPD pi I of study stated that the " audi tors, i n thei r report of the 1971 -72 f i scal year exami nati on, submi tted a cri ti cal eval uati on of the pol i ce department's study and strongl y recommended the i mmedi ate conversi on to a 100% county -owned fl eet of 95 vehi cl es." The department di sputed the recommended number of vehi d es, though, whi I e stati ng that it was " not opposed to the concept of a county -owned fl eet." I n the wake of thi s di sagreement, the 1978 pi I of study preface stated that "the matter fel I upon the M ayor' s Offi ce and the County Cound I to resol ve." Additi onal Iy, the pi I of study noted the i mpact of " several new factors" as fol I ows: The enactment of H awai ` i' s collective bargaining law [Chapter 89, H RS] which permitted pol i ce offi cers to uni oni ze and negoti ate changes i n pay and worki ng condi ti ons; 2. Ri si ng costs of automobi I es, purported to have i ncreased by 26% between 1970 and 1975, al ong wi th spi red i ng gas, of I and repai r costs; and 3. "A pparent" changes i n off i cer atti tudes due to hi gher car costs, resul ti ng i n a shi ft " I eani ng i n favor of county -owned vehi cl es." These factors, combi ned wi th " the present admi ni strati on' s desi re to resol ve the questi on of whi ch avenue to pursue," prompted the department to undertake "a pilot program to determine the feasibility of a county -owned pol i ce fl eet," accordi ng to the study authors. The scope of the 1978 study was " conf i ned to the gatheri ng of data rel ati ng to the operati on of a county -owned pol i ce fl eet wi th respect to cost and effect on pol i ce operati ons." The pi I of study experi ment depl oyed seven Chevrol et I mpal a " pol i ce sped al vehi d es" I eased from H i I o M otors Leasi ng, I nc. i n the Puna Di stri ct for one year. Duri ng the study peri od, the Puna Di stri ct was manned by 15 off i cers operati ng on a three shi ft schedul e. The proj ect commenced on A ugust 9, 1976 and was terminated on July 31, 1977. The Puna police district was chosen due to its mix of roads, representative rural nature, normal caseload, and proximity to Hilo for servi ce/mai ntenance of leased cars and on -si to vi si is by pol i ce personnel. Cost and operati onal data accumul aced duri ng the one -year tri al was compared to the esti mated operati ng costs of a 15 -vehi d e pri vatel y owned fl eet. M aj or cost f ndi ngs from the Puna pi I of experi ment, ref l ecti ng actual expenses for the seven I eased cars, are shown in the cost summary at ri ght. [ Regardi ng cost i tems: " Safety sl i de shi el ds" were i nstal I ed to separate back seat pri soners f rom the dri ver' s compartment.] The addi ti onal $3,229.82 i n repai r costs not covered under the mai ntenance agreement I argel y represented damages sustai ned i n ei ght traffi c acci dents. Puna Pilot Study: Cost Summation Mbtf 0k3: - 889/ 11 Nbj ouf obodf % 7-763/77 Fydf t t ! Nj rrf b h f % 3-396/58 Tbgfuz!Trrjef!Tijfm=_ % 2-791/11 Hbt!'!Pjm 0X26- 45: / 1: Vglffq!)xbtiOgprrjti % ' G17 11 Duri ng the one -year tri al, the seven vehi d es drove 277,878 mi I es, an average of 39,696 mi I es per vehi cl e. Based on the toted miles travelled (277, 898) and gallons of gas consumed (21,052), the seven cars averaged 13.2 mpg. A total of 313 quarts of of I (averaging 44.7 quarts per car) were used by the seven vehi d es. The study noted that " departmental records pri or to and fol I owi ng the Puna Fl eet Study i ndi cafe 18 that gasoline and oil consumption was 20% higher for private vehicles than the county -owned fl eet during the study period." Sl gni f cant operati onal data gathered duri ng the study exami ned vehi d e avai I abi I i ty /downti me, as wel I as crime statistics/traffic accidents in the Puna district and citizen reaction to the county -owned marked pol i ce cars. Duri ng the one -year Puna experi ment, " vehi cl a avai I abi I i ty" was defi ned as " the toted number of vehi d es avai I abl a for use on any gi ven shi ft." Duri ng the proj ect, there was a toted of 1,071 shi fts (357 days x 3 shi fts = 1, 071). Duri ng the proj ect peri od, the total number of vehi d e shi fts total ed 7,497 (357 days x 3 shi ftsx 7 cars= 7,497). For 38 of the 1,071 shifts, the number of personnel assigned to duty exceeded the number of avai I abl a vehi cl es, requi ri ng off cers to be sent home on compensatory ti me off. On 42 shi fts, the vehicles available equaled the number of officers assigned, with no spare vehicles available for emergenci es. " Downti me," representi ng the peri od of ti me a vehi d e i s out of servi ce, total ed 918 shi fts duri ng the pi I of proj ect. Routi ne servi ci ng and mall ntenance accounted for downti me of 357 vehi cl a shi fts; motor vehi d e accidents accounted the remaining downtime of 561 vehicle shifts. The study attributed extended downtime for vehicles involved in accidents to "the availability of parts for repairs." One car that sustai ned ml or trunk, ri ght tai I I i ght and rear bumper damage remai ned i noperati ve for 64 days. Duri ng the pi I of proj ect (A ugust, 1976 —Jul y, 1977) , the total number of cri mes commi tted i n the Puna Di stri ct i ncreased by 8.9% over the precedi ng 12 -month peri od. Traffi c acci dents i ncreased 16% duri ng the same peri od. The study cond uded: " Despi to stati sti cs showi ng an i ncrease i n cri mes and traffi c acci dents, there i s no supporti ve data to concl ude that the county -owned marked vehi d es had a negati ve or posi ti ve effect on cri mi nal acti vi ty and traffi c acci dents." The study stated that an " i nformal pol I" reveal ed favorabl e ci ti zen reacti on to the presence of county - owned marked vehicles, due to their "high visibility" and "resulting feeling security." Citizens also expressed concern over the absence of marked vehicles that they related to an absence of police protecti on. Commenti ng on thi s ci ti zen reacti on, a fol I ow -up audi t by Peat, M arwi dc, M i tchel I & Company observed that " thi s I after statement woul d appear to be true for a f I eet of unmarked, pri vatel y owned vehi cl es as wel L" The H CPD study stated that " these si tuati ons occur pri maxi I y as a resul t of heavy case I oads and mi ni mum watch strengths whi ch di rectl y affect the amount of general patrol." Cost and operati onal data gathered from the R I of Fl eet Study were subsequentl y compared to " what woul d have been expended to operate f fteen (15) pri vatel y -owned subsi di zed vehi d es duri ng the same peri od as the pi I of fl eet." At the ti me, monthl y al I owances for pri vale cars were $195 /month for Group I Officers and $165 /month for Group I I Officers. As it does now, the County then furnished gasoline for subsi di zed cars at the rate of one gal I on per ten mi I es of off i ci al duty travel; one quart of of I for every 500 off i ci al mi I es; and publ i c I i abi I i ty and publ i c property damage i nsurance. For these costs (car al I owance, $34,380; i nsurance, $2,025; gas & of 1, $21,417), the total cost of mai ntal ni ng a subsi di zed f I eet of 15 cars was $57,822, as compared to the pi I of f I eet cost of $60,173 ($61,852.88 mi nus the $1,680 cost of safety shi el ds). The tabl e shown bet ow summari zes the comparabl a cost i tems of a 7 -vehi d e county fl eet vs. a 15 vehi d e subsi di zed pri vale f I eet. 19 Thus, it was determined that a 15-car subs di zed fleet was cheaper than the 7 -car pi I of study county fleet, as shown in the cost comparison table [right]. The disparity between these totals, howe✓er, i s due I argely to the cost of acci dents ($3,230) i ncurred by the pi 1 of fl eet. The study then computed a six-year cost comparison of five different fleet plans, including (1) two-year lease, (2) three -year I ease, (3) county -owned fl eet wi th a two-year trade-in, (4) county -owned f 1 eet with a three - year trade -i n, and (5) pri vate subs di zed fl eet. COST COM PARI SON Puna Pilot Fleet vs Privately Owned Fleet — August 1976 -July, 1977 County Fleet Private Fleet Cost Item (7 vehi d es) (15 vehi cl es) Lease $ 29,778 $ - Car Al I owance - 34,380 M ai ntenance 6,653 - Excess M i I eage 2,285 - U pkeep 2,506 - Repai rs (Non - Agreement) 3,230 - Insurance 372 2,025 Gas& Oil 15,349 21,417 TOTAL $ 60,173 $ 57,822 I n computi ng these comparabl a fl eet costs, H PD devel oped 13 assumpti ons, as fol I ows. 1. Fl eet and county -owned f I eet pl ans based upon a 154-vehi cl e f I eet. 2. Pri vatel y -owned fl eet pl an based on 232 -vehi d e fl eet. 3. Two-year I ease pl an based on non -mai ntenance I ease rate of $319.50 per vehi d e per month wi th a 5% annual i ncrease. 4. Three -year lease plan based upon non - maintenance lease rate of $253.00 per vehicle per month wi th a 5% annual i ncrease. 5. Average annual mi I eage per uni t for 154-vehi cl e fl eet esti mated at $18,048 mi I es based on total f I eet mi I eage for FY 1976 -77 of 2,779,359 mi I es. 6. Purchase pri ce of vehi cl es used i n County -owned pl an based upon $6,693 per uni t as quoted by H i I o M otors, Ltd. For 1978 Chevrol et I mpal a sedan wi th annual i ncrease of 4 %. 7. Car al I owances for privately -owned fl eet based on $533,130 per year with a 5% i ncrease very two years. 8. Residual (trade-in) values of vehicles used in County -Owned Ran based on Mach-April, 1978 Kel I ey BI ue Book vat ues wi th a 4% year) y i ncrease. 9. M ai ntenance costs based on esti mated $200 per vehi d e per month wi th an annual i ncrease of 6 %. 10. Fl eet management cost based on two off cers (SR -18B) at an annual sal ary of $12,996 per off cer and an annual i ncrease of 5 %. 11. Gasoline and oil costs based upon the department's 1977 expenditure of $170,270 for privately-owned vehicles and $136,216 for a county -owned fleet (20% less) pl us a 7% annual increase. 12. I nsurance rates for I eased and county -owned f I eet pl an based on $53.12 per vehi d e per year and a 7% annual increase. 13. I nsurance rates for the pri vatel y -owned pl an esti mated at $135 per vehi cl a per year pl us a 7% annual i ncrease. 20 Based upon these assumptions, the 1978 H CPD study developed a table ref ecti ng comparable fl eet costs, shown bel ow: COMPARABLETABLE 1sT 2ND 2 -YEAR 3RD 3 -YEAR 4T" 4 -YEAR 5T" 5-YEAR 6T" 6 -YEAR FLEET PLAN YEAR YEAR TOTAL YEAR TOTAL YEAR TOTAL YEAR TOTAL YEAR TOTAL 2 -YEAR LEASED FLEET 1,130,424 1,164,008 2,294,432 1,260,216 3,554,648 1,298,138 4,852,786 1,405,161 6,257,947 1,447,988 7,705,935 3 -YEAR LEASED FLEET 1,007,532 1,041,116 2,048,648 1,076,804 3,125,452 1,188,423 4,313,875 1,228,723 5,542,598 1,271,550 6,814,148 COUNTY -OWNED (2 -Year Trade -In) 1,570,710 573,572 2,144,282 1,362,189 3,506,471 647,182 4,153,653 1,501,850 5,655,503 730,309 6,385,812 COUNTY -OWNED (3 -Year Trade -In) 1,570,710 573,572 2,144,282 609,260 2,753,542 1,564,054 4,317,776 687,482 5,005,078 730,309 5,735,387 PRIVATELY OWNED FLEET 734,720 748,831 1,483,551 790,587 2,274,138 806,743 3,080,881 852,019 3,932,900 870,516 4,803,416 D. Peat, Marwick, Mitchell & Co. Review of the Puna Fleet Study The H CPD study was subsequently revi eNed by Peat, Marwick, Mitchell & Company (PM M & Co.), which transmitted its findings to Mayor Herbert T. M atayoshi in a report dated May 3, 1979. The purpose of PM M & Co.'s revi env was to advi se the Pol i ce Department on: (1) the reasonabl eness of i is underl yi ng assumpti ons; (2) the accuracy and appropri ateness of i is anal yti cal methodol ogy; and (3) the appropri ateness of the concl usi ons drawn i n the H PD study. Broadl y, PM M & Co.'s rev env concl uded that " due to hi gh i nterest cost i mpl i ci t i n I eases, the consensus among [Police] department and County personnel and ourselves was that I easi ng was not a viable al ternati ve to the County." PM M & Co. cond uded that " based on the data col I ected, the concl usi on that a f I eet of 15 pri vatel y owned vehi d es woul d have been I ess cost) y was appropri ate and correct." Sl mi I art y, PM M & Co. found that the " anal yti cal methodol ogy used for accumul ati ng costs i ncurred by the seven leased Puna vehicles and for projecting costs of 15 privately owned vehicles was accurate and appropri atel y appl i ed." PM M & Co. i ni ti al I y di sputed H CPD' s 6-year comparabl a cost survey based upon i is assessment of the residual (trade-in) value of county -owned fleet vehicles at the end of the six -year period. PM M & Co. projected the costs to be $3,923,224 for a County -owned fleet with a two-year trade -in schedule and $3,568,830 for a three -year trade-in, both lower than the projected costs of a privately owned fleet. H owever, i n December 1978 PM M & Co. resd nded i is f ndi ngs upon presentati on of a H PD addendum contai ni ng " assumpti ons for f I eet mi I eage and resul tart proj ecti ons for new car costs and trade -i n resi dual values." PM M & Co. concurred with the methodology contained in H CPD' s addendum and found the "six -year costs of a County -owned fleet to be consistent with the original study's methodology with which we concurred." Additionally, PM M & Co. said that it had based its analysis of projected mai ntenance costs on a prorati on of actual costs i ncurred duri ng the Puna f I eet study, whereas H CPD assembl ed mai ntenance esti mates based on f gures provi ded by two H i I o automobi I e deal ers. I n summati on, PM M & Co. stated that " al though the [ Puna Fl eet] study does not state a cond usi on or recommend whether the County shoul d purchase, I ease, or conti nue wi th month) y car al I owances for pri vatel y owned vehi d es, the proj ected si x -year costs d earl y favor conti nui ng the present practi ce of pri vatel y owned vehi cl es." 21 E. "Police Automobile Fleet Study for the Hawai'i Police Department ", 1994 In February 1994, the H avvai ` i County Police Department issued a 71 -page study titled Police Automobi I e F eet Study for Hawai ` i Pot i ce Department for the " purpose of i nvesti gati ng feasi bl a alternatives to the subsi di zed vehi d e program of the H awai ` i Pol i ce Department, County of H awai ` i ." According to the report, H CPD' s 1992 expenditures for its subsidized vehicle program accounted for approxi matel y $2.6 mi I I i on i n expendi tures and cond uded that " thi s amount i s substanti al and warrants i nqui ry i nto al ternate methods of maki ng the use of pol i ce automobi I es more effi ci ent and feasi bl e." I t noted that $2.6 mi I I i on or approxi mate) y 10% of H CPD' s 1992 budget i nvol ved expendi tures assod aced wi th the subsi di zed vehi cl a program. The 1994 report concluded that "the H awai ` i Police Department has an obligation to the citizens of H avvai ` i County to search for the most eff i ci ent and feasi bl a vehi cl a program. A f I eet vehi d e program may be the answer." The study exami ned possi bl a conversi on i nto a fl eet vehi d e program by anal yzi ng M aui County's fl eet program as well as the subsidized program of HCPD. The advantages and disadvantages of both programs were exami ned. I n sel ecti ng the M aui fl eet program for purposes of compari son, the study authors stated that " the geographi cal area and economi c cl i mate" of M aui County more cl osel y resembl ed H awai ` i County than Kauai or the Ci ty & County of H onol ul u. Whi I e the report's f i ndi ngs were " not meant to be cond usi ve," the H CPD study concl uded that " the i mpl ementati on of a f I eet or parti al f I eet program for H CPD may be feasi bl e, and further research through a pi I of program i s warranted." I n 1977, M aui County converted to an enti rd y county -owned f I eet. I is subsi di zed vehi d e program was phased out through pl anned annual purchasi ng of fl eet vehi d es. I n 1990, the M aui Pol i ce Department conducted a study to determi ne whether a return to a subsi di zed vehi cl a program woul d be more cost - effective. The study estimated that MPD spent $938,235 annually to operate 126 vehicles, whereas conversion to 263 subsi di zed vehi d es woul d cost Maui County $1,503,321. The study cond uded that the MPD f I eet program saved approximately $565,086 annually on direct costs and $176,421 in indirect costs. 1. MPD Fleet Program Findings I n 1977, M aui County converted f rom a subsi di zed vehi d e program to an enti rely county -owned fl eet vi a the phased annual purchase of fl eet vehi d es. That year, a motorpool was establ i shed at M PD's mai n compl ex i n Wei I uku. The M PD fl eet consi sted of patrol cars, unmarked cars, trucks, paddy wagons, motorcyd es and a public relations vehicle. M PD used Chevrolet L umi nas as unmarked cars and Chevrolet Caprices and Ford Crown Victories for patrol purposes. Purchased 4 -door patrol vehicles met the sped f cati ons set forth by the M i nnesota State Patrol and I nternati onal A ssod ati on of Chi efs of Police (I A CP) for speci al I y constructed rear seats, security cages, light bars, heavy duty suspensi on, V -8 engi nes and extended warranti es. Four -wheel dri ve vehi cl es, most assi gned to the rural districts of H ana, Lanai and Molokai, included Jeep Cherokees and several I suzu Troopers and Chevrolet Blazers. In 1993, MPD issued a bi d for the purchase of 22 patrol vehi d es. Valley Isle Motors, the winning bidder, proposed 1993 Ford Crown V i ctori as at $17,834 each, fully equipped, with the eccepti on of pd i ce radi os. I nd udi ng an opti onal extended warranty of $1,083, Val I ey I sl e' s total pri ce came to 22 $18,917 per car, $1,4901 ess than the second I owest bi d. Thei r bi d i ncl uded a trade -i n val ue of $6,410 for 20 M PD vehi d es rangi ng f rom fai r to poor condi ti on, or $320 per car. The study reported that M PD patrol vehi d es were kept on an average of 2.3 years and unmarked cars for f ve years. The rel ati Ay short I i f of patrol vehi cl es was attri buted to a number of causes, i ncl udi ng: • expi rati on of warranti es after two years due to excessi ve mi I eage; • hi gh cost of repai rs after warranty expi rati on; • i rregul ar servi ci ng of vehi d es by deal ershi ps or pri vale shops, I eadi ng to ml or breakdowns as wel I as an " overal I shortened I i f of the vehi d es" ; • 24/7 use wi th hi gh turnover of dri vers handi ng off vehi d es to subsequent shi fts; and • dri ver abuse, c ted as an " i t' s not mi nd' atti tude, descri bed as dri vi ng on undesi rabl a roads, reckl ess and hi gh -speed dri vi ng, and care) ess parki ng [two vehi d es were reported " toted ed" i n earl y 1993 wi th " many others ei ther i n repai r shops or wai ti ng to be repai red'] The motorpool establ i shed for the M aui pot i ce fl eet provi ded schedul ed 5, 000 mi I e servi c ng of patrol and unmarked vehi cl es i n the Wei I uku di stri ct onl y. Outl y ng rural di stri cts uti I i zed pri vate shops. Problems were experienced in rural districts, particularly Molokai, due to the limited number of servi c ng shops. Where deal ershi p repai r was i ndi cated, added costs were i ncurred by shipping damaged vehicles from Lanai or Molokai. Towing of damaged vehicles by private towing companies to the Wai I uku motorpool, deal ershi ps or other repair shops cost $9,746 in 1992. Despite implementation of a departmental motorpool staffed by a full-time supervisor, one full-time and two part -time service attendants, M PD spent $208,632 on vehicle repairs and mai ntenance performed by outsi de agenci es i n f scal year 1991 -92. Other probl ems c ted i n M PD's f I eet program i nd uded: ■ Par k i ng. The confI ux of fl eet vehi d es, pri vate cars of off i cers commuti ng to each shi ft, and unserviceable vehicles was cited at both the Wai I uku complex and Lahai na station. In Lanai na, pol i ce consumpti on of avai I abl a parki ng stal I s i mpi nged on the space avai I abl a for c ti zen patrons of the pot i ce stati on and adj acent ci vi c center. Personal Conflicts. The study reported that some senior M PD officers made claims on preferred and newer Ford cars, ref egati ng of der vehi d es to j uni or off cers. A n i nformal study showed that most officers preferred the Ford Crown V i ctori as to the Chevrolet Caprice model s. I n some i nstances, offi cers worki ng overti me were cal I ed back to a stati on to be " rel i eved" of a parti cut ar vehi d e a seni or offi cer had grown attached to. I n other cases, damage to vehi cl es went unreported, I eavi ng supervi sors to pi npoi nt what off i cer on what shi ft was responsi bl e. ■ H ygi enetSmoki ng. ConfI i cts arose between offi cers compl ai ni ng of I itter strewn i nsi de cars and the assi gnment of vehi cl es d assi f i ed as " smoki ng " and " non -smoki ng." I n 1990, M PD conducted a study to assess whether a subsi di zed vehi d e program woul d be more cost - effective. The study estimated that MPD spent $938,235 annually to operate 126 fleet vehicles, whereas conversion to a subsidized program would cost the county $1,503,321 to operate 263 vehicles. It concluded that the fleet program saved approximately $565,086 annually i n di rect costs. 23 In his transmittal to the Maui Police Commission dated March 19, 1990, Maui Police Chief H oward Tagomori ci ted i ndi rect annual costs amounti ng to $176,421 associ aced wi th subsi di zed vehi cI es for, vari ousl y: • Clerical Costs — processing monthly subsidies and maintaining vehicle mileage and gas consumpti on records, revi ew and processi ng of i nsurance rei mbursements ($16,620); • Patrol Wagons — Five additional caged wagons @ $8,579 each needed for transport of prisoners ($42,895); • Four -Wheel Drives— Five additional 4 -wheel drive vehi cles at $8,579 each needed for use duri ng i nd ement weather ($42,895); • Replacement Vehicles — Five additional patrol and/or unmarked cars at $8,579 each needed as replacements ($42,895); and • Radio Technician — One additional SR -19 Radio Technician position needed for increased mobi I e radi os and I i ght bars ($31,116) . In addition to cost savings, Chief Tagomori cited other reasons for his preference of Maui's pol i ce f I eet program over pri vale subsi di zed vehi cI es. H e stressed the " si gni f i cant mechani cal differences" of speci al I y packaged police cars from private vehicles. These include high performance V -8 engines, heavy duty automatic transmission with overdrive, high a d a ratio, heavy duty power steed ng, f ront di sk brakes, sped al suspensi on, sped al speedometer, and heavy duty eI ectri cal system with sped al wi ri ng and condui ts. Chief Tagomori noted that the high speed pursuit, handling and braking capabi I i ti es of standardi zed pol i ce fl eet vehi cI es affect the " performance and safety of the Offi cers usi ng the vehi cI es." H e concl uded, " We are assured that our vehi cI es conform to such standards and our off i cers are usi ng vehi cI es speci f i cal I y desi gned for Pol i ce use." [ N OT E: A subsequent 2002 report performed by M PD i s presented (I tem F) I ater i n thi s secti on.] At the ti me HCPD' s 1994 report was i ssued, the department had approxi mately 342 sworn offi cers and 129 civilian personnel. The department was organized into eight districts, with patrol services under the command of the Fi el d Operati ons Di vi si on. The department's Cri m nal I nvesti gati on D i vi si on (CI D) was staffed wi th pl ai nd other detecti ves who i nvesti gated ml or cri mes, vi ce acti vi ti es and j uveni I e cri mes. The apporti onment of sworn offi cers was as fol I ows: District /Division Assigned Personnel Administration 41 CID 46 South Hilo 72 North Hilo 11 Hamakua 16 South Kohala 27 North Kohala 14 Kona 59 Ka` u 14 Puna 42 TOTAL 342 24 W th the excepti on of pol i ce recrui ts, off cers on I i ght duty status and four motorcyd a patrol offi cers, al I sworn officers parti ci pate in the department's subsidized vehicle program. The 1994 report stated that "the philosophy of the program is one vehicle per officer." The report said that approved subsidized vehi des within the department ranged from "four -wheel drive multi- purpose vehicles (MPVH) such as Ford Broncos and Chevrolet Blazers to sporty two-door models such as Fort Mustangs and Chevrolet Camaros." The subsidy rates in 1994, set by contract negotiations between SH OPO and the four counties, were $463 /month for Group I officers (patrol officers and sergeants) and $425 /month for Group I I officers (a11 other officers). The HCPD report stated that "officers of HCPD are at the point that they realize that the cost of purchasi ng and mai ntai ni ng a vehi cl a for the subsi di zed vehi cl a program does not equate to the monthly al I owance they receive." County costs for I i abi I i ty i nsurance for subsi di zed pol i ce vehi cl es total ed $320,021 i n 1994, or about $974 per car per year. Offi ci al mi I eage recorded by HCPD offi cers i n 1993 was 4,954,652 mi I es. The Kona patrol di stri ct had the hi ghest total off ci al mi I eage (839,645), fol I owed by South H i I o (510, 585), Puna (527,145) and South Kohala (313,481). The 1994 report stated that "most of the subsidized vehicles have gas mi I eage rati os above the 10:1 al I owed by the department, thus many off i cers consume the excess amount of fuel for off -duty purposes." The rel ati ve advantages/di sadvantages of the subsi dy program ci ted i n the 1994 report were as fol I ows: Advantages: ■ Enabl es acti vati on (di salters, etc.) of many personnel at one ti me ■ Ensures the avai I abi I i ty of a I age number of vehi d es at any gi ven ti me ■ No down time between shifts ■ Fad I i tates off -duty I aw enforcement ■ Less chance of empl oyee confI i cts over vehi d es ■ Pri vate ownershi p di scourages vehi cl a abuse ■ Burden and cost of repai rsimai ntenance i s pl aced on the offi cers ■ Department does not need a mai ntenance fad I i ty ■ 1 n most cases, the department does not bear the cost of repl acement vehi cl es ■ The probl em of f I eet and empl oyee parki ng i s avoi ded ■ V ehi d e storage i s not a probl em (off i cers take thei r cars home) Disadvantages: • Lack of uniformity in vehicles • V ehi d es do not meet the sped f i cati ons of the M i chi gan State Pot i ce (M SP) and I nternati onal Assodation of Police Chi ef s (IACP) for police work • U nmarked cars may be di ff i cut t for the publ i c to i denti fy i n ti mes of need • Off i cers more I i kel y to " baby" personal vehi cl es, unl i ke f I eet cars • Department i ncurs i nsurance I i abi I i ty for off -duty off i cers (and thei r si gni f i cant others) 25 ■ Gas rei mbursements are set by uni on barged ni ng agreements and do not ref l ect the i mproved gas mi I eage rati os of modern cars; the report states, " off cers with vehi d es whi ch have better gas mi I eage rati os are bei ng overcompensated' ■ Record- keepi ng for car al I owance di sbursements, offi ci al mi I eage recorded, drawi ng of gas and of 1, as wet I as tax- reporti ng for off cers, requi res a ful I -ti me cl erk ■ 1 nstal I ati on of vehi d e equi pment (I i ghts, si rens, radi os) i s performed by H PD personnel ■ A I I owances are pai d to off cers taki ng vacati on, si ck I eave or work -ref aced i nj ury I eave for up to six months ■ the department al so pays for i nsurance for vehi d es not i n use To compare the feasi bi I i ty and effecti veness of H awai ` i County's subsi di zed vehi cl a program wi th M aui County's f I eet program, the 1994 H CPD study uti I i zed a " cost- per -mi I e rati d' f ormul a as fol I ows: Total Annual Expenses (1993 AutoAIIowance........ $1,774,404 Insurance ............... $ 320,021 Oi I ....................... $ 4,573 Gasol i ne ................ 538,03 TOTAL ....... $2,637,036 Total Official Mileage (1993) 4,954,652 Cost - Per -Mile $2,637,036 7 4,954,652 = $.53 (Annual Expenses) (Official Mileage) (Cost -Per -Mile) The computati on di d not i nd ude the costs H CPD i ncurred for vehi d e repai rs assod aced wi th off cers on- duty or the cost of i nstal I ed equi pment. I t di d show, however, that HCPD' s cost- per -mi I e rati o ($.53) was at the hi gh end of M aui' s range of cost- per -mi I e rati o ($.43 -.53) for i is fl eet operati ons. Accordingly, the 1994 study developed a cost estimate for a county -owned fleet based upon the number of cars needed to mai ntai n " mi ni mum watch strength," determi ned to be two vehi cl es per occupi ed shi ft, wi th several vehi d es kept i n reserve. I t was determi ned that extra vehi cl es were needed for on -duty ranki ng off i cers (based on M aui' s standard) , wi th i nvesti gati ve off cers assi gned vehi d es on a one -to-one basi s. Based on thi s assessment the 1994 report determi ned that the total number of vehi d es needed by the department was 233, as shown bet ow: TOTAL VEHICLES NEEDED Patrol Unmarked Sedans Sedans 4 -Wheel Drive Trucks Other Total 103 66 43 13 8 233 The study then uti I i zed 1993 bi d pri ces secured by the M aui Pot i ce Department for the fol I owi ng vehi cl es to compri se a f I eet of 212 cars, excl udi ng trucks and " other" vehi cl es: (1) a Ford Crown Victoria 4-door sedan patrol car with extended warranty, light bar, security cage, siren and special rear seat ($18,917); (2) a Chevrolet S-10 Blazer M PV H excluding extended warranty and including I i ght bar, security cage and si ren ($20,141); and (3) Chevrolet Lumina 4-door sedan with 3 -year bumper- to- bumper warranty, automatic trans- mi ssi on, A/C and V -6 engi ne ($11,682), for use as an unmarked car. 26 I n devel opi ng i is cost esti mate, the 1994 study authors i ncorporated several assumpti ons, as fol I ows: • The study revi eNed actual mileage recorded by patrol officers and determined that an annual average of 34,343 mi I es i s obtai ned, thus patrol vehi cl es woul d reach a 100, 000 mi I e warranty I i mi t i n 2.9 years. • For non - patrol vehi cl es, a three -year /50,000 warranty was deemed suffi ci ent. • The most reasonabl a opti on for handl i ng repai r and mai ntenance was seen to be repai r shops i n Hilo and Kona, respectively. • Routi ne servi ci ng of f I eet vehi d es — of I changes, of I f i I ter changes, undercarri age I ubri cati on, checks of vari ous fl ui ds, etc. — were recommended to be performed every 3,000 mi I es. • A f I eet coordi nator posi ti on at an SR -16 sal ary rati ng was requi red; sal ary and f ri nge benef i is for thi s posi ti on were esti mated to range as hi gh as $50,215 per year. Based on the vehi d e bi ds and assumpti ons above, the 1994 study then developed an annual esti mate of fl eet costs as shown bel ow: The 1994 report then compared its estimated annual fleet cost, excluding gas, oil and repairs ($1,573,380), to its annual subsidized vehicle expenditures (also excluding gas, oil and repairs) of $2,094,425 and proj ected that a fl eet program woul d yi el d an annual savi ngs to the County of $521,045. 27 FLEET PROJECTION COSTS (1994 HPD STUDY) PATROL 4WD UNMARKED TOTAL Cost Per Vehicle $18,917 $20,141 $11,682 Proration 3 years 3 years 3 years Period /Mileage 100,000 100,000 50,000 Resale Value Per Vehicle $291 $4,000 $3,000 Vehicles Needed 103 43 66 212 Total Cost of Vehicles $1,948,451 $866,063 $771,012 $3,585,526 Annual Prorated Cost of Vehicles $649,483 $288,687 $257,004 $1,195,174 Less Prorated Resale Value $9,991 $57,333 $66,000 $ 133,324 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Adjusted Annual Costs - - - - - - - - - - - - - - - - - - - - - - - - - - - $639,492 - - - - - - - - - - - - - - - - - - - - - - - - - - $231,354 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $191,004 - - - - - - - - - - - - - - - - - - - $1,061,850 Plus Maintenance & Servicing $ 252,379 Plus Collision/Vehicle Damage $ 138,376 Plus Miscellaneous Auto Parts /Supplies $ 70,560 Plus Fleet Coordinator's Salary & Fringe $ 50,215 Projected Annual Fleet Costs $1,573,380 The 1994 report then compared its estimated annual fleet cost, excluding gas, oil and repairs ($1,573,380), to its annual subsidized vehicle expenditures (also excluding gas, oil and repairs) of $2,094,425 and proj ected that a fl eet program woul d yi el d an annual savi ngs to the County of $521,045. 27 The report further i ndi cated that i is cost esti mate ref ected $138,376 i n col I i si on/vehi d e damages, based upon actual collisions and property damage costs averaged over the past three years. However, it noted that "wi th a sel f -i nsured f I eet program ... H CPD would save approxi matel y $320,022 a year in insurance premi ums." The report al so proj ected savi ngs i n gasol i ne expenses due to the exd usi ve use of gas i n fl eet vehi d es, thereby el i mi nati ng " the use of excess f uel by subsi di zed vehi cl es wi th better than al I owed for gas mi I eage." The report cauti oned that i is cal cul ati ons were " not meant to be concl usi vd' but di d proceed to propose a " smal I -scal a pi I of program" to test " the effecti veness and feasi bi I i ty of a fl eet program for H CPD." I t suggested that a pi I of program shoul d be based out of the South H i I o Patrol D i stri ct to enabl e a I arge percentage of departmental personnel to be exposed to the program. H i I o was al so proposed due to i is range of car deal ers, repai r garages and detai I i ng shops to servi ce the program. Fi nal I y, H i I o was seen to offer " a good base i n determi ni ng the publ i d s reacti on to the use of f eet vehi d es." To mitigate the circumstance of officers paying for a subsidized car while participating in the pilot program, the study recommended that either new hired officers or volunteer veteran officers be used. The study proposed that rooki a off cers be assi gned to the proj ect after graduati on from the Fi d d Trai ni ng Program and prior to permanent assignment. It was suggested that veteran officers could be selected upon determination that their vehicles exceeded the established age limit for a subsidy al I owance. Moreover, a mix of new and veteran officers offered "a better perspective into the advantages and di sadvantages of a fl eet vehi d e program." The pi I of program was proposed for one year, al though the study suggested that " a I onger peri od may be more desirable." Data to be gathered from the pilot program would be used to "determine the feasibility and effi ci ency of a parti al or enti re fl eet program by extrapol ati ng the expenses and responses attai ned i n the pi I of program to a deli red fl eet si ze." Despi to the consi derabl a cost anal ysi s and i ncremental recommendati ons offered i n H CPD' s 1994 fl eet vehi d e study, the proposed South H i I o pi I of program was never i naugurated. In March, 2003 severed new reports from the Maui County Pot i ce Department, West Hawai ` i Crime Stoppers, I nc. , and the H awai ` i County Pot i ce Department aged n took up the i ssue of subsi di zed vs. f I eet pol i ce. F. Maui Police Department "Subsidized Automobile Study," 2002 The f i rst, ti tl ed " %b§ di zed Automobi I e Study' and compl eted i n Jul y 2002, was transmi tted by M aui Pol i ce Chi of Thomas Phi I I i ps to Kenneth Tall ra, Deputy Di rector of Personnel, M aui County, on M arch 19, 2003. Its preface stated that "previous studies and reports submitted by the SH OPO Union have stated that a subsi di zed fl eet i s ... a cheaper and more effi ci ent pol i ce force than usi ng county -owned fl eet vehicles." While noting that "it i s our opinion that a standing f I eet is probably cheaper to operate than a subsi di zed fl eet," the M aui report asserted that " the benefi is of a subsi di zed f I eet, both to the communi ty and to the officers, far outweigh the additional cost per year that maybe expended." It concluded: "The 'bottom I i ne' i s that a subsi di zed vehi d e f I eet wi I I i mprove the qual i ty of I i f i n M aui County, therefore i t i s cost effecti ve and shoul d be consi dered." The M aui report i ndi cated that a " cauti vd' i nsurance company was expected to " be created by Jul y 2003." The report suggested that accordi ng to H onol ul u Ci ty & County Ri sk M anager Beverl y Braun, a cauti ve insurance company would offer coverage for county subsidized police vehicles and reimburse excess 28 monies (the difference between losses paid out and premiums paid in) to participating counties. A s of the date of thi s report, no such captive i nsurance company has been formed. The M aui report suggested that transi ti on from a fl eet to subsi dy system coul d be accompl i shed i n " no more than seven years." I t presented the advantages of a subsi di zed f I eet vs. a standi ng fl eet as fol I ows: • Wi th conversi on to a subsi di zed fl eet, the M aui report anti ci pated " a reducti on i n on -duty vehi d e col I i si ons" due to greater fami I i ari ty of off cers wi th thei r cars and the prospect that they woul d " be I ess I i kel y to take unnecessary ri sks with thei r vehi d es." • This, in turn, would lessen litigation involving collisions, thereby increasing "available County wide funds" and reducing "negative media attention on the Department" due to "officer involved motor vehi d e col I i si ons." • Off i cers begi nni ng thei r shi fts woul d no I onger have a carry a " bri efcase, rai ncoat and a pl ethora of equi pment to and f rom the vehi cl a on a dai I y basi s." • A subsi di zed f I eet woul d provi de for " 200 pol i ce vehi cl es on the roadways of M aui County at any given ti me." • Off -duty officers would be able to assist in emergency situations and respond to mass mobi I i zati ons, ci vi I di sturbances, or cri ti cal i nci dents. • Citizens would "see an increased police presence within the County" and such presence woul d " act as a deterrent to cri mi nal behavi or and i mprove the communi ty bonds." • V ehi d e subsi di es woul d serve as recrui tment and retenti on i ncenti ves; " the enti cement of an additional $488 per month ... may sway the appl i cant towards the department with a subsi di zed vehi d e program." • Off i cers woul d take pri de i n ownershi p and care for thei r own vehi d es. Thi s, i n turn, woul d " greatl y i mprove the moral a of the offi cers." The M aui report adds that " i t has been cl earl y demonstrated in numerous studies that officers with high morale are less likely to violate departmental di recti ves or an i ndi vi dual' s ci vi I ri ght." • Pred ude the cost of parki ng stal I s, esti mated to be $5,000 per stal 1. 1 t was noted that the parki ng I of of the H al e M aka` i bui I di ng i s " overf I owi ng" and the " expense of a I and purchase to i ncrease the parki ng I of si ze f or M aui i s a huge cost consi derati on." G. "The Price of Visibility ", West Hawai'i Crime Stoppers, Inc., 2003 On M arch 19, 2003 A I an J. Pratt, presi dent of West H awai ` i Cri me Stoppers, I nc. , ref eased a report ti tl ed "The Price of Visibility." The report recommended that the H awai ` i County Pot i ce Department "immediately commence the necessary investigation and studies to determine actual costs, and other detai I s requi red to i mpl ement a possi bl e f I eet of marked pot i ce cars for the County of H awai ` i ." Based upon budget information from several mainland police departments — e.g., Gillette, Wyoming; Sacramento, Cal i forni a — the West H awai ` i Cri me Stoppers, I nc. study concl uded that conversi on to a county -owned police f 1 eet would generate savings of over $225,000 annually to H awai ` i County. "We consi der i t essenti al," the report stated, " the County of H awai ` i real i ze that ti mes have changed and i t i s now ti me to move i nto the 21 � century." 