Question: Since the mayor appoints the police commissioners, does he have the authority to remove them as well?

Answer: Kokua Line received several calls regarding the Honolulu Police Commission after the panel rated Police Chief Louis Kealoha as exceeding expectations in his most recent performance review, despite misconduct allegations.

We’ve distilled multiple queries, which came in the form of questions or “auwe” admonishments, into a look at the appointment (and removal) process for the police commission, which comprises seven volunteers serving staggered five-year terms.

The mayoral appointments are subject to City Council review. Of the current commissioners, Mayor Kirk Caldwell has officially appointed one (a reappointment), while previous mayors appointed the other six. All seven were confirmed by the City Council.

Any Honolulu mayor has very limited authority to remove police commissioners, based on whether they miss too many meetings or flout open-meeting rules, said Andrew Pereira, a spokesman for Caldwell.

Here is Pereira’s full statement, followed by a link to the ordinance to which he refers:

“Under the Revised Ordinances of Honolulu, the mayor does not have the power to remove members of the police commission during their terms, except for these three reasons: if they fail to attend four or more consecutive meetings, fail to attend more than one-third of regularly scheduled meetings, or fail to provide the commission chair certification of their participation in the city’s Sunshine Law training program. A police commission member can also be removed for falsifying participation in the Sunshine Law training program.

“Since there is no mechanism for the mayor to remove police commission members, except for attendance and Sunshine Law training, the mayor cannot replace a commission member without such cause. All but one of the current members were appointed by previous mayors. Thus far, Mayor Caldwell has only reappointed Mark Tilker, in 2013.

“The mayor communicates regularly with the chief and with the police commission chair about matters affecting HPD and the city, but the police commission was created intentionally to give the department some autonomy from the mayor’s office. The mayor continues to follow proposed amendments by the Honolulu Charter Commission. He hasn’t made any statements supporting or opposing the proposed charter amendments at this time.”

The sections of the ROH that Pereira cites can be found at 808ne.ws/1pxQpRV, in sections 3-9.6 and 3-12.5.

The proposed charter amendments to which he referred, if ultimately put to voters and approved, would expand the Honolulu Police Commission’s authority to discipline the police chief and allow it to subpoena evidence and witnesses when it investigates public charges of police or departmental misconduct.

As it stands now, the Revised Charter of the City and County of Honolulu spells out in Section 6-1606 that the “powers, duties and functions” of the police commission include, among other things, reviewing the annual budget prepared by the police chief and making recommendations about it to the mayor; receiving, considering and investigating charges brought by the public against the department or any of its members; reviewing and, if deemed necessary, making recommendations on the HPD’s five-year plan, as submitted by the police chief (but not approving, modifying or rejecting it); comparing at least annually HPD’s actual achievements against the plan; and evaluating at least annually “the performance of duties” by the police chief.

Police Commission Chairman Ronald Taketa told Kokua Line that all the commissioners take their public service seriously and share the community’s outrage when “any kind of police misconduct does occur.”

The commission fulfills its role within the scope of its responsibilities, he said, and considers several factors when evaluating the police chief. The commission takes into account internal investigations and the thoroughness and timeliness of those investigations, he said, as well as the overall responsiveness of the police to preserving and improving community security. “Honolulu is one of the safest cities in the world,” Taketa said.

You can learn more about the police commission at its website, 808ne.ws/22uUic1.

Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.