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HomeMy WebLinkAboutCA-0006 - Chief of Police & Deputy and Fire ChiefPROPOSAL NO. CA -6 (For Commission Use Only) 2018-2020 HAWAI`I COUNTY CHARTER COMMISSION CHARTER AMENDMENT PROPOSAL FORM 1. GENERAL INFORMATION Name of Commission Member: Marcie Saquing 2. If applicable, list the Section number(s) of the charter provision(s) to be deleted or amended: Section 7-2.3: Chief of Police and Deputy Section 7-4.3: Fire Chief 3. Provide a brief description of the purpose of the proposed charter amendment; include a description of the issue the proposal would address: This proposed charter amendment would pertain to the Chief of Police and the Fire Chief in their respective sections in keeping alignment with regard to: a. Appointment b. Discipline/Removal c. Processes for Police/Fire Chief to response to discipline/removal The key to this amendment is including the word "discipline ". 4. If the proposal is based on a provision(s) in the charter or law of another jurisdiction, name the jurisdiction and, if possible, attach a copy of the relevant provision(s). N/A Form CA -1 Revised 8/29/18 1 of 4 5. If the proposal is based on any written materials you have, please attach a copy with a citation to its source. Based on recommendation of Communication # 1.7 NOTE: PLEASE COMPOSE IN THE RAMSEYER FORMAT FOR ME Proposed charter amendment: (to be noted in both 7-2.3 & 7-4.3) The chief of police/fire chief shall: 1. be appointed by the police/fire commission. 2. may be disciplined and removed by the police/fire commission at its sole discretion. 3. Any motion for discipline or removal of the police/fire chief must have a statement of reasons and the commission shall not vote to remove the chief unless the police/fire chief has been given the opportunity to respond to the statement of reasons at a hearing before the commission. For section 7-2.3 — Police: Remove the entire 1st & 2nd sentences and replace with the aforementioned blue highlighted text. For section 7-4.3 — Fire: Remove the entire 1st & 2nd sentences and replace with the aforementioned blue highlighted text. See reverse side Form CA -1 Revised 8/29/18 2 of 4 6. Attach the text of the proposed charter amendment in Ramseyer format (see below). Ramseyer Format, if proposing: Amendments to Existing Charter Provisions Any language being proposed to be added to the Charter shall be underscored. Any language being proposed to be deleted from the Charter shall be [bracketed and stricken] . Replacing Existing Charter Provisions in their Entirety Clearly indicate the article(s), chapter(s), and/or section(s) of the Charter to be proposed to be deleted, and provide the text of any provisions proposed to replace the deleted material. New Charter Provisions Provide the text of the new provision(s) and, if possible, indicate where in the Charter the new material should be inserted. Form CA -1 Revised 8/29/18 3 of 4 Full Text for CA -6 1. Amend Section 7-2.3 to read: "Section 7-2.3. Chief of Police and Deputy. The chief of police shall be appointed by the police commission and may be disciplined or removed by the police commission at its sole discretion. Q Any motion for discipline or removal of the chief of police must contain a statement of reasons, and the commission shall not vote to discipline or remove the chief of police unless the chief of police has been given an opportunity to respond to the statement of reasons at a hearing before the commission. The deputy shall be appointed by the chief of police with the confirmation of the police commission and may be removed by the chief of police with the approval of the commission, without cause being stated. The chief of police shall have had a minimum of five years of training and experience in law enforcement work, including at least three years in a responsible administrative capacity." 2. Amend Section 7-4.3 to read: "Section 7-4.3. Fire Chief. (a) The fire chief shall be appointed by the fire commission and may be disciplined or removed by the fire commission at its sole discretion. Q Any motion for discipline or removal of the fire chief must contain a statement of reasons, and the commission shall not vote to discipline or remove the fire chief unless the fire chief has been given an opportunity to respond to the statement of reasons at a hearing before the commission. [(b)]ic,) The fire chief shall have had a minimum of five years of training and experience in fire control, including at least three years of experience in a responsible administrative capacity." Form CA -1 Revised 8/29/18 4 of 4