29 WH CS I ater prepared a "final revision" to its Price of Visibility study based upon a quotation provided by Ford M otor Company M uni ci pad Fi nand ng for the I ease/purchase of 382 pol i ce cars. For marked patrol cars, the WH CS study sel ected the Ford Crown V i ctori a (284 total); for unmarked cars, a Ford Taurus model (98 total). Over a five -year period, the WH CS report calculated the cost of its proposed fleet conversi on to total $1,868,850.28 per year, a sum I ess than the County's annual cost ($2,192,304) for 382 equi val ent subsi di zed cars. The report proposed that off i cers be al I owed to take home county -owned vehi cl es and summari zed the benef i is of a f I eet program i n a statement ti tl ed " Why Change From Present Subsi di zed V ehi cl es," quoted as fol I ows: ■ There woul d be pol i ce vi si bi I i ty and publ i c woul d feel safer. ■ Sl nce we are proposi ng a " Take home fl eet" off cers woul d not onl y be on cal I but woul d have superior equipment. ■ The fleet would be uniform as opposed to the many different types and colors of automobiles presently in use. ■ V i si tors and resi dents can easi I y i denti fy. ■ M arked pol i ce vehi cl es wi th the pol i ce package i nstal I ed are safer, faster, and provi de more safety to the off cer. ■ Sui tabl a for transportati on of pri soners. ■ M odern f I eets have a warranty of 100, 000 mi I es. ■ Pol i ce offi cers who dri ve marked cars have more pri de i n thei r j ob accordi ng to the chi efs we have contacted. ■ M ai ntenance apart from I ubes and si mpl e j obs can be contracted out. Further a pl anned program ensures the automobi I es are kept wel I mai ntal ned. ■ L i abi I i ty i nsurance shoul d be I ower i f marked cars are used wi th the pol i ce package i nstal I ed. ■ Equi pment such as I aptop computers, pri nters, fax machi nes and up- to-date radi o equi pment can be i nstal I ed. In its introduction, the Price of Visibility study al I eged that "unfortunately we still see the police administration finding excuses and making statements to the effect that a f I eet of marked cars is too expensive without studying the figures, already supplied and asking the necessary questions to move forward." H. Hawai'i Police Department Fleet vs. Subsidized Vehicle Report, 2003 Pursuant to the release of the West H aAtal ` i Crime Stoppers, Inc. (WHCS) Price of Visibility report, the H aAtal ` i County Police Department prepared its own updated study titled H awai ` i Police Department F I eet vs. Subsi di zed Vehi d e Report. The new H CPD report was essenti al I y a cost anal ysi s rebuttal to the earl i er WH CS report. I n compi I i ng the report, H CPD staff uti I i zed the same amount, make, model and base cost of the vehi cl es ci ted i n the WH CS study. 30 The H CPD study concurred wi th the WH CS f i ndi ng that the Ford quotati on for I ease/purchase of 382 cars at 4.73% APR would cost less ($9,784,484.03) over five years than the equivalent five -year cost of 382 subsidized vehicles ($10,961,520.00). H CPD obtai ned i is own bi d quote dated A pri 18, 2003 from the Ford M otor Credi t Company for 298 Ford Crown Victoria Pot i ce Interceptors (2003 model) at $25,995 each and 98 Ford Taurus Sedans (2003 model) at $20,000 each. The cost of the cars totaled $9,706,510. At 4.73% APR, Ford proposed a schedul a of f ve payments at $2,124,755 each. The bi d stated that the Ford M uni ci pal I ease- purchase f nance pl an requi red no securi ty deposi t and had no prepayment or mi I eage penal ty. H CPD then cal cut aced the cost of extended 5 -year warranty based upon a quote f rom Orchi d I sl e A uto Center, a Ford deal ershi p, and determi ned thi s woul d add an addi ti onal $1,910,000 to the f i ve -year cost of a purchased fl eet. H CPD also reported that an Orchid Isle representative recommended the purchase of 127 additional " back -up" vehi d es based upon a rati o of one spare vehi d e for every three fl eet vehi d es. Additionally, H CPD disputed WH CS s estimated $5,000 per car resale value after 5 years. H PD contacted H onol ul u' s pot i ce f I eet manager who i ndi rated that the average aucti on pri ce of vehi cl es 3-6 years old ranged from $200 -$500 per unit. H PD also indicated that high shipping costs precluded much i nterest by mai nl and pol i ce car ref urbi shi ng compani es i n used pol i ce cars f rom H aNai ` i . HCPD stated that certain "unrealized costs [for 191 fleet cars] were not factored in by the WHCS study," as fol I ows: Yearly Cost to County Maintenance ................. ............................... $ 19,100.00 Cleaning ..................... ............................... $ 91,680.00 Comp /Collision Insurance .............................. $252,120.00 Storage ($10 /day x 365 days x 191 units) ......... $697,150.00 Overtime ..................... ............................... $417,304.44 The Department stated that " i n accordance wi th Fai r Labor Standards A ct (FL SA) provi si ons, empl oyees taki ng home County owned vehi cl es may be compensated for [overti me] mai ntenancelcl eani ng." In a subsequent report, the Department's proposed cost of $10 /day for home storage was deemed a " probabl a compensatory i tem." The $10 /day rate was attri buted to " the standard storage fee for towi ng compani es." The report also suggested that "additional overtime costs not considered for 'take-home' vehicles may involve officers having to be compensated for travel ti me to and from duty station." It stated that officers are not required to reside within the district where they are stationed and noted that some officers commute vari oust y from H i l o to Ka` u, H i l o to H onokaa, H i l o to Kona, Wai mea to Kona, etc. The report suggested that i n the event the department transi ti oned to a " non -take home' f I eet, the costs for neN parki ng stal I s for 191 vehi d es (I and purchase and constructi on) woul d conservati vel y approxi mate $5,000 per stall or $955,000.00 for 191 vehicles. The report anti ci pated that at I east two East and West H atvai ` i mai ntenance faci I i ti es woul d be needed and, based upon the cost of "a recently constructed private automobile maintenance facility in Hilo," determined the estimated cost of each facility to be $595,000, excluding costs for obtaining permits, I i cense, contractor, EPA study, environmental impact, etc. 31 Fi nal I y, the report ci ted the sal ary scal a for motor pool faci I i ty staff obtai ned from the 2002 M aui Poll i ce Department fleet study, asfolIows: Position Title Salary Motor Pool coordinator $ 29,712.00 Utility Worker $ 24,282.00 Attendant (F /T) $ 22,290.00 (2) Attendant (P /T) $ 21,792.00 Car Washers $ 16,796.00 Premium Pay $ 1,900.00 Total $116,772.00 The H CPD report asserted that " subsi di zed vehi d es are readi I y i denti f i abl a to the resi dents and vi si tors al i ke ... the bl ue strobe I i ght affixed to the top of the vehi cl e i s hi ghl y vi si bl a duri ng the day or ni ght." I t made no comment on the I ack of " Pol i od' i denti f cati on marki ngs on subsi di zed vehi cl es. The report di d propose, however, that a " f I yer photo program wi th the ai rport, H V B, ai rl i nes coul d sati sfy the i nfrequent vi si tor" to become fami I i ari zed wi th county pol i ce cars and suggested that thi s mi ght be a " proj ect for WH CS." Fi nal I y, the study summari zed the advantages and di sadvantages of a f I eet vehi d e program as fol I ows: Advantages of Fleet Vehicle Program Disadvantages of Fleet Vehice Program • Standardized Vehicles Longevity 2.5 — 3 years • Prisoner more confined Suscepti bl e to vehi d e abuse • No cost to officer High start -up cost • Standard 36 month 36K mi I e warranty unl ess extended warranty purchased • Need 3 mai ntenance faci I iti es to accommodate I ogisti cal concerns • Need to hi re new staff to man faci I iti es (possi bl a 24 hours) • Bidding process I. Hawai'i Police Department Fleet vs. Subsidized Vehicle Report II, 2003 On December 2, 2003 Police Chief Lawrence K. M ahuna transmitted an updated report titled H awai ` i Police Department Fleet vs. Subsi di zed Vehicle Report 11 to Mayor Harry Kim. Chief M ahuna' s cover letter to the mayor stated that the report was transmitted "in accordance with your directives to provide recommendati ons on i mprovi ng the vi si bi I i ty of our department." The December, 2003 report provi ded five opti ons for departmental vehi d es, as wel I as recommendati ons for enhancing the visibility — upgraded lighting systems, directional si gnage, etc. — of county police stati ons. The report was prepared after consul ti ng nei ghbor i sl and county pot i ce departments. A I I other county police departments recommended purchasing fleet vehicles with no extended warranty. They advised aged nst I easi ng due to the excessive warranty costs for I eased pot ice vehicles. I nstead, the other counti es recommended purchasi ng vehi d es outri ght, decl i ni ng extended warrant es, and pl ad ng a hi gh pri on ty on preventive mai ntenance. The Ford Crown V i ctori a Pot i ce I nterceptor was reported) y preferred by nei ghbor i sl and pot i ce depart- ments. I n devel opi ng a cost esti mate for thi s I atest report, H CPD quoted the actual purchase pri ce for a 32 Crown Victoria by the Honolulu Police Department ($25,000) and added $14,000 for emergency equi pment for a total vehi d e cost of $39,000. The proposed " emergency equi pment" was not otherwi se identified, nor were itemized equipment costs presented in the report. The proposed number of cars (309 pri may patrol cars pl us 97 support vehi cl es) equal ed the number of worn personnel (406). I n i is cost summary, the report el ected a rati o of 1:5 back -up vehi d es (81) for the total number of fl eet vehi d es (406). All f I eet vehicle costs were based on a three -year payment program. Cost summaries for fleet programs showed anticipated annual operating costs, and did not reflect the one -time capital i mprovement costs of addi ti onal parki ng stal I s, mai ntenance fad I i ti es, and i nterest payments. The f i ve opti onal f I eet pl ans presented i n the study i nd uded: 100% Take H ome F eet — Costs for a "turn -key" fl eet of 487 cars (406 pl us 81 back -up cars) are projected over three years. To this amount, the costs of liability insurance ($1,956.72 per unit annually, storage fees ($10 /day x 365 x 406 cars), and compensation to officers for time spent cl eani ng vehi d es (4 hours per month) were added. 2. 100% Non -Take Home Fleet — Under this scenario, 406 fleet vehicles would be purchased for each worn offi cer, al ong wi th 81 back -up cars. Off i cers woul d not be permi tted to take vehi d es home, but woul d report to thei r respecti ve di stri ct stati on i n pri vale cars and perform patrol duti es i n an assi gned f I eet vehi cl e. A ddi ti onal parki ng stal I s woul d be needed. 3. Partial Fleet /Non -Take Home — Under this scenario, some 309 primary patrol officers would be provided with marked fleet vehicles. Support officers (97 plainclothes) would Conti nue to recei ve subsi di zed al I owances for the use of the pri vale cars for off d al duty. 4. Partial Take -Home Fleet —This option would provide 309 patrol officers with marked cars whi ch they woul d be al I owed to take home. A ssod aced costs for overni ght storage and com- pensati on f or cl eani ng woul d appl y. PI ai ncl othes off i cers woul d recei ve subsi dy al I owances. 5. Hybrid Subsidized County Fleet Program — This option proposes the purchase of 57 non - take home fl eet vehi d es and 9 vehi cl es assi gned to desi gnated " hi gh vi si bi I i ty /cri me areas." M arked pol i ce cars assi gned to each desi gnated area woul d be used on al I three tour of duty shifts. Sixteen high visibility and/or crime area police beats were identified as candidates for the program: four i n H i I o, four i n Kona, four i n Puna, two i n South Kohal a, one i n H onokaa and one in H auvi . A nti ci pated cost summar es for the f ve opti onal fl eet programs are shown bell ow: OPTION #1 Monthly Vehicle Cost Monthly Expenses Officer Time Insurance — Damage Insurance — Liability Home Storage Total Monthly Cost Annual Cost 100% TAKE HOME FLEET 406 Take Home Fleet Vehicles 81 Backup Fleet Vehicles $ 1,083.33 $ 1,083.33 $ 69.36 $ 110.00 $ 110.00 $ 163.06 $ 163.06 $ 304.17 $ 1,729.92 $ 1,356.39 $ 20,759.00 $ 16,276.68 $8.428.154.00 $1.318.411.08 33 Total Program Cost $9,746,565.08 OPTION #2 100% NON -TAKE HOME FLEET Vehicles 406 Fleet /81 Backup Vehicles Monthly Vehicle Cost $ 1,083.33 Monthly Expenses 1,083.33 $4,016,987.64 Officer Time $ $ Insurance — Damage $ 110.00 Insurance — Liability $ 163.06 Home Storage $ Monthly Expenses Total Monthly Cost $ 1,356.39 Annual Cost $ 16.276.72 Total Program Cost $7,926,762.64 OPTION #3 PARTIAL FLEET /NON -TAKE HOME Vehicles Vehicles Cost Per Vehicle Per Month Annual Cost 309 Fleet $ 1,083.33 $4,016,987.64 $ 488.00 97 Subsidized $ 488.00 $ 568,032.00 62 Backup Fleet $ 1,083.33 $ 805,997.52 Monthly Expenses $ 110.00 $ 489,720.00 Insurance — Liability $ 163.06 Officer Time $ $ 304.17 $1,127,862.36 $ Insurance — Damage $ 110.00 $ 489,720.00 Insurance — Liability $ 163.06 $ 915,744.96 Home Storage $ Total Monthly Cost $ 1,729.92 $ 1,356.39 Total Program Cost $6,796,482.12 OPTION #4 PARTIAL FLEET/TAKE HOME Vehicles Vehicles Cost Per Vehicle Per Month Annual Cost 309 Fleet $ 1,083.33 $4,016,987.64 97 Subsidized $ 488.00 $ 568,032.00 62 Backup Fleet $ 1,083.33 $ 805,997.52 Monthly Expenses $2,096,448.00 Monthly Expenses Officer Time $ 69.36 $ 257,186.88 Insurance — Damage $ 110.00 $ 489,720.00 Insurance — Liability $ 163.06 $ 915,744.96 Home Storage $ 304.17 $1,127,862.36 Total Program Cost $8,181,531.36 OPTION #5 HYBRID SUBSIDIZED /COUNTY FLEET Vehicles Cost Per Vehicle Per Month Annual Cost 48 Fleet $ 1,083.33 $ 623,998.08 9 Backup Fleet $ 1,083.33 $ 116,999.64 358 Subsidized $ 488.00 $2,096,448.00 Monthly Expenses Maintenance $ 100.00 $ 68,400.00 Cleaning $ 40.00 $ 27,360.00 Insurance — Damage $ 110.00 $ 75,240.00 Insurance — Liability $ 163.06 $ 794,428.32 Total Program Cost $3,802,874.04 In presenting the cost summaries shown above, the HCPD report stated that the average monthly cost for comprehend ve and col I i si on i nsurance coverage was $110.00 or $1,320.00 annual I y. A ccordi ng to HCPD, officers reported spending approximately $1,200.00 per year for basic maintenance, including servicing, major/minor repairs, tires and garage fees. Officers also indicated that vehi d e d eani ng (twice weekly washing and once-per-month professional car wa(i ng) cost them $40.00 monthly. L i ke i is earlier report, HCPD proposed that officers would be entitled to $10 /day storage compensation for any take - home fl eet vehi d e. The report di d not present any concl usi on or i ndi Cate a pref erence among i is f i ve f I eet opti ons. I t i s noteworthy, however, that the opti onal " Hybri d Subsi di zed/County FI eet" pl an presented i n thi s report, 0 unlike many earlier H CPD studies, offered a strategic law enforcement objective as the basis for the consi derati on and assi gnment of pol i ce cars. J. Summary I n revi eNi ng the many studi es summari zed above, we noti ced two focal , recurri ng concerns. The first concerns inherent employer /employee tension (and ambivalence) surrounding the personal vehi d e al I owance system. W th the excepti on of the Peat, M arwi dc, M i tchel I & Company report and audi t recommendati ons of 1972, none of the studi es undertaken by the H avvai ` i County Pot i ce Department have cri ti cal I y exami ned several key premi ses of the car al I owance/subsi dy pol i cy. The f rst premi se i nvol ves the I ogi c, fai rness and accountabi I i ty — to both pol i ce off i cers and the County — of a uni form negoti aced " al I owance sum" as opposed to an " actual cost" rei mbursement. A s I ong ago as 1972, PM M & Co. auditors al I uded to this problem when recommending reassessment of the " reasonabl eness of the basi c costs i nvol ved i n coveri ng mai ntenance costs, basi c wear and tear, etc." I mpl i ci t i n the present subsi dy system i s the assumpti on that monthl y al I owances, over a peri od of ti me extending up to 8-10 years, cover the cost of purchasing and maintaining a car. However, no document of record actual I y makes that understandi ng expl i ci t. A s a resul t, the al I owance system i nvi tes di spute and i nevi tabl a re- negoti ati on. To i I I ustrate thi s poi nt, a si mpl a cost anal ysd s expressed i n pl ai n I anguage i s offered. Let's say that a county pol i ce patrol offi cer buys a neN car for $20,000 i n 2004. The car meets H CPD requirements. The loan term for the car i s 4 years at 4.29% interest [ per Capitol One A uto Finance] . The officer's monthly car payment is $454.18. To this amount, add monthly mai ntenance ($100), comprehend velcol I i d on i nsurance ($110), and cl eani ng costs ($40), based upon the figures supplied in HCPD' s December 2003 study. The officer's car now costs $704.18 monthl y. A s a patrol off cer, he or she recei ves a $488 /month a1 I owance. Out of pocket, the off cer pays the di fference between the al I owance and the actual cost. That difference amounts to $216.18 monthly or $2,594.16 per year. Over the course of the four -year car loan, the total disparity totals $10,376.64. Thus far, the county car allowance does not equal the actual cost of the offi cer' s car. I n 2008, thi s cost scenari o i s reversed. The car i s pad d off; the off cer no I onger makes a $454 monthl y car pay ment. A ccounti ng for i of I ati on, mai ntenance, i nsurance and d eani ng bi I I s now total $300 monthl y. M eanwhi I e, the off cer Conti nues to recei ve the $488 monthl y al I owance. The difference between the officer's actual costs and the allowance now amounts to a $188 /month positive cash flow. The officer maintains the car for 4 additional years of police service and personal use, as permitted by departmental regulations. Cumulative cash accrued during years 5-8 of the car's I i fe totals ($188x 48 months) $9,024.00. By faithfully maintaining the car for pol i ce servi ce, the off cer has now vi rtual I y made up the di fference ($10,377) of out - of- pocket expenses incurred during years 1 -4. With approval from the police department, the off cer mi ght even extend approved subsi di zed use of the car for another two years. Essentially, the al I owance operates as a deferred compensation system. Based upon the scenario above, the officer's out -of- pocket costs incurred during the payment schedule of the car ($10,377) during years 1 -4 are recouped by positive cash flow ($9,024) incurred during years 5-8. The difference over 8 years amounts to $1,353; averaged over 8 years, the cost of the car to the off cer i s $169 /year. I f the car i s kept 35 in police service for an additional two years with departmental approval, the total al I owance received over 10 years ($488 x 120 months = $58,560) 1 i kd y reduces the I i feti me cost of the car to $0. Thi s scenari o creates a di si ncenti ve for county pot i ce off cers to abandon the subsi dy system, i n parti cut ar those officers who purchase more expensive 4 -wheel drive vehicles. The department's 1994 study acknowledged this problem by recommending that officers selected for i is fl eet car pi 1 of project be a mix of rooki es (not yet recei vi ng a car al I owance) and veteran off cers whose cars were approachi ng or had met the expi rati on date (8-10 years) for subsi dy d i gi bi I i ty. M eanwhi I e, a taxpayer mi ght ask: why shout d my takes pay for an al I owance that exceeds actual costs after the officer has finished making payments on the car? In turn, the officer might reply, why shouldn't I recei ve the bal ance the actual costs I i ncurred duri ng the f i rst four years of the I i f of my car? I s the al I owance system meant to pay al I costs i ncurred by offi cers for the I i f span of thei r vehi cl es? Nothing in the SH OPO contract says so. Instead, the al I owance system seems to be constructed in such a way as to nearly, or very nearly, generate that result, without ever saying so. All the studies summarized above are si I ent on the matter. Shout d an al I owance system pay for al I costs of car ownershi p i ncurred by county pot i ce offi cers? None of the studi es ci ted above attempted to answer that questi on. I n i is 1972 assessment of the car al I owance system, PM M & Co. suggested a 70% " off i ci al use' f ormul a based on off i ci al mi I eage, and exd udi ng off - duty mileage, to reflect actual costs. No subsequent proposal emerged to implement a distinction between on -duty and off -duty costs. Whi I e off cers and thei r fami I y members enj oy personal (al bei t I i mi ted) use of subsi di zed cars, no formul a has set a val ue for the personal use of subsi di zed automobi I es. L i kenri se, despi to noteti ons i n H CPD studi es that the department's 1 gal I on:10 official miles ratio for i ssuance of gasol i ne al I owed " the use of excess fuel by subsi di zed vehi d es with better than al I owed for gas mi I eage," no initiative has been undertaken to al I of gas i n accordance wi th actual f ud performance. I n fact, the most recent M i chi gan State POI i ce fuel economy tests of pot i ce package vehicles [see Exhi bi t 8, M SP Tests, 2004] i ndi Cates that even the hefty V -8 Ford Interceptor delivers combined ci ty /hi ghway EPA 18 mi I es per gal I on. The county's 1 gal I on: 10 off ci al mi I es reti o may have made sense 30 years ago when cars were I ess fuel effi d ent. But why shout d thi s standard prevai I i n 2004? Exhibit a Fuel economy EPA Miles Per Gallon Meaufacturer+PAodeI City Highway Combined Chevrolet Impala 20 29 23 3.8L 1231 cid) SPFI Chevrol at Te hoe (2 -wheel drive) la 20 I6.5 5.3L x327 oid} SPFI Chevrol at Te hoe (4 -wheel drive) 14 1s 16.5 5.3L M27 cid) SPFI GaimlerClirysler Dodge Irnrepid 19 27 22 3.5L (214 cid i SPFI Ford Police Interceptor X16 21 18 4.6L (281 cid) SPFI Ford Expedition 12 -wheel drive, 13 17 15 SAL (330 cid) SMPI F©rd Explorer (2 -wheel drives la 20 17 4.6L (281 cid) SPFI 2004 Michigan State Police Test Fuel Economy Summary There i s i nherent confI i ct and tensi on i n any rei mbursement system that di verges f rom actual costs. The present al I owance system has the potenti al for di storti on and vague enti tl ement. The I ack of a d ear, wri tten rei mbursement pot i cy for i temi zed expenses exacerbates thi s probl em. I f the subsi dy system i s Conti nued, we recommend that rei mbursements shout d be based upon actual, i temi zed, documented costs. M oreover, we recommend that the rati o of gasol i ne i ssued at 1 gal I on per 10 offi ci al duty mi I es be revi sed to correspond to actual mi I es per gal I on I ogged by county pot i ce cars. I nevi tabl y, transi ti on to an " actual cost" accounti ng system wi I I entai I more d eri cal i nput and audi ti ng oversi ght than the present f I at rate al I owance system. I t mi ght al so be the onl y means to i nj ect rati onal cost accounti ng and accountabi I i ty i nto the present rei mbursement system. The second observati on i s that al I the studi es from 1972 to the present fai I to answer the questi on: what i s the best police car (or combination of police vehi d es) to provide law enforcement services in H awai ` i County? I nstead, the foregoi ng studi es present budgetary conj ectures and opti ons repeatedl y wi th no concl usi on. Many of the cost projections supplied by the H avvai ` i County Police Department through the years anti ci pate no more than a 3 -year " I i fd' for pol i ce package cars, up to three mai ntenance faci I i ti es staffed by pol i ce mechani cs, a new fl eet coordi nator posi ti on, and costl y new parki ng i n the event that patrol cars are depl oyed i n mul ti pl a dai I y shi fts wi th offi cers commuti ng to work i n pri vale cars requi ri ng addi ti onal county parking facilities. A ccepti ng such scenari os and proj ecti ons, we concur that total transi ti on to county- purchased pol i ce package cars mi ght cost more than the present subsi dy system. But when the department suggests that $10 /day storage for take -home cars is a probable compensatory cost item amounting to $1,127,000 annually, we echo the published reaction of County Finance Director Bill Takaba ("That's crazy ") and would not be surprised if taxpayers also find this proposal galling. We al so f nd di sturbi ng the M aui Pol i ce Department's 2002 i nference that subsi di zed vehi d es are necessary to assure that off i cers are " I ess I i kel y to vi of ate departmental di recti ves or an i ndi vi dual' s ci vi I ri ght." The option of a "take home" f I eet vehicle is not factored into many of the H CPD studies. Granted, personal subsi di zed cars fad I i tate 24/7 pol i ce work and on -cal I acti vati on. The same woul d be true of assigned "take home" marked police package cars. The department's 1972 study acknowledged that assi gned vehi cl a pl ans "were gai ni ng popul ari ty among pol i ce agenci es" and offered the prospect of " hi gh exposure of the public to marked police vehicles." However, none of the cited studies address the question: If take -home subsi di zed cars are maintained for suitable police service for up to 8-10 years, can assi gned/take -home pol i ce package vehi d es achi eve the same extended I if eti me of servi ce? The 1994 Pi I of Pol i ce FI eet study conducted i n Puna proposed a concerted fol I ow -up pi I of fl eet proj ect i n South Hilo. That proposed project was never inaugurated. The department's most recent December, 2003 presentati on of f i ve f I eet opti ons offers an i ntri gui ng proposal f or a hybri d f I eet to provi de hi gh vi si bi I i ty patrol services in high -crime areas. The report makes no recommendation that this proposal be i mpl emented. N env or addi ti onal departmental costs are subj ect to the budgetary restrai nts of the County, coupl ed wi th the di sposi ti on of the admi ni strati on and the County Counci I to propose and approve appropri ati ons. The prospect of new costs al one shoul d not i nhi bi t departments f rom maki ng frank determi nati ons about preferred equi pment to perform essenti al publ i c servi ces. 37 SECTION 4 POLICE VI SI BI LI TY AND MARKED POLICE PATROL FLEETS —A REVIEW This section presents: A. An examination of the effectiveness of traditional police patrol B. Snapshot: Crime Statistics in Hawai'i C. The merits of take -home cars and "assigned vehicle programs" D. The importance of transparency in police work E. Police visibility and traffic enforcement F. Proposed guidelines for police patrol vehicle markings G. State statutes relating to inscription of government motor vehicles H. Summary A. An Examination of the Effectiveness of Traditional Police Patrol The traditional function of police patrol was perhaps best described by noted police scientist Egon B i ttner as "something ought not to be happening and something ought to be done about it now." However, the premise that prominently marked patrol cars enhance police visibility and, therefore, deter crime is di sputed by many pol i ce sci ence eval uators. A s such, the i ssue of marked pol i ce package vehi cl es and thei r associ aced costs meri is cl ose exami nati on in H awai ` i County. While the ratio of Hawai ` i County police officers to county population is reasonably consonant with many other j uri sdi cti ons across the nati on, the terri tory covered by the county's pol i ce f orce i s greater than many ci ti es or counti es of equal popul ati on. The map to the ri ght shows the County's eight police patrol districts. Among the county's large and remote rural subdivisions are Hawaiian Ocean View Estates in Ka` u with over 10,500 one -acre lots and Hawaiian Paradise Park in Puna extendi ng 4 mi I es I ong and 3 mi I es wi de, wi th over 8,800 bui I di ng I ots and 137 mi I es of roadways. Hawaii County NORTH KOHA LA Patrol Districts non HAMAKUA ' — NOkrH HILO ■� ooNoo cic W . Pan, SOUTH KOHAL4 • nx:wrem, e °> w,r,:.:.r Hile �� SOUTH a �,,:re eeacn Pax HILO Kealakehe Mc�� PUNA L Kea° o,a w IKONA KA•U The sheer size, sprawl, challenging topography, and o "° H.0 .E ®Nawan Vnlaanaes National Party substandard road conditions of many of the i sl and' s .o,e,r,et 5,a<,eae communi ti es add an extra di mensi on to the task of pol i ce patrol. The I sl and of H awai ` i encompasses some 4,028, square mi I es or 2,578,048 acres. A I ready, the number of bui I di ng I ots to accommodate popul ati on growth total s 128,2261 ots i sl and -wi de, accordi ng to the H awai ` i County R anni ng Department. If police officers throughout the county's rural districts are acknowledged to be "spread thin," would the i nfrequent presence of marked pot i ce fl eet cars effecti vet y I Essen the i nci dence of cri me? The studi es ci ted bet ow suggest that thi s proposi ti on i s questi onabl a at best. 04 1. National Institute of Justice Findings In 1997, the National Institute of Justice (N I J) issued a huge congressionally-mandated study titled Preventing Crime: What VUbrks, What Doesn't, What's Promising, A Report To The United States Congress. A mong i is cond usi ons was thi s summary on the effecti veness of pol i ci ng practi ces: There i s reasonabl a sci enti fi c certai my that the fol I owi ng pol i ce practi ces prevent cri me: extra police focused on high crime "hot spots," police units focused on serious repeat offenders, proactive enforcement of drunk driving laws, and arrests of employed suspects for mi sdemeanor domesti c vi of ence. There i s al so reasonabl a certai my that the fol I ow ng practi ces are i neffecti ve: i ncreased random patrols of entire beats, more rapid response time to 911 calls, neighborhood watch, arrests of some juveniles for minor offenses, arrests of unemployed suspects for domestic assault, arrest crackdowns at drug markets, and community polici ng programs with no d ear focus on cri me ri sk factors. The N I J study came to some surprising conclusions, including the "likely fai I ure to achieve crime preventi on merely by addi ng more pol i ce or shorteni ng response ti me across the board." I is survey of eval uati ve I i terature on cri me preventi on based on at I east two consi stent f i ndi ngs f rom I evel 3 scientific methods score (well- measured, before -after studies with a comparison group) and a preponderance of the other evidence in support of the same conclusion, showed several practices to be supported by strong evidence of effectiveness, and several with strong evidence of ineffectiveness, as fol I ows: What works • i ncreased di rested patrol s i n street- corner hot spots of cri me • proacti ve arrests of seri ous repeat offenders • proactive drunk drivi ng arrests • arrests of empl oyed suspects for domesti c assaul t What doesn't work • nei ghborhood block watch • arrests of some j uveni I es for mi nor offenses • arrests of unempl oyed suspects for domesti c assaul t • drug market arrests • communi ty pol i ci ng wi th no cl ear cri me-ri sk factor focus What's promising: • pol i ce traffi c enforcement patrol s aged nst i I I egal I y carri ed handguns • communi ty pol i ci ng wi th communi ty parti ci pati on i n pri on ty setti ng • communi ty pol i ci ng focused on i mprovi ng pol i ce I egi ti macy • zero tolerance of disorder, if legitimacy issues can be addressed • probl em- ori ented pol i ci ng general I y • addi ng extra pol i ce to ci ti es, regardl ess of assi gnments • warrants for arrest of suspect absent when police respond to domestic violence 0 The congressional evaluators bemoaned the lack of substantive findings on a wide array of crime issues. They coul d not i denti ty a si ngl e i mpact eval uati on of pol i ce practi ces on gang preventi on. They stated that police curfews and truancy programs lack rigorous tests. Police recreation activities with juveniles, such as Police Athletic Leagues, also remain unevaluated. They noted that automated identification systems, in--car computer terminals, and a host of other new technologies costing billions of dollars remai n uneval uated for thei r i mpact on cri me preventi on. Whi I e the N I J study chal I enged the meri is of " percei ved omni presence" provi ded by random pol i ce patrol work, i t di d provi de evi dente that a " preci se patrol presence' concentrated at " hot spots" and " hot ti mes" I essens the i nci dence of cri me i n those pl aces and ti mes. 2. The Kansas City Preventive Patrol Experiment The f ndi ngs of the N ati onal I nsti tute of Justi ce i n 1997 mi rrored a now famous 1973 pol i ce sci ence evel uati on known as the " Kansas Ci ty Preventi ve Patrol Experi ment." In 1972, with funding and technical assistance from the Police Foundation, the Kansas City Police Department launched a comprehensive, sci enti f i cal I y rigorous experiment to test the effects of police patrol on crime. The Kansas Ci ty experi ment sought to test the assumpti on, I ong het d val i d, that the presence or potenti al presence of off i cers patrol I i ng the streets i n marked pol i ce cars deters peopl e f rom commi tti ng cri me. The i mpl i cati ons of the study, now wi del y ci ted i n cri mi nol ogy texts, are si gni f cant. Bi I I i ons of dot I as are spent annual I y to mai ntai n and f d d uni formed and often superbl y equi pped pol i ce off cers who perform patrol work, wi del y acknowl edged as the backbone of pol i ce work. Thi s I andmark experi ment found that tradi ti onal routi ne patrol i n marked pol i ce cars does not appear to affect the I evel of cri me. N or does i t affect the publ i c' s feel i ng of securi ty. The experiment began in October 1972 and continued through 1973. Patrols were vari ed within 15 police beats. Routi ne preventi ve patrol was d i mi nated i n f ve beats, I abet ed "reacti ve" beats (meani ng offi cers entered these areas onl y i n response to cal I s f rom resi dents) . N ormal , routi ne patrol was mai ntai ned i n five "control" beats. In five "proactive" beats, patrol was intensified by two to three times the norm. The experi ment asked the fol I owi ng questi ons • Woul d ci ti zens noti ce changes i n the I evel of pol i ce patrol ? • Woul d di fferent I evel s of vi si bl a pol i ce patrol affect recorded cri me or the outcome of vi cti m surveys? • Woul d ci ti zen fear of cri me and attendant behavi or change as a resul t of di fferi ng patrol I evel s? • Woul d thei r degree of sati sfacti on wi th pol i ce change? I nformati on was gathered f rom vi cti mi zati on surveys, reported cri me rates, arrest data, a survey of I oval busi nesses, atti tudi nal surveys, and trai ned observers who moni tored pol i ce-ci ti zen i nteracti on. Major Findings I nteresti ngl y, ci ti zens di d not noti ce the di fference when the I evel of patrol was changed. What i s more, i ncreasi ng or decreasi ng the I evel of pol i ce patrol had no si gni f cant effect on resi dent and .I commerci al burgl ari es, auto thefts, I arceni es i nvol vi ng auto accessori es, robbed es, or vandal i sm- cri mes tradi ti onal I y consi dered to be prevented by random, hi ghl y vi si bl e pol i ce patrol. The rate at whi ch cri mes were reported to the pol i ce di d not di ffer i n any i mportant or consi scent way across the experimental beats. Citizen fear of crime was not affected by different levels of patrol. N or was ci ti zen sati sf acti on wi th pot i ce. " Ri deal ongs" by observers duri ng the experi ment al so reveal ed that 60 percent of the ti me spent by a Kansas City patrol officer typically was noncommitted. In other words, officers spent a considerable amount of time waiting to respond to cal I s for service. And they spent about as much ti me on non - police related activities as they did on pol i ce- rel aced mobi I e patrol . Implications The f i ndi ngs do not prove per se that a highly visible police presence has no impact on crime in selected circumstances. What they do suggest, however, is that routine preventive patrol in marked police cars has I i ttl a val ue i n preventing cri me or making citizens feel safe. The overall implication is that resources ordinarily al I ocated to preventive patrol could safely be devoted to other, perhaps more producti ve, cri me control strategi es. M ore speci f cal I y, the resul is indicate that police deployment strategies could be based on targeted crime prevention and service goal s rather than on routine preventive patrol. It is important to note that this experiment was conceived and executed by a local pot i ce department wi th techni cal hel p from outsi de researchers. The Kansas City experiment showed that routine patrol had no significant effect on crime rates, ci ti zen fear of cri me, or ci ti zen sati sfacti on wi th pol i ce servi ces. Kansas City Police Chief Joseph McNamara concluded, "The results repudiated a tradition prevai I i ng i n pol i ce work for al most 150 years." Commenting on the Kansas City experiment, University of Del aware police scientist Carl KI ockars echoed that poi nt: " I t makes about as much sense to have pol i ce patrol routi nel y i n cars to f i ght cri me as it does to have firemen patrol routinely in fire trucks to fight fire." Writing in the New York Post (June 23, 2003), Peter M oskos, an ex-Baltimore policeman and Harvard Ph. D. candi date, offered thi s i nci si ve anal ysi s of the effecti veness of urban pol i ce patrol: " I n the 1950s and 1960s, some thought that technology and social progress could el i m- i nate cri me ... Pol ice were moved from the street to patrol cars to handle the demand from the newt y establ i shed 911 system. Pol i ce effi ci envy was j udged by response ti me and numbers of arrests (rather than the rising crime rate). Car patrol now consumes most police manpower —but it doesn't prevent crime. Rapid response works fine for fires and heart attacks, but I eads to an arrest i n I ess than 3% of seri ous cri mes... V\hen I walked the beat, often at 4:00 a.m. in Baltimore's worst neighborhood, I learned more about the area i n one hour than I di d i n seven hours i n a car. Drug deal ers were shocked when thei r I ookouts cal I ed me out, ` fi ve-oh, on foot.' And i t was ni ce to hear the j oy i n one woman's voice as she left her house before dawn to go to work. 'God bless you two, I i ke angels in blue.' In cars, you see mostly scowls." 41 Such cri ti cal anal ysi s of the effecti veness of routi ne motori zed patrol contri buted, i n part, to a shi ft i n the 1990s toward " communi ty pol i ci ng" strategi es ai med at col I aborati ve, proacti ve i nteracti on wi th ci ti zens and community groups to deter and solve cri mes. I n A ugust, 1997 the I nsti tute for Law and Justi ce, I nc. and the Center for the Communi ty I nterest ref eased a report ti tl ed Ci ti zen Acti on for Nei ghbor hood Safety, Communi ty Strategi es for I mprovi ng the Qual i ty of Life. It was prepared for and funded by a grant awarded by the Executive Office for Weed and Seed, U.S. Department of Justice. It stated: " Historically, most police departments have given higher priority to law enforcement tactics I i ke preventive patrol, rapid response, and investigations than to order maintenance and service delivery. But research and experience have shown that these taati cs have fai I ed to si gni fi cantl y reduce cri me because they are I i mi ted to reacti ng to cri mes that have al ready taken pl ace or to si tuati ons that have al ready reached cri ti cal I evel s. Preventive Patrol. Random patrol does not necessarily reduce or deter crime, disorder, or the fear of cri me. I sol ati ng offi cers i n patrol cars and ensl avi ng them to the radi o has resulted in less dialogue between the police and the community. Rapi d Response. Rapi d response sel dom i ncreases the probabi I i ty of maki ng an arrest or identifying a witness. Rapid response is not as critical as previously believed because there i s typi cal I y a del ay before ci ti zens cal I the pol i ce. Retrospecti ve I nvesti gati on. Cri mi nal i nvesti gati ons are not extremel y effecti ve. Some studies show that only about one in five reported crimes results in arrest. In many communities, only about one - fourth to one -third of all crimes, depending on the crime type, are even reported to the pol i ce." I n 1999, the N ati onal I nsti tute of Justi ce i ssued two research reports on communi ty pol i ci ng efforts i n St. Petersburg, FI on da and I ndi anapol i s, I ndi ana. Contrary to wi del y hel d bet i efs, the studi es showed that patrol offi cars typi cal I y were not engaged i n " reacti ve" response duti es. The researchers found that St. Petersburg off cers spent, on average, one - fourth or one -thi rd of thei r ti me not on specific tasks, but rather on general patrol or personal business. 