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CHARTER AMENDMENT NO. 8

POLICE COMMISSION

 

BE IT ENACTED BY THE PEOPLE OF THE COUNTY OF HAWAII:

 

Section 1. Section 7-2.2 of the Hawaii County Charter is amended to read as follows:

"Section 7-2.2. Police Commission.

(a) The police commission shall consist of nine members. One member shall be [appointed from each of the respective nine county] a resident of each council district[s]. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. [The police commission shall:]

(b) Statement of policy. It is hereby declared to be the purpose of this chapter of the charter to establish in the county a system of law enforcement which shall be based on due regard for the constitutional rights of all persons, which shall promote the highest possible degree of mutual respect between law enforcement officers and the people of the county and which shall provide for the expeditious apprehension of those who violate the law. In order that these purposes may be achieved, the police department shall be operated in accordance with the following:

(1) Standards of recruitment shall be designed to attract into the service persons with high degrees of education, intelligence and personal stability.

(2) Promotions shall be based upon fair standards of merit and ability which shall include peacekeeping and law enforcement criteria.

(3) Grievance procedures for the people and police officers of the county shall be based on due regard for their constitutional rights.

(c) Powers and Duties. The police commission shall:

[a](1) Adopt such rules as it may consider necessary for the conduct of its business and the regulation of the matters committed to its charge and may review the rules and regulations of the department.

[b](2) Review the annual budget prepared by the chief of police and may make recommendations thereon to the mayor and managing director.

[c](3) Submit an annual report to the mayor, managing director and the council.

[d](4) Receive, consider, and investigate charges brought by the public against the conduct of the department or any of its members and submit a written report of its findings to the chief of police. A summary of the charges filed and their disposition shall be included in the annual report of the commission. There shall be budgeted sufficient funds in the annual budget of the police department for use by the police commission to fulfill the intent of this section.

[e](5) Advise the chief of police on police-community relations.

(6) Review the department's operations, as deemed necessary, for the purpose of recommending improvements to the police chief and the managing director.

(7) Evaluate at least annually the performance of the police chief and submit a report to the mayor, managing director and the council.

[f](8) Hire personnel necessary to carry out its functions.

(9) Except for purposes of inquiry, neither the commission nor its

members shall interfere in any way with the administrative affairs of the department."

 

Section 2. Charter material to be repealed is bracketed. New charter material is underscored.

 

Section 3. This amendment shall take effect upon its approval by the voters.

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