911 - response officers were typically free of dispatcher or supervisor assignments for 5-6 hours of their 8-hour shift. The I ndianapolis study reported that on a typi cal shi ft, 71 % of an off cer' s ti me was free of assi gnments f rom di spatchers, supervisors or other officers. On average, 44% of officer time for self - directed tasks was available in bl ocks of at I east 60 mi nutes, suggest ng that off i cers had avai I abl a bl ocks of ti me to engage i n sped f i c communi ty pol i ci ng proj ects. B. Snapshot: Crime Statistics in Hawai'i A bri of exami nati on of reported cri me stati sti cs i n H awai' i suggests that nei the- the i nci duce of cri me nor effecti ve cri me-fi ghti ng strategi es have much, i f anythi ng, to do wi th the make and model of pol i ce patrol cars. I n October, 2003 the State Attorney General's semi - annual U ni form Cri me Report showed that overal I crimes statewide fell 2.1 percent compared with the same period last year. However, that was I argel y attri butabl a to a 6.4 percent drop i n Oahu's property cri me, whi ch accounts for most of the state's cri me stati sti cs. L, For the third consecutive year, H alvai' i led the nati on in I arceny -theft cases, according to FBI statistics for 2002. The Uniform Crime Report showed that Hawaii had 3,964 larceny -theft cases per 100,000 resi dents. That number i s fol I owed by Washi ngton, D. C., whi ch had 3,802 cases, and A ri zona, whi ch had 3,694. Hawai is overal I property cri me rate al so remai ned among the top three states, droppi ng from second hi ghest i n the nati on i n 2001 to thi rd hi ghest i n 2002 wi th 5,782 cases per every 100,000 resi dents reported. H awai' i' s auto theft ranking also rose nationally, to fourth highest in the nation. FBI crime statistics reported 796 auto thefts i n Hawaii for every 100,000 resi dents i n 2002. On Oahu alone, police reported a nearl y 52 percent i ncrease i n auto thefts. On the N ei ghbor I sl ands — M aui, Kauai and H awai' i — property and violent crimes increased. I n M aui County, whi ch i nd udes M of okai and Lana', vi of ent cri mes went up 15.1 percent whi I e property crimes went up 13.6 percent. H awai' i County's violent crime rate rose 22.5 percent whi I e i is property cri me rate d i mbed 6.3 percent. Kauai County's violent crime jumped 35.4 percent whi I e property crime rose 1.9 percent. Hawaii crime increases in 2002 Total nu mher of crimes reporled for 2001 end 2002: CRIME 2002. 2002 Murder/non- negligent manslaughter 32 24 Forcible rape 4O9 372 Robbery 1,142 1,210 AggraVated assault 1534 1,656 TOTAL VIOLENT CRIME 3,117 3,262 Burglary 11,162 12,722 Larceny /theft 44,925 49,344 Motor vehicle theft 6,743 9.910 TOTAL PROPERTY CRIME 62,839 71.976 TOTAL CRIME 65,947 75,23$ ..i .. i•' I I:: the Honolulu Adve z—, M aui County and Kauai County uti I i ze marked pol i ce fl eet vehi d es. H awai' i County does not. A nd yet, the Hawaii County Police Department has registered some of the highest clearance rates statewide in recent years. The 2001 -02 Hawaii County Police Department annual report states. "The Department Conti nued to I ead the state i n d earance rates for al I categori es of i ndex cri mes." Based on these recent cri me stati sti cs, how can one cond ude that use of marked pol i ce vehi d es has any A utary effect whatsoever on cri me preventi on or reducti on? What, then, does account for the recent ri se i n I arceny and property cri me i n H awai i ? H onol ul u Ci ty Prosecutor Peter Carl i sl a attri butes the ri se i n property cri me to crystal methamphetami ne, or i ce. A graphi c (shown on the next page) based on stati sti cs compi I ed by the state attorney general conf i rms the correspondent ri se i n property cri mes and the " i ce epi demi c" si nce 1999. Ice turned up in 40% of men arrested by Honolulu police from January- September 2001, the highest percentage among 30 U.S. ci ti es, accordi ng to a nati onal drug moni tori ng program overseen by the U. S. Justice Department. Carl isle champions longer prison terms for property crime offenders. H e al so laments lenient sentencing. " I f you i ncapaci tale cri mi nal s you stop cri me. We've stopped thi nki ng I i ke that," he sai d. " A nythi ng that has al I owed property offenders to be gi ven mul ti pl a chances so that thei r cri mi nal i ty escal aces contri butes to the current problem." On September 14, 2003, H onol ul u Star- Bul I eti n reporter N d son Daranci ang wrote. " H onol ul u pol i ce say methamphetami ne i s the dri vi ng force behi nd the state's hi gh property cri me rate — addi cts steal i ng to support thei r i ce habi t." 43 The Star -Bul I eti n reported that Hawai ` i County vice officers spend nearly 90 percent of thei r time on cases i nvol vi ng hard drugs such as cocaine, heroin and ice, according to Captain Sam Thomas, H awai ` i County Pot i ce Department Criminal Investigation Division commander. Captain Thomas added that a corresponding rise in ice cases, arrests and seizures on Oahu and the Big Island was attributable to " greater community involvement." " The publ i c i s cal I i ng i in more and het pi ng us more," he sai d. In April, 2003 H awai ` i County police established a 24 -hour V i ce/Ti p H otl i ne. Cal I ers are gi ven a tracki ng number so they can call back to find out the status of the case or offer additional i nformati on. The hot I i ne numbers are 329 -0-1 CE (329-0423) for West Hawai ` i and 934 -V I CE (9348423) for East H awed ` i . Additionally, H CPD has establ i shed distinct squads in East and West H awed ` i focused sot el y on i ce i nterdi cti on and enf orcement. Property crimes A breakdown of Hawaii property crimes in the first six months of 2W3- Larceny - theft Motor vehicle that 15% "ur Lary 177 Reported property crimes in the first six months of 1993 to 2003 50,004 40,004 30,004 2f },f}I14 - - f },f}I14 4 H9495%979899W010203 5ul]IeP.: Hawali rletla�tmg111 «f the AtwmcyGrncr:J STAR- BULLETIN The incidence of various property crimes represents the single greatest victimization of citizens in H awai ` i County. I in 2000, " FedStats" reported H awed ` i County cri me stati sti cs as shown bet ow: Among all reported crimes in the 2000 FedsStats survey, burglary (1,449), larceny-theft (4,355) and motor vehicle theft (384) accounted for 96% of all serious crimes. These are the crimes most citizens commonly experience. They also account for the greatest number of unsolved cases. Sl mi I arl y, surveyed " Offenses Known to Pol i ce and Cl earances, By Type Of Offense, H awai ` i County: 2002" [ H awai ` i County Data Book, 2002] show the lowest clearance rates for burglary (15.7 %), larceny (22.4 %) and auto theft (24.2 %). Combined, these three reported or known offenses accounted for 6,918 of al I seri ous (Part 1) offenses (7,141) commi tted i in 2002. FEDSTATS — HAWAI'I COUNTY, 2000 Crime I Number Total 6,470 Murder 4 Rape 53 Robbery 54 Aggravated Assault 126 Burglary 1,449 Larceny - theft 4,355 Motor vehicle thefts 1 384 Population 1 148,677 Coverage indicator 1 100% I in short, those cri mes that are, by thei r nature, steal thy and typi cal I y unobserved may prompt the greatest publ i c anxi ety and di ssati sfacti on over the state of publ i c safety i in H awed ` i County. The table shown on the next page (Hatvai ` i County Data Book, 2002) shows that the number of sworn H awai ` i County pot i ce off i cers has i increased by onl y 19 f rom 1997 to 2002. However, resident population has grown from 141,500 in 1997 to 154,800 in 2002, thereby increasing the number of resi dents per pot i ce offi cer from 396 i in 1997 to 412 i in 2002. ._ Table 4.2-RATIO OF RESIDENT POPULATION TO POLICE OFFICERS, HAWAII COUNTY: 1997 TO 2002 ) Bt ! pg! Ef df ncf s! 42" Subject 1997 1998 1999 2000 2001 2002 Upubrd Cpnj df ! Ef gbsunf ou! 20! 5: 2! 593! 5: 7! 623! 638! 621 Txpso! 468! 456! 475! 491! 4:2! 487 Dj vy nj bo! 30! 245! 248! 243! 243! 247! 245 ........... ............................... Sf t i of ou! gpgvrrbuj po! ) 2- 111' ! 252/6! 254/2! 253/5! 259/8! 263/2! 265/9 C p/ ! pg! of st pot ! of s! gpnj df ! pggj df s 4: 7! 526! 4: 2! 4: 2! 49:! 523 ........... ............................... 20! Bduvbrri t usf ohui / 30! Epf t ! opu! j odrrvef ! of nqpsbsz- ! gbsu. uj of - ! ps! t i psu. of sn! f ngrrpzf f t / Tpvsdf ; ! I bxbj i j ! Dpvouz! Cpnj df ! Ef gbsunf ou- ! sf dpset / One of the most reveal i ng f ndi ngs contai ned i n the 2002 Data Book [Tabl e 4.4, shown bel ow] i s a 23- year survey of the i nd dence of cri me i n H aNai ` i County. I t shows that for cri ti cal cri me i ndex offenses - murder /negl i gent mansl aughter, rape, aggravated assaul t, burgl ary, I arceny and auto theft - trends poi nt to an overal I I esseni ng of cri me i n H auvai ` i County, as measured by offenses commi tted per 100, 000 resi dent popul ati on. I s thi s wel come devel opment attri butabl a to the i ncreasi ng effecti veness of the H aAtai ` i County Pol i ce Department, county prosecutors, the courts, or to a generally more I acv- abiding citizenry? Or all of the above? Survey data of motor vehicle traffic accidents by districts from 1991 -2002 shows that whi I e acci dents have i ncreased i n recent years, total reported acci dents i n 2002 (6,090) were still fewer than the number posted in 1991 (6,455), when there were fewer cars on the road. For H awai ` i County, crime survey data points to a vexing, ongoing question in contemporary pol i ci ng: i s a communi ty best served by motorized patrolling police officers, or by officers performing assign- ments focused on community -based problem - solving and ongoing i nvesti ga- ti ons? Year ----------------- 1980 Table 4.4 -CRIME INDEX OFFENSES AND NUMBER OF OFFENSES COMMITTED PER 100,000 RESIDENT POPULATION, HAWAI'I COUNTY: 1980 TO 2002 Offenses committed Actual crime Resident per 100,000 resident indoc offenses 1/ population population --------------------- ------------------ - - - - -- ---------------------------- 5,207 92,053 5,657 1981 5,623 97 000 5,797 1982 '11 98,000 5,629 1983 4 869 101 000 4,821 1984 4,697 106,400 4,431 1985 5,111 109,700 4,659 1986 5,339 111,800 4,775 1987 4,934 115,200 4,283 1988 5,909 117,500 5,029 1989 6,831 122 300 5,585 1990 7,460 120,317 6,200 1991 7,226 121,300 5,957 1992 6,895 130,500 5,284 1993 6,880 133,200 5,165 1994 7.116 135,500 5,252 1995 7,074 137,500 5,126 1996 6,855 139,700 4,896 1997 7,317 141,500 5,153 1998 6,757 143,100 4,722 1999 5,815 142,400 4,095 2000 6 425 148 700 4,321 2001 6 985 152 100 4,592 2002 1 6.936 1 154.800 1 4.481 1/ Crime index offenses include: murder/ negligent manslaughter, rape, robbery, aggravated assault, burglary, larceny, and auto theft Source: H CPD, Annual Reports 1980/ 81- 1987/ 88, and records This study does not answer that question. We lack the I aAt enforcement experi ence or experti se to venture an overal I strategy for reduci ng property cri me. What does seem d ear, however, i s that the effecti veness of patrol and the rol a of pol i ce cars warrants f urther, caref ul and straeegi c consi derati on. The studi es ci ted above strongl y suggest that motori zed pol i ce patrol, whi I e enabl i ng rapi d response to reported cri me scenes or publ i c di sturbances, may y el d far I ess benef i t to the task of overal I publ i c safety and cri me deterrence than i s wi del y bel i eved (or expected) by the publ i c. 45 Thi s commentary i n no way i s i ntended to i mpugn the di I i gence or dedi cati on of pol i ce beat off cers. Rather, it is offered as evidence that the traditional policing practice of random motorized patrol — whether in marked or unmarked cars — may be of less consequence in the overall scheme of crime preventi on and publ i c self ety than i s wi del y bet i eved. One of the most td I i ng observati ons about pol i ce practi ces and cri me preventi on contai ned i n the 1997 N I J study concerns the wi de gap between academi c and pol i ti cal opi ni on. Whi I e the publ i c typi cal I y supports a noti ceabl a pol i ce patrol presence, many cri mi nol ogi sts general i ze that " vari ati ons i n pol i ce practi ce or numbers make I i ttl a di fference i n cri me' (Gottfredson and H i rschi , 1990; Fel son, 1994) . The N I J eval uators observed that broad brush i ni ti ati ves such as the 1994 Cri me A ct that provi ded federal fundi ng for 100,000 neN pol i ce off cers nati onwi de effecti Ay put " pol i ce where the peopl a are, not where the cri me i s." M oreover, the N I J authors noted that concentrati ng fundi ng i n nei ghborhoods that most need the pol i ce " woul d f I y i n the f ace of di stri buti onal pol i ti cs." I n summati on, whi I e marked pol i ce patrol vehi cl es undoubtedl y add to pol i ce " vi si bi I i ty," the assumpti on that vehi d e -based patrol pol i ci ng deters cri me and markedl y i mproves publ i c safety i s questi onabl e. Thi s observati on i s not offered to ref ute advocates of standard pol i ce f l eet cars or enhanced pol i ce vi si bi I i ty. I t i s offered as cauti onary commentary: on occasi on, empi ri cal data confounds what i s purported to be pl ai n common sense. C. The Merits of Take -Home Cars and "Assigned Vehicle Programs" What i s more certai n i s the benef i t of al I owi ng pol i ce off i cers to dri ve assi gned vehi d es to and f rom work. A number of studies have looked at the effectiveness of "take—home' fleet patrol cars. A 1997 study published in the International Journal of Police Strategies and Management compared two police fleet programs in San Diego County. The study combined qualitative and quantitative data collection methods to eval uate the cost- effecti veness of a personal I y -assi gned vehi d e program vs. a conventi onal pool car program. The authors (Zhang; Benson) concl uded that personal I y -assi gned vehi d es were the most cost - effecti ve to mai ntai n. M oreover, offi cers assi gned personal vehi d es reported I ess j ob stress and hi gher moral e. Zhang and Benson evaluated the Personal Police Vehicle Program (PPV) in Escondido, California and cond uded that " pool cars cost far more than the personal I y- assi gned vehi d es to mai ntai n i n both parts and mechanic labor." They also found that assigning vehicles to officers increased officer morale, had a posi ti ve i mpact on police response time, and enhanced pol i ce vi si bi I i ty in the communi ty. Officer morale is widely cited as a benefit of a take -home car policy. Commenting on a neNl y implemented take -home car program by the Winter Haven (FL) Police Department, Chief Darrell Kirkland stated: "A police vehicle take -home program is an important tool in the recruitment and retention of qualified candidates and experienced police officer ... it's a good morale booster for our members." A vehi cl e take- home pl an i n A I buquerque, N M echoed these f i ndi ngs, ci ti ng si gni f i cant reducti ons i n the crime rate (for robbery, aggravated assault, burglary, auto theft, and theft under $50) of St. Paul, A rl i ngton, and Pri nce Georges County after the i ntroducti on of a take -home vehi d e program. I mproved pol i ce community ref ati ons was al so ci ted as an advantage of such a pol i cy. 01 In 1997, the city council of Tacoma, Washington (pop., 186,000) commissioned a study by three economists from the University of Puget Sound to expl ore whether the assignment of vehi cl es to al I patrol off cers, as opposed to a pool ed f I eet, woul d i mprove departmental performance and be cost- effecti ve. The study was prompted by an initiative by the Tacoma police chief to equip all rank-in-file patrol offi cers wi th assigned cars. In the chi ef' s vi env, assigned patrol cars woul d enhance community policing and, when equi pped wi th mobi I e data termi nal s (M DTs) ai ded by computer di spatch, woul d serve as " mobi I e work stati ons" enabl i ng off cers to step i nto vehi d es from thei r homes, turn on the M DT, be bri efed, and i mmedi atel y begi n thei r shi ft i n the f d d. Thi s i ni ti ati ve d i ci ted much i ni ti al cri ti ci sm, i nd udi ng newspaper edi tori al s characteri zi ng the proposal as a " uni on perk", " pol i ti cal payback" and a " Trcj an horse." Therefore, before commi tti ng to a take -home assi gned vehi d e program proposed by the Tacoma pol i ce chi ef, the Tacoma city cound I d ected to fund a one -year trial project measuring the impact of such program on productivity, costs, community percepti ons of nei ghborhood safety and the i nd dence of cri me i tsel f. To col I ect and assess data for the project, operating costs (gas, oil, tires, accidents, repairs and mai ntenance) were moni tored for some 30 assi gned vehi d es and a comparabl a control group fl eet sampl e. Activity logs kept by patrol officers with assigned cars reported actions during commutes and off -duty peri ods. Pre- and post - program surveys exami ned the percepti ons of nei ghborhood resi dents regardi ng crime, safety and police visibility. Project consultants (Mann, Goodman, Baarsma) reviewed the experi ences of other communi ti es where publ i c safety departments had i mpl emented assi gned vehi d e programs, i nd udi ng a stati sti cal anal ysi s of over 90 metropol i tan areas to assess the i mpact of vehi d e assi gnment confi gurati ons on cri me stati sti cs and property val ues. Pri nci pad f ndi ngs of the Tacoma study i ncl uded the fol I owi ng (1) assi gni ng vehi cl es woul d reduce costs dependi ng on the si ze of the f I eet; (2) the producti vi ty of patrol off cers woul d i mprove; (3) the use of assi gned vehi d es woul d I i kd y reduce cri me, (4) the use of assi gned vehi d es woul d not i mprove c ti zen percepti ons of pol i c ng; (5) the use of assi gned vehi d es woul d i mprove off cer moral e; and (6) the benefi is of an assi gned vehi d e program outwei gh the cost. Based on mileage recorded and repairs and maintenance incurred, the study surmised that while the average pool patrol vehicle was removed from service after four years (89,000 miles), the average assi gned vehi cl a woul d remai n i n servi ce for 7.25 years. For accounti ng and anal ysi s, the study adopted a ei ght -year program I i f cycl e. The study concl uded that operati ng cost for a pool vehi d e for ei ght years was $81,739, whereas the operati ng cost for an assi gned vehi d e was $28,133. The I argest percentage of savings was real i zed from reduced accident costs. During the study period, reported major accident i nd dence was 84% bet ow that of pool vehi cl es. Duri ng the study peri od, off cers i n assi gned cars reported respondi ng to some 734 pol i ce-rd aced events whi I e off duty. The ml on ty of off -duty responses " resul ted from off cers i n an assi gned vehi cl a seei ng a probl em and respondi ng from thei r own i ni ti ati ve." Over the span of ei ght years, the study esti mated that a " ful I y assi gned fl eet wi I I add more than $3.4 mi I I i on worth of patrol servi ces," a net toted benefi t of $2 mi I I i on despi to the i ni ti al steep capi tal outl ay. W th respect to cri me deterrence, the report stated that " the presence of vehi d es i n nei ghborhoods duri ng off -duty hours can reduce cri me due both to detecti on and deterrence." Based on i is survey of 92 ci ti es — 17 with assigned vehicles (A V s) and 75 without — the study asserted that " A V s significantly (in both the 47 statistical and absolute sense) reduce crime." The authors concluded that "this result is consistent with the argument that A V s serve as a productivity enhancing capital complement to the production of police services and thereby assi sts as a si gni fi cant crime deterrent." The tabl e shown bell ow from the Tacoma study presents i nformati on for the enti re sampl a of 92 ci ti es and two subsets, one containing only those cities with personally-assigned vehicles (PAVs), the other consisting of those cities without PAVs. On average, crime was I ess i n those cities having PAVs, with the number of pol i ce off cers nearl y i denti cal i n both subsets of data TACOMA STUDY: TABLE 2 COMPARISON OF SAMPLE AVERAGES FOR KEY VARIABLESACCOLINTING FOR PAVs Sample Characteristics No. Cities Crime POLPOP POL POP Total Sample 92 8,926 19.4 356.6 181,900 Samplewith only PAVs 17 7,981 18.7 357.5 190,400 SamDlewithout PAVs 75 9.140 19.5 356.3 179.890 KEY: POP (Population); POL; (Average number of police officers per city); POLPOP: (Number of police per 1,000 people) H owever, Tacoma' s one -year pi I of proj ect di d not demonstrate any change i n the percepti on of ci ti zens regardi ng pol i ce vi si bi I i ty or the percei ved i nci dente of cri me. The study stated that " the proporti on of resi dents who reported havi ng seen patrol cars i n thei r nei ghborhoods i n the post- proj ect survey remai ned about the same as i n pre- proj ect survey." A n expected " bi I I board effect" — i.e., the expectati on that the presence of more marked vehi cl es on the streets woul d make peopl a feel safer — di d not materi al i ze. Whi I e resi dents reported seei ng vehi cl es, they di d not report " any si gni f i cant i ncreased feel i ng or percepti on of i mproved safety." The report stated that "the touted visibility benefits from having cars in neighborhoods might not exist at the perceptional level." I nteresti ngl y, the study reported that some of the expectati ons of pol i ce off i cers al so di d not materi al i ze. It concluded: "The anticipated costs of having a vehicle, being bothered while off duty, vandalism, personal care for the vehi d e, whi I e i ni ti al I y imagined, did not materialize." D. The Importance of Transparency in Police Work What i s more certai n — though di f f i cul t to quanti fy — i s the I i kel i hood that marked pol i ce patrol cars serve to enhance publ i c assurance that off cers are " on the j ob" i n vehi d es that convey an i mage of publ i c service and transparent I aw enforcement. One of the cond udi ng f ndi ngs of the N I J study was that " a growi ng body of research suggests that pol i ce legitimacy prevents crime. Tyler (1990) found a strong correlation across a large sample of Chicago ci ti zens between the percei ved I egi ti macy of pol i ce and wi I I i ngness to obey the I acv. Would deployment of Detroit model police cars with prominent makings and light bars enhance police I egi ti macy i n H awal i County? U nti I the proposi ti on i s tested, any answer i s specul ati ve. For some i sl and ci ti zens — i nd udi ng many f i rst- generati on resi dents accustomed to U. S. M ai nl and pol i ce department practices — marked police cars are seen as standard police infrastructure. M oreover, M ai nl and -styl a pol i ce cars of uni form makes and model s, col or, embl em marki ngs, I i ght bars and si rens represent an i mage of I aw enforcement " heft" and prof essi onal i sm. Ent For some citizens accustomed to that standard, H awai ` i County's non - standard assortment of 2- and 4- door cars i n a mul ti tude of col ors wi thout embl ems or departmental i denti f i cati on mi ght connote a I esser standard of publ i c servi ce symbol i sm and I egi ti macy. Thi s vi ewpoi nt has been asserted i n numerous news arti des and I etters- to-the - editor during the past year. Sti I I other c ti zens were cri ti cal of dark) y ti nted wi ndows on some county pol i ce cars. Tinted windows almost certainly add to the itinerate image of many county police cars. As a I i teral barri er to eye contact, dark) y ti nted wi ndows di sconnect ci ti zens from publ i c safety off i cers. On June 28, 2003 Teddy Hunter posted an entry on the West H awai ` i Cri me Stoppers websi te, sayi ng: " 1, too have wi tnessed several pot i ce cars wi th what I ooks I i ke dark ti nt. Who can I comp) ai n about that to ?' He added, "Having moved here from Kentucky, even the smal 1 er departments had marked pot i ce vehicles." A nother entry recommended d i mi nati on of " darkl y ti nted wi ndows as they make i t very dangerous for pedestrians." On the other hand, many i sl and c ti zens are I ong accustomed to H awd ` i County Pol i ce Department pot i cy concerni ng personal pot i ce cars and seem to have no i ssue wi th i is conti nuance. I t i s enti ref y possi bl a that some c ti zens regard county pot i ce cars as " I ai d back" and non- threateni ng. Such a cut tural di sposi ti on may afford cal m to pot i ce presence, " i sl and -styl e." H ow i mportant are these matters of pot i ce vi si bi I i ty and I egi ti macy? The chat I enge, stated the N I J study, " i s to devel op programs that make pot i c ng si mul taneousl y more focused i n what they do to prevent cri me and more pot i to i n how they do i t." Pot i ce legitimacy and visibility matter to the law-abiding public. It is preci set y I aw -abi di ng citizens who look to the police for aid, protection and helpful crime-solving. These are the citizens who most readily call in tips, support Pot i ce Athletic Leagues, sport SH OPO bumper stickers, and mai ntal n Crime Stoppers chapters. They welcome conspicuous pot i ce presence in their communities. I t i s not al ways certed n that pot i ce off i c al s f ul I y appred ate thi s di sti ncti on between the I aw -abi di ng publ i c and those who commit crimes. On September 24, 2003 the Honolulu Star-Bulletin reported on Mayor Kim's request to the H awai ` i County Police Department to look into "ways to increase pot i ce visibility in the community." The anti d e quoted Brandon Stone, a Honolulu Pot i ce Department spokesman, who cited the advantages of a subsidy system and contested the premi se that marked pot i ce cars i ncrease pot i ce vi si bi I i ty better than subsi di zed vehi d es. "A nyone who I i ves here knows what a pot i ce vehi d e I ooks I i ke, they real I y don't need some fancy marki ngs." Stone sai d. " Bad guys know what cop cars I ook I i ke." Thi s comment, whi I e I i kel y true of " bad guys," seems to mi ss the poi nt wi th regard to the I aw -abi di ng publ i c that takes comfort i n the vi si bi I i ty of pot i ce cars. The foregoing discussion suggests that purchase and deployment of county -owned Detroit model "police package' vehicles is not the only means to achieve or enhance police "visibility." M any pol i ce departments uti I i ze standard makes and model s that I ack some of the capabi I i ti es of Ford Crown V i ctori a i nterceptors. So-cal I ed " pol i ce servi cd' vehi d es — usual I y 4 -wheel dri ve vehi d es — al so I ack many of the enhanced features of pol i ce package cars. What i s commonpl ace, however, i s standardi zati on of col or, detailing, light bars and emblem identification. These are the customary means by which police departments def i ne and saturate an i mage of vi si bi I i ty and servi ce to the publ i c. One proposal advanced by Wi I I i am Shel or ( West H awai ` i Cri me Stoppers websi te) cal I s for pri vatel y funded and donated embl ems and I etteri ng for cars currently used by Hawai ` i County pol i ce off cers. Shel or asserts: " Thi s woul d take care of the vi si bi I i ty i ssue, and woul d be much easi er to get the pol i ce chi of and uni on to agree to these changes. The publ i c i n general woul d embrace thi s sol uti on, as i t woul d not requi re any radi cal changes to the exi sti ng pol i ce force, and woul d requi re I ess taxpayer funds than getti ng i nto the busi ness of buyi ng and operati ng a f I eet of cars." What, then, would prohibit the H awai ` i County Pot i ce Department from painting its current roster of subsi di zed cars a standard whi to (normal I y the cheapest col or to mai ntai n) wi th standardi zed departmental detai I i ng and embl ems? If the department's general orders can specify wheel base and other sped f i cati ons, i s there any reason that a pai nt j ob and detail I i ng (at county expense) coul d not be requi red? The County Cound I or the M ayor mi ght pose thi s questi on to the Pol i ce Chi ef, Corporati on Counsel and SH OPO. A n i of ormal Corporati on Counsel opi ni on on the matter of " i nscri pti on" of county pol i ce cars i s presented I ater i n the secti on and sheds some I i ght on the matter. The issue of negotiating a standard color scheme for police in a police union contract is not without precedent. In 1993, the City Auditor of San Jose, California recommended that the city " negoti ate wi th the Police Officers Association to al I ow the V ehi d e Maintenance Division of the Department of General Services to change the bid specifications for police patrol vehi cl es to reflect a bad c white paint scheme." Presently, the SH OPO contract (Article 18, Section C—' V ehi d e Sped f i cati ons") states: "The Employer shat I determi ne the sped f cati ons of such vehi d es." E. Police Visibility and Traffic Enforcement The i ssue of pol i ce car vi si bi I i ty has f urther i mpl i cati ons i n H awai ` i where, i n I i eu of any state hi ghway patrol, county pol i ce departments perform al I tradi ti onal traffi c enforcement functi ons. I n rev ewi ng the I i terature surroundi ng standardi zed pol i ce car marki ngs and thei r effect on traffi c safety, the exampl a set by Great Bri tai n i s noteworthy. Dri ve A nd Stay A I i ve, I nc., an organi zati on dedi rated to reduci ng road deaths i n the U. S., states that " i n the U ni ted K i ngdom, where the rate of road crashes, fatal i ti es and seri ous i nj uri es i s the I owest (i. e., the best) i n the worl d, vi rtual I y al I pol i ce cars are desi gned for maxi mum conspi cui ty and often park i n very promi nent I ocati ons so that al I dri vers can see them d earl y." Dri ve A nd Stay A I i ve states that " the move to maxi mi ze the conspi cui ty of patrol cars by Bri ti sh pol i ce f orces, has taken pl ace over the I ast 10-15 years.,, I n i is 2002 anal ysi s of traff i c deaths i n the 50 states and nati ons wort dwi de, Dri ve A nd Stay A I i ve ranked the U. K. i n f i rst pl ace wi th 6.1 deaths per 100, 000 popul ati on, whereas H awai `i' s 119 traff i c f atal i ti es i n 2002 pl aced i is deaths per popul ati on (1.26 mi I I i on) rate at 9.4. At 18. 1, H awai ` i County's 2002 rati o of 50 traffi c fatal i ti es (28) per popul ati on (154,794) was nearl y doubl a the state rati o. I n 2003, wi th 35 recorded traffi c fatal i ti es i n H aivai ` i County, thi s rati o was sti I I hi gher. Other pri or year rati os of H aivai ` i County traffi c fated i ti es per 100,000 popul ati on are shown bel ow: Year No. Traffic Fatalities Population Ratio 2001 31 152,083 20.4 2000 38 149,199 25.5 1999 31 146,970 21.1 D ri ve and Stay A I i ve observes that col or schemes of pol i ce patrol cars vary wi del y both internationally and within the U.S., but " i n al I cases they are meant to be readily identifiable ... to assist with officer safety at traffic stops and accident scenes and to increase deterrence among dri vers who mi ght otherwi se be breaki ng traffic I aNs if they failed to see a police vehicle." [Right: British "Skoda" patrol car in checkered paint design. As in other European nations, UK forces often write the word 'police' backwards across the hood so that it may be easily read through a rear view mirror.] The subj ect of " conspi cui ty" i n pol i ce cars and i is i mport for traffi c safety di d not factor promi nentl y i n any of the studi es performed by H CPD to date. The bri of Puna patrol experi ment wi th I eased marked cars reported no improvement in the incidence of traffic violations. Meanwhile, a number of studies (A meri can A utomobi I e A ssoci ati on, Washi ngton State Pol i ce, et al.) have shown that unmarked pol i ce cars have proven effective in apprehending speeding drivers and" high occupancy vehicle' I ane vi of ators. What distinguishes these differing I acv enforcement philosophies is an emphasis on prevention via conspi cui ty versus violator citation via stealth tactics. This report makes no conclusion as to which school of traffic enforcement is most effective. In all likelihood, a mix of both varieties of police presences on the roads i s advantageous. What we suggest meri is consi derati on, however, a more uni form and conspi cuous standard for county pol i ce vehi cl es, pred sal y because H aNal `i (uni quad y) has no state highway patrol. F. Proposed Guidelines for Police Patrol Car Markings One recent publ i cati on makes a strong case for standardi zed marki ngs and sped f i cati ons for pol i ce cars. The N ovember, 2003 i ssue of LAW and ORD ER publ i shed an arti d e ti tl ed " Gui del i nes for Pol i ce Patrol V ehi d e M arki ngs." The proposed gui del i nes were drafted by Ed Sanow, Edi tori al Di rector of LAW and ORD ER M agazi ne and Pol i ce FI eet M anager M agazi ne. Sanow, whose LA W and ORD ER publ i cati on has sponsored a V ehi d e Graphi cs Desi gn Contest for over twenty years, suggested that gui del i nes for patrol vehi d e marki ngs were "the next I ogi cal step forward i n emergency vehi cl e i denti ty and prof essi onal i sm." Sanow suggested that the establishment of standard gui del i nes woul d make pol i ce vehi d e marki ngs " more consi scent from j uri sdi cti on to j uri sdi cti on." Such gui del i nes, he sai d, woul d "add some objectivity to an otherwise fairly subjective method for marking and identifying a pol ice vehi cl e." 251 IF Ford Crown Victoria patrol car, Honolulu Police Department H e further observed that several key organi zati ons responsi bl a for pol i ce accredi tali on and recommended pol i ci ng practi ces — the Commi ssi on on A ccredi tati on of L aw Enforcement A gend es (CA L EA) , N ati onal Institute of Justice/National Law Enforcement and Corrections Technology Center (N I J/N L ECTC) and the I nternati onal A ssoci ati on of Chi of s of Pol i ce (I A CP) — had not adopted a " standard or gui del i nes." " N or," he added. " do thei r representati ves know of any such standard." Sanow di d note that " i n many states and j uri sdi cti ons, the pol i ce vehi d e graphi cs are sped f i ed by ei ther statute or the statewi de pol i ce or sheri ff' s associ ati on." I n devel opi ng draft gui del i nes for pol i ce car marki ngs (shown bel ow) , Sanow i nvi ted hi s readers to offer feedback and suggesti ons. I n the f uture, he i ndi cated, j udges for the annual LAW and ORD ER V ehi d e Graphi cs Desi gn Contest woul d use these gui del i nes to obj ecti Ay eval uate the entri es for the contest. H e added: " these gui del i nes wi I I now be a ref l ecti on of the message that an emergency vehi d e i s here has been received." H e al so stated that f nal gui del i nes woul d be publ i shed i n a f uture i ssue of LAW and ORD ER magazi ne and i is si ster publ i cati on, Pol i ce F I eet M anager. LAW and ORD ER's proposed " Gui del i nes for Pol i ce Patrol V ehi d e M arki ngs' are as fol I ows: GUIDELINES FOR POLICE PATROL VEHICLE MARKINGS Should the vehicle have a symbol of the department (i.e., star, shield, shoulder patch, state seal)? Or the name of the department (i.e., POLICE, SHERIFF)? Or both the name and a symbol? STANDARD: In the distant past, the symbol of authority was the most common marking. In the recent past, the name of the authority either replaced the symbol or was added to the symbol. The police patrol vehicle should have both the symbol of authority and the wording of the authority spelled out, i.e., both a shield and the word POLICE, or a star and the word SHERIFF, or a state seal and the words HIGHWAY PATROL or STATE POLICE. Where should these markings be (i.e., hood, front fenders, rear fenders, trunk, roof)? STANDARD: The police patrol vehicle should have both the symbol and the lettering on the side doors, and the lettering on the trunk lid or rear fascia. The police patrol vehicle may also have either the lettering or the symbol of authority or both on the hood, trunk lid and fenders. How recognizable should the lettering of the department name be? (i.e., block, italics, script, multi - color, shadow - boxed, overlaid with scenic view or skyline.) STANDARD: The lettering should be clear, bold and non - italicized and contrasting to its background color. The lettering should not be so colorful, or of a font style, or so graphic - latent that it cannot be easily and instantly read. 52 How contrasting should the name and/ or symbol be in comparison to the color of the vehicle? STANDARD: All markings on the vehicle should be a marked contrast with the background, i.e., a gold star on a tan door and a silver shield on a white door may not be contrasting enough. How recognizable should the agency jurisdiction be in comparison to the agency authority (i.e., "Illinois' compared to "State Police' and "Cook County' compared to "Sheriff' )? STANDARD: The agency authority, i.e., "Police' should be the largest and the clearest of the lettering. The jurisdiction, i.e., "Deerfield,' while not necessarily as prominent, must be clear and legible. Should emergency numbers (i.e., 911) and non - emergency info (i.e., Web site) be on the vehicle? And if so, where? STANDARD: This information (i.e., 911, 311, www) may be marked on the front or rear fenders or rear fascia, however should be less prominent from the authority lettering and must not be visually distracting. Should the police patrol vehicle be one of the factory two -tone color schemes? STANDARD: The police patrol vehicle should be immediately and clearly distinguished as an emergency vehicle unique from a retail sedan, and unique from a taxi. As such, one of the two -tone paint schemes should be used instead of a solid black, or solid white, or other solid color. Optionally, the solid color police patrol vehicles may achieve the same visual effect by the use of a long, broad stripe, or striping, of a contrasting color(s). Is one of the two -tone schemes better than another? STANDARD: All of the half dozen two -tone paint schemes offered by Chevrolet, Dodge and Ford have the same net effect, and any of the two -tone schemes, in any combination of hood, roof, trunk, fenders and doors, meets the standard. How contrasting should the two -tone be? (i.e., black and white, or state colors of blue and gray, or brown and tan, for example.) STANDARD: Any combination of colors that shows a visual contrast to the casual observer meets the standard. However, the colors of the authority symbol and the department lettering must also be a contrast to the vehicle color. If, for initial cost reasons, neither a two -tone is used, nor a solid color with broad striping, should the vehicle be a unique color for rapid recognition? Or a retail color for better residual and resale? STANDARD: No single color currently available immediately identifies a vehicle as a police patrol vehicle, and custom colors carry a cost adder. Since the public safety aspect of the police patrol vehicle marking supercedes the public benefit of slightly greater resale value, a solid color car without significant striping or bold police markings does not meet the standard. Should the back, sides or rear of the police patrol car have luminous or reflective striping? STANDARD: The rear bumper fascia and trunk lid should have some kind of nighttime visibility enhancement, i.e., chevron, cross - hatches, diagonal stripes. If the vehicle uses 53 broad, side - striping, it should be reflective. And that striping should wrap around the back of the vehicle (trunk and rear fascia) in a conspicuous way. If the vehicle is two -tone, reflective striping should be added to the rear trunk lid or rear fascia in a conspicuous way. G. State Statutes Relating to Inscription of Government Motor Vehicles One questi on rel ated to the i ssue of " pol i ce vi si bi I i ty" that arose i n the course of thi s study concerned whether or not certai n state statutes requi re marked i nscri pti on of county pol i ce cars. In a memorandum dated January 22, 2004 to Corporation Counsel Lincoln A shi da, Fiscal /Program Review Auditor Rory Flynn asked three questions pertaining to the interpretation of certain sections of H aNai ` i Rev sed Statutes (H RS) as they rel ate to H aNai ` i County pol i ce cars. For addi ti onal ref erence, the full text of the statutes in question — §105- 1, §105-2(3), §105- 7, §105- 8, and §710 -1027, HRS— are provided in A ppendix C of this report. As this query and the response received from Corporation Counsel has considerable import for the di scussi on of the current practi ce of unmarked subsi di zed pol i ce cars i n H awai ` i County, the ful I text of Mr. Flynn's query and response from Corporation Counsel Lincoln Ashida dated January 29, 2004, are shown bet ow: 1. Memorandum dated January 22, 2004 to Corporation Counsel Lincoln Ashida from Fiscal /Program Review Auditor Rory Flynn re: interpretation of HRS statutes as they relate to Hawai'i County police cars MEMORANDUM TO: Lincoln Ashida, Corporation Counsel FROM: Rory Flynn, Legislative Auditor's Office RE: HRS Statutes and County Police Cars " For purposes of compl eti ng the study underway on H awai ` i County pol i ce cars, three questi ons have ari sen for whi ch I seek your prompt gui dance and i nterpretati on, as fol I ows: (1) V\hether the current departmental standard practice allowing unmarked subsidized vehides in police service must comply with the provisions of Section 105-7 (`Inscription on county motor vehicles') and Section 105-8 ('Character of inscription'), HRS? §105-7 provides a sped fi c exception to required vehicle inscription for 'the chief of police and deputy chi of of pol i ce of the ci ty and county and counti es.' H owever, the excepti on does not sped fi cal I y appear to extend to any other police personnel. Accordingly, we ask whether the current practice of unmarked county patrol cars is compliant with the provisions of §105- 7 and §105-8, H RS$ or whether such non - inscription is authorized by some other section of state I aw. We note that §105-7 appl i es to 'every motor vehi cl a owned or control I ed by any county.' V\hi I e privately owned cars used in police work are dearly not 'owned' by the county, the operative questi on may be whether such cars are ` control I ed' by the county. (2) Does an unmarked pol i ce car wi th a bl ue dome I i ght suffi ci entl y establ i sh the 'col or of the law enforcement officer's official authority and identify a county 'peace officer' (unseen at night or shielded by wi ndow ti nt) pursuant to Section 710 -1027 (`Resisting an order to stop a motor vehid6), HRS? 0 Thi s secti on refers to " a di recti on of a I aw enforcement offi cer, acti ng under col or of the I aw enforcement officer's official authority, to stop the person's vehi d e." Additionally, a commentary appended to §710 -1027 sped fi es that 'for conviction the actor must have recognized the person giving the order to be a peace officer.' As this section sped fi es that a citizen" must have recognized the person giving the order [ to stop a motor vehi d e] to be a peace offi cer," I ask i f the addi ti on of vehi cl e i nscri pti on as proscri bed by §105 -7 i s necessary or advi sabl a to assure that ci ti zens — parti cul arI y tour sts and ford gners — can easi I y i denti fy county pol i ce cars when I awful I y cal I ed upon to stop on the road. Related to this question is the issue — no matter how unlikely the event — of persons impersonating police officers. In 1996, NeN York Governor George Pataki signed an Executive Order that prevented unmarked state police cars from stopping motorists for routine traffic violations. In signing the executive order, Governor Pataki said, ` NeN Yorkers, especi al I y women, should be free to drive our highways and byways wi th a sense of security ... The use of unmarked cars for routine traffic enforcement can create considerable anxiety in the minds of motorists who are uncertain whether individuals seeking to stop thei r vehicles are, in fact, police officers.' The executive order did not, however, extend to offenders to 'presented a substantial threat to public safety,' such as drivers weaving errati cal I y or suspected of i ntoxi cati on. (3) V\hether the assi gnment of sped al number pl ates to subsi di zed county pol i ce cars speci fi ed i n HCP General Order No. 802 is properly authorized under the provisions of Section §249 -9.2 (`Special number plates; military service'), H RS Section IV, 'Number and Special Number License Plates' of General Order No. 802 last amended by Police Chief James Correa on November 27, 2001 sped fi es that all subsidized vehi cl es used i n pol i ce servi ce shal I have " number I i cense pl ates" i n accordance wi th Secti on 249.9, H RS Accordi ng to the General Order, such " approved subsi di zed vehi d es are onl y authorized to have ` sped al number I i cense plates; military service,' pursuant to and descr i bed under Secti on 249.9.2, H awai ` i Revised Statutes." In revi eNi ng Secti on 249.9.2, H RS$ I do not seethe explicit or implied authority for issuance of I i cense pl ates to subsi di zed county pol i ce vehi d es. I nstead, thi s secti on of H RS appears to appl y uni quel y and sol el y to certai n veterans of mi I i tary servi ce. Thanks for your helpful attention to these questions." 2. Email response dated January 29, 2004 from Corporation Counsel Lincoln Ashida to Legislative Auditor Connie Kiriu and Program /Fiscal Auditor Rory Flynn MEMORANDUM TO: Connie Kiriu, Legislative Auditor Rory Flynn, Fiscal /Program Review Auditor FROM: Lincoln Ashida, Corporation Counsel RE: HRS Statutes and County Police Cars " As Conni e and I di scussed tel ephoni cal I y today (1 /29) , 1 wanted to put my i ni ti al thoughts i n thi s email, and solicit your comment beforewe prepare formal written response. 55 H RS Sections 105-7 and 105-8 1 revi eNed the I egi sl ati ve hi story for H RS Chapter 105, and coul d fi nd no useful mater i al. I bet i eve at the ti me this chapter was enacted, they may have even been tat ki ng about horses and buggies! The section may have been primarily concerned with County owned vehicles not being used for purely personal purposes. Indeed, the requirement that these vehicles be marked `For Official Use Only' seems to be the method to deter such abuse. I bet i eve Rory s anal ysi s i s r i ght on target i t comes down to what the defi ni ti on of 'control' i s. Di d the drafters of the statute i ntend 'control' to be the same as ` ownershi p ?' Or i s ` control' somethi ng other than ownershi p? Thi s i s not d ear. Factual I y, the subsi di zed vehi d es are pri vatel y owned by the pot i ce offi cers. They take offi ci al ti tl a to these vehi d es. No one disputes this. The question thus becomes whether the subsidy given the officers, together with the regulation of vehicles (size, horsepower, no religious decals, etc.) consti tute ` control' as defi ned by H RS Secti on 105-7. There are no court cases on point. As our Intermediate Court of Appeals in Lee v. Insurance Company of North America, 7 Haw.App. 338, 762 P.2d 809 (1988) pointed out, the `subsidized pot i ce vehi d 6 program i s somethi ng uni que to the State of H awai' i . Thi s may seem I i ke spl i tti ng hai rs, but I do bet i eve there i s a di sti ncti on between 'regul ati on' and ` control.' I bd i eve what H PD does through its general orders i s regulate the types of vehicles and certai n aspects of the vehi d e. I n my mi nd, ` control' woul d presuppose the abi I i ty to regul ate the vehi d e on a 2417 bad s. Thi s i s not the case wi th the subsi di zed vehi d es. I n fact, even our opi ni ons whi ch have sai d the pot i ce admi ni strati on has the ri ght to have an offi cer remove a ref i gi ous embl em decal from hi s vehi d e woul d al I ow the offi cer to di spl ay the embl em duri ng non -on -duty ti me. Further, i t i s d earl y the i ntent of the present program to al I ow the offi cers to use thei r vehi d es for pure) y personal acti vi ti es, duri ng non -on -duty hours. Thi s further di sti ncti on I eads me to bet i eve the vehi cl e i s not under the ` control' of the County. VVe mere) y regul ate i t duri ng work hours. Based on the foregoi ng, I woul d cond ude H RS Secti on 105-7 and 105-8 do not appl y to pot i ce subsi di zed vehi d es. H RS Secti on 710 -1027 As I expl ai ned to Conni e, thi s i s a pure penal statute. V\hether a cri mi nal defendant vi of ated thi s secti on woul d depend upon the factual determi nati on of whether he recogni zed the offi cer to be acti ng under the col or of hi s author i ty, and i ntenti onal I y made the ded si on to di sobey. Thi s i s a questi on reserved for the tri er of fact, whi ch wi I I be j udged from a subj ecti ve perspecti ve (i .e., di d a reasonabl a person standi ng i n the shoes of the defendant have reason to know). I n sum, we need not get i nvol ved i n thi s matter. Clearly, however, the fact you have prominently marked pot i ce cars would assist the police and prosecuti on i n rebutti ng the defense that, 'I di dn' t know i t was a cop who was tryi ng to pul I me over.' Rory s asi de reference to Governor Pataki' s comments i s wel I taken. I am haunted by the Li sa Au case in Oahu, where the vi cti m was abducted by a person posing as a pot ice officer, taken into an unmarked car, raped and murdered near Tantalus Drive. rQ The pol i cy deci si on, I suppose, woul d need to be made by the Pol i ce Chi ef, and ul ti matel y the Counci I for fundi ng purposes, i f a ded si on i s made to convert to a fl eet. H RS Section 249-9 1 bet i eve there i s a typo i n the General Orders. I t shoul d be 249-9, i nstead of '249.9' i n the i ni ti al paragraph. The second paragraph allows police officers who are veterans to have such numbered pl ates, pursuant to H RS Secti on 249 -9.2 PI ease I et me know your thoughts and comments to any of the above." H. Summary Publ i c expectati ons surroundi ng pol i ce patrol " presence' often exceed performance as measured by cri me statistics. In other words, traditional motorized police patrol may have less consequence for crime preventi on and publ i c sal' ety than i s wi del y bet i eved. A revi ew of cri me stati sti cs i n H awai ` i County shows an overal I reducti on i n many cri ti cal cri me i ndexes duri ng the past twenty years. M oreover, recent d earance rates achi eved by the H awai ` i County Pol i ce Department compare favorably with other counties in the state. These wet come devel opments may have I i ttl a to do wi th the makes and model s of pot i ce cars. A ccordi ngl y, we cauti on agai nst attachi ng undue i mportance to the i ssue of subsi di zed vs. fl eet vehi d es i n the overal I pi cture of publ i c safety. N onethd ess, we f nd that conspi cuous marki ngs on pot i ce vehi d es serve to proj ect an i mage of f rst responder publ i c servi ce, transparency and prof essi onal i sm. M uch recent (and i mpassi oned) di scussi on surroundi ng H awai ` i County pot i ce patrol cars has focused on their lack of conspicuous, customary markings—e.g., standard make and model, standard color and detal I i ng, departmental shi el d and other " Pol i od' i denti f i cati on, I i ghtbar, etc. The prevai I i ng opi ni on of the Pot i ce Department appears to be that most ci ti zens easi I y recogni ze county pot i ce cars by thei r fami I i ar bl ue dome I i ght and that once a uni formed off cer emerges f rom a car, the i denti f i cati on of county pot i ce (and pot i ce authori ty) i s f i rml y establ i shed. Some other ci ti zens see pot i ce vehi d e marki ngs as absol utel y essenti al —" the car i s the uni form." I n the area of ri sk management, marked pot i ce cars wi I I pl ace i n the County i n an off ensi ve, rather than def ensi ve, posi ti on when " establ i shi ng the col or' of I aw enf orcement off i cers' off i ci al authori ty. Pot i ce visibility in H awai ` i County would be enhanced by standardization of colors, detailing, shield embl ems and promi nent departmental i denti f cati on on al I patrol vehi cl es. Such acti on woul d al so bri ng the i ssue of " unmarked pot i ce card' i n H awai ` i County to a posi ti ve resol uti on. The Corporati on Counsel opi ni on re. §105 -7 and §105 -8, H RS suggests that subsi di zed pri vatel y owned cars may not be " control I ed" by the County and thereby subj ect to state- mandated i nscri pti on of county motor vehi d es. A ccordi ngl y, we urge the Pot i ce Chi of to expl ore whether customary I aw enforcement marki ngs for patrol cars can be i nsti tuted by admi ni strati ve di recti ve. Pot i ce vi si bi I i ty, eff i ci ency, and emergency response capabi I i ty al so are enhanced by a take -home vehi d e policy. In the event of conversion to a county -owned fleet, a "take- home" policy for marked patrol vehi d es may be attai ned pursuant to the provi si ons of §105 -2(3) , H RS. 57 One objection raised to a "take-home' policy for marked patrol cars is that the public would never perceive or acknowledge that an officer is "off-duty." The Tacoma study cited earlier indicated that this concern di d not trul y materi al i ze i n a manner that i nhi bi ted i is off i cers. A nother obi ecti on voi ced to a " take - home" pol i cy i s that an offi cer woul d not put hi s fami I y i n a back seat ,, cage." Whi I e that mi ght be the case, there i s no obl i gati on on the part of the County or i is taxpayers to furni sh pol i ce off cers wi th a vehi d e that offers opti mat " off - duty" dri vi ng ameni ti es. The purpose of a take -home pol i cy i s to acknowl edge the I egi ti mate commuti ng conveni ence of the offi cer and to fad I i tate on -the -job responsiveness. Effectively, a take -home policy enhances on-call police performance, emergency response, and officer morale; i n the event of f I eet conversi on, it shoul d be retai ned. SECTION 5 POLICE VEHICLES — PRACTICES, SPECIFICATIONS, TRENDSAND PURCHASING GUIDELINES This section presents: A. Finding: No accreditation standard for police cars B. U.S. Department of Justice survey data regarding police vehicles and related "in- field" equipment C. A review of police package car design and technology trends D. Summary results of the "2004 Model Year Police Vehicle Evaluation" performed by the Michigan State Police and the National Law Enforcement Corrections Technology Center, National Institute of Justice E. Considerations and options for police vehicle purchasing, leasing and fleet management F. Summary A. No Accreditation Standard for Police Cars Used by State or Local Police Departments Contrary to what a program evaluator (or the general public) might expect, there is no absolute or recommended nati onal standard for the sel ecti on of makes and model s of pol i ce fl eet vehi d es. I n part, thi s i s a consequence of the di sparate si zes of I ocal , muni ci pal, county and state pol i ce forces throughout the U ni ted States, thei r varyi ng patrol needs, the avai I abi I i ty of funds, and the vol ati I e nature of muni ci pal budgeti ng. The Commission on Accreditation of Law Enforcement Agencies (CALEA), the agency that awards accreditation to local police departments, has not establ i shed a national compliance standard for the makes and model s of pol i ce f I eet vehi cl es. Thi s was conf i rmed i n a td ephone i nqui ry by the L egi sl ati ve A udi tor' s Off i ce to CA L EA program staff based i n Fad rfa ( V i rgi ni a i n N ovember, 2003. CA L EA was created in 1979 through the collaborative efforts of four major law enforcement organizations: International Association of Chi of s of Police (I A CP) ; National Organization of BI ack Law Enforcement Executi ves (N OB L E) ; N ati onal Sheri ff s' A ssod ati on (N SA) ; and Pol i ce Executi ve Research Forum (PERF). CA L EA accreditation recognizes professional excel I ence i n law enforcement services by compl i ance with national standards. Accreditation status for I aw enforcement agencies is similar to that of accredited i nsti tuti ons i ncl udi ng hospi tal s, col I eges, and uni versi ti es. CA L EA' s pri nd pail publ i cati on of standards i s i is Standards for Law Enforcement Agenci es, f i rst publ i shed i n 1983. The fourth and I atest edi ti on was publ i shed i n 1999 and contai ns some 445 standards organized i nto 38 chapters. A s di scussed d sewhere i n thi s report, M aui County empl oys marked pol i ce package fl eet vehi d es, whi I e the Honolulu Police Department employs a mix of police fleet vehicles and privately owned/subsidized cars. Both departments, however, have earned CA L EA accredi tali on. CA L EA awarded accredi ted status to the Maui Police Department in 1996 and to the Honolulu Police Department in 2003. The Kauai County Pot i ce Department has not yet sought CA L EA accredi tali on. The H awai ` i County Pot i ce Department began its application for CA L EA accreditation in early 2001; such accredi tali on i s a departmental goal supported by the H awai ` i County Pot i ce Commi ssi on. 59 B. U.S. Department of Justice National Survey Data re: Police Vehicles and Related 'In- Field' Equipment A recent national census report titled Local Police Departments 2000 (published January, 2003; N CJ 196002) compiled by the U.S Department of Justice, Bureau of Justice Statistics provides a wealth of comparati ve data and i nformati on about pol i ce vehi cl es i n j uri sdi cti ons wi th popul ati ons served rangi ng from under 2,500 to 1,000,000 or more. Pol i ce departments were surveyed vi a a " Law Enforcement M anagement and A dmi ni strati ve Servi ces" (L EM A S) questi onnai re mai I Ed to some 3,132 state and I oval I aw enforcement agenci es. A total of 2,985 agend es responded to the L EM A S questi onnai re for a response rate of 97.4 %. The 2000 L EM A S report presented survey data of police department personnel, expenditures and pay, operations, community policing initiatives, equipment (including vehicles), computers and information systems, and written pol i ci es. A I I tabl es shown i n thi s secti on were extracted f rom the Local Pot i ce Departments 2000 report. Nationwide, local police departments operated an estimated 231,363 cars, or about 51 cars per 100 sworn pol i ce personnel. By popul ati on category, the rati o of cars to offi cers was I owest i n those j uri sdi cti ons wi th one mi I I i on or more residents. The highest ratio of cars (64) per 100 sworn officers was found i n the popul ati on category most d osel y matching that of H awai ` i County, or 100,000 - 249,000 residents [see Tabl e 41, L EM A S Report] . Table 41- Number of cars operated by local police departments, by size of population served, 2000 2.046 2 1, umner c cars Percenl of Populabon 94 Fer 106 cars that served Tc:a: crficers' wsm unmarked RJIsizes 231,363 31 3556 1,000,000 or more 25,018 26 47% 500,00&999 99E 23, 486 51 39 250,004-499,995 18.421 50 44 100.004- 249.999 31.425 64 42 50 000 -9.999 27.131 57 39 25.000 - 49,999 27,372 56 36 10 000- 24,999 33,490 57 32 2, 500-9 909 29.618 59 24 Llnder2.500 15,400 62 14 'ter. - r-c officers are included wth a we:3h' c` 5 assi3 ^od By compari son, the H aivai ` i County Pol i ce Department mai ntai ns a 100% or 1:1 rati o of cars to sworn off cers. Nationally, about one -third of the cars operated by police departments were unmarked (35 %). The percentage of unmarked cars was highest (47 %) in jurisdictions serving 1 million or more residents and I owest (14 %) i n j uri sdi cti ons wi th fewer than 2,500 resi dents. For those j uri sdi cti ons i n the 100, 000- 249,999 population bracket, the percentage of unmarked cars was 42 %. By comparison, excepti ng some administrative and service vehicles, D.A . R. E. vehicles, and Cushman traffic vehicles, H awai ` i County Pol i ce Department patrol cars are unmarked. In addition to cars, 44% of police de- partments used other vehicles such as sport uti I i ty vehicles, trucks or vans [Tabl e 42, L EM AS report] . On average, f i ve (5) such vehi d es were used per 100 worn personnel. One in eight depa-t- ments used motorcycles, including 9 in ten departments serving a popul ati on of 100,000 or more. Nearly half of all departments also used bicycles. The rati o of bi cyd es to off i cers was hi ghest i n those j uri sdi cti ons wi th a popul ati on of 2,500-9,000 and lowest in j uri sdi c ti ons wi th 250,000 or more resi dents. Table 42. Number of motorcycles and 4 -wheel motorized vehicles other than cars operated by local policy departments, by size of population served. 2000 =h °:`eel m:l�7rLC� 4f' �S other Man cars Percem of Number operated Population agencies Per 100 served using TctaI officers' Motorcycles Percenl Number operated of agences Per 100 using Total officers' All saes 44% 24,122 5 123n 9 804 1 400 000 oI more 100% 5,615 a 92in 2.046 2 50,004909.999 97 1,965 4 94 1.265 2 250 000 -499 999 100 1,691 5 95 1 046 is -0500 -249 999 93 2,367 5 89 1.567 50,060.99.999 89 2,173 5 89 1,357 3 25,00449.999 84 2,399 5 52 1.129 10,004- 24,909 73 3,324 6 24 905 2.500 -9,999 46 2,819 6 6 491 1 Under 2 500 21 1,754 i 1 99 - 'Pa rt -time ofricers are included wilh a wrig ht of 5 assigned. - -ess than o 5. WE Take - Home /Personal Use of Police Cars Forty -nine percent of all local police departments al I owed off cers to take marked vehi d es home [Tabl e 44, LEMAS Report] . In the H aNai ` i County- comparable population bracket (100,000-250,000), 54% of I ocal pol i ce departments al I owed off cers to take vehi d es home, and 22% of those departments al I owed personal use of marked vehi d es. Most police departments that permitted marked vehi d es to be taken home onl y al I owed the vehi d e to be driven to and from work. Nationwide, just 10% of al I departments al I owed off i cers to operate a pol i ce car for personal use. Table 44. vehicle use policios in local police departfnLnts, by site of population served, 2000 F.--,- od agnrlpz�hs allowing officers t-) ' {I.= maeked vehicles home 'c:,u anon Persorral Use "_wud Total Alo+Med Not allowed All sizes 49% 10% 39% 1,000,000 or more 27% 13% 14% 500,000 - 999,999 64 23 41 250,000- 499,99@ 65 25 40 100,000- 249,990 54 22 32 5a Oxl,,W,999 45 16 29 25,0''1[)`49, 999 33 9 24 10,000-24,999 32 8 2-1 2.50G-9.929 42 9 K. tfrrdbr 2,5W 63 ' 1 5_ Those j uri sdi cti ons serving 100,000 or more resi dents were the most likely to al I ow a personal use policy. By compari son, 100% of H aAtai ` i County pol i ce cars are taken home wi th off -duty personal use al I owed. In -Field Technology The LEMAS report also surveyed the use and deployment of various "in-field" equipment and technologies. These included video cameras, infrared (thermal) i magers, i mage i ntensi fers, I aser range f i nders, stol en vehi d e tracki ng technol ogy, ti re deft ati on spi kes, digital imaging technology for mug shots and fingerprinting, computer systems and "in-field" or mobi I e data termi nal s. Forty -fi ve percent of departments reported regul ar use of video cameras during the year ending June 30, 2000 [Table 48, LEMAS Report]. The most common use of cameras (37 %) was in patrol cars. Fixed -site video surveillance was performed by 13% of departments, followed by mobile surveillance (9 %). Seven percent of departments used video cameras for traffic enforcement. Police Cr?N & Camera Ilse JurMictions use airy -ceir cameras to: a document incident activity (e.g.. DWI Iests) • increase liMihaad of successful prosecution • increase the safety of the officer • decrease frivolous complaints • record suspect beharior • record and track initial violationlreason for stop � � Tablc 48. Use of video cameras by local police departmerrts, by stxa of population s@rgv4, 2000 Percent of agencies using vieleo camerasaretl the average ownbef u"d fw- Permnl of Ficed -sde MOb49 Traffic agences In pwrol care surveillance Suryadlanoe enforcement Population regularly using Percent Average Percent Average Feroand Average Peroene Average served wdebocameras using number' using number` using number' using number' All sizes 45% 37% 5 13% 5 935 2 7% 3 1.000,DOD or more 73% 139G 62 53% 162 6735 6 13% 8 500,000 - 999,999 68 41 53 36 53 53 6 47 12 25-30,004 -099,999 58 33 32 24 7 43 6 23 4 100,904249,999 64 37 33 24 12 31 3 27 5 50.00mg.999 68 44 14 24 6 30 2 19 5 25,00449,999 63 47 9 21 4 24 2 14 3 14,000 - 24,999 57 46 6 19 4 12 1 6 3 z 5oo -g.99g 47 41 3 18 3 8 1 9 2 Under 504 34 29 2 7 2 4 1 9 2 'Excludes agencies that dtid not use video cameras in particular applicabon- 61 For jurisdictions comparable to H awai ` i County, 64% of police departments reported regul ar use of video cameras and 37% reported use of vi deo cameras i n patrol cars. For these j uri sdi cti ons, 31 % reported use of vi deo cameras for mobi I e survei I I ance and 27% reported usi ng cameras for traffi c enforcement. The use of vari ous " speci al technol ogi es" i s shown on Tabl e 49 of the L EM A S Report bell ow. N otabl y, the ml on ty of departments servi ng popul ati ons of 100,000 - 249,999 resi dents reported use of di gi tal i magi ng for mug shots (70 %), suspect composites (55 %) and f ngerpri nts (66 %). Tabl e 49, L EM A S Report, shown bed ow, surveys " speci al technol ogi es used by I oval pol i ce departments, 2000" . Table 49- Special technologies used by local police drpartments, by size of papulatioa served, 2000 1.000.000 or more 73% 5396 40% ?c : rr c' agencies using — 730A 20% 870A 60% Night visionielectro-oplic 500 000990 909 Vehicle stoppir,1rlracking 36 2.3 digital imaiging 62 9 Infrared Image Laser Tire Stolen Eleolnoalf 33 23 C 0 Population fthermal'i imensi- range dellaiion vehicle engine Mug Suspe�_t Finger - served imagers fiers finders spikes Tracking disruption shots aamposites prinls All sizes 11% 6% 15% 2696 5% _% 29% 16% 11% 1.000.000 or more 73% 5396 40% 47% 730A 20% 870A 60% 80% 500 000990 909 47 36 2.3 38 62 9 133 53 79 256600 -4 99,999 58 33 23 C 0 35 5 63 45 60 106 600 - 249,999 46 17 14 56 37 2 70 55 96 50.060- 99.999 27 17 19 52 25 1 71 41 52 25,000- 49.999 28 14 15 45 22 0 59 43 29 10.060- 24.999 16 10 9 40 14 — 50 27 13 2.506 -9.099 11 1 3 = 29 ' 8 5 Under 2 504 4 1 13 7 — Less Than 0.5% The maj on ty of pod i ce departments servi ng popul ati ons comparabl a to H awall ` i County empl oyed di gi tal i magi ng technol ogy for mug shots (70 %), suspect composites (55 %) and f ngerpri nts (66 %). H CPD' s 2003-04 budget narrati ve i ndi cafes that the Department i s dept oyi ng technol ogi es i n step wi th these trends. Its Windows-based computer system accesses the National Crime Information Center (NCI C) 2000 System, a nati onal database serving all criminal justice agencies. The department's NCI C 2000 system became operational in August 2001. Additionally, H CPD went " I i ve" with the State of H awai ` i Cri mi nal Justi ce Data Center's " Green Box/L i vescan Ri I of Proj ect" i n M ay, 2001. That system al I ows onl i ne booki ng, as well I as computed zed capture of f ngerpri nts and mug shots. I t el i mi nates the need for cl eri cal staff to re-key arrest report information; moreover, officers no longer need to type redundant data on f ngerpri nt cards or take mug shots wi th Pod aroi d f i I m. H CPD' s 2003-04 budget narrati ve states that the department present) y has Green Boxes at 14 booki ng si tes and two more i n the Records and I denti f i cati on Secti on. L i vescan (for f i ngerpri nts) and Cri me Capture (for mug shots) are deployed in Hilo and Kona only. Other booking sites continue to take Pod aroi d mug shots and inked and rolled prints, but no longer have to type out fingerprint cards. El ectroni c transmi ssi on of f ngerpri nts to the FB I for records checks i s now accompl i shed wi thi n a turn- around response time of 20 minutes. One cri ti cal I i fe -savi ng speci al technol ogy not surveyed i n the L EM A S census was automated external defibrillators or A EDs. A EDs are increasingly employed by police and fire safety officers to assist cardiac arrest victims by recording heart rhythms and administering a revitalizing electric shock. The 1999 -2000 annual report of the H awai ` i County Pol i ce Department states that trall ni ng of " every off cer on the Big I sl and" in the use of defibrillators is a departmental goal. The department began its def i bri I I ator program i n 1998 wi th 27 A ED ki is purchased wi th asset forfei ture funds for $72,219. C Computers and Information Systems The L EM A S survey revealed that local police departments use computers for an increasing array of records management f uncti ons. A ml on ty of departments reported use of computers for I nternet access, 89% of departments servi ng 100,000 - 249,999 resi dents had I nternet access. A maj ority of departments also maintain computerized files for incident reports, arrests, traffic citations, cal I s for services, traffic acci dents and stol en property. Less than half of surveyed departments, however, mai ntal ned computer - i zed f i I es on warrants, al arms, traff i c stops, cri mi nal hi stori es, summonses, use of force i nd dents, I i nked cri me anal ysi s, and f i ngerpri nts. Table 50 from the L EM A S survey, shown below, provides an overview of the functions of computers used by I oval pol i ce departments by si ze of popul ati on served. Table 50. Functions of cainputm in local police doparumms, by size of population served, 2000 Percent of same _} -ism4 ;omp Lers f-)i — InL_r- Records Crime Pers- agency Fleet Population manage- Internet invesii- onnel Crime information Aulomated manage- Crime Resource served me -I access gallons =ords dispatch analysis sharing be -eking ment mapping aVocaho-: All sizes v c 56% 44% 40% 32% 30% 20°x6 19% 1GCA 153n 10% 1 404 000 or more 93"x5 100% C13% 93% 100% 813% 53°x6 47% 87SA fiG°k 67% 509.000-999.999 08 94 28 85 85 91 93 55 85 82 G5 250.000 -499.999 98 58 2-3 90 100 98 78 48 60 94 58 100.000- 249 999 99 29 W 69 90 92 61 51 50 60 41 50.004- 99.995 fig 28 75 67 85 76 51 50 38 53 35 25,000 49.995 013 2r. 72 60 79 58 51 40 33 34 22 10.004- 24.999 B 1 72 65 54 63 40 M 32 30 22 16 2,504-9,999 66 57 50 43 32 29 29 16 17 12 10 Under 2 500 rr . 42 25 27 8 13 17 One emergi ng standard among pol i ce departments nati onwi de i s the use of an A utomated Fi ngerpri nt I ndenti f cati on System (A FI S) i nd udi ng f I es of di gi ti zed pri nts. The 1999 -2000 A nnual Report of the H awai ` i County Poll i ce Department reported that i is Records Secti on had i nstal I ed a state -owned computers zed mugshot system, upgraded i is A FI S, and accessed the statewi de Transitional Offender -Based Tracking System (OBTS). The OBTS system provi des i nformati on on cri mi nal hi stori es, sex offender regi strati on and temporary restral ni ng and protecti ve orders. I t i s shared by state and county cri mi nal j usti ce agend es and enabl es the department to " retri eve current system i nformati on" and " produce photo I i neups qui dd y and easi I y." That year, the department's annual report also noted its installation of a "worldwide computer e-mail system." The newly inaugurated email system was cited as a valuable asset to the department's investigative operations, enabling transmission of photos between police districts on the island and to and f rom other pol i ce j uri sdi cti ons. Departmental emal I i s al so used to transmi t pol i ce bul I eti ns, enhance case management, and issue press releases to the media In 2001, the Hawai ` i County Police Department implemented an upgraded booking system with the i naugurati on of i is " Green Box", " Cri mi nal Capture', and " L i ve Scan" pi I of proj ect, an automated system whereby a suspect's f ngerpri nts and photo are captured di gi tell I y for computer storage usi ng " Green Box" software. The $500,000 proj ect was funded by the Off ce of the Attorney General's Hawai ` i Cri mi nal Justi ce Data Center (HCJDC). The " Green Box" software assembl es suspect i nformati on i n formats that can be read by the state Offender -Based Transaction Stati sti cs/Computeri zed Criminal History (OBTSICCH) and A FI S systems. The system faci I itates prompt i nqui ri es to the FBI and saves off cers ti me i n booki ng suspects, accordi ng to the annum report. 63 Computers in the Field From 1990 to 2000, the percentage of I oval pol i ce departments usi ng i n -f i el d computers rose f rom 5% to 40 %. Departments usi ng i n -fi el d computers employed 75% of al I off cers i n 2000, up f rom 30% i n 1990. A ml on ty of pol i ce departments servi ng 10,000 or more resi dents used mobi I e computers or termi nal s i n the f el d duri ng 2000. Portabl e I aptops were the most common type of i n -fi el d computer, used by 21 % of all departments. The use of "vehicle-mounted digital /data terminals," most commonly referred to as "mobile data terminals" (M DTs) in law enforcement, was most common in large police jurisdictions (73% in jurisdictions serving populations of one million or more residents), and dwindled successively in those j uri sdi cti ons servi ng smal I er popul ati ons. The use of i n -fi el d computers or termi nal s i s one of the most dramati c trends i n I acv enforcement technology. From 1990 to 2000, i ncrease of I oval pol i ce use of in--field computers or terminals occurred in jurisdictions of all sizes, as shown i n Fi gure 18 of the L EM A S Report. Among departments serving 50,000 to 249,000 residents, in-field computer use from 31% in 1990 to 81% i n 2000. LocaJ police departments using in -field computers or terminals, 1990 and 2000 PUpula9en "f"d z5o.000- er mero- 50 040 - 244 96@ 74,000- d9,9fr9 2000 1@ uneer 1G.00-c C 2131% 413% 613% 80% 100% Pe roe nl 01 ag en 0108 Figure 18 For departments comparabl a to Halvai ` i County, 28% reported usi ng vehi d e- mounted I aptop computers i n the f i el d, 35% reported usi ng a vehi cl e- mounted " di gi tal /data termi nal " and 28% reported use of a vehi d e- mounted " di gi tal /data computer." Tabl e 54 from the L EM A S Report, shown bed ow, surveys the types of i n -fi el d computers or termi nal s used by pod i ce departments i n 2000. Table 54. Tyl)cs of in -field eoinputcrs ortcrinirlals usad by local police del }artmcnts, by size of poImlatioa sowed, 2000 F nrcent of agencies using in -field comp -fors or terminals Any i n -fie Id Vehicle-mounted Pa'.�icic ',nal! vehicle - mounted) Population computer or Dig AaVdala Digitalldata Digitalklata Diodalfdala soaved terminal Any I3p Laptop terminal compiAer P. -iy'ipe Lap'co terminal ccmpu[er All sizes 40% 27% 1396 1296 8% 23?x 2'% 2% 19{0 1 Cr-_ Cr) or more 96% 80% 7% 7396 209 4f96 27% 27% 0% 5C 3 D7 91 32 65 23 59 53 6 3 2: ] XC . -49D, D99 93 68 13 33 33 48 49 5 3 1C 3 X l- 24D,D99 92 70 28 35 28 54 43 12 5 5C C K- 79.99D 91 70 30 32 21 47 42 5 7 25 030-49. 99D 70 59 23 26 19 44 41 4 3 10 C13C�24.99D 59 45 20 16 15 33 30 2 3 ZKO -9,999 39 27 14 14 6 21 18 1 1 Under 2.500 24 -2 6 4 3 16 14 1 0 Tabl es 55 and 56 from the L EM A S Report, shown bed ow, survey the use of i n -fi el d computers for reports and communi cati ons and the vari ous categori es of computed zed i nformati on accessi bl a to i n-fi el d offi cers of I oval pod i ce departments. Tablo 55. Use of indicld computers for reports and communications by local pol icc do partments, by size of population served, 2000 by size of population Percent of agenaes using in -field computers for. Population Field Communi- served repwls cations All sixes 23% 19% 1,404.03oormore 34% 53% 500 60099 999 32 62 250.000-499.999 38 60 104.600 - 249,999 37 63 50,060.99,999 34 53 25,000.49,999 36 43 10,000.24,999 26 32 2.500-9.999 25 17 Under 2,504 16 Table 56. Computerircd information accessible to in -field officers of local policc departments, by size of population served, 2000 Types of information accessible in the field. Crime Populaticr7 a s:C analysis Criminal Driving Vehicle served su °ux files rl inkedl histories records records All sizes 1895 6% 16% 2535 27% 1000,000ormore 07°k 796 53% OMA 93% 5CO,Oa]- 999,999 59 16 31 85 97 250.000-499.999 50 a 25 60 72 1'.O,OOC�249,999 54 11 42 67 74 50 DO&99.999 45 10 36 M 72 25 [0049.999 34 10 27 S2 69 1 C' 000.24 999 2E T 23 38 42 2500-9.999 18 T 15 23 25 Under 2.500 9 4 11 13 14 C. A Review of Police Package Car Design and Technology Trends The foregoing L EM A S survey of in-field computers and vehicle-mounted mobile data terminals has consi derabl e i mpl i cati ons for the sell ecti on, cost and depl oyment of pol i ce patrol cars. Logan, Utah Pol i ce Chi of Ri chard H endri cks tol d Justi ce Technol ogy M oni for (Jul y 17, 2002) : " M obi I e i s the newest and greatest thi ng goi ng. The obj ect i s to be abl a to I et every offi cer do whatever he needs to do i n the f el d, as i f he was at hi s desk i n headquarters. I t makes the off cers more effi ci Ent. I t gi ves the off cer more access to i nformati on i mmedi Ad y, al I ows hi m to make better ded si ons, conf i scate more property, serve more warrants, and j ust i increases the vat ue of each off i cer ... a m4 or project for us has been to suppl ement and update our mobi I e appl i cati ons. Thi s i nd udes I aptops i n the smart cars, and being able to download information [via 802.11 -type broadband technology] and send and retrieve i nformati on from our records management system out i n the f i el d." I n 2002, the Sturbri dge (M A) Pol i ce Department credi ted " i increased offi cer producti vi ty and eff i ci envy" and a " si gni f i cant i increase i n cri mi nal prosecuti ons" to i is i mpl ementati on of a wi rd ess mobi I e network i n pol i ce cars. A ccordi ng to the Sturbri dge pol i ce off i ci al s, " I t al so i increased off i cer safety by al I owi ng off cers to have i mmedi ate access to data bases that al I ow them pri or knowl edge on traffi c stops on wanted persons, cri mi nal records, I i cense and regi strati on status of motori st." The Problem of Equipment- Crowded Vehicles The astoni shi ng array of computer equi pment and el ectroni cs i n patrol cars presents a neN probl em — hi gh-tech pol i ce cars are crowded work vehi cl es. John L. Bel I ah, a frequent contri butor to Pol i ce magazine on automotive and I aw enforcement issues, writes. "Today, it seems that the Electronic equi pment i n our cars i s reproduci ng at wi 11. Mobile data terminals, laptop computers, cellular fax machines, printers, dash - mounted radar, global positioning systems, cellular phones, rechargeable fl ashl i ghts, vi deo cameras and addi ti onal weaponry arej ust some of the thi ngs we haul around al I shi ft." " I f you feel cramped, you're not al one," he adds. "The equipment definitely is taking occupant space away from our cruisers." 65 Patrol off i cer wi t h vehi cl e-mounted mobi le data terminal (MDT) John Bel I ah notes that police patrol work traditionally has dictated a large vehicle. The ergonomic comfort of pol i ce offi cers enduri ng an 8-hour (or I onger) shi ft i n the f d d i s one paramount consi derati on. PI us, he notes, a I of of trunk room i s needed for equi pment and suppl i es. H owever, the I age sedans once favored by pol i ce departments — ful I -si zed Ford Custom or Dodge Pot ara of the mi d -` 60s and earl y '70s — are a thi ng of the past. Bel I ah states that the current model Ford Crown Victoria is the largest sedan avai I abl e in a dedicated police configuration. Competitive Chevrolet Impala and Dodge Intrepid police cars offer about 4% less interior space. He notes that while the Crown Victoria pol i ce i nterceptor i s I arge by today's standard, i t i s comparabl a to i ntermedi ate sedans of the I ate ` 60s. " Thi s woul dn' t be so bad," he says, " i f pol i ce equi pment and personnel had shrunk accordi ngl y, but they haven't." I n an arti d e ti tl ed " What's I n The Trunk" i n Pol i ce FI eet M anager, A rt Sharp reported the resul is of an i nformal pol I conducted i n 2002 among 33 1 aw enforcement agend es to " f i nd out j ust what was i n the trunks of pot i ce cars." I n general, 75% of the respondents reported that I i ne cars carry more equi pment than admi ni strators' and shift supervisors' cars. I ncl uded i n the vast array of reported equi pment were trunk boxes, j asks, ti re i rons, spare ti res, f I ares, stop sti cks, tool boxes, bl ankets, rope, traffi c vests, traff i c cones, ml or traff i c i nvesti gati on measuri ng devi ces, folding shovels, yellow police tape, small folding tables and canopies, fire extinguishers, video equipment, thermal imaging cameras, night vision goggles, communications equipment, computer modems, first -aid trauma kits, 02 kits, defibrillators, GP5, biohazard throwaway suits, oxygen uni is wi th an assortment of masks, bl ood- borne pathogen ki is comp) ete wi th masks, gowns, sal i ne water and d ean- up agents, I ess-I ethal (beanbag) shotguns, 12 gauge shotguns, 9mm pot i ce carbi nes, entry team body armor, I age capsi cum pepper sprays, a gun vaul t capabl a of hot di ng mul ti pl a ri f I es and ammuni ti on for uni que dept oyment, bags of assorted stuffed ani mat s and more. Whi I e the i nventory ci ted above i s by no means standard, i t does i I I umi nate a growi ng chal I enge for automakers. To accommodate variations of all this gear, Detroit model police cars provide spacious trunks. The Chevrolet Impala has a 17.6 cubic-foot trunk. The Ford Crown Victoria Pot i ce Interceptor's trunk i s I anger, at 20.6 cubi c feet, and has been modi f ed to carry an addi ti onal 125 pounds. A rt Sharp reports that some fl eet managers want to see that i ncreased to 300 or even 400 pounds. The probl em of equi pment - cramped patrol cars was compounded i n 1994 when passenger -si de ai r bags were mandated for al I passenger cars. Thi s i s no mi nor probl em, John Bel I ah asserts. " Bel i eve me, a I aptop computer or radar gun stri ki ng you at 200 mph wi I I hurt." I n response to the passenger -si de ai r bag mandate, Detroi t manufacturers made bucket seats standard on pot i ce package vehi d es, wi th equi pment mounted i n a consol a between the bucket seats or mounted i n an overhead consol e. M anufacturers addi ti onal I y publ i shed gui del i nes speci fyi ng the pl acement of pot i ce equi pment so i t di dn' t turn i nto a proj ecti I e duri ng an ai rbag dept oyment. M oreover, Detroit auto makers devel oped " turnkey" pot i ce package vehi cl es arranged for subcontractors to pre-i nstal I and/or pre-wi re a good porti on of I aw enforcement equi pment such as spot) i ghts, detai nee cages, I i ght bars and si rens, I eavi ng pol i ce departments to i nstal I graphi cs, radi os, computers, weapons and other equi pment uni que to each department. Such manufacturer " prepped" vehi d es are customari I y covered under a regular factory warranty. :. Advances in Vehicle- Mounted Mobile Data Terminals State -of -the -art i ntegrati on of electronics provides another solution to the matter of equipment crowding. Bel I ah notes that " a new popul ar sol uti on to thi s probl em i s to i ntegrate the equi pment i nto one central computer /video display." In such a system, computer -aided dispatch (CAD), video camera display, gl obal posi ti oni ng, and di spl ays for vari ous databases, emai I and reports are di spl ayed on one mounted mobile data terminal (MDT), rather than having separate electronic components or an extra laptop computer in the car. A I ready, a prototype " smart" car devel oped by a team of U ni versi ty of N ew H ampshi re engi neers may poi nt the way to a new era of wi rd ess conveni ence for pol i ce off cers. Cal I ed " Proj ect 54' (after the 1960s TV pol i ce comedy, " Car 54, Where A re You?') , the Proj ect 54 smart crui ser empl oys a voi ce recogniti on system to enabl a an off cer to press a button on a steeri ng wheel and tune a pol i ce radi o to any community or district station simply by cal I i ng out its name. The system is already used by New H ampshi re State Pol i ce, after two years of testi ng, some 75 smart crui sers are on patrol. The system was pi oneered after a tragedy i n 1997, when a gunman ki I I ed two troopers, a j udge and a newspaper edi for i n Col ebrook, N ew H ampshi re. A s I oval, state, county and federal off i cers tracked the ki I I er, many coul d not tal k to each other by radi o. I n response, agenci es converted to di gi tal systems to transmi t voi ce and data A ddi ng computers was a I ogi cal next step, but wi th so much equi pment al ready i n pol i ce cars, they had to consol i date. Proj ect 54 further enhances wi rd ess i nterf ace wi th FBI and other I aw enforcement databases by al I owi ng officers to interact by voice rather than typing queries into a computer. State Police Sergeant Mark L i ebl , who has dri ven a Proj ect 54 smart crui ser for two years, says getti ng dri ver or cri mi nal records i s now a ci nch. Previously, he says, he radioed dispatch, waited his turn behind other cal I s, gave a driver's I i cense number, name or bi rth date, wai ted for the di spatcher to run a check, then ei ther tri ed to remember the i nformati on as the di spatcher read i t back or j otted i t down. N ow he hi is the tal k button, announces he wants a I i cense check and cal I s the I i cense number i nto a mi crophone mounted near the overhead vi sor. Wi thi n a ght seconds, the i nformati on i s retri eyed from the crui ser computer, whi ch verbal l y ref ays i t and di spl ays i t on a screen mounted bet ow the dashboard. V i ncent Sti I e, presi dent of the A ssoci ati on of Pol i ce Communi cati on Off i ci al s, gave the Proj ect 54 system hi gh marks at a conventi on thi s year. I t' s not a novel ty, sai d Sti I e, head of radi o operati ons for the Suffol k County (NY) Pol i ce Department. " I t shoul d be put i nto pl ay." A si mi I ar system cal I ed TA CN ET, bui I t by V i steon Corporati on i n Dearborn, M i chi gan i s bei ng tested by North Carolina and Maryland State Police. The TA CN ET system was displayed at the 11 ah A nnual I nternati onal A ssoci ati on of Chi efs of Pol i ce (I A CP) Conference i n Phi I add phi a i n October 2003. TA CN ET reduces the number of devi ces i nstal I ed i nsi de a pol i ce car by i ntegrati ng I i ghts, si rens, mul ti pl e radi os, radar, patrol vi deo, A M /FM radi o functi ons and mobi I e data computers. I t offers a choi ce of command and control opti ons by i ntegrati ng swi tches and d ectroni c control s i nto three i nterfaces: voi ce control, i n -dash touch screen, and an ergonomi cal I y desi gned control " pod." TA CN ET can al so serve as a cross band repeater I i nki ng up to f ve di fferent radi os. 67 The Future of Car Batteries One consequence of the wi de array of d ectri cal equi pment commonpl ace i n pol i ce cars i s an ever i ncreasi ng demand on batten es. I n an arti d e i n Pol i ce magazi ne, John Bel I ah wri tes: " Thi s was true wi th early police vehicles when lighting, el ectro-mechani cal 'growler' sirens, and two-way radios severely taxed automoti ve el ectri cal systems, and i is true today when hi gh -tech I i ghtbars, mobi I e data termi nal s, video cameras, and other power -hungry gadgets have become standard equipment." A dvances i n I i ghti ng equi pment, i nd udi ng hal ogen and strobe I i ghti ng, al I ow for bri ghter I i ghts whi I e consumi ng I ess current. Sti I I newer state -of -the -art L i ght -Emi tti ng Di ode (L ED) I i ghtbars consume about 8 amps as compared to 40-50 amps for a conventi onal hal ogen I i ghtbar. Generati ng an adequate amount of current i s a paramount concern wi th pol i ce vehi d es. For exampl e, the 2003 Dodge Intrepid has the highest capacity stock alternator at 160 amps, the Ford Crown Victoria Police Interceptor has a 135 -amp unit, and the Chevrolet I mpal a devel ops 125 amps. Additionally, some after - market suppliers supply replacement alternators with up to 200 -amp capacity. Bel I ah points out that some devices on the market sense a battery's voltage and disconnect it before vol tage drops bet ow the poi nt where the engi ne cannot be started. A nother popul ar sol uti on to the power crunch i s the dual battery system. I n thi s system, the I i ghtbar, spotl i ghts, and computer equi pment are tapped off a second battery mounted i n a mari ne battery box i n the trunk. A n i sol ator al I ows the vehi cl ds al ternator to charge both batten es. Wi th the engi ne off, the vehi cl ds pri may battery i s not drai ned by the pol i ce equi pment and i s avai I abl a to start the engi ne. Bel I ah says there are severed advantages to thi s system. Battery I i f i s extended and unnecessary i dl i ng i s d i mi nated, thereby savi ng fuel costs, vehi d e components - engines, transmissions, and related accessories. Looking ahead, he says, automakers are I ooki ng for new ways to boost power. One i nnovati on, soon to reach the marketpl ace, i s hi gher capad ty I i qui d -cool ed al ternators. Further down the road, pol i ce cars may be equi pped wi th 42 -vol t batten es. Wri ti ng i n Pol i ce F I eet M anager, Carl sbad (CA) Pol i ce Captai n Dal a Stockton reports that the Soci ety of A utomoti ve Engi neers, a worl dwi de organi zati on of engi neers and desi gners, formed a 42 -vol t advi sory committee in 2000 to establish new standards for the industry. Stockton reports that "the development of 42 -vol t systems i s wel I underway." " The modern pol i ce vehi d e," he says, " i s equi pped wi th a I of of power hungry devi ces I i ke radi os, si rens, emergency I i ghti ng, computers, radar uni ts, vi deo cameras, as wet I as the typi cal automoti ve creature comforts. The current 12 -volt systems are being stretched to their power limits. The coming 42-volt systems promise increased power rel i abi I i ty and vehicle efficiency for tomorrow's officers." Meeting the Challenge of " In- Field" Technology The matter of accessory equi pment — parti cul arl y mobi I e data termi nal s — i n pol i ce package patrol cars presents at I east three addi ti onal consi derati ons: (1) equi pment costs; (2) off cer trai ni ng, i nd udi ng f I eet management trai ni ng; and (3) di gi tal mi crowave i nfrestructure. (1) Funding Equipment Costs. During the late 1990s, many police departments financed technology upgrades for squad cars with help from Community Oriented Policing Services (COPS) Making Officer Redeployment Effective (MORE) grants provided by the U.S. Department of Justice. Since 1995, COPS MORE grants have assisted over 4,500 law enforcement agencies to acquire and implement technology to support community policing operations. MORE program grants cover up to 75% of the total cost of certai n technol ogi es over a one -year peri od. I n turn, agenci es that recei ve M ORE grants are requi red to furni sh a mi ni mal fundi ng match of 25 %. 24 According to an U.S. Department of Justice fact sheet on MORE grants, the program "significantly i ncreases the abi I i ty of off i cers to sol ve communi ty probl ems. For exampl e, i n -car computers procured by some grantees enabl a off i cers to anal yze and research I ocal cri me and di sorder probl ems whi I e on patrol, i mprovi ng thei r abi I i ty to qui ckl y and effecti vel y address communi ty i ssues." M ORE grants fund the fol I owi ng technol ogi es: • M obi I e Computi ng • Personal Computers • Computer -Aided Dispatch • Records Management Systems • Cri me A nal ysi s H ardware/Software • Automated Booking • Automated Fingerprint I D Systems • V i deo A rrai gn ment Sl nice 1994, county I aw enforcement agencies statewi de have been awarded a total of $11,099,712 i n COPS grants for cri me-fi ghti ng technol ogi es. In FY 2003, the U.S. Department of Justice reported two COPS grant awards to county pol i ce departments in H awai ` i . The Honolulu Police Department received a $2,370,182 COPS grant for "overtime'; the H awai ` i County Police Depart- ment received a $3,974,000 COPS grant for " methamphetami ne homel and security." In September 2001, the H awai ` i County Police Department recei ved a COPS Technol ogy grant i n the amount of $818,306 in support of a Records M anagement System (RM S) upgrade, suppl e- mented by f orf ei ture f unds. REPRESENTATIVE COPS /MORE GRANTS, 1998 The Aurora (I L) Poll ice Department was awarded a $226,000 MORE grant used for the purchase and installation of 30 squad car laptop computers The San Marcos (TX) Police Department received a $140,340 MORE grant to pay for 40 laptop computers for its patrol cars Police in Lancaster (PA) received a $358,000 MORE grant for the purchase of laptop computers for squad cars, wireless modems and other software allowing units to perform license plate checkswithout the aid of dispatchers A consortium of Iowa police departments received a MORE grant exceeding $1 million for the purchase of laptop computers A consortium of six Connecticut towns received a $700,000 MORE research and development grant to develop a shared police communications system; cost of the total system wrasestimated at $3.1 million. According to the department's 2001 -2002 annual report, the system "will cut down on the redundancy of i nputti ng data by pol i ce and cl erks, make retri eval of reports i mmedi ate, i mprove case management and accountability, increase the ability to analyze law enforcement data, and integrate all divisions and di stri cts i nto one computeri zed system." The system was expected to be ful I y functi onal by February, 2004. (2) Off i cer T r ai n i ng. Whi I e there are hefty federal subsi di es for equi pment purchases through vari ous U. S. Department of Justi ce grant programs, the costs of trai ni ng I oval pol i ce off i cers i n the areas of fl eet management or communi cati ons technol ogi es are shoul dered I argel y by I ocal government. However, the U.S. Department of Justice provides many published guides through its COPS program, available at http://www.cops.usdom.q through the Department of Justice Response Center at 800 -421 -6770. 1 n 2002, COPS publ i shed a ml or gui de titled Law Enforcement Technology: How to Plan, Purchase and Manage Technology (Successfully). { Community Orle nted Pol kA ng Crime- Fighting Equipment Y Enhaiiuing Comniuiiity Puliuing Law Internet & Enforcement & Computer with Tudiiiulup Community Resources 11 Planning Communication EnhancementW .• The publication focuses on how successful technology i mpl ementati on enhances community policing and bui I ds rel ati onshi ps wi th the communi ty. A I so i n 2002, COPS hel d trai ni ng conferences across the nati on for COPS M ORE grantees on: • best practi ces i n pl anni ng, procurement, contract negoti ati ons, and i mpl ementati on of new i nformati on systems; • computer -aided dispatch, records management, mobile data and automated field reporting, and crime anal ysi s systems, ■ troubl eshooti ng probl ems i n eci sti ng systems and i mpl ementati on processes; ■ grant compl i ance and redeployment issues; ■ RFP (request for proposal) checkl i sts and vendor eval uati on ti ps; ■ networking with other agencies implementing similar technologies and facing similar challenges Police Corps. Another noteworthy federal training resource ai med at hel pi ng I ocal communi ti es i s the Pol i ce Corps, a program sponsored by the U.S. Department of Justice. The Police Corps helps state and local I aw enforcement agencies increase the number of officers with advanced education and trai ni ng who are assi gned to communi ty patrol. Similar to the Peace Corps, the Police Corps is intended to moti vale qual i f i ed young peopl a to serve as pol i ce off i cers and sheri ffs' deputi es i n muni ci pal i ti es, counti es and states that need them most. I t does thi s by offeri ng Federal schol arshi ps on a competitive basis to college students who agree to serve where needed on community patrol for at least four years. The Pol i ce Corps al so reduces I oval costs of hi ri ng and trai ni ng new off cers. Pol i ce departments hi ri ng Pol i ce Corps graduates receive $10,000 /year per graduate for each of the four years of the graduate's obligation. During that time, the Police Corps officer must be paid and accrue benefits and seniority as with any other officer. LAPD Training Academy: "Sa/eral thousand police officers had to I earn how to use the M DTs' The federal government pays for ri gorous I aw enforcement trai ni ng for each Pol i ce Corps parti ci pant. Parti ci pants who seek baccal aureate degrees begi n worki ng as offi cers shortl y after graduati on f rom col I ege. Those who pursue graduate study complete thei r servi ce i n advance. Students accepted i nto the Pol i ce Corps recei ve up to $7,500 a year to cover the expenses of study toward a baccalaureate or graduate degree. A student may receive up to $30,000 under the program. To be el i gi bl a for the Pol i ce Corps, a student must attend (or soon attend) an accredi ted publ i c or non- prof i t four -year col I ege or uni versi ty. U ndergraduate parti ci pants must attend ful I ti me. Parti ci pants may choose to study cri mi nal j usti ce and I aw enforcement or may pursue degrees i n other f el ds. The program operates within states that have submitted an approved state plan. Presently, some 27 states across the nati on parti ci pate i n the Pol i ce Corps program. To date, H awai ` i i s not a parti ci pati ng state. States join the Police Corps after the governor designates a state lead agency which consults and coordinates with local I aw enforcement officials, rank and file officers, representatives of police and sheriff labor and management groups, and appropriate state and local agencies to develop a state plan accordi ng to gui del i nes provi ded by the Off i ce of the Pol i ce Corps. 70 Fleet Management Training. In the area of police fleet management, the primary training resource is the National Association of Fleet Administrators, Inc. (NAFA). NAFA is a nonprofit individual membership professional society serving the needs of members who manage f I eets of automobiles, SU V s, trucks and vans, and a wi de range of speci al i zed mobile equipment for organizations i n the U ni ted States and Canada Annually, NAFA sponsors a "LaN Enforcement Group" (LEG) Conference designed for individuals responsible for the purchase of police vehicles and equipment, specifications for I acv enforcement vehi d es, supervi si on of pol i ce vehi d e mai ntenance and other aspects of pol i ce fl eet management. In 2003, the 35h annual L EG conference ti tl ed T3: Ti ps, Tool s, Techni ques was hel d i n San A ntoni o, Texas. Parti ci pants i ncl uded approxi matel y 250 federal , provi nd al, state, county and I oval I aw enforce- ment agend es i n the U ni ted States and Canada The 2003 L EG Conference i nd uded manufacturer presentati ons by Dai ml er Chrysl er, Ford and General Motors. Speaker presentations covered such topics as L i f ecycl e Cost Analysis for Police Fleets; Fundamentals for Acquiring Sped al ty Vehicles; Airbags and Equipment Installation; The Facts on Laptops and Airbags; Lighting Technology: Advantages of Today and Beyond; How to Re -Market Your LaN Enforcement Vehicles; Emergency Management; Two-Wheeled Patrol: Motorcycles in LaN Enforcement; and several Legi sl ati ve U pdates. I n A pri 1, 2003 Counci I members and the L egi sl ati ve A udi tor' s Off i ce encouraged the H aNai ` i County Pot i ce Department to attend the San A ntoni o L EG conference, but the department di d not do so. I n 2004, a roster of conference opportuni ti es for fl eet managers i ncl udes two semi nays sponsored by NAFA. Program topics include Pot i ci es and Procedures, Fleet Department Structure, Acquisition and Disposal, Maintenance and Technology, and A cci dent and Safety Management. The fi rst will be held in San Diego on February 22 -24, 2004, the second in Grapevine, Texas on October 17 -19, 2004. Other upcomi ng I aw enforcement conferences wi th a pot i ce fl eet trai ni ng component i ncl ude: June26 -30, 2004 — National Sheriffs Show Location: Seattle, Washington I nformation: (703) 863 -7828 or www.sheriffs.org August 14-18, 2004 —NAFA Law Enforcement Group Location: Las Vegas, Nevada I nformation: (732) 4948100 or pmurtaugh(a)nafa.org September 1417, 2004 -- Pol Ice Fleet Expo Location: Grand Rapids, Michigan Morel nformation: (816) 587- 5073orwww.policefleetexpo.com A ddi ti onal I y, a number of month) y I acv enforcement magazi nes f requentl y publ i sh arti d es and updates about police cars and police fleet management. Many of these publications offer online editions, including Police Fleet Manager, L acv and Order, Pol i ce Onl i ne, and Pot i ceD ri vi ng. com. In revi eNi ng the I i terature and I ore surrounding police cars, it is impossible not to notice that many police departments are blessed with personnel who are genuinely enthral I ed with police cars, their ever - changing sped f i cati ons, and the dynamics of police f I eet management. Some approach their job with the enthusiasm of NA SCA R devotees, others are keenly attuned to each new development that enhances pot i ce performance and publ i c safety. Some departments mai ntai n detai I ed, affecti onate websi tes about pot i ce cars through the years (San A ntoni o) or pot i ce communi cati ons apparatus (Los A ngel es). 71 There i s a I esson i nherent i n thi s ongoi ng I ove affai r of off cers and thei r cars: the uni que enthusi asm and experti se of a trai ned, moti vated pol i ce fl eet manager can be a powerful asset to a pol i ce department. That i ntangi bl e f actor warrants consi derati on i n H awai ` i County's di scussi on of pol i ce vehi cl es. (3) Microwave Infrastructure. Any sophisticated digital "in- field" interface with the Hawaii County Pot i ce Department's computerized system hinges on further development, construction and funding of the county's microwave radio system. Presently, a new $10.5 system will replace an existing 2GHz analog system which is 26 years old. Funding for the $10.5 system upgrade, cal I ed the H awai ` i County Pot i ce Department Microwave Relocation and System Renovation Project, includes $2.5 million from two commercial tel ecommu- ni cati ons companies, AT&T and T -M obi I e. The remaining $8 million i s f unded by County bonds. The first phase of the county's microwave upgrade will replace the existing system with a 6GHz digital microwave system that will support an 800 MHz trunki ng system. According to the H awai ` i County Police Department 2001 -02 annual report, the second phase of installing the trunked system was esti mated to cost $21 mi I I i on and was schedul ed for compl eti on i n 2006. Last year, H PD's 2003-04 budget narrati ve stated: " The new mi crowave system wi I I be the f rst phase i n providing an efficient `carrier wave' for an 800M Hz trunked radio system, which would provide increased channel privacy, increased channel usage and a decrease in outside radio interference. When the County procures an 800 M Hz system i t wi I I provi de the wi rel ess i nfrastructure for support such appl i cati ons as mobi I e data termi nal s and i nherent secured voi ce communi cati ons." M ore recentl y, M ayor Ki m's I i st of pri on ty capi tal i mprovement proj ects (I etter to Counci I Chai r James Y. A rakaki and Counci I members dated January 4, 2004) for consi derati on by the 2004 sessi on of the Hawaii State Legislature proposes a state appropriation of "$24 million of so much thereof as may be necessary for fiscal years 2005 through 2009 for the H PD for planning, equipment, facilities i mprovement, consul tart and proj ect management" for the U pgrade Tel ecommuni cati ons System, H PD. A proj ect/program justification summary in a County of H awai ` i proj ect data/f i nanci al i mpact statement dated November 17, 2003 states: "Replacement of the microwave system is absolutely necessary for the County's long-term objectives of providing reliable public safety services. The Federal Government has mandated migration to an 800 MHz trunked system for publ i c safety." Improvements to the County of H awal ` i Digital Upgrade M i crowave Prcj ect at 19 i sl and -wi de I ocati ons are consi dered vital for police and fire operations and to meet other county communi cati ons f uncti ons requi red by the FCC. The system i s responsi bl a for communi cati ons for the Pol i ce Department, Fi re Department, Publ i c Works Department, Ci vi I Defense, Department of Parks & Recreati on, and the Mayor's Off ce. 72 The system will also serve the State of HaAvai ` i Departments of Transportation, Land & Natural Resources, and Department of H ed th Emergency M edi cal Servi ces. Federal agenci es usi ng the system i nd ude the FB 1, Department of the A rmy M obi I e Emergency Radi o System, N ati onal Weather Servi ce, and Ha(vai ` i Volcanoes Observatory. H ELCO and the Ha(vai ` i Public Broadcasting System (PBS) will al so use the system. As stated in the Draft Environment Assessment for the project (June 2003): "These government agencies rely on telecommunications to communicate and transmit information and data between offices and fad I i ti es as wet I as to communi cafe wi th personnel i n the f e-1 d. The conversi on to a di gi tal system i s necessary to handle the expanding voice and data communications requirements of the public safety community." A n earl i er 1995 feasi bi I i ty study for H auvai ` i County's mi crowave upgrade proj ect (Schema Systems, I nc., Jul y, 1995) concl uded that a proper i nfrastructure was a fundamental prerequi si to to support addi ti onal technol ogy such as mobi I e data termi nal s and the N ati onal Cri me I nformati on Center (N Cl C) Prcj ect 2000. On October 10-12, 2000 the Public Safety Wireless Network (PSWN) program sponsored a symposium co- hosted by the State of H auvai ` i and the H onol ul u Pot i ce Department. At the H onol ul u symposi um, 198 publ i c safety off ci al s from around the country assembl ed to di scuss vari ous topi cs rel ati ng to publ i c safety wi rd ess communi cati ons i nteroperabi I ity. Chi of Lee Donohue of the Honol ul u Pot i ce Department and L i eutenant Governor M azi a K. H i rono provi ded i ntroductory and keynote remarks. The conferees noted that the i sl ands pose uni que pot i ti cal, governmental, and geographi c chal I enges that affect publ i c safety communi cati ons and i nteroperabi I i ty wi thi n the state. I n turn, the four counti es, i n vari ous stages of i mpl ementi ng new radi o systems, provi ded updates about thei r systems. The Honolulu Pot i ce Department reported implementation of an Ericsson 800 MHz, trunked radio system. The County of Kauai reported on its Motorola 800 MHz, trunked radio system. The County of Maui has i mpl emented an 800 M Hz E. F. Johnson radio system. Fi nal I y, the County of H auvai ` i was sai d to be " i n the embryoni c stages of devel opi ng a countywi de system." Its current conventional VHF radio system is considered obsolete. The County reported securi ng f undi ng for a neN system and was sai d to be addressi ng the effects of " ref armi ng a 2 gi gahertz (GHz) microwave spectrum." H aNal ` i County's I ate entry i nto the 800 M H z wi rd ess weepstakes, coup) ed wi th some recent experi - ences of the Honolulu Pot i ce Department, may be highly instructive for analysis of the County's development of a wi rel ess tel eoommuni cati ons system and, rel atedl y, i is f uture direction for police cars. On January, 4, 1999 Honolulu Pot i ce Chief Lee Donahue told the Honolulu Star-Bulletin that "we' re fast approachi ng the state where we' re becomi ng paperl ess on our report systems. Everythi ng i s goi ng to be done e-1 ectroni cal I y ri ght from the cars, and thi s i s al I goi ng to happen i n the next 18 months." Chi of Donahue' s predi cti on was I i nked to the i mmi nent compl eti on of a three-phase, ten -year td ecommu- ni cati ons upgrade proj ect. Phase 2 of the H onol ul u proj ect i nvol ved i mpl ementati on of an 800 M egahertz radi o system, operati ng i n both anal og and di gi tal modes. Donahue sai d that " coverage needed to be i mproved before regul ar beat off cers can swi tch to the di gi tal mode." 73 I n the fol I owi ng Phase 3, Donahue sai d that computers woul d be i nstal I ed i n patrol cars, a computer -ai ded di spatch system woul d be repl aced, and off cers woul d use an onl i ne wri ti ng system for reports. H e added that H PD was i nstal I i ng a document -i magi ng system for scanned documents to be accessed di rectl y by officers from thei r computers. Pad fi c Busi ness News (January 4, 1999) heral ded the neN system as "j ust the f i rst step toward seemi ngl y endl ess possi bi I i ti es i n strengtheni ng and streaml i ni ng I acv enforcement capabi I i ti es." M aj or Robert Prasser, commander of H PD' s Research and Development Division, said the department had secured a $9 mi I I i on COPS M ORE grant, suppl emented by $3.5 mi I I i on i n d ty matchi ng funds, to purchase I aptop computers for patrol cars to " put more i nformati on and control di rectly at off cers' f ngerti ps." Prasser sai d that anecdotal i nformati on he recei ved from other muni d pal i ti es showed that "when officers got laptops in their cars, the workload for dispatchers was reduced by 50 -70 %." He added, " off cers' producti vi ty skyrocketed wi th thei r abi I i ty to conduct thei r own i nformati on queri es." " Empi ri cal I y," sai d Prasser, " auto theft recoveri es and warrant arrests go up." He added that H PD hoped to integrate "officers' report writing into the mobile data communication system through the onboard laptops." Four years I ater, the Honolulu Advertiser reported (October 13, 2003) that the " cost of a [City & County of H onol ul u] troubl ed pol i ce mobi I e computer system coul d j ump by $10 mi I I i on because a radi o network i t was meant to ref y on can't hand) a the i ntended data I oad." M eanwhi I e, the H onol ul u Ci ty Cound I approved a resol uti on i n September, 2003 cal I i ng for an audi t of the $40 million police radio network, including neN portable radios, an upgraded computer -aided dispatch system, and a computers zed records management system. The A dverti ser stated that "auditors have al ready harshly criticized the city's Department of Design and Constructi on for al I eged poor management of the $12.5 mi I I i on mobi I e data computer system." H onol ul u Cound I man Rod Tam, who sponsored the audi t resol uti on wi th f ve other sound I members, stated: "There have been too many gl itches and a lack of communication. We f nd out the had way that something is wrong." Soon after the system's i mpl ementati on, pol i ce found there was i nsuffi d ent bandwi dth on the radi o network for computer data and voi ce transmi ssi on from other off cers at the same ti me. " The assumpti on was made earl y on that we woul d be abl a to throw al I thi s on a trunked radi o system and i t woul d work wel I," sai d A ssi stant Pol i ce Chi of Karl Godsey. " That proved to be wrong." Godsey stated that a solution required a dedicated channel for computer data, leaving the rest of the network open for voice communications. Potential vendors, he said, have esti mated that would cost $10 million or more. The improvement would use the existing network as a backbone, but require the i nstal I ati on of another radi o and antennae for each pol i ce vehi d e. " We are goi ng to pursue that route i n order to be successful," Godsey sai d. " We want high speed data transmission that's secure." 74 Compoundi ng H onol ul u' s wi rel ess mi seri es i s a pendi ng I awsui t surroundi ng al I eged software probl ems. The Adverti ser reported that when computers were f i rst i nstal I ed i n some 1,200 H PD vehi d es, " off i cers coul d not use them to write reports because software suppl i ed with the system di d not work as i ntended," accordi ng to pol i ce. The City and County has since withheld money from V eri zon H awai ` i , the system's supplier, and has reportedly hi red private attorneys to prepare for a I awsuit. I n I etters to the U. S. Justi ce Department obtai ned through the Freedom of I nformati on A ct, Pol i ce Chi of Lee Donahue cal I ed the on gi nal software " absol utel y unacceptabl e." In the meantime, the Advertiser reported that Honolulu police have ceased using the computers to transmi t reports vi a radi o. I nstead, the ci ty i s setti ng up a network of 36 data ports i n the f d d at pol i ce stati ons and other publ i c bui I di ngs to connect wi th pol i ce headquarters. What are the i mpl i cati ons of H onol ul u' s pol i ce wi rd ess network snaf u for H awai ` i County? On M ay 5, 2003 an A ssod aced Press anti d e ti tl ed " Radi o Towers to H d p B i g I sl and Pol i cd' stated that " H awai i County i s spendi ng more than $10 mi I I i on to repl ace many of the 19 rel ay towers provi di ng radi o servi ce to the Bi g I sl and Pol i ce Department and other agend es." The A P story added, "whi I e the tower network wi I I be converted from anal og to di gi tal technol ogy, the radi o equi pment wi I I remai n anal og." Pol i ce offi ci al s, accordi ng to the arti d e, "woul d I i ke to upgrade to a di gi tal radi o system, whi ch woul d al I ow the use of computers i n patrol cars to access records and other i nformati on." But, sai d Pol i ce Chi of Lawrence M ahuna, " the county has been unabl a to come up wi th the $25 mi I I i on i t would cost." On M ay 14, 2002, the County Counci I's Subcommi ttee on Tcchnol ogy and Communi cati ons, a sped al subcommi ttee convened by the Fi nance Commi ttee, revi ewed the progress of the " Fi rst Phase U pgrade on the Public Safety `Microwave Network System'." A briefing was provided by Assistant Pot i ce Chief Lawrence M ahuna, Pot i ce Major Morton Carter, Pot i ce Radio Technician 11 Leslie Matsumoto and Purchasi ng Agent B I I Gray. During the meeting, Council Member Lei thead -Todd inquired about the status of future fundi ng to fully comp) ete the mi crowave upgrade, as reported i n the transcri pt excerpt as fol I ows: M S. L E I T H EA D -T O D D: " ... someti me back, we had an esti mate of $24 mi I I i on." ASSISTANT CHIEF MAHUNA: " That's f or the 800 [ megahertz]." MS. L E I T H EA D-T OD D: "That's for the 800 [megahertz]? Okay, so it's 8 million to 6 [gig], and then at what poi nt are we goi ng up to the 8 [gi g] ? Or maybe not?' ASSISTANT CHIEF MAHUNA: "It may not be—you know, I've heard many recommendations. 800 [ megahertz] is a kind of standard that is used now to push data But i t pushes data at such a slow speed. By the time we are thinking about moving to a trunked radio system, there may be some new state -of- the -art system out there. There' s al so trunked V H F systems, which may be, because of the si ze of the i sl and." 75 MS. L E I T H EA D TODD: "So for the moment, bottom line i s, we appropriated $8 million, you're not anti ci pati ng comi ng back and aski ng us for more i n the near future?" ASSISTANT CHIEF MAHUNA: "I don't anti ci pate i t, no." I n so many words, Havvai` i County yet has not committed to fund the necessary and costly infrastructure to enable its police officers to operate in the new era of wireless communi cati ons in the field. Currently, M ayor K m has requested a $24 mi I I i on Cl P appropri ati on from the 2004 State Legi sl ature for the County's wi rel ess upgrade proj ect; the I i kel i hood of state fundi ng i s uncertai n. How i mportant i s thi s wi rel ess i nfrastructure upgrade for publ i c safety i n Hawai ` i County? The Poll i ce Department and other public safety agencies say it is vitally important. And the foregoing review of police technology trends does point to a resounding national shift toward digital communications capabilities for officers in the field. This efficiency also complements the emerging practice and ethic of "community policing," as well as the newest imperative of law enforcement— enhanced homeland security. For Hawai ` i County offi ci al s and taxpayers, the prospect of a $24+ mi I I i on bond fl oat to assure a f rst- rate standard of rel i abi I i ty and bandwi dth for an i sl and publ i c safety tel ecommuni cati ons system presents a daunti ng chal I enge: do we want to pay the bi I I and, if so, when? For the H awai ` i County Pot i ce Department, the challenge in coming years may involve continuing assessment of i is wi rel ess communi cati ons capabi I i ti es and astute coordi nati on of hardware and software procurement to avoi d the costly snafus recently experi enced i n Honol ul u. One conclusion that might be drawn from the information above is that the H awai ` i County Pot i ce Department i s si mpl y not ready to convert to the emergi ng standard of pol i ce package vehi cl es equi pped with state -of- the -art MDT communications apparatus. At present, the County has neither the 800 MHz " backbone' i nfrastructure nor the requi si to " i n -fi el d" hardwarelsoftware i n pl ay to reap al I the advantages of Detroi t model pol i ce cars. Does thi s mean the Pol i ce Department shout d not move forward to adopt thi s standard? N of at al 1. 1 t does mean, however, that the Pot i ce Department, the county admi ni strati on and the County Cound I should carefully assess how best to proceed, what learning curve must be attained, and what budget resources are needed. One recent development may warrant further exploration regarding the multi-million cost of H awai ` i County's microwave upgrade project. On September 25, 2003 the Department of H omel and Securi ty announced the award of $79.6 mi I I i on to some 17 counti es. The program i s admi ni stered by FEM A and COPS. I t provi des f undi ng through a competitive grant process to selected jurisdictions for demonstration projects that explore uses of equipment and technologies to increase i nteroperabi 1 ity among fire departments, law enforcement agencies, and emergency medical service communities. The maxi mum federal grant awarded under the program i s $6 mi I I i on. These proj ects are i ntended to i I I ustrate and encourage the acceptance of new technol ogi es and operati ng methods to assist communities in achieving i nteroperabi 1 i ty. No H awai ` i jurisdiction was selected in the 2003 grant round, however, and i t i s not d ear whether H awai ` i County's tel ecommuni cati ons upgrade would be el i gi bl a for funding. 76 D. Summary results of the "2004 Model Year Police Vehicle Evaluation" performed by the Michigan State Police and the National Law Enforcement Corrections Technology Center, National Institute of Justice Since 1981, the National Institute of Justice, through its National Law Enforcement and Corrections Technol ogy Center (N L ECTC), has partnered wi th the M i chi gan State Pol i ce (M SP) to conduct speedway time tried and other performance tests of current model Detroit "police package" patrol vehicles and sel eesed pol i ce " sped ad servi cd' vehi d es. Over the years, the annual " M i chi gan State Pol i ce Test' of police cars has become an important tool for the evaluation of police cars by state and local law enf orcement agend es. The si x M SP model year 2004 tests and respecti ve wei ghted scori ng val ues were. TEST DESCRI PTI ON POI NTS Vehicle Dynamics Testing .................. to determine high -speed pursuit handling characteristics, 30 measuring each vehicles blending of suspension components, acceleration capabilities, and braking characteristics Acceleration ..... ............................... to determine the time required for each test vehicle to 20 accelerate from a standing start to 60 mph, 80 mph, and 100 mph Top -Speed Testing ........................... To determine each vehicles speed at a distance of 1 mile 15 and 2 miles and the actual top speed attainable within a distanceof 14 miles from a standing start. Braking Testing ............................... to determine the deceleration rate attained by each test 20 vehicle on twelve 60 -to -0 impending skid (threshold) stops Ergonomics & Communications ......... to rate the vehicles ability to provide a suitable 10 environment for patrol officers to perform their job, to accommodate the required communi - cations and emergency warning equipment, and to assess the relative difficulty of installing the equipment Fuel Economy ... ............................... to determine fuel economy pctelid, which may not 5 accurately predict the cars actual fuel economy 100 For the 2004 model year, the four " pol i ce package" patrol vehi cl es tested were the Chevrol et I mpal a, Dei ml erChrysl er Dodge Intrepid, Ford Police Interceptor (3.27 axle ratio) and Ford Police Interceptor (3.55 ad a rati o) . For purposes of the M SP eval uati on, pol i ce package vehi d es are those deal gned and manufactured for use i n the ful I spectrum of I aw enforcement patrol work, i ncl udi ng pursui ts. The four "special service" police vehicles tested were the Chevrolet Tahoe (2 -wheel drive), Chevrolet Tahoe (4 -wheel drive), Ford Expedition (2 -wheel drive), Ford Expedition (2 -wheel drive) , and Ford Explorer (2 -wheel drive). M SP define a special service vehicle as one used by law enforcement for sped al i zed use (e.g., off -road, inclement weather, K -9 or commerd air vehicle enforcement), but not for high speed or pursuit driving. Whi I e the annual M SP pol i ce car tests do not represent product approval or endorsement by the N ati onal I nsti tute of Justi ce, U. S. Department of Justi ce, the N L ECTC Bul I eti n states that many state and I oval police departments have found that "evaluated [ M SP] vehicles provide reliable and safe performance under the increased demands of police service." 77 The 2004 N L ECTC Bul I eti n adds " Sel ecti ng a vehi d e that bal ances both budgetary and performance requi rements has become an increasingly challenging task for police fleet administrators. Many agencies are painfully aware of the consequences that resul t from bei ng 'penny wi se and pound fool i sh,' where vehi d es wi th inadequate performance, such as regular production passenger vehicles not speci fi cal I y designed for police service, are selected because they cost less than police-package vehicles. Although some agenci es have had I i mi ted success wi th nontradi ti onal pol i ce vehi d es, most agend es fi nd that the i ncreased mai ntenance costs resul ti ng from such vehi d es breaki ng down under the stress of police service quickly offset any initial savings." Detailed results of the "Michigan State Police Tests 2004 Patrol Vehicles" published in an 8-page N L ECTC Bul I eti n dated January 2004, are appended to thi s report secti on. I n addi ti on to publ i shed test resul ts, N L ECTC provi des an eval uati velbi d pri ce software package cal I ed "A utoBi d." A utoBi d is a Windows application designed to help police fleet administrators select the patrol vehi d e that i s best suited to the needs of their department. The I atest version of A utoBi d wi th 2004 model year vehicle evaluation data may be down) oaded etwww.nlectc.org/autobid/overvieN.html. A utoBi d offers two al ternati ve methods for sel ecti ng the best patrol vehi d e. (1) Ranki ng by Scores and (2) Ranki ng by B d and Scores. The f rst method consi ders onl y the performance test scores (i gnori ng bi ds) . I t ranks al I the vehi cl es by the r scores and i denti f i es whi ch vehi d e has the best overal I performance i ndependent of cost. The second method consi ders both vehi d e cost and performance scores. I t ranks the vehicles by the bi d pri ce adj usted for performance to i denti fy whi ch vehi d e i s the " Best Buy" i n terms of the I owest cost for equi val ent test performance. Ei ther or both of these methods may be used for a gi ven f I eet acqui si ti on deci si on. Ranki ng by Scores het ps eval uate vehi d es before a request for bi ds has been prepared and there i s I i ttl a or no i nformati on on the cost of the condi date vehi cl es. The resul is of thi s i ni ti al performance anal ysi s can be used to determi ne whi ch model vehi d es warrant a request for bi ds. Ranki ng by Bi d and Scores i s advi sed once the actual bi ds have been recd ved and a determi nati on of the wi nni ng bi d must be made. Fi nal I y, the January, 2004 N L ECTC M SP Tests But I eti n provi ded an update and reference I i nks on the acci dent hi story, I awsui is and eval uati ons assod aced wi th the Ford Crown V i ctori a Pol i ce I nterceptor. During the past six years, gas tank fires due to rear -end collisions involving Crown Victoria Police I nterceptors have ki I I ed more than a dozen pol i ce off i cers. Ei ghty -fi ve percent of al I patrol cars i n the United States are Ford's police interceptor cruisers. While lawsuits concerning Crown Victoria accidents remain pending in Arizona and Texas, the National Highway Traffic Safety Administration dosed a one - year i nvesti gati on i nto the Ford Pot i ce I nterceptor i n October, 2002. 1 t i s not the purpose of thi s report to ei ther endorse or di sparage any parti cul ar model of pol i ce car. However, the accident history, associated litigation, and the ensuing design and fire suppression enhancements undertaken by the Ford M otor Company for i is Crown V i ctori a Pot i ce I nterceptors warrant conti nui ng and prudent exami nati on. In addition to the annum MSP tests, the Los Angeles Sheriff's Department (LASD) conducts its own well-respected " LA SD Law Enforcement Vehicle Test and Evaluation Program." In addition to measuri ng vehi cl a performance, LA SD uti I i zes test procedures to predi ct I ong- range vehi cl a ref i abi I i ty factors. These include long-range engine and component tests measuring the temperature of engine oil, cool ant, transmi ssi on fl ui d and power steed ng f I ui d recorded under condi ti ons that si mul ate patrol car duty on a hot summer day. 78 LA SD mechani cs al so eval uate the ease and cost of mai ntenance and repai r, i nd udi ng transmi ssi on and water pump replacement, oil and filter changes, and tune -ups. They further study the difficulty of i nstal I i ng emergency equi pment – pri soner cages, shotgun racks, radi os, si rens and warni ng I i ghts. Thei r tests also assess the ergonomics of car interiors and the placement of devices that could contribute to acci dents or i nj uri es. The designs, test performance results, and patrol duty reputations of Detroit-built police cruisers are subj ect to frequent change and meri t d ose attenti on. I n recent years, the domi nate Crown V i ctori a has been chat I enged by the Chevrol et I mpal a, wi del y used by the N env Y ork Ci ty Pol i ce Department, and the Dodge I ntrepi d. Both the I mpal a and I ntrepi d are front -dri ve mi dsi ze cars wi th V -6 engi nes, i n contrast to the I arger V -8 Ford, wi th i is rear -wheel dri ve, body -on -f rame constructi on, I i ve -rear ad e, and I arge back seat and trunk. However, the Impala and Intrepid models have demonstrated competitive results as pursui t vehi d es, a popul ar measurement of pol i ce cars. H ow i mportant i s i t that the Ford Pot i ce I nterceptor (3.55 ad a rati o) model i s 4/1 od hs of a second faster than the Dai ml erChrysl er Dodge Intrepid in attaining 0 -60mph speed for police pursuit? This report ventures no concl usi on. Key secti ons deal i ng wi th " procedures" and " pursui t tacti cs" contai ned i n the H aivai ` i County Pot i ce Department's General Order (No. 602) relating to "Motor Vehicle Pursuit' are I awful I y confi denti al based upon a 1995 opi ni on by the Off i ce of I nformati on Practi ces. Of greater i mportance may be the overal I eval uati ve cri teri a and performance data for current model pol i ce cars provi ded by the M SP and LA SD tests, respecti Ay. These i nstruments for assessi ng vehi d e performance, longevity and cost bear close examination, although none of the studies conducted by HCPD from 1972 -2003 reference these nati onal Iy- acknowl edged tests as a basis for assessing the relative merits or costs of various pol i ce-package vehicles. A n excerpted summary of the 2004 M i chi gan State tests of 2004 model patrol cars i s shown bet ow: Michigan State Police Tests 2004 Patrol Vehicles Patrol vehicles are among the most critical purchases that a law enforcement agency makes. For both large and small agencies, patrol vehicle purchases frequently represent the second largest expenditure, after personnel, in their annual operating budgets. Selecting a vehicle that balances both budgetary and performance requirements has become an increasingly challenging task for police fleet administrators. Many agencies are painfully aware of the consequences that result from being "penny wise and pound foolish," where vehicles with inadequate performance, such as regular production passenger vehicles not specifically designed for police service, are selected because they cost less than police- package vehicles. Although some agencies have had limited success with nontraditional police vehicles, most agencies find that the increased maintenance costs resulting from such vehicles breaking down under the stress of police service quickly offset any initial savings. 79 For more than 25 years, the Michigan State Police (MSP) has conducted extensive evaluations of the performance capabilities of each new model year's police vehicles as part of its annual vehicle procurement process. Since 1981, the National Institute of Justice (NIJ), through its National Law Enforcement and Corrections Technology Center (NLECTC) system, has sponsored these tests through a partnership with MSP. By disseminating these results to State and local law enforcement agencies, NIJ helps these agencies select vehicles that maximize their budgets and ensures that evaluated vehicles provide reliable and safe performance under the increased demands of police service. The 2004 model year patrol vehicles were evaluated from September 20 through 22, 2003. For the purposes of the MSP evaluation, police - package vehicles are those that are designed and manufactured for use in the full spectrum of law enforcement patrol service, including pursuits. A special- service vehicle is a vehicle that may be used by law enforcement agencies for specialized use (e.g., off -road, inclement weather, K -9, or commercial vehicle enforcement), but is not designed or manufactured to be used in high- speed or pursuit situations. By creating this distinction, it is hoped that it will be easier for agencies to realistically assess the capabilities of each vehicle. Each vehicle is subjected to six major tests and evaluations. The results are weighted to reflect the relative importance of each attribute as related to MSP operational requirements. Exhibit 1 lists the tests and point scores. MSP scores each vehicle's overall performance, reviews the manufacturer's bid price, and calculates a final score for each vehicle using a sophisticated formula that combines both factors. Four police - package vehicles and four special- service vehicles were submitted for evaluation. Exhibit 2 provides a list and description of each vehicle. This NLECTC bulletin contains a synopsis of the test results; a detailed report also is available. Page 8 of this bulletin contains information on how to obtain the report. The MSP vehicle specifications, test categories, and scoring reflect MSP needs. If your department employs this or a similar method, consider your own needs carefully and alter the weighting factors accordingly. What's New for 2004 Exhibit 2 Wh ides lasted Category Vehicle Engine Police Chevro let Impale 3.81- (231 aid) SPFI Special Service Chevrolet Tahoe (2- v;heel drive, 5.31- (327 cid) SPFI Special Service Chevrolet Tahoe (4 -wheel drive) 5,31- X327 cid) SPFI Police Daimler Clirysler Dodge Intrepid 3.51- (214 cid, SPFI Police Fa rd Police Irterceptor X3,27 axle ratio) 4.GL (291 cid) SPR Police Ford Pal ice Interceptor X3,55 axle ratio) 4,6L X281 cid) SPFI Special Service Ford Expedition (2 -wheel drill� 5,41- 1330 cid) SMPI Special Service Ford Explorer l2 -wheel drive) 4.6L (281 cid) SPFI tid - oubninohdmplzmmunt SPFI- ogwnfial port fLclin *I nn kIPFI - rnuhiportfud inpuGnn SMPI - maquontial rnuldport fud inioAan L- lioaf Chevrolet: For the 2004 model year, the Impala is once again available in both the 9C1 police package and the 9C3 unmarked police package. Emission controls that comply with the New England States and California emissions requirements are now available on both the 9C1 and 9C3 Impalas, but must be specified at the time the vehicle is ordered. (: II Also, for the 2004 model year, the turnkey equipment installation program available through Kerr Industries has been expanded to include such items as — ■ Fold -down equipment tray and trunk organizers. ■ Low - profile deck lamps. ■ Power distribution center for accessory equipment. ■ Fu I I -size wheel covers. The Tahoe is once again available in either a 2- wheel -drive (2WD) or 4- wheel -drive (4WD) special- service package, in what is essentially a carryover from the 2003 model. In addition to the standard 4.8L (292 cid) engine, the 5.3L (327 cid) engine, rated at 285 horsepower, is an available option on both models. DaimlerChrysler: The Dodge Intrepid police - package sedan returns for a third consecutive model year. The 2004 Intrepid remains basically unchanged from last year, with the exception of new rear brake pads, which representatives of DaimlerChrysler's police vehicle engineering team say will assist in preventing premature front brake wear. DaimlerChrysler representatives also indicate that this will be the last year of production for the Intrepid police - package sedan, as DaimlerChrysler indicates it will introduce a completely new, yet - to-be- announced police - package vehicle in the 2005 model year. Ford: For 2004, the Police Interceptor features several powertrain improvements. A new air induction system increases the maximum rated horsepower (hp) of the Police Interceptor to 250, an increase of 11 hp from last year. Also available is an optional 3.55 rear -axle ratio, which Ford representatives state will enhance vehicle acceleration times, although it will reduce the maximum top speed of the vehicle to 119 mph. A new high- output generator, rated at 200 amp maximum, is now standard, as is a trunk - mounted power distribution box, which provides electrical power for accessories and equipment installed in thetrunk. New interior safety features for 2004 include stand -alone side air bags, which can be ordered as a separate option (previously only available in conjunction with the optional power seat package), and optional laminated security side glass. Also new for 2004 is Ford's Trunk Pack [trademark], a drop -in high- density polyethylene plastic shell with DuPont [trademark] KEVLAR [registered trademark] lining on the forward side, which Ford representatives state will reduce the risk of police equipment mounted in the trunk from penetrating into the back seat or fuel tank in high -speed rear impacts. A compressed natural gas (CNG) version of the Police Interceptor will be available in January 2004. However, Ford indicates that this will be the final year of production for the CNG version. The Explorer, Expedition, and Excursion sport utility vehicles (SUVs) are again available as special- service packages in a wide array of trim and equipment levels. Available options include 4WD or all- wheel -drive systems, a variety of gasoline and diesel engines, and several new exterior color options on each vehicle. The 2004 model year will be the final year of production for the Excursion SUV. Vehicle Dynamics Testing Objective: To determine high -speed pursuit handling characteristics. The 2 -mile road racing course contains hills, curves, and corners; except for the absence of traffic, it simulates actual pursuit conditions. The evaluation measures each vehicle's blending of suspension components, acceleration capabilities, and braking characteristics. Methodology: All vehicles are driven over the course a total of 32 timed laps by four separate drivers, each driving an 8 -lap series. The final score for the vehicle is the combined average of the 5 fastest laps of each of the four drivers. Exhibit 3 shows the average results of the vehicle dynamics test. 81 Exhibit 2 Wh icles tested 'Category Vehicle Engine Police Chevro let Impale 3.8L 01 cid) SPFI Special Service Chevrolet Tahoe (2- v;heel drivel 5.3L (327 cid) SPFI Special Service ChavroletTehoe ;4 -wheel drive) 5.2L ;327 cid) SPFI Police Da i m lerCh rvsler Dodge Intrepid 3.5L (214 cid', SPFI Police Ford Police Interceptor X3,21 exle ratio) 4,EL (291 cid) SPFI Police Ford Police Interceptor ;2.55 axle ratio) 4.oL ;281 cid] SPFI Special Service ffr Ford Expedition (2 -wh-� SAL (330 cid) SMPI Special Service Ford Explorer 12- vrheeI drive) 4.6L (281 cid) SPFI rid - oubninohdnplaoonont SPFI- o2qLOnfial port halin *tnn Interceptor MPFI - rnuhiportfud inpoGOn SMPI - o2quontial multipart fud iniooGOn (mph' L- lifer 12WD) (4WD, Acceleration and Top -Speed Testing Acceleration Objective: To determine the time required for each test vehicle to accelerate from a standing start to 60 mph, 80 mph, and 100 mph. Methodology: Using a Datron Non - Contact Optical Sensor in conjunction with a personal computer, each vehicle is driven through four acceleration sequences - -two northbound and two southbound - -to allow for wind direction. The average of the four is the score on the competitive test. Er:hil.il 4 R &suits of acceleration and top -speed testing Daimler- Ford Ford Chevrolet Chevrolet Chrysler Police Police Ford Ford Snead Chevrolet Tahoe Tahoe Dodge Interceptor Interceptor Expedition Explorer (mph' Impala 12WD) (4WD, Intrepid 13.27 axle ratio) 13.55 axle ratio) l2WDj 12WDj 0-20 2.00 1.EE 2.02 1.91 1.7E 1,78 1.96 1.72 0-30 3.20 3.13 3.33 3.13 3.09 2.99 3.40 2.93 0-40 4.58 4.43 471 4.50 4.47 4.42 5.00 4.41 0-50 13.51 4.36 6.76 6.37 6.20 6.15 7.44 6.30 0_Z0 9.00 8,58 9.20 8.56 8,44 8.25 10.11 8.90 0-70 11.76 10.97 11.81 11.21 10.89 10.63 13.24 11.79 0-80 15,24 14.72 16.00 14.15 13,E 13.74 1764 1554 0-90 20.31 19.50 21.AG 18.40 18.15 1790 23.67 21.10 0-100 26.42 IVA NIA 23.56 23.30 22.52 NIA 28.25 Top speed 123 59 W 135 128 118 104 107 Nom: Fgurus roprumnt tho mmrraga ar four runs. All viahiob arc ogLippad with Ql=mnio spuod Iinimrn. NA- Yohiob dd nut achimm ar oxaad IDO nnph. Top Speed Objective: To determine each vehicle's speed at a distance of 1 mile and 2 miles and the actual top speed attainable within a distance of 14 miles from a standing start. Methodology: Following the fourth acceleration run, the vehicle continues to accelerate to the top speed attainable within 14 miles from the start of the run. The highest speed attained within the 14 miles is the vehicle's score on the competitive test. Exhibit 4 summarizes the acceleration and top -speed test results. ,; Braking Testing Objective: To determine the deceleration rate attained by each test vehicle on 12, 60 -to -0 mph impending skid (threshold) stops, with ABS in operation if the vehicle is so equipped. Each vehicle will be scored on the average deceleration rate it attains. Methodology: Each vehicle makes two decelerations at specific, predetermined points on the test road from 90 to 0 mph at 22 ft /sec[squared], with the driver using a decelerometer to maintain the deceleration rate. Immediately after these heat -up stops are completed, the vehicle is turned around and makes six measured 60 -to -0 mph impending skid (threshold) stops with ABS in operation, if the vehicle is so equipped, at specific, predetermined points. Following a 4- minute heat soak, the entire sequence is repeated. The exact initial velocity at the beginning of each of the 60 -to -0 mph decelerations and the exact distance required to make each stop are recorded by means of a Datron Non - Contact Optical Sensor in conjunction with a personal computer. The data resulting from the 12 stops will be used to calculate the average deceleration rate, which is the vehicle-s score for this test. Exhibit 5 shows the results of the braking test. Exhibit 6 Restllts of braking test Phase Avg. initial apead ;mph)• Avg. stopping list. Ift)' Avg. deosleration rate (fdeecT Phase II Avg. initial apead ;mph)• Avg. stopping dirt. Ift1' Avg. deceleration rate (ftlsec )* 28,8 Avg. Deceleration 28.85 Rate (ftfsec�l" Projected stopping 134.2 dietanoe from 60 mph beaed on average deceleration rate (i�L__J 272 26.7 29.5 27.19 26.61 28.18 2G.3 25,9 23,1 25.89 25.74 27.09 213 142.4 145.5 137., 5 149.6 154.E 142.9 Nola: All which haau arrtlmki ng hmki ng ■"tzna. Piguma mpm ml tha a raga of ■rc muasumd stops. " Qslcubswd fmm thQ moraga dumlaration rata Ot`M01 of 12 rncasu and smpc Ergonomics and Communications Objectives: To rate the vehicle's ability to provide a suitable environment for patrol officers to perform their job, to accommodate the required communications and emergency warning equipment, and to assess the relative difficulty of installing the equipment. Methodology: A minimum of four officers independently and individually score each vehicle on comfort and instrumentation. 83 Daimler- Ford Ford Chevrolet Chevrolet Chrysler Police Police Ford Ford Chevrolet Tahoe Tahoe dodge Interceptor Interceptor Expedition Explorer Impala 12wD1 (4WD) Intrepid (3.27 axle ratio) 13.55 axle ratio) (2W d) MYD] 59.8 GO.0 00.1 59.8 59.8 GO.1 60.1 133.02 142.25 146.40 138.25 150.95 151.35 143.37 143.13 28.9 26.5 278 25.5 25.7 59.9 59.4 59.9 59.8 59.7 60.1 ED.3 60.1 133.83 139.47 14453 134.53 146.12 150.92 141,8E 14238 28,8 Avg. Deceleration 28.85 Rate (ftfsec�l" Projected stopping 134.2 dietanoe from 60 mph beaed on average deceleration rate (i�L__J 272 26.7 29.5 27.19 26.61 28.18 2G.3 25,9 23,1 25.89 25.74 27.09 213 142.4 145.5 137., 5 149.6 154.E 142.9 Nola: All which haau arrtlmki ng hmki ng ■"tzna. Piguma mpm ml tha a raga of ■rc muasumd stops. " Qslcubswd fmm thQ moraga dumlaration rata Ot`M01 of 12 rncasu and smpc Ergonomics and Communications Objectives: To rate the vehicle's ability to provide a suitable environment for patrol officers to perform their job, to accommodate the required communications and emergency warning equipment, and to assess the relative difficulty of installing the equipment. Methodology: A minimum of four officers independently and individually score each vehicle on comfort and instrumentation. 83 Personnel from MSP's Communications Division who are responsible for new car preparation conduct the communications portion of the evaluation, based on the relative difficulty of the necessary installations. Each factor is graded on a 1 -to -10 scale, with 1 representing totally unacceptable and 10 representing superior. The scores are averaged to minimize personal prejudice. Exhibit 6 shows a comparison of the exterior and interior dimensions of the vehicles evaluated. Exhibit 6 &toninary of exterior and interior dimensions r0a n ufact u reril.1ode I Chevrolet Impale Chevrolet Tahoe DaimlerChryaler Lodge Intrepid Ford Police Interceptor Ford Expedition Ford Explorer l2V.D1 r0a n ufact u reril.1ode I Chevrolet Impala Chevrolet Tahoe DaimlerChryaler Lodge Intrepid Ford Police Interceptor Ford Expedition Ford Explorer (2VYD) Length Height Wheelbase Weight Head Room Head Room Leg Room Leg Room 3oore finches? (inches) (inches) (Ibs) (front) treart (front) (rear) Ford Police Interceptor 200.1 575 110.5 3,563 imL 39,2 56.8 42.2 36.4 198.9 ?6.3 116.0 5,04&15,570 (ei 40.7 39.4 41.3 38.6 203.7 55.9 113.0 3,567 39.3 575 42.2 39.1 212.0 58.5 114.7 4,200i4,185 (b) 39.4 38.0 42.5 39.6 205,8 7774 119.0 5,444 39.7 39.8 41.2 36.7 189.5 71.4 114.0 4,421 39.9 38.9 42.4 372 Trunk Shoulder Shoulder Hip Hip Interior, Interior, Interior, Capacity( Fuel Room Room Room Room Front Rear Combined Max. Cargo' Capacity tfrontl treart (frontl (rear] tcubicfeet) toubiefeetl (cubicfeet) (cubicfeet) (gallons) 59.0 58.9 56.5 55.7 5G,5 48,2 1047 18.E 1710 65.2 EGA 61.4 61.3 94.3 57.3 151.6 573 26.0 59.0 58.1 56.3 56.6 55.0 49.5 1045 18.4 170 60.8 60.3 57.1 59.0 53.2 51.1 109.3 20.6 19.0 G3.4 64,3 63.0 62.4 113.2 55.8 149.0 106.1 28.0 59.1 58.9 55.0 54.2 81, 8 44.5 126.5 88.0 22.5 ' ?fin■ am moasumd for trunk mpaoty, SUVs and ■pmialaomim rohiolo■ am nvaa and fon maximum m rg3 (mar ®tm fddod do nX {at 2�hod dnieoA abool driw. (h) 3.37 axle ratnf3gg wdo ratio bNth oonpfot■ pans tim. Exhibit 7 shows the results of the ergonomics and communications test. Exhi bit 7 RestiFts of wgonornics and conuntillicatioils tesx I'danufacturerlModel 3oore Chevrolet Impale 206.78 Chevrolet Tahoe t2V. D) 2 17A Chevrolet Tahoe OWD) 217.40 DaimlerChrysler dodge Ina repid '1%.70 Ford Police Interceptor 199.50 Ford Expedition (AVID) 187.67 Ford Explorer (2WD) 210,98 Noho: Smrm arc tha lolal paints itv aulornohilo rwaroad far aadr aP tha 20 attribute tha MSP mnsidaf important in data"i ning tFc acmpt ability oftFowhidoasapartedoar -fora nnpta, front soft adjustability, obrity of ire&umontation, a nd franl and bads rini hility. Tha hghor tho numhor, the her tho whda xoorod 0 Fuel Economy Objective: To determine fuel economy potential. The scoring data are valid and reliable for comparison, but may not necessarily be an accurate prediction of the car's actual fuel economy. Methodology: The vehicles' scores are based on estimates of city fuel economy to the nearest 1/ 10 of a mile per gallon from data supplied by the vehicle manufacturers. Exhibit 8 shows the estimated Environmental Protection Agency (EPA) fuel economy ratings, rounded to the nearest whole number, for city, highway, and combined driving conditions. Exhibit 8 FUCA economy Manufacturer +h9odeI Chevrolet Impale 3,8L ;231 aid) id) S PFI Chevrolet Tahoe (2 -wheel drive) 5.31- (327 cid) SPFI Chevrolet Tahoe WwheeI drive) 5.31- (327 aid) SPFI � DaimlerChrysler Dodge Irrtrepid 3.9L 1214 cid) SPFI Ford Police Interceptor 4,61- (291 cid) SPFI Ford Expedition (2 -wheel drivel 5.41- (330 oid) SMPI Ford Explorer (2 -wheel drive) 4.61- (281 aid) SPFI EPA Miles Per Gallon City Highway Combined 20 20 23 15 20 13.5 14 18 16.5 19 27 22 16 21 18 A 13 17 15 If you would like a copy of the full report, write or call the National Law Enforcement and Corrections Technology Center, 2277 Research Boulevard, Mail Stop 8J, Rockville, MD 20850, 800 - 248 -2742, or 301 - 519 -5060; or download it from JUSTNET, www.justnet.org. The National Law Enforcement and Corrections Technology Center is supported by Cooperative Agreement #96- MU- MU -K011 awarded by the U.S. Department of Justice, National Institute of Justice. Analyses of test results do not represent product approval or endorsement by the National Institute of Justice, U.S. Department of Justice; the National Institute of Standards and Technology, U.S. Department of Commerce; or Aspen Systems Corporation. E. Considerations and Options for Police Vehicle Purchasing, Leasing, and Fleet Management " Obstad es are those fri ghtful thi ngs you see when you take your eyes off the goal." Henry Ford In reviewing the I i terature surrounding the purchase of police cars in the United States, several findings are noteworthy for the consi derati on of pol i ce car procurement i n H aivai ` i . Fi rst, H awai `i i s the onl y state i n the nati on that does not have a I ead state pol i ce force or hi ghway patrol. While the state sheriff's office serves the Judiciary and the Department of Public Safety serves the correcti ons system, nei they performs tradi ti onal pol i ce duti es. A I I pol i ce f uncti ons — i ncl udi ng enf orce- ment of traff i c I aws — are performed by the four counti es. 85 Thi s often overl ooked fact has i mpl i cati ons for the subj ect of county pol i ce cars. I n many states, the I ead state I aw enforcement agency acts as a master purchasi ng agent for vari ous towns, muni ci pal i ti es and counties buying police cars. Alternatively, many smal I er j uri sdi cti ons buy used state police cars. In Hawai'i, however, neither the" piggyback" nor" hand -me- down" procurement option is available to the counti es. Nor, to date, have the four county police departments undertaken any collaborative procurement " pool i ng" i ni ti ati ve to commonl y purchase pol i ce cars. A s a resul t, three di sti nct cost -savi ng opti ons f or pol i ce car procurement are not exerd sed i n H awai ` i . Pooled purchasing, like "piggybacking," gives smal I er agencies the ability to acquire vehicles under the umbrella of a larger single bid. As noted by Curtis Exley in an anti d e titled "Procurement of Law Enforcement Vehi d es" (FBI Bulletin, August, 2002) , "this proves advantageous to al I who parti ci pate as each enti ty can profit from the cost reduction acquired by ordering a lager number of vehicles." The drawback, he notes, i s that " smal I er agend es have to accept the [vehicle] standards that the lager agency has endorsed." Munici pal Manager's 2002 Report, Teaneck, NJ As a member of the New Jersey State Cooperative Purchasing Program, the Township was able to add Teaneck's requirements to all other municipal police car needs in the State of New Jersey. The larger quantity of police vehicles was publicly advertised by the New Jersey State Purchasing Bureau. Competition generated by the public bidding process, and the cumulative greater amount of police vehicles requested on behalf of the State Purchasing Bureau, resulted in a lower priced police vehicle for all cooperative members of the System, Teaneck included. In 2002, we were able to purchase six Ford Crown Victoria police cars, at a delivered price of just under $20,500 each. N one of the police car studies performed by H CPD to date have explored the possi bi I i ty of pooled vehi cl e procurement by the four counties. Whether this option is feasible, like the option of establishing an i nsurance pool, i s subj ect to specul ati on. Thi s report suggests that pool ed procurement meri is consi derati on. A I I four counti es share a common f scal year and are subj ect to a common state procurement I aw. Whi I e geographi cal chal I enges, patrol assi gnments, mai ntenance opti ons and I ogi sti cs certai nl y may di ffer among the counti es, i t i s at I east intriguing to ponder whether a thoughtful review by county police chiefs, fleet managers (Maui, Kauai and the City & County of Honolulu) and purchasing agents might identify commonality in patrol car sped f i cati ons warranti ng devel opment of a pool ed bi d system by the counti es. Buch a development might further yield the benefit of standardized statewide recognition of police vehicles by the public and H awai ` i' s 6 mi I I i on+ annual visitors. FOUR WHEEL DRIVES -- The Hawai'i County Police Department's Patrol Division welcomed the delivery of two new four - wheel -drive sports utility vehicles. The vehicles provide off -road capabilities and are used primarily for transferring arrestees between districts and the Hawai'i Community Correctional Center and for responding to calls for assistance from rural areas. All vehicles added to the Department's fleet display new exterior graphics that increase visibility, particularly at night, and improve appearance and recognition by visitors accustomed to a marked patrol fleet. The total price tag on the new vehicles amounted to $87,390. The department was able to retire several aging patrol units with high maintenance costs as a result of the acquisition. SOURCE: 1998 HCPD Annual Report Throughout the U ni ted States, there i s great di spari ty i n the si ze and budgetary resources of the thousands of state, county and I ocal pol i ce forces. Thi s, i n turn, i s ref ected i n the wi de array of vehi d es purchased or leased for police work. Some police departments are fiercely committed to Detroit police package vehicles. Others make do with standard consumer models or strictly used cars. The size and population of j uri sdi cti ons served and thei r respecti ve muni ci pal budgets often determi ne the sped f cati ons and costs of pol i ce vehi d es. While the U.S. Department of Justice offers a wide array of grant program funds to local police departments, i t does not f and the purchase of tradi ti onal pol i ce patrol cars. A s a resul t, the cost of pol i ce vehi d es i s usual I y borne by muni ci pal i ti es and I oval taxpayers. One notable exception to this lack of federal subsidies for police vehicles is the Community Services Program of the U SDA Rural Devel opment A gency whi ch provi des fundi ng for rescue vehi d es and f re trucks for smal I rural communi ti es that I ack the resources to purchase vehi d es and equi pment wi thout federal assi stance. Typically, these USDA grants are awarded for the purchase of only one or a few pol i ce cars i n ecceedi ngl y poor rural j uri sdi cti ons. A s such, H awai `i County's overal I revenue base and f scal heal th may di ssual i fy the County for such U SDA grants. According to Curtis Exley (FBI Bulletin; August, 2002), "transportation equipment costs rank second as the greatest expendi ture that a I aw enforcement agency faces, j ust bell ow personnel sal ari es and benef i ts." A s a resul t, he says, " I aw enforcement agend es must consi der i mproved strategi es for devel opi ng budget esti mates" for pol i ce cars. Such esti mates, Exl ey says, " i nd ude the bi ddi ng process, I i fe -cycl a esti mates (i .e., vehi d e operati on and mai ntenance), purchase and I ease opti ons, vehi d e rotati on or repl acement, and fleet liability." Pol i ce departments buyi ng pol i ce package model s devel op a I i st of vehi cl a speci f cati ons i n prepari ng a bi d. A s menti oned earl i er, the annual performance tests performed by the M i chi gan State Pol i ce and Los A ngel es Sheri ff' s Department are one tool for assessi ng the rated performance and capabi I i ti es of Detroi t pol i ce cars. A nother val uabl a tool for prepari ng a budget esti mate for pol i ce car procurement i s the " L i fecycl e Cost Analysis" (LCA) software developed by the National Association of Fleet Administrators (NA FA) . According to an anti cl e i n Pot i ce F I eet Manager i n 2002, NA FA' s L CA software package enables a f I eet manager to "not only make a scientific decision on vehicle purchase and retention policies, but also def end those ded si ons to thei r bosses who have to si gn the checks." The LCA anal ysi s tool consi sts of a seri es of M i crosoft Excel workbooks that accept numbers entered by a pol i ce fl eet manager and crunch them to provi de comparati ve anal ysi s of opti ons and thei r meri ts. The workbooks are accompani ed by narrated PowerPoi nt tutori al s and exerci ses for the use of the Excel spreadsheets. In addition to the purchase price of the vehicle, the LCA tool three categories of fleet costs. fixed expenses, operati ng expenses and i nci dental costs. Fi xed costs i nd ude the cost of managi ng the vehi cl e, speci al i zed equi pment i nstal I ati on and removal — I i ghts, radi os, si rens — as wet I as I i cense, i nsurance and depred ati on. Operati ng costs i nd ude fuel , mai ntenance, repai rs i ncurred by wear and col I i si on, of 1, ti res, etc. I nci dental costs i nd ude car washi ng, detal I i ng, parki ng fees, etc. 87 A NA FA survey found that "job sui tabi I i ty" was the biggest criteria used in selecting a vehicle, fol I owed by its initial purchase price. Other selection factors (shown from most important to least important bel ow) i nd uded: • Safety Record • Repai r Record • Servi ceabi I i ty • Delivery Time • Depred ati on and Resal a Cost • Warranty • Fuel Economy • Country of Manufacture • The I mage of the Owner as Pertai ns to the V ehi d e • Ease of A dmi ni strati on • 1 ncentive Programs Driver Preference • 1 nsurance Cost • Fringe Benefit Value A ddi ti onal I y, LCA takes i nto account the number of months the vehi d e i s expected to be i n servi ce before repl acement, mi I eage accumul aced before repl acement, ty pi cal monthl y mi I eage, book depred ati on rate, fuel cost, percentage of personal use of the vehi d e, the cost of extra mi I eage above that al I otted for I ease agreements, dai I y cost of vehi d e rental for one out of servi ce, and opti mum repl acement i nterval . What the LCA tool provi des i s an esti mate of the cost of the vehi d e over i is enti re servi ce I i fe, not j ust a base sticker price. Such I i fe -cycle analysis i s central to the methodology of f I eet management. In an arti d e titled "How Much Wi I I I t Cost?" in Police F I eet Manager (2002) , Tim Dees writes: "There are other fleet management decisions that are aided and justified by the use of this tool." H e adds " The total cost of personal use i s cal cul aced from the same vari abl es that esti mate I i fe-cyd e cost. For agend es that i ssue take -home cars, thi s cost i s i mmedi atel y apparent, and can be wd ghed agai nst the benefi t that the agency gai ns i n i mmedi ate response, hi gher vi si bi I i ty and i mproved moral e." Delineating multiple shift "pool" cars and take -home cars, Dees notes that "when officers have cars assi gned for i ndi vi dual use, they are not dri ven as often (typi cal I y not more than one shi ft per day) , and they are usual I y not dri ven as hard, as offi cers wi I I take better care of vehi cl es i n whi ch they feel `ownership.' The officers are more likely to see that preventive maintenance is performed at the proper times. All these factors add up to al I ow the vehi cl a to stay in service longer, both in terms of months and miles driven ..." Implicit in the design of NA FA' s LCA software is the premise that vehicle costs — including " mi I es driven for personal and business use" —are quantifiable, although, as Dees observes, "factors necessary to resolve the pool - versus -take- home -car issue (increased visibility, improved morale) are difficult to quantify." Such delineation of actual costs attributable to police duty versus personal use is fundamental I absent i n HaNai i County's present al I owance system. In his analysis of I i fe -cycl e vehi d e cost, Curtis Exley adds another important criteria: f 1 eet liability. H e asks: " What are the I egal consequences of keepi ng a car too I ong?' and poi nts out that " there are cases on f i I e provi di ng data where agend es have I ost I aNsui is because of poor) y mai ntai ned equi pment, whi ch was the mai n cause i n automobi I e crashes." H e specul aces that " a j ury may hesi tate to f nd faul t wi th a case i nvol vi ng a new patrol vehi d e, but has I ess of a probl em f ndi ng gui I t wi th an agency operati ng poorl y mai ntai ned or out -of -date equi pment." -I Such concern for I i abi I i ty, coupl ed wi th mall ntenance costs and performance, factor i nto the rotati on or repl acement of fl eet vehi d es. Exl ey states that " an i nformal survey by the M i chi gan State Poll i ce shows that most police agencies take their patrol cars out of service between 60,000 and 100,000 miles." The survey reported a mi I eage spectrum of as I i ttl a as 45,000 mi I es and as much as 150,000 mi I es. Exl ey advi ses, " agend es shoul d base repl acement cri teri a for a fl eet vehi cl a on el ements surrounds ng the age of the vehi cl e, operati ng costs, mi I eage, vehi d e fati gue, and current useful ness." Leasi ng cars provi des one sol uti on to accessi ng new, updated vehi cl es featuri ng the I atest engi neeri ng and i mprovements. I n general, there are four sources for I ease programs: Di rector from the manufacturer /vendor: The I essee muni ci pal i ty can negoti ate a nati onal account agreement di rectl y wi th a manufacturer or servi ce agency. 2. Through an independent service company: According to Exley, some positive features "include the agency obtai ni ng compl ete coverage, benefiti ng from si ngl e- source central bi I I i ng, and maxi mi zi ng all avai I abl a discounts in light of the service company's huge volume." 3. Through a I easi ng company: Similar to dealing with an independent service company. 4. In-house programs: Most suitable for lager fleets, operating vehicles in the thousands, whereby an agency devel ops i is own nati onal account program wi th a manufacturer /vendor for desi red servi ces and brand name vehi d es when desi red. Exl ey advi ses that when I ooki ng at I ease opti ons, " open -ended I eases stand as the most practi cal for I aw enforcement." A 1995 anti d e in NA FA Fleet Executive titled "Police Fleets Question the Benefits of Buying vs. Leasi ng" stated: " FI eet admi ni strators shoul d be I ooki ng at open -ended I eases where i t doesn't matter whether hol es are dri I I ed i nto the vehi d es or how many mi I es they've been dri ven or how of d the cars are." Open -ended I eases offer equi ty parti ci pati on; at the end of the use cycl e, the vehi d e sel I s for whatever the sal a val ue i s at the ti me. M oreover, I age capi tal cash expendi tures are avoi ded. Another I easi ng option — tax- exempt, lease-purchase financing — is suited for small municipalities. Payment i s spread out over 2 -5 years and the agency obtai ns ownershi p at the concl usi on of the I ease term. M uni ci pail I eases are contracts that do not create general obl i gati on debt; costs are f nanced at tax - exempt rates and no federal i ncome tax i s pai d on the i nterest. F. Summary I n presenti ng the foregoi ng materi al, thi s study makes no had recommendati ons as to the meri is of I easi ng vs. purchasing. We do reiterate our recommendation theta motivated representative from H CPD and a Finance Department purchasing agent attend the upcoming NA FA Law Enforcement Group conference in Las Vegas and engage other experienced police fleet managers and financing experts to gather i nsi ghts and counsel on the meri is and opti ons of fl eet f nanci ng and recommended operati ons. Wi th respect to county pol i ce cars, H CPD has expended consi derabl a effort over thi rty years defendi ng the status quo. Thi s study i I I umi nates a more dynami c real i ty: from the standpoi nt of desi gn, engi neeri ng, safety, communi cati ons apparatus, i denti ty, auxi I i ary equi pment, fuel economy and depl oyment, pol i ce cars are both percei ved and used i n new and ever - changi ng ways. The mi ssi on of publ i c safety must acknowl edge these devel opments. We The single most important criteria for vehicle selection cited by NA FA is "job sui tabi I i ty." This seems to us a good pl ace to begin. Currently, the H CPD standard providing an al I owance to every "sworn officer' appears more a sweeping entitlement than a real assessment of "job suitability." Just how much i mportance shoul d we attach to pol i ce cars as an el ement of publ i c safety? Thi s i s a questi on that can easi I y be bl own out of proporti on i f rhetori cal passi ons overwhel m astute anal ysi s. H ow patrol cars are assi gned and used — i. e., targeted patrol, engagement of the communi ty i n pol i ce work — may be as i mportant to the mi ssi on of publ i c safety as a pol i ce car's make and model. What vehi cl e i s best sui ted to each offi cer' s duti es and assi gnments? What are the speci al patrol needs of each of the ei ght pol i ce di stri cts on the i sl and? Obvi oust y, based upon current practi ce and known road condi ti ons, a quota of four -wheel dri ve and/or rear wheel dri ve speci al ty vehi cl es i s requi red. A s such, i t makes no sense to concoct cost esti mates based upon a 1:1 radi o of sworn off i cers to Ford Crown V i ctori as. Do all detectives and non - patrol personnel require police package vehicles? The extensive L EM A S survey data assembled by the US S. Department of Justice cited earlier indicates that nearly all police departments have a mix of vehicles based on different needs and assignments. Therefore, some provision for ordi nary sedans sui ted for pol i ce work i s appropri ate. Where do we want to be i n 5- 10 years wi th respect to our mi crowave upgrade and pol i ce voi celdata communi cati ons? What advances i n i n -car technol ogi es such as mobi I e data termi nal s do we wi sh to adopt? What cars offer the best el ectri cal and ergonomi c accommodati ons for these technol ogi es? We propose a forward -I ooki ng functi onal assessment of pol i ce patrol i n HaNai `i County as the basi s for making any determination about the al I owance system vs. a purchased or leased police fleet. Eventually, we bel i eve an assigned take -home f I eet system offers the best prospect for I i fe-cyd a cost contai nment and enhanced pol i ce presence. For patrol purposes, Detroi t pol i ce package cars and speci al ty vehi d es offer advantages, certai nl y; and an assi gned take -home pol i cy woul d mi ti gate much of the f nand al I oss for patrol off i cers i f a f I eet system were adopted. Finally, we encourage a dialogue among county police departments to explore the possi bi I i ti es of cooperative purchasing and insurance pooling. The counties are overdue for i nvesti gati ng thei r joint clout i n the marketpl ace. .I APPENDICES A. SH OPO Agreement, Article 18 ( "Subsidized Automobiles`) B. H awai'i County Police Department General Orders Relating to Subsidized Vehicles 1. General Order No. 802 "Police Vehicles and Equipment` 2. General Order No. 803 "Gasoline, Oil & Mileage Record` 3. General Order No. 808 "Transporting Persons in Patrol Cars` 4. General Order No. 809" UseofTemporaryVehidesforOffiaalPoliceDutyf 5. General Order No. 814" Police Subsidized Vehicle Extension Request Procedures` C. H RS Sections Relating to Government Motor Vehicles 1. -action 105-1 Government motor vehicles; certain uses prohibited 2. -action 105 -2(3) Exceptions 3. -action 105-71 nscription on county motor vehicles 4. -action 105-8 Character of inscription 5. -action 291 -31.5 Blue lights prohibited for motor vehicles, motorcycles, motor scooters, bicycles, mopeds. 6. -action 710 -1027 Resisting an order to stop a motor vehicle. D. Auditor-s Office I nquiry to Corporation Counsel re: SH OPO Contract 1. Memorandum dated July 15, 2003 from Legislative Auditor Connie Kiriu to Corporation Counsel Lincoln Ashida requesting an Opinion re: Article 18 ('Subsidized Vehicles` ) of the SHOPO contract 2. Copy of July, 13, 2003 Weq HaAdi Todayarticle titled "SHOPO Officlai: Unlikely policewill switch to fleet` 3. Memorandum (WRK No. 03 -5909) dated August 26, 2003 from Deputy Corporation Counsel Patricia K. O -Tooleto Legislative Auditor Connie Kiriu re: Article 18 ('Subsidized Vehicles` ) of theSHOPO Contract; and 4. Memorandum dated -September 8, 2003 from Legislative Auditor Connie Kiriu to Mayor Harry Kim, Chief LaATence Mahuna and Council Members transmitting Corporation Counsel Opinion / WRK No. 03 -5909 E. Bibliography 91 APPENDIX A SHOPOAGREEMENT,ARTICLE 18( "SUBSIDIZED AUTOMOBILES) AGREEMENT Between STATE OF HAWAI I CITY & COUNTY OF HONOLULU COUNTY OF HAWAI I COUNTY OF MAUI COUNTY OF KAUAI and STATE OF HAWAI I ORGANIZATI ON OF POLI CE OFFI CERS KVMZ!2- !2:::!.!KVCF!41 -!3114 ARTICLE 18.SUBSIDIZED AUTOMOBILES A. Providing of Automobile Allowances —A utomobile allowances shall be provided to police officers who are required by the Employer to purchase and regularly use their private automobilesfor official duty. B. Determination -The Employer shall determine who shall be required to provide an automobilefor official duty. C. VehicleSpecifications - TheEmployershalIdeterminethespecificationsofsuchvehicles. D. Replacement Vehicle - The police officer is responsible for providing an acceptable replacement vehicle whenever the employee's automobile is being repaired as the result of off duty damages. In the event damages should be incurred while on duty where no gross negligence is involved on the part of the employees, the employer shall provide a replacement vehicle for official use at no cost to the employee or reassign theemployeeto non - motorized duty. E. On Duty Damages- Employees whose subsidized automobiles necessitate repairs as a result of on duty damagesshall suffer no Iossof car allowancefor a period not to exceed six (6) months. F. Allowance During Leavesof Absence - Automobile allowance shall be continued during any authorized leaves of absencewith pay, including industrial injury leaves, not exceeding a continuous period of six (6) months. G. Required Equipment - Equipment required by the Employer for a subsidized vehicle shall be furnished and installed at the expense of the Employer. H. Insurance - The Employer shall continue the present practice of providing public liability and property damage insurance to include no -fault insurance for each subsidized vehicle. Comprehensive and collision insurancefor asubsidized vehicleshall bethe responsibility of the employee. Cost of repairsfor damages to a subsidized vehicle shall be reimbursed under circumstances which indicate that the damage occurred "on duty' or incurred while performing an official police function, and (1) wasthe malicious or negligent act of a third party, or (2) was not the result of gross negligence on the part of the officer. Reimbursement shall be made to the extent not compensated for by the deductible provision of the insurance policy, but not in excess of $100 for comprehensive insurance and/ or $250 for collision insurance. A final written statement of cost and list of damagesshall be presented to the Employer upon request for payment. '1 Notification - Whenever an employee is required to purchase, lease or otherwise obtain the use of an approved vehicle as a condition of continued employment or promotion, the employee shall be notified in advance and shall be given a reasonable time to effect the purchase, lease or use of such vehicle. J. Changes to Subsidized and /or Fleet Vehide Programs- The Employer agrees that changes to the present policies regarding automobilesfor police usewill not be madewithout prior consultation with the Union. K. Installation and Removal of Required Equipment- Whenever equipment required by the Employer isto be installed in subsidized vehicles, thefollowing shall apply: 1. The Employer shall install and removesuch equipment. 2. The Employer shall be responsible for repair of any damages caused by installation or removal of such equipment. Such responsibility shall be limited to damages caused only by authorized installation or removal. 3. The employee shall be responsible for the proper use and security of all required equipment. The Employer shall not be responsible for replacement or repair of required equipment which is stolen, lost, or damaged as a result of gross negligence on the part of the employee. L. Automobile Allowance Schedule - The monthly allowance paid by the Employer for subsidized vehicles shall be paid in accordancewith thefollowing schedules: CITYAND COUNTY OFHONOLULU G RO U P I - $488.00 Patrol Division - Central Command & Regional Command (M PO, Sergeant, Lieutenant, Patrol Detectives) Special Services Division (SSD) Traffic(all) Warrant Officers G RO U P 11 - $450.00 Criminal Investigation Division Juvenile Crime Prevention Division Police Activities League Criminal Intelligence Unit Research & Development Division Vice Division Records Training Division Personnel Division Community Relations Division COUNTY OF HAWAII G RO U P I - $488.00 Patrol (Sergeants, PO) Traffic Task Force Uniformed Lieutenants G RO U P 11 - $450.00 Criminal Investigation Division Criminal Intelligence Unit Community Relations Vice Division Juvenile Aid Bureau Records Traffic Division 93 M. County of M aui / County of Kauai 1. Private Automobiles Used for Official Duty - If any police officer is required by the County of Maui or the County of Kauai to purchase and regularly use the employee's private automobile for official duty, an automobile allowance shall be provided in accordance with the categories that have been agreed upon for the County of Hawaii. 2. Limitations- Whenever an employeewho has been required to regularly provide an automobile for official duty as provided in paragraph 1 above should the respective Employer subsequently terminatesuch policy: a. Any subsidized vehicle in use on the effective date of thetermination of the above policy and which is in satisfactory operating condition as determined by the respective Employer, shall be retained as a subsidized vehicle until said vehicle has aged six (6) years from the date the automobile was first sold. b. If the employee, with the approval of Employer, elects to waive the six (6) year period, the Employer shall provide a vehicle to the employee and discontinue the automobile as provided in paragraph 1, herein. N. Condition of Vehicle / Employee Responsibility - If the subsidized automobile is not in satisfactory condition, as determined by the Employer, the employee shall return it to satisfactory condition at the employee-s cost within a reasonable time but not to exceed 30 days from the date of notice. If not so returned, the automobile allowance shall beterminated. O. Gasoline Issued / Rate for On -Duty M iles- Gasoline for all units is to be issued at the rate of 10 official duty miles per gallon. Mileage overages may be carried forward but must be cleared within the next calendar month. The present practiceof distribution of oil shall becontinued. P. Time Limit on Use of Subsidized Vehicles The Employers agree that any employee who is required to provide a subsidized automobile shall be permitted to use such automobile up to eight (8) years from the date the automobile was first sold, provided such automobile meets the approved standards of the applicable Department. Notwithstanding the above, the subsidized automobile which has been used for eight (8) years may be permitted to be used for an additional two (2) year period upon appropriate application, each of both years, with the Police Department, provided such automobile meets the approved standards. Any decision by the Department of each one (1) year extension shall not be subject to the grievance procedure. Q. Window Tint - Subsidized vehicles may have tinted windows provided that the window tint meets all applicable Federal and State standards regarding window tint. In the event of a disagreement as to whether a subsidized automobile-s tinted window or windows meet Federal and/ or State standards, the Employer-s representative and the employee shall have the tint tested at an authorized State safety inspection station. The results of the test shall be binding on the parties. When the tint does not meet Federal and/ or State standards, the employee shall pay the cost of the test. When the tint meets the standards, the Employer representative shall pay the State safety inspection station the cost at the time of the test. Any violation or disagreement by employees of this section shall not be subject to the grievance procedure. .21 APPENDIX B H awai'i County Police Department General Orders Relating to Subsidized Vehicles 1. GENERAL ORDER NO .802 "POLICEVEHICLESAND EQUIPMENT` welej to] ►VitoU I ll fie\ 4101TiTITI Ll [y A Members authorized to use their own automobilesin police service may beg ranted acash automobile allowance as prescribed subject to the following conditions: A. Automobile allowance shall becancelled: 1. When a member is under suspension. 2. When on sick or injury leave in excess of six (6) months. 3. During all leavesof absencewithout pay. B. Automobile allowance shall becontinued during any authorized leavesof absencewith pay, including industrial injury leaves, not exceeding a continuous period of six (6) months. C. Automobile allowance may becancelled atthediscretion of the Police Chief. II. INSURANCEAND EXEMPTION A. Members granted an automobile allowance shall be entitled to public liability and property damage insuranceto include no -fault insurance. Comprehensive and collision insurancefor a subsidized vehicle shall bethe responsibility of the employee. B. Exemption from the vehicle weight tax may be granted members upon application and with the approval of the Pol ice Chief. Ill. SPECIFICATIONS FOR PO LI CE V EH I CLES Excluding replacements or temporary substitute vehicles which are covered by General Order 809, automobiles to be used in police service shall be subject to the approval of the Assistant Chief of the respective bureau, and shall conform to thefollowing specifications. A. Automobiles shall not bemorethan eight (8) years old from the datetheautomobilewasfirst sold. An additional two (2) year period may be granted subject to approval of the Assistant Chief of the respective bureau. Approved extensions are good for only one year and must b e applied for prior to the expiration of the eighth and ninth year of subsidized use. A Subsidized Vehicle Extension Request form (H PD/ ADM I N-038) in accordance with General Order 814 shall also be admitted. B. They must be clean and in good mechanical and serviceable condition. C. They must be registered to the member solely, or jointly with some other member of his family, except for lease vehicles. In such cases, a copy of the lease contract showing the officer as the lessee shall beprovided. D. A copy of the vehicle registration must be attached to the completed Authorized Police Vehicle Approval Request form (HPD/ ADMIN -002) for newly acquired police subsidized vehicles. E. Acceptable models shall be: four -door, two -door, and station wagons with rigid tops. Folding, canvas and/or other similar soft tops are prohibited. Truck and van type vehicles, and vehicles with diesel engines are also prohibited. F. Police service vehicles shall havethe following minimum dimensions: 1. A wheelbaseof not Iessthan 100 inches. 2. An engine of eight cylinders or the largest six cylinder engine manufactured for that make and model. 3. Seating capacity to accommodate four adult males comfortably. 95 IV. NUMBER AND SPECIAL NUMBER L I CENSE PLATES All subsidized vehicles used in police service shall have "number license plates" in accordance with Section 249.9 of the Hawaii Revised Statutes. Approved subsidized vehicles are only authorized to have "special number license plates; military service," pursuant to and described under Section 249.9.2, Hawaii Revised Statutes. Personalized number license plates, as described under Section 249 -9.1, Hawaii Revised Statutes, arestrictly prohibited on police subsidized vehicles. V. REQUIRED EQUIPM ENT All subsidized vehicles used in police service, whether by officer or employee, shall be equipped with at least four sets of safety seat belts. Other vehicles used temporarily in police service shall be equipped with one set of safety seat belts for each occupant of the vehicle. For the purposes of this section, the term occupant shall include driver and passenger. Safety seat belts shall be securely fastened and used by members and occupants whenever they aredriving or riding in thevehiclewhile on duty. VI. SPEED O M ETER CH ECKS Speedometers of police service vehicles shall be checked for accuracy by radar or other available scientific equipment at regular intervals under the supervision of the Captain of Patrol or the District commandersof the respective districts. VII. USE OFAUTOM OBILES Members receiving automobile allowances shall have available at all times approved automobiles in good mechanical and serviceable condition. Members shall not use another vehicle in police service except as provided by General Order 809. VIII. PERSONAL EQUIPMENT Any personal property or equipment stored in a subsidized vehicle shall be kept in a neat and presentable condition and not interferewith or damage any government equipment installed therein. Except for "decals" describing the make of the vehicle and dealership from which it was purchased, any other form of commercial advertising, political campaigning, or slogans on subsidized vehicles, whether permanent or temporary, is prohibited. IX. INSTALLATION OF EQUIPMENT All approved subsidized vehicles shall have their police radio antennas mounted at the discretion of the radio shop personnel to ensure optimum transmission/ reception. X. MODIFICATION OFEQUIPMENT Members shall not remove, add, alter, modify, change, exchange, convert, substitute, replace, transform, or supplant any equipment which may adversely affect the safety or reliability of the vehicle or department issued equipment. Lost, stolen, or damaged equipment shall be replaced at the member's expense pursuant to the collective bargaining agreement. ,AM ES S. CORREA Police Chief (Amended: 11 -27 -2001) M. 2. GENERAL ORDER NO .803 "GASOLINE. OIL& MILEAGERECORD` =VITA: 1101 ►Vile\ a 0 ZITATIT&CYTIRTALl 1 exel1 A. Memberswho use their private vehicleon authorized pol i ce busi ness. B. M embers authorized to use approved departmental vehicles for official business may draw gas and oil for the approved vehicle. C. Gasolineand oil shall not be drawn for avehicle not approved for service. II. RULES GOVERNING CONSUMPTION OFGASAND OIL A. Gas 1. Gasolinewill be issued at the rate on onegallon for each 10 miles of official travel. 2. Gasoline drawn shall beplaced in the drawing officer's vehicle only. 3. Where there is a mileage overage at the end of the month, the following shall apply: a. Mileage balance must be cleared during the next calendar month after it was accr u ed . b. M ileage overages not cleared during the next calendar month shall be forfeited. c. Gasoline shall be deposited only in vehicles authorized to be used by the officer accruing the overage. 4. Memberswho are short on mileage need not submit a memorandum at the end of that month,but must make up the shortage during the following month. Should a member not makeup his/ her entire shortage during the following month, he/ she is required to submit a memorandum explaining the reasonswhy. Member shall not thereafter draw fuel until the shortage is made up. 1. One (1) quart of oil will be allowed for each 500 miles of official travel. 2. Oil drawn under the above condition shall be placed in the vehicle crankcase at the time theoil isdrawn. a. Oil will not be allowed to betaken home except when oil is accumulated for oil change as outlined herein. b. Five - hundred milesof official travel is required for each quart drawn. c. For the purpose of this general order, the drawing of four (4) or more quarts of oil at onetimeshall constitutean oil change. d. The allowed amount of oil that may be accumulated per individual shall depend on the required amount necessary for an oil change in their particular vehicle. e. Upon drawing oil for an oil change, cumulative mileage in excess of the required amount shall beforfeited. i.e. An officer requests five (5) quarts of oil and has accumulated 2800 miles official travel at thetime of request. Of the 2800 milestraveled, 2500 miles is required for the five (5) quarts of oil. The remaining 300 miles shall be forfeited. M ileage accumulation beginsfrom zero (0). f. In any case, no more than the required amount of oil necessary for a single oil change in an authorized vehicle's crankcase may bedrawn in acalendar month. III. WHERE GASAND OIL MAY BE OBTAINED A. Officers in South Hilo, North Hilo, Hamakua, Kona and Puna shall draw gasoline and oil from their respective headquarters. B. Officers in South Kohala, North Kohala, and Ka'u shall draw gasoline from the County Motor Pool pumpsin their respective districts. Oil shall bedrawn at District stations. C. If leaded or unleaded gasoline isnot available in theabove(A & B) locations, officerswith vehicles requiring such gasolineshall draw from aservicestation designated by the Business Manager. D. District commandersshall requisition oil for their district from the District Manager. 97 IV. FUEL DISPENSING SYSTEM A. Computerized Fuel Dispensing System 1. Authorized personnel who have been issued a computerized fuel dispensing system key or have access to computerized fuel dispensing system keys for department owned vehicles, shall be guided by the established procedures on the use of the system. 2. In the event a problem occurswith the issued computerized key or system, members areto immediately report the incident to their supervisor, who shall takethe required action asset forth in the department's fuel dispensing system procedures. V. DRAWING GASFROM SERVICESTATIONS A. Officers drawing gasoline from commercial service stations shall sign their names, enter their badge and license plate numbers to the sales charge slip furnished by the commercial service station. Copy of salesslip shall beturned in to commanding officer after each drawing of gas. B. Each District Commander concerned shall at the end of each month collect all sales charge slips from the service stations, and shall verify the gallons of gasoline drawn with that noted in the daily mileage record book of each officer. 1. A monthly district gasoline and mileage report shall be compiled by each District Commander on forms provided. Such monthly report, together with all sales charges and a summary statement from the service station shall be forwarded to the Business Manager within fiveworking days of the new month. VI. DAILY AUTO RECORD A. Officers receiving a cash automobile allowance for the use of their vehicles shall maintain a Daily Auto Record. B. All block information shall befilled out completely. C. The auto record shall be kept in each officer's subsidized vehicle in a clean and neat manner, and with all entries recorded in ink up to and including the current date. D. The Daily Auto Record shall be kept in accordancewith thefollowing provisions: 1. Each officer will enter the amount of gas and/ or oil drawn in the proper column of his/ her record atthetimeit isdrawn. 2. He/ she will be responsible for maintaining correct totals to be submitted at the close of the month, and for balancing his/ her mileagewith the required figure for all gas and oil drawn. 3. Members shall be responsible for accurately entering in their Daily Auto Record, the odometer reading of their authorized vehicle at the beginning and ending of each tour of official duty. Daily computations for the total official miles traveled shall also be entered in theappropriate blocksfor the Daily Auto Record. a. Defective odometers shall be immediately reported to the officer's supervisor. 4. Any evidence of false entries or fabricated mileage will be considered a breech of disciplineand dealtwith accordingly. 5. The Daily Auto Record shall beturned in by each officer to his/ her immediate supervisor at the end of the last tour of duty for each month. The monthly report shall then be submitted to the Business Manager by the respective district of division commanders within five worki ng days of the new month. 6. Any officerwho overdrawson gasoline allowance may be subject to disciplinary action. 7. A separate Daily Auto Record will be maintained for each subsidized or loaner vehicle for useby officers during their normal tour of duty. 8. Commanders are responsible for the Daily Auto Record of each department owned vehicle under their control. VII. DAILYAUTO RECORD INSPECTION A. To ensure that each member is complying with requirements set forth under Paragraph VII, the Daily Auto Record will be subject to the folIowing inspection guidelines. 1. Each member's Daily Auto Record will be inspected by a superior officer a minimum of once each week. 2. Inspections maybe conducted in the field or at police headquarters. 3. Thesuperior officer while conducting his/ her inspection shall: a. Read the vehicle odometer to verify the recorded entry in the Daily Auto Record. b. Inscribe his/ her initials in the border alongside the entered odometer reading on said date of inspection. c. Should an inspection reveal "no entry" for a start or finish of a prior work day or days, the inspecting officer shall draw a Iinethrough the unrecorded days and initial same. Mileage credit for the unrecorded days will be zero (0). d. Should an inspection reveal "late entry" (inspection conducted during tour of duty and opening mileage for that work day not recorded), mileage credit for thework day will begin at thetime of inspection. Mileage that is incurred by officers outside of their normal tour of duty for police or police related purposesshall be recorded on aSupplementary Report Form (Form F/ 5). A. For each trip, the date, time, point of origin, destination, nature of business, mileage, gasoline and/ or oil drawn is to be entered on the form. If more than one sheet is used, show the total mileage on the last sheet only. B. These forms are to be submitted along with regular monthly mileage reports after having been checked and approved. C. Gasoline and oil shall be drawn in the manner provided in Paragraph III above for all approved supplementary mileage. ,AM ES S. CORREA Deputy Police Chief, Acting Police Chief (Amended: 10 -27 -2000) .. 3. GENERAL ORDER NO.808 "TRANSPORTING PERSONS IN PATROL CARS` A. Patrol Car For the purpose of this general order a patrol car is one which is used by a member for official purposes and/ or for which he receives a cash automobile allowance. B. Transporting Hitchhikers Membersshall not transport hitchhikers in patrol carsexcept under extreme conditions when it would be inhumaneto do otherwise. C. Transporting Family Except for some direct police purpose or by permission of their commanding officers, members shall refrain from transporting members of their family in patrol cars during duty hours (not including meal time). D. Transporting Females Except for police purposes, females shall not ride or be transported as passengers in patrol cars. Members transporting females shall report the vehicle's odometer reading to the police dispatcher upon beginning the trip. Upon arrival at the destination, members shall again report the vehicle odometer to the police dispatcher. E. Transporting Public Officials Membersshould not makeapracticeof transporting public officials for non - official purposes. F. Passengers in Emergency Vehicles Officers operating emergency vehicles on duty shall not permit passengersto ride, except when necessary in the accomplishment of an essential police objective or when authorized by asuperior officer. GUY A. PAUL Chief Of Police 100 4. GENERAL ORDER NO. 809 "USEOFTEMPORARYVEHICLESFOR OFFICIAL POLICE DUTY` 1. TEMPORARY V EH I CLES A. If the officer's subsidized vehicle is unavailable for official use, an approved temporary vehicle may be used. B. The vehicle shall be properly equipped with a blue light and have the capability to communicate on the police radio network. Plain clothes officers are exempt from the requirement of the blue light. (For the purposes of this section, a modified blue rooftop light furnished by the Radio Communications Division and a portable radio will meet the requirements of this order.) C. A department supplied vehicle may be approved for official use as a temporary vehicle providing thefollowing conditionsare met: 1. Authorization hasto begiven by thedistrict or division commander. 2. The use of such a vehicle shall not exceed 30 calendar days for any one incident except with the approval of the Chief of Police. 3. Full car allowance shall be continued if a subsidized vehicle is damaged in the performance of duty involving no fault of the officer and a department supplied vehicle is used temporarily. 4. In all other situations not specifically covered by the General Orders or contract agreement, a deduction from the officer's monthly car allowance shall be made when an officer uses a department supplied vehicle. The amount of deduction from the officer's monthly car allowance will be based on the period that the vehicle is used on a pro -rated basi s. D. The officer is responsible for providing an acceptable replacement vehicle whenever his automobile is being repaired as the result of off -duty damages, or when it is unavailable due to normal routine services or repairs. E. In the event damages should be incurred while on duty where no gross negligence or carelessness is involved on the part of the employee, the department will provide a replacement vehicle for official useat no cost totheemployeeor reassign theemployeeto non - motorized duty. F. Employees whose subsidized automobiles necessitate repairs as a result of on-duty damagesshall suffer no loss of car allowance for a period not to exceed six (6) months. G. Automobile allowance shall be continued during any authorized leaves of absence with pay, including industrial injury leaves, not exceeding acontinuous period of six (6) months. H. Whenever a temporary vehicle must be used, the concerned officer shall immediately contact the Fiscal Services Division describing thevehicleto be used for insurance purposes. I. Form titled Use of Temporary Vehicle for Official Duty (G.O. 809) shall be initiated by the concerned officer and submitted to the district or division commander for approval. The approval form is to be forwarded to the Fiscal Services Division within three worki ng days after the vehicle is put into service. 11. CLAIMS A. With approval of the Chief of Police, cost of repairs for damages to subsidized vehicles may be reimbursed to the extent not compensated for by the deductible provisions of the insurance policy, but not in excess of $250 provided thefollowing criteria are met: 1. The damagewas incurred while "on duty" or incurred while performing an official police function, and 2. Thedamagewasthe result of a malicious or negligent act of athird party, or thedamage was not the result of negl igence or carelessness on the part of the officer. 3. The department receives: a. A final written statement of cost for the repair job and list of damages. b. A written statement from the officer or insurance carrier indicating the amount of the member's deductible clause. 101 c. A statement from a police department official indicating accident did occur during assigned duty hoursand was not dueto officer's negligence. 4. No claim shall be filed with the County whenever civil action by the officer is pending against another individual for such damages. 5. Any amount paid by the County to the officer must be reimbursed in the event the officer subsequently makes collection either through his insurance carrier or by any other means. B. The officer shall not file a claim for damages to the subsidized vehicle where the third party responsiblefor thedamage hasfully reimbursed the officer for such damages. C. The officer shall not file claim for damagesto the subsidized vehiclewherethe negligent act was by a person acting as an agent or representative of the County. In such case, the appropriate remedy is the filing of a claim against the County pursuant to the provisions of the County Charter. D. Officers operating county -owned vehicles are not to personally settle any claim for damages resulting from an accident. E. Officers shall be responsible for the proper use and security of all required equipment and for the repair or replacement of required equipment which is stolen, lost or damaged as a result of negligence. III. DEADLINE FOR FILING A. Claimsfor damagesshall befiled within 60daysfrom thedateof occurrence. IV. INSURANCE A. Publicliability and property damage insurance shall beprovided by thedepartment for: 1. All county -owned and/ or privately -owned vehicles subsidized for the official performance of duty. 2. Authorized vehiclesthat may betemporarily required for official duty. (Example: Loaner or other privately -owned vehicle.) B. Collision and comprehensive insurance on private, subsidized vehicles shall bethe responsibility of individual members. V. EXPENSES INC U RRED A. Members shall not incur any expense or assume any obligations to the department on repairs, services, and rental or leasing charges of subsidized or temporary vehicleswithout prior approval of the Business M anager. GUY A. PAUL Chief of Police (A m en d ed 04- 20 -88) 102 5. GENERAL ORDER NO. 814 "POLICE SUBSIDIZED VEHICLE EXTENSION REQUEST PROCEDURES` I. PURPOSE To establish policy and procedures for extending the use of police subsidized vehicles beyond the contractual period of eight years(from the date the automobile was first sold). I 11111111111:103 4 two S✓vorn personnel, who are required to provide a subsidized automobile by the current collective bargaining agreement, shall be permitted if desired to use such automobile, beyond the eight -year period, provided that theautomobilein question meets the approved standardsoftheHawaii County Police Department. III. SUBSIDIZED VEHICLE EXTENSION PROCEDURES A. The requesting officer shall submit a Subsidized Vehicle Extension Request form (H PD/ ADM IN- 038) at least sixty (60) days prior to expiration of the eighth and ninth year of subsidized use and shall attach thefollowing: 1. A current certificate of Motor Vehicle Registration 2. Valid Safety Inspection form B. The requesting officer shall have the vehicle visually inspected for overall appearance by their District/ Division Commander or designee. The commander shall ensurethat thevehicle complieswith all departmental requirements(HPD/ ADM IN -038, Section B). 1. If the vehicle passes visual examination, theinspecting officer shall sign and datetheform. 2. If thevehicledoes not passthevisual inspection, the inspecting officer shall list reason(s) for the rejection in the "comments'section, sign, and datetheform. C. After passing thevisual inspection, the requesting officer shall then havethe vehicle inspected and road tested (at the officer's expense) by a certified automobile mechanic approved by the Police chief or his designate. The inspection will ensure continued suitability of thevehicle, which may include, but not be limited to, theexamination of the. 1. Structural and frame integrity of the automobile, 2. Engineand other drive train components, 3. Steering and suspension elements, and the 4. Braking system D. Thecertified automobile mechanic shall noteany findingsand recommendations, sign, and datetheform (Section C). E. The Police Chief or his designate will approve or deny the request for extension based on the recommendations of theinspecting officer and thecertified mechanic'sreport (Section D). F. Approved extend ons are good for only oneyear and must beapplied for prior totheninth and tenth year of service. After approval by the Police Chief or his designate, the subsidized motor vehicle extension form shall besent tothefiscal section with acopy routed tothe requesting officer. G. Officers who have not received approval for the extended use of their subsidized vehicles or have not replaced their vehicles by the end of the approved extension period, shall have their automobile allowanceterminated. H. If during any approved extension period the vehicle is found to be unsuitable for service, the extension shall becancelled. WAYNEG. CARVALHO, Police Chief Rev. 05/ 96 103 APPENDIX C H RS SECTI ONS RELATI NG TO GOVERNMENT MOTOR VEH I CL ES 1. Prohibited Use of Government Motor Vehicles. §105-1, HRS, specifies certain prohibited uses of state or county motor vehi cl es, as fol I ows: @216. 2! Hpwf sonf ou! npups! wf i j drrf t <1 df subj o! vt f t ! gspi j cj of e/ ! Fydf qu! bt gsp\y of e! j o! t f duj po! 216. 3- ! j u! t i brrrri cf ! vorrbxgvrri gps! boz! of st po! up! vt f - pqf sbuf - ! ps! esj wf ! boz! npups! wf i j drrf ! pxof e! ps! dpouspn rf e! cz! ui f ! Tubuf - ! ps cz! boz! dpvouz! ui f sf pg- ! gps! of st pobnl grrf bt vsf ! ps! of st pobrd vt f ! ) bt ej t uj ohvj t i f e! gspn! pggj dj brd ps! hpwf sonf oubrd t f s\y df ! ps! vt f * ! j odrrvej oh- xj ui pvu! rrj nj ubuj po! up! ui f ! hf of sbrrj uz! pg! ui f ! gpsf hpj oh- ! usbwf rd cz! ps dpowf zbodf ! pg! boz! pggj df s! ps! f ngrrpzf f ! pg! ui f ! Tubuf - ! ps! pg! boz! dpvouz ui f sf pg- ! ej sf durrz! ps! j oej sf durrz- ! gspn! i j t ! grrbdf ! pg! t f svy df ! ps! gspn! i j t xpsl ! up! ps! of bs! i j t ! grrbdf ! pg! bcpef - ! ps- ! ej sf durrz! ps! j oej sf durrz- ! gspn! t vdi grrbdf ! pg! bcpef ! up! i j t ! grrbdf ! pg! t f svy df ! ps! up! i j t ! xpsl / ! 2. Sect on 105-2(3) , H RS, provi des an excepti on to thi s prohi bi ti on for county pol i ce, as fol I ows: @216. 3) 4*! Fydf quj pot / ! Tf duj po! 216. 2! t i bmri opu! bggrrz! up- ) 4* ! Boz! of ncf s! pg! b! gprrj df ! of gbsunf ou! ps! b! gj sf ! of gbsunf ou! ps! pg! ui f ! t ubgg pg! b! i pt qj ubrr� ! ps! boz! pggj df s! ps! f ngrrpzf f ! pg! ui f ! cpbse! pg! xbuf s! t vggrrz! pg ui f ! dj uz! boe! dpvouz! pg! I poprrvrrv- ! xi f o! vt j oh! b! npups! wf i j drrf ! gps! b! of st pobm qvsqpt f ! j odj of oubrd up! ui f ! of st po( t ! t f svy df ! ps! xpsl ! ) cvu! opu! gps! grrf bt vsf * < 3. Required I nscription on County Motor Vehicles. §105-7, HRSspecify the required "inscription" on county motor vehi cl es, as fol I ows: @216. 8! Jot dsj quj po! po! dpvouz! npups! wf i j drrf t / ! Vorrf t t ! f ydf quf e! f wf sz! npups wf i j drrf ! pxof e! ps! dpouspn rf e! cz! boz! dpvouz! t i brrrri cf bs! po! cpui ! t j of t ! ui f sf pg ui f ! gpmTpxj oh! j of dsj quj po; ! #Gps! Pggj dj brd Vt f ! Porrz #/ ! Voef sof bui ! ui f j of dsj quj po! t i bmri cf ! ui f ! obnf ! ps! uj urrf ! pg! ui f ! dpvouz! boe! ui f ! obnf ! pg! ui f of gbsunf ou- ! dpnnj t t j po- ! cpbse- ! cvsf bv- ! pggj df s- ! bhf odz- ! ps! j of usv. of oubrrj uz! ui f sf pg! dpousprmj oh! ps! qpt t f t t j oh! ui f ! npups! wf i j drrf <1 f ydf qu! ui bu f wf sz! npups! wf i j drrf ! pxof e! ps! dpouspn rf e! cz! ui f ! cpbse! pg! xbuf s! t vggrrz! pg ui f ! dj uz! boe! dpvouz! pg! I poprrvrrv! t i brrrri cf bs! po! cpui ! t j of t ! ui f sf pg! ui f gpmYpxj oh! j of dsj quj po; ! # Cpbse! pg! Xbuf s! Tvgqrrz! . ! Dpot f swf ! Xbuf s #/ ! Ui j t t f duj po! t i brrrri opu! bggrrz! up! npups! wf i j drrf t ! ui bu! bsf ! gvsoj t i f e! up! ui f ! nbzps pg! ui f ! dj uz! boe! dpvouz! pg! I poprrvrrv! ps! up! ui f ! di bj sqf st po! boe! f yf dvuj wf pggj df s! pg! ui f ! dpvodj rd pg! boz! dpvouz- ! ps! up! ui f ! di j f g! pg! gpnj df ! boe! of qvuz di j f g! pg! gpnj df ! pg! ui f ! dj uz! boe! dpvouz! boe! dpvouj f t ! ps! nbobhf s! pg! ui f cpbse! pg! xbuf s! t vggrrz! pg! ui f ! dj uz! boe! dpvouz! pg! I poprrvrrv/ ! 4. Required Character of Inscription: §105- 8, H RS speci f i es the requi red " character of inscription" on county motor vehi cl es, as fol I ows: 0216. 9! Di bsbduf s! pg! j of dsj quj po/ ! Ui f ! rrf uuf st ! pg! t vdi ! xpset ! bt ! bsf sf rvj sf e! cz! t f duj pot ! 216. 7! boe! 216. 8! t i bm-d cf ! qbj ouf e! ps! bggr j f e! po bm-d t vdi ! npups! wf i j drrf t ! j o! di bsbduf st ! pg! b! grrbj o- ! cprre! t j { f / ! [IBM, 5. Blue Dome Lights for County Police. The unique blue dome lights atop county police cars are sped f cal I y reserved for county pol i ce and state department of publ i c safety vehi d es under the provi si ons of Chapter 291, H RS " Traff i c V i of ati ons," Part 11, " Equi pment." Secti on 291 -31.5 states. 3: 2. 42/ 6! Crrvf ! rrj hi ut ! qspi j cj of e! gps! npups! wf i j drrf t - ! npupsdzdrrf t - ! npups t dppuf st - ! cj dzdrrf t - ! npqf et / ! ) b* ! Op! of st po! t i bmri I opxj ohrrP! pqf sbuf - ! bggj y ps! dbvt f ! up! cf ! bggj yf e- ! ej t grrbz- ! ps! qpt t f t t ! boz! rrbnq- ! sf grrf dups- ! ps j m-rvnj obuj po! of vy df ! xi j di ! bggf bst ! up! cf ! ui f ! dprrps! crrvf ! vgpo! boz! npups wf i j drrf - ! npupsdzdrrf - ! npups! t dppuf s- ! cj dzdrrf - ! ps! npgf e! f ydf qu! gps; ! ) 2* dpvouz! rrbx! f ogpsdf of ou! wf i j drrf t ! bvui psj { f e! boe! bggspwf e! cz! ui f ! di j f g! pg gpnj df ! pg! ui f ! dpvouz! j o! xi j di ! ui f ! wf i j drrf ! j t ! pqf sbuf e <1 ps! ) 3* ! of qbsunf ou pg! gvcnj d! t bgf uz! rrbx! f ogpsdf of ou! wf i j drrf t ! bvui psj { f e! boe! bggspwf e! cz! ui f ej sf dups! pg! gvcrrj d! t bgf uz/ ! Ui j t ! gspi j cj uj po! t i bmri opu! bggrrP! up! gbdupsz. j of ubmYf e! j of usvnf ou! j mYvnj obuj po/ ) c* ! Boz! vy prrbuj po! pg! ui j t ! t f duj po! t i bmri cf ! qvoj t i f e! cz! b! gj of ! opu f ydf f ej oh! 0/2- 111- ! ps! cz! j nqsj t ponf ou! opu! f ydf f ej oh! pof ! zf bs- ! ps! cpui / ! 6. Resisting an Order to Stop a Motor Vehicle. Section 710- 1027, HRS, relating to resistance to an order to stop a motor vehi d e, may pertai n to pot i cy concerni ng county pot i ce cars, as i t rel aces to "col or of the I aAt enf orcement off i cer's off i cl al authority." §710 -1027, HRS, and i is accompany i ng commentary, state: §710- 1027 Resi st i ng an or der t o st op a not or vehi cl e. ) 2*! B! of st po! dpnnj ut ui f ! pggf of f ! pg! sf t j t uj oh! bo! psef s! up! t upq! b! npups! wf i j drrf ! j g! ui f ! of st po j ouf ouj pobmTz! gbj rrt ! up! pcf z! b! ej sf duj po! pg! b! rrbx! f ogpsdf of ou! pggj df s- bduj oh! voef s! dprrps! pg! ui f ! rrbx! f ogpsdf of ou! pggj df s( t ! pggj dj brd bvui psj uz- ! up t upq! uif!gfst po( t!wfij drrf / 3* ! Sf t j t uj oh! bo! psef s! up! t upq! b! npups! wf i j drrf ! j t ! b! nj t of of bops/ \ M2: 83-! d!:-! qu! pg! @ 2<! hfo !di!2::4 <!bn!M3112- !d!:2 -!@6^ For addi ti onal d ari f i cati on of thi s secti on, H RS i nd udes the fol I owi ng commentary: [ HRS] COMVENTARY ON §710-1027 Ui j t ! t f duj po! j t ! of t j hof e! up! of brdi xj ui ! ui f ! t of dj brdi gsperrf nt ! j odj of ou! up npups! wf i j drrf ! ej sf duj po! boe! bqqsf i f of j po! pg! t vt of dut ! j o! npups! wf i j drrf t / Opuf ! ui bu! xi f sf bt ! j u! j t ! opu! nbef ! bo! pggf of f ! up! f wbef ! bssf t u! cz! svooj oh bxbz- ! j g! ui f ! buuf nqu! up! f t dbqf ! j owpmNf t ! b! npups! wf i j drrf - ! ui j t ! t f duj po dpnf t ! j oup! pqf sbuj po/ ! Pof ! sf bt po! gps! ui j t ! t of dj bnl usf bunf ou! j t ! ui f j of f sf ou! ebohf s! j owprrd e! j o! f t dbqf ! boe! qvst vj u! cz! npups! wf i j drrf / ! Bopui f s sf bt po- ! j odj of ou! up! usbggj d! ej sf duj po! boe! dpousprr� ! j t ! ui f ! of t j sbcj rrj uz! pg hj vy oh! b! of bdf ! pggj df s! dsj nj obrdi t boduj pot ! up! cbdl ! vq! ui f ! of bdf ! pggj df s( t sf bt pobcrrf ! usbggj d! ej sf duj pot / Ui f ! t f duj po! t of dj gj f t ! ui bu! ui f ! bdups! bdu! j ouf ouj pobmTz/ ! Gps! dpovy duj po! ui f bdups! nvt u! i bwf ! sf dphoj If e! ui f ! of st po! hj vy oh! ui f ! psef s! up! cf ! b! of bdf pggj df s/ ! Gps! ui f ! t bnf ! sf bt pot ! ej t dvt t f e! j o! ui f ! dpnnf oubsz! up! @621. 2137- ! j u j t ! op! of gf of f ! ui bu! ui f ! psef s! hj wf o! xbt ! vorrbxgvrri ! Osf vy pvt ! I bxbj j ! rrbx! i be op! t of dj gj d! gspvy t j po! sf rrbuj oh! up! ui j t ! t j uvbuj po/ 105 APPENDIX D AUDI TOR-SOFFICE INQUIRY TO CORPORATION COUNSEL RE: SHOPO CONTRACT 1. Memorandum dated July 15, 2003 from Legi sl ati ve A udi for Connie Ki ri u to Corporation Counsel Lincoln A shi da requesting an Opinion re. Article 18 ("Subsidized Vehicles") of the SH OPO contract 2. Copy of July, 13, 2003 Vest Hawaii Today anti cl a ti tl ed " SH OPO Official: Unlikely pol i ce wi I I swi tch to f I eet" 3. Memorandum (WRK No. 03 -5909) dated August 26, 2003 from Deputy Corporation Counsel Patricia K. O' Tool e to L egi sl ati ve A udi for Conni e K i ri u re: A rti d e 18 (" Subsi di zed V ehi d es") of the SH OPO Contract 4. Memorandum dated September 8, 2003 from Legi sl ati ve A udi for Connie Ki ri u to Mayor Harry Kim, Chi of Lawrence M ahuna and Cound I M embers transmi tti ng Corporati on Counsel Opi ni on/WRK N o. 03 -5909 M. County of Hawai 'i Office of the County Clerk 25 Aupuni Street Hilo, Flauvaii 96720 Telephone: (808) 961 -8255 Facsimile: (808) 961 -8912 July 15, 2003 MEMORANDUM TO: Lincoln Ashida, Corporation Counsel FROM: Connie Kiriu, Legislative Auditor CONSTANG -b-R. KIR1U Le..islaQ_ 1editor SUBJECT: Request for Opinion re: Article 18 ( "Subsidized Vehicles ") of the SHOPO Contract The County Council has requested the Auditor's Office to prepare a report on our Police Department's policy regarding subsidized personal vehicles used in the performance of official police duty and the advisability of a conversion to a county -owned and operated police fleet. Three sections of the current bargaining agreement (Article 18, attached) between the state, the counties and the State of Hawaii Organization of Police Officers ( SHOPO) pertain to the questions posed in this request for an opinion from your office, as follows: I. Section J (Changes to Subsidized Vehicles and/or Fleet Vehicle Programs) of Article 18 states: "The Employer agrees that changes to the present policies regarding automobiles for police use will not be made without prior consultation with the Union." 2. Section P (Time Limit on Use of Subsidized Vehicles) of Article 18 states: "The Employers agree that any employee who is required to provide a subsidized automobile shall be permitted to use such automobile up to eight (8) years from the date the automobile was first sold, provided such automobile meets the approved standards of the applicable Department." 3. Subsection 2 (Limitations) of Section M, titled County ofMaui / County ofKauai, states: "Whenever an employee who has been required to regularly provide an automobile for official duty as provided in paragraph 1 above should the respective Employer terminate such policy: a. Any subsidized vehicle in use on the effective date of the termination of the above policy and which is in satisfactory operating condition as determined by the respective Employer, shall be retained as a subsidized vehicle until said vehicle has aged six (6) years from the date the automobile was first sold. b. If the employee, with the approval of the Employer, elects to waive the six (6) year period, the Employer shall provide a vehicle to the employee and discontinue the automobile as provided in paragraph 1, herein." 107 0F N4jb Jp�V 4�'Il.r qp AL KONISHI fa Comm- Clerk �f JAY MENDS ,ta Depuo• County Clerk CF•MF'•p�r County of Hawai 'i Office of the County Clerk 25 Aupuni Street Hilo, Flauvaii 96720 Telephone: (808) 961 -8255 Facsimile: (808) 961 -8912 July 15, 2003 MEMORANDUM TO: Lincoln Ashida, Corporation Counsel FROM: Connie Kiriu, Legislative Auditor CONSTANG -b-R. KIR1U Le..islaQ_ 1editor SUBJECT: Request for Opinion re: Article 18 ( "Subsidized Vehicles ") of the SHOPO Contract The County Council has requested the Auditor's Office to prepare a report on our Police Department's policy regarding subsidized personal vehicles used in the performance of official police duty and the advisability of a conversion to a county -owned and operated police fleet. Three sections of the current bargaining agreement (Article 18, attached) between the state, the counties and the State of Hawaii Organization of Police Officers ( SHOPO) pertain to the questions posed in this request for an opinion from your office, as follows: I. Section J (Changes to Subsidized Vehicles and/or Fleet Vehicle Programs) of Article 18 states: "The Employer agrees that changes to the present policies regarding automobiles for police use will not be made without prior consultation with the Union." 2. Section P (Time Limit on Use of Subsidized Vehicles) of Article 18 states: "The Employers agree that any employee who is required to provide a subsidized automobile shall be permitted to use such automobile up to eight (8) years from the date the automobile was first sold, provided such automobile meets the approved standards of the applicable Department." 3. Subsection 2 (Limitations) of Section M, titled County ofMaui / County ofKauai, states: "Whenever an employee who has been required to regularly provide an automobile for official duty as provided in paragraph 1 above should the respective Employer terminate such policy: a. Any subsidized vehicle in use on the effective date of the termination of the above policy and which is in satisfactory operating condition as determined by the respective Employer, shall be retained as a subsidized vehicle until said vehicle has aged six (6) years from the date the automobile was first sold. b. If the employee, with the approval of the Employer, elects to waive the six (6) year period, the Employer shall provide a vehicle to the employee and discontinue the automobile as provided in paragraph 1, herein." 107 On July 13, an article in West Hawaii Today (attached) quotes Emory Springer, Big Island SHOPO chairman, as follows: "He [Springer] noted Article 18 of the SHOPO contract states: 'As long as there is a contract between the employer and employee, or its union, then the practice of converting from subsidized motor vehicles to fleet vehicles cannot be changed in part or entirety."' The July 13'h WHT article also states that Mr. Springer said, "I believe that the councilmembers were apprised through Corporation Counsel that they had no jurisdiction over the matter." In light of the foregoing, our questions are as follows: 1. Re: Article 18 (J) of the SHOPO contract: May the County of Hawaii change its policies regarding automobiles for police use if it undertakes a process of consultation with the Union as stipulated in Section J? Can such consultation be inaugurated at any time during the life of the current contract or in any subsequent contract if the written provisions of Article 18 remain unchanged? 2. Re: Article 18 (P) of the SHOPO contract: Upon requiring that a Hawaii County police officer provide an automobile meeting the standards of police service, is the County thereafter obligated to provide that officer a monthly allowance for up to eight years, or may such allowance be terminated at any time during the eight -year period upon provision of a police fleet vehicle for the officer's performance of official duties? 3. Regardless of the provisions of Article 18 (P), does the County, by virtue of requiring a police officer to purchase a vehicle as a condition of employment for his /her performance of official duties, incur a lawful, contractual obligation to provide an allowance to subsidize the cost of such vehicle, in whole or in part? 4. Re: Article 18 (M) of the SHOPO contract: The terms and conditions of this section explicitly apply to the Counties of Maui and Kauai, as these counties have previously undertaken a conversion from subsidized to beet vehicles. As the County of Hawaii has not yet inaugurated such a fleet conversion program, do the terms and conditions of Section M apply to the Hawaii County Police Department? 5. Re: the West Hawaii Today article of July 13, 2003: Can you provide the Auditor's Office with any written opinion or material from the Office of the Corporation Counsel regarding the policy- making jurisdiction of the County Council as it relates to police vehicles? Your prompt attention to this request is most appreciated. For the purpose of completing the report being prepared by our office, we would appreciate your furnishing us with a written opinion no later than July 31, 2003. Thank you. CK/rf cc: Mayor Harry Kim Chief Lawrence Mahuna Council Members M. Sunday, July 13, 2003 SHOPO official: Unlikely police will switch to fleet By TIFFANY EDWARDS / West Hawaii Today HILO - In a pitch to the mayor to raise police officers' subsidized car allowance in upcoming union negotiations, a union official last month indicated it's unlikely Hawaii County will convert to a marked fleet. Emory Springer, State of Hawaii Organization of Police Officer's Big Island chairman, wrote Mayor Harry Kim June 23 saying the current SHOPO contract "protects the duration of the subsidized automobile allowance." And, with arbitration of the renewed SHOPO contract on the brink of being made public, it's not likely that will change with contract negotiations, at least according to Springer, who informed the mayor any conversion to a fleet vehicle program would require a contract revision. "Being that the police chief and I concur that the present practice of subsidized motor vehicles is better for our police department and its officers, then the issue would not be raised in contract talks in the future," Springer wrote. He noted Article 18 of the SHOPO contract states, "As long as there is a contract between the employer and employee, or its union, then the practice of converting from subsidized motor vehicles to fleet vehicles cannot be changed in part or entirely." However, Deputy Chief Harry Kubojiri, speaking for Police Chief Lawrence Mahuna who was on vacation Friday, said the chief is "neutral" as to whether Hawaii County should convert to a fleet vehicle program. He said Mahuna wants to rely on a feasibility study currently being conducted by Assistant Legislative Auditor Rory Flynn, along with a poll among the rank and file before he takes a stance on what Kubojiri said was a choice between "fleet," "partial fleet" or "subsidized." Kubojiri said the results of the poll were still coming in as of Friday afternoon and pledged West Hawaii Today would see results of it. Kubojiri stressed neither he nor Mahuna want the issue. to be "adversarial" between the Police Department and West Hawaii Crime Stoppers, whose president, Alan Pratt has raised the issue. Pratt claims a recent newspaper poll and postings on the local Crimestoppers Web site indicate the public is "overwhelmingly" in favor of converting to a fleet of patrol cars, rather than reimbursing officers at least $450 a month for driving their own cars. Pratt said it's "nonsense" for Kubojiri to claim Mahuna is neutral on the fleet versus subsidized vehicle issue, after the chief indicated his preference when Hawaii County Councilmembers took up the matter in June. Councilmembers at their June 17 Finance Committee meeting took up the local Crimestoppers recommendation that the county convert to a fleet program to save $230,000 annually. They deferred the matter until late August, when Flynn is expected to have the feasibility study prepared. Springer in his June letter to the mayor said Finance Committee Chairman Aaron Chung indicated councilmembers "could not make on decision on this matter." "He did not specify as to why the council could not take decisive action. I believe that the councilmembers were apprised through Corporation Counsel that they had no jurisdiction over the matter," Springer wrote, before detailing Article 18 of the SHOPO contract. Kubojiri said Friday the decision does not ultimately lie with the union, it lies with the police chief, and he hasn't made up his mind yet. Pratt said Crimestoppers' objective is to make the police force more visible on the island, noting "People just don't think the lights are good enough. It's as simple as that." Kim said Friday he has informed Springer and Civil Service Director Mike Ben, Hawaii County's representative in statewide union negotiations, he wants to "somehow see what we can do." "I'm a firm believer in visibility. Professionalism of police cars is very important," Kim said. "Our mission is to see how we can accomplish that. It doesn't have to be all fleet." WX Harry Kim Mayor )r-r -l- - -1 7 i:.. ,UG 2 8 Pit 12: 0 7 Lincoln S.T. Ashida Corporation Counsel Gerald Takase ,Assistant Corporation Counsel ( unfiJ of 'Fainal-1- OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • FAX (808) 961 -8622 August 26 2003 MEMORANDUM TO: CONNIE KIRIU Legislative Auditor FROM: PATRICIA K. O'TOOLE -! Deputy Corporation Counsel RE: Article 18 ( "Subsidized Vehicles ") of the SHOPO Contract Corporation Counsel WRK NO. 03 -5909 This is in response to your memo of July 15, 2003 in which you ask several questions on the above- referenced topic. Your questions and our replies follow. Re: Article 18(J) of the SHOPO contract: May the County of Hawaii change its policies regarding automobiles for police use if it undertakes a process of consultation with the Union as stipulated in Section J? Can such consultation be inaugurated at any time during the life of the current contract or in any subsequent contract if the written provisions of Article 18 remain unchanged? Yes, the County may change its policy if it consults with the Union and such change may be inaugurated at any time during the life of the contract. In the case of the subsidized vehicle provision of the SHOPO contract, Article 18 specifically provides that the employer has agreed that it will not make changes to the present policies regarding automobiles for police use without prior consultation with the union. With respect to issues subject to consultation, HRS §89 -9(c) provides that "till matters affecting employee relations, including those that are, or may be, the subject of a rule adopted by the employer, or any director, shall be subject to consultation with the exclusive representatives of the employees concerned. The employer shall make every reasonable effort to consult with exclusive representatives and consider their input, along with input of other affected 110 CONNIE KIRIU August 26, 2003 Page 2 parties, prior to effecting changes on any major policy affecting employee relations. " Neither the statute nor the SHOPO article in question limit the change in policy to a particular time or state that a change may only be made at the end of the contract. 2. Re: Article 18(P) of the SHOPO contract: Upon requiring that a Hawaii County police officer provide an automobile meeting the standards of police service, is the County thereafter obligated to provide that officer a monthly allowance for up to eight years, or may such allowance be terminated at any time during the eight -year period upon provision of a police fleet vehicle for the officer's performance of official duties? Article 18(P) is entitled Time limit on Use of'Subsidized Vehicles. It provides as follows: The Employers agree that any employee who is required to provide a subsidized automobile shall be permitted to use such automobile up to eight (8) years from the date the automobile was first sold, provided such automobile meets the approved standards of the applicable Department. Notwithstanding the above, the subsidized automobile which has been used for eight (8) years may be permitted to be used for an additional two (2) year period upon appropriate application, each of both years, with the Police Department, provided such automobile meets the approved standards. Any decision by the department on each one (1) year extension shall not be subject to the grievance procedure. Contract language is first interpreted according to the plain meaning of the language of the contract provisions. This means that the words will be used in their plain, ordinary and accepted sense in common speech, unless it appears from the contract that a different meaning was intended. Hawaiian Isles Enterprises Inc. v. City and County of Honolulu 76 Hawai `i 487 (1994). If there is no ambiguity in the language, there is no need to go beyond the language itself. Ambiguity exists if the language is reasonably susceptible of two different meanings. Stewart v. Brennan 7 Haw. App. 136 (1988). In this case, we do not believe that an ambiguity exists. The language of Article 18 makes no reference to payment of the car allowance. Its plain meaning is to specify the period of time that the subsidized vehicle may be used. Reading into this article a requirement that a car allowance be paid for eight (8) years even if an officer is no longer required to drive a subsidized vehicle goes far beyond the language of the contract. 111 CONNIE KIRIU August 26, 2003 Page 3 3. Regardless of the provisions of Article 18(P) does the County, by virtue of requiring a police officer to purchase a vehicle as a condition of employment for his /her performance of official duties, incur a lawful, contractual obligation to provide an allowance to subsidize the cost of such vehicle, in whole or in part No - we do not believe any such obligation arises. There are times when a contract, although not in writing, may be found to exist. We do not believe that such a situation exists here. It appears from your question that you might be thinking of the concept of detrimental reliance. Under this theory, a contract may be formed even if not expressed in writing if someone has relied to his or her detriment upon the words Of another. The four elements of promissory estoppel are: 1) there must be a promise; 2) the promisor must, at the time he or she made the promise, foresee that the promisee would rely upon the promise (foreseeability); 3) the promisee does in fact rely upon the promissor's promise; and 4) enforcement of the promise is necessary to avoid injustice. Gonsalves v. Nissan Motor Corporation in Hawai `i, 100 Hawai `i 149(2002). In this case, I am not aware of a promise made to continue to pay for vehicles if' the policv is changed. If facts should arise that such a promise was made, then the other elements of promissory estoppel would need to be examined as well to see if they apply. 4. Re: Article 18 (M) of the SHOPO contract: The teens and conditions of this section explicitly apply to the Counties of Maui and Kauai, as these counties have previously undertaken a conversion from subsidized to fleet vehicle. As the County of Hawaii has not yet inaugurated such a fleet conversion program, do the terms and conditions of Section M apply to the Hawaii County Police Department? No. The terms of the provision are specific to Maui and Kauai counties. However, should the policv on subsidized vehicles change, we expect that SHOPO, the employer, would meet to negotiate items relating to the effects of the change in policy since they would likeh °fall under the category of "terms and conditions of employment" which must he negotiated. A similar provision might result. 112 CONNIE KIRIU August 26, 2003 Page 4 5. Re: The West Hawaii Today article of July 13, 2003: Can you provide the Auditor's Office with any written opinion or material from the Office of the Corporation Counsel regarding the policy - making jurisdiction of the County Council as it relates to police vehicles? I understand that Mr. Ashida had informed your office that no written opinion had been issued by this office as may have been indicated in the West Hawai `i Today article. He also indicated that I would respond to this issue. If the question refers to the collective bargaining process, Hawai `i Revised Statutes sets forth procedures for negotiations for the collective bargaining agreement. According to HRS x'89 -9, the employer and the exclusive representative are required to meet at reasonable times, including meetings in advance of the Employer's budget - making process to negotiate in good faith with respect to wages, hours, etc and other terms and conditions of employment which are subject to negotiations under the law. Under HRS §89 -2 the employer is the mayor. Under HRS x'89 -10, all cost items in the agreement are subject to appropriations by the Council. To the extent that the subsidy for a police vehicle is a cost item, the Council has the authority under the law to reject it if desired. If the question refers to some policy making authority of the Council, as set forth in §3 -1 of the County Charter then whatever the Council sets forth as policy must be examined to see if it is in fact policy. In City Council of the City and County of Honolulu v. Fasi 52 Haw. 3 (19 70) a resolution of the council which was said to set forth policy with respect to the rent or lease of city property was found by the court to be an exercise by the council of executive power. This was found to be inconsistent with the principle of separation of powers in which the legislative branch of the city and county and the executive branch are coordinate and neither branch may exercise the power of the other. According to the Hawai `i Supreme Court in the Fasi case, `policy" is used to refer to decisions of broad and general applicability and not an ad hoc command to take specific action. Without knowing what the council may be proposing as a "policy, " it is not possible to fully answer the question but we can offer the guidelines from the Fasi case. PKO:lsw S:\depts \1egaud \03 -5909 memo ckiriu \08- 22- 03\PK01sw 113 AL KONISHI County Clerk JAY MENDE Uepuoy Cbunov Clerk September 8, 2003 MEMORANDUM County of Hawai `i Office of the County Clerk 25 Aupuni Street Hilo, Hawaii 96720 Telephone: (808) 961 -8255 Facsimile: (808) 961 -8912 TO: Mayor Harry Kim Chief Lawrence Mahuna Council Members FROM: Connie Kiri�I.,, i. /dative Auditor CONSTANCE R. KIRIU 1.091slative Auditor SUBJECT: Corporation Counsel Opinion Re: Article 18, ( "Subsidized Vehicles ") of the SHOPO Contract Pursuant to a Council - requested study on subsidized personal vehicles used in the performance of official duty by officers of the Hawaii County Police Department, our office requested an opinion from the Office of the Corporation Counsel regarding the current SHOPO Contract. Attached please find a copy of the requested opinion prepared by Corporation Counsel Patricia K. O'Toole. For additional reference, I have attached a copy of the questions posed by our office in a memorandum to Corporation Counsel Lincoln Ashida dated July 15, 2003. A draft of the police car study being prepared by our office should be completed later this month and circulated to the Police Department for comment prior to submittal of the final report to the County Council. CK/rf Attachments: Corporation Counsel memorandum dated 8/26/03 (WRK NO. 03 -5909) Memorandum from Legislative Auditor Connie Kiriu dated 7/1503 114 BIBLIOGRAPHY NAM E OF STUDY Pol i ce V i si bi I i ty Reports (Confidential) 2004 Model Year Police Vehicle Eval uati on Analysis of Hawai'i County Police Department Fleet Versus Subsidized V ehi d e Report County of Hawaii Digital Upgrade Microwave Project (Emergency Radio Facilities) Draft Environmental Assessment Hawai'i Pol ice Department Fl eet vs. Subsidized V ehi cl e Report M arked pol i ce cars versus subsi dized vehi cl es The Price ofVisibility (Part 2) The Price of Visibility Study Local Police Departments 2000 /U.S. DOJ Subsidized Automobile Study (Maui County) Review of the Kansas City Board of Police Commissi oners Audit Report Pol iceAutomobileFl eet Study for the Hawai 'i Police Department Review of the Hawd'i County Pol ice Department's Fleet Study The Ha✓vai' i County Police Department Pi I of Police Fleet Study A Study of the AutomobileAlIowanceSystem of the Hawd'i County Pol ice Department TITLE OF NEWSPAPER ARTI CLE PoliceVisibility — ForaPrice County - Owned vs. Private I sl es Top Nati on I n Thefts Pol i ce Radi o Fixes Coul d Cost $10 M i I I i on M arked FI eet of Pol i ce Cars Consi dered for Bi g I sl and Pol i ce Eye Vi si bi I i ty, Marked Fleet Don't Let Budget Problems Result in Crime Increase Breaki ng News Re. the Pol i ce Car I ssue Patrol Car I ssue Stal I s Patrol Cars Coul d Save M oney Technol ogy i s M ovi ng H PD Toward Paperl ess System • arked Pol i ce Car Debate Conti nues Maui is Best for DUI Convictionsin the State From Foot Cops to Laptops, HPD Goes Digital OTHER ARTI CL ES/REFERENCES Cal endar Trade Shows; Show L i sti ngs 2004 How To ... Purchase Patrol Cars Gui del i nes f or M arked Pol i ce V ehi cl es Smart Police Cars H d p i n Pursuit of Cri me County of Hawai'i Project Data/Fi nanci a1 Impact Statement TACENET Law Enforcement Technology Expands Capabi I i ty V i steon TACN ET Makes Room i n the Cockpit AUTHOR /SOURCE Lawrence K. M ahuna, Pol i ce of Chi of NLECTC /U.S. Department of Justice West Hawai' i Cri me Stoppers Pol ice Department, County of Hawd'i PBR Ha✓vai' i for Sci ental America, I nc. Hawai'i County Pol ice Department West H awai' i Crime Stoppers, Inc. West Hawd'i Cri me Stoppers, I nc. West Hawai' i Crime Stoppers, Inc. M atthew H i ckman & B ri an Reaves, Ph. D Pol i ce Department, County of M aui DATE December 2, 2003 October 2003 July 11, 2003 June, 2003 May 2003 April 27, 2003 April 22, 2003 March 19, 2003 January 2003 July 18, 2002 Off ce of State Auditor Cl ai re M cCaski I I December 6, 1999 Hawd'i County Pot ice Department February 1994 Peat, Marwick, Mitchell & Co. May 3, 1979 Research & Development, County of Ha✓vai' i 1978 Hawd'i County Pol ice Department 1972 U1111111JIIMMNVil91J 3A[N_r9 to] ► 972%1= Tiffany Edwardst West Hawd' i Today Jason Armstrong / Hawai'i Tri bune Heral d Rod Antone / Honol ul u Star Bul I eti n Johnny Brannon / Honolulu Advertiser Honol ul u Star Bul I eti n Tiffany Edwards/ West Hawai' i Today Honol ul u Star Bul I eti n Editori a1 West Hawd'i Crime Stoppers Web Board Andrew Perala /West Hawd'i Today Tiffany Edwards /West Hawai' i Today Honolulu Star-Bulletin Tiffany Edwards/ West Hawai' i Today Ri chard Borreca / H onol ul u Star- Bul I eti n Paci f i c B usi ness N ews December 24, 2003 December 2003 October 28, 2003 October 13, 2003 September 24, 2003 September 14, 2003 August 26, 2003 June 18, 2003 May 18, 2003 May 16, 2003 January 9, 1999 January 4, 1999 AUTHOR /PUBLICATION DATE Pol i ce FI eet M anager January, 2004 Police. Law Enforcement Magazine December, 2003 Law and Order Magazine December, 2003 The Age November 18, 2003 County of Hawd'i November 17, 2003 Visteon October 22, 2003 Ti m Dees/Pol i ce FI eet M anager BIBLIOGRAPHY -2 OTHER ARTI CL ES/REFERENCES Survey Says(Upfitting Police Vehicles) $6 Million Grant to Buy Radio System Letter to Lincoln Ashi da RE: wrong i mpressi on of West Hawaii Today article Pol i ce Crui si ng Into Future Letter to J. Curtis Tyl er from Dixie Kaetsu, Managing Di rector, re: Program that cl ai ms to be abl e to provi de publ i c safety vehi cl es f or I ease payment SHOPO Agreement (July 1, 1999 -June 30, 2003) CV PI I mportant Safety M essage Accepted Cops Grants -COPS Part I Vol ume11, Operating Budget Proposal 2003 -04 Offi ce of Community Ori ented Pol i ci ng Servi ces FY 2003 Awards Police Patrol Vehicles. Fundamental s— Conspi cuity 2003 M i chi gan State Pol i ce Test Results 2003 Pol i ce and Sped al Servi ce V ehi cl es L i f e Cy cl e Costi ng f or Pol i ce FI eets M aki ng Off cer Redepl oyment Effective Ud ng Technol ogy to Keep Ameri ca' s Communiti es Safe Hi gh -Tech Cars Aid Pol ice The Pol ice Corps Ti ps for Ensuri ng Successful Technol ogy I mpl ementati on Law Enf orcement I nf ormati on Technol ogy: Planning, Purchasi ng and M anagi ng Y our Technol ogy I ni ti ati ve How Much Will It Cost? Fleet Management; Vehicle Rotation Criteria Procurement of Law Enforcement Vehi des Detroit's High -Speed Pursuit of the Police Car Market Committee on Finance; Subcommittee on Technology and Communications 1t Session Agenda Finance Committee Subcommittee on Technology and Communications 1t Session, May 14, 2002 Performance Review –Police Cars Cutti ng Edge of Technol ogy: I nternati onal Associ ati on Of Chiefsof Police Executive Brief "Li vescan" al I ows i nkl ess fi ngerpri nti ng "instant' computer identification Progress made on major projects: cd I bl ocks, mi crowave and records management system Computer e-mail system installed, proves popular as use grows Department formi ng response teams to combat clandestine "ice" laboratories Automated Emergency Defi bri I I ators acquired to save I i ves of cardi ac vi cti ms Department Taps i nto Statewi de Computerized I nformati on System Computer -Aided Dispatch System Improves Efficiency, Reoord - Keeping Federal Funding and Property Transfer I nformati on and Communi cati ons Technol ogy for Publ i c Safety AUTHOR /PUBLICATION DATE Nati onal Conference of State FI eet Administrators Fed 1, 2003 V i rgi ni a Fi re Chi efs Associ ati on, I nc September 25, 2003 West Hawai' i Crime Stoppers, Inc. August 6, 2003 Davi d Ti rrel I July 27, 2003 Dixie Kaetsu, Managing Director June 29, 2003 State of Hawai' i Organizati on of Pol i ce Offi cers 1999 -2000 Report Ford Motor Company May, 2003 U.S. Department of Justice April 30, 2003 County of Hawai' i March, 2003 U.S. Department of Justice 2003 Drive And Stay Alive, Inc. 2003 Pol i ce FI eet M anager 2003 Pol i ce FI eet M anager 2003 Ruth Alf son, Semi nol e County of Hawai i 2003 COPS Fact Sheet/U.S. Department of Justice December 26, 2002 Michael ValkystPoughkeepsieJournal December 30, 2002 U.S. Department of Justice December, 2002 Cops Fact Sheet/U.S. Department of Justice Updated 11/19/02 Cops Fact Sheet/U.S. Department of Justice September 16, 2002 Ti m Dees/Pol i ce FI eet M anager 2002 Charter Issue Curti s W. Exley /FBI Bulletin August, 2002 FBI Bulletin August, 2002 George B. Blumberg/PoliceOne.com July 8, 2002 Hawai'i County Council May 14, 2002 Committee Verbatim Minutes May 14, 2002 John L. Bel I ah /Pol i ce FI eet M anager March 8, 2002 1 ACP & Nati onal I nsti tute of Justi ce March, 2001 HCPD Annual Report 2001 -2002 Report HCPD Annual Report 2001 -2002 Report HCPD Annual Report 1999 -2000 Report HCPD Annual Report 1999 -2000 Report HCPD Annual Report 1999 -2000 Report HCPD Annual Report 1999 -2000 Report HCPD Annual Report 1998 -1999 Report Tim Dees/FBI Bulletin May /June 2000 Ti m Dees/I Q Servi ce Report for I nternati onal City /County Management Associ ati on January, 2000 BIBLIOGRAPHY -3 OTHER ARTI CL ES/REFERENCES AUTHOR /PUBLICATION DATE Policing Neighborhoods: A Report From St. Petersburg NIJ/U.S. Department of Justice July 1999 Pol i ci ng Nei ghborhoods: A Report From I ndi anapol i s N I J/U.S. Department of Justice July 1998 History of L.A. P. D. Communications 1970 -1980s L.A.P. D. Communications Division LAPD Website What's i n the Trunk? Art Sharp/Pol i ce FI eet M anager 42 -Volt Electrical Systems Dal e Stockton /Pol i ce FI eet M anager COPS I nteroperabl e Communi cati ons Technol ogy COPS Fact Sheet/U.S. Department of Justice Patrol: The Backbone of Policing Samuel Walker, University of Nebraska Charles M. Katz, Arizona State University -West No Date Law Enforcement I nformati on Technology: Planning, Purchasing and Managing Your Technology Initiative Report on the Committee on Finance RE: Comm. No. 418/Bill 185, Microwave Relocation & System Renovation Governor Signs Executive Order Barring Unmarked State Pol i ce Cars From Stoppi ng M otori sts for Routi ne V i of ati ons COPStU.S. Department of Justice Hawai'i County CoundI, December 2, 2003 Governor's Office, New York - Press Rd ease April 16, 1996