In November the Oahu electorate voted by a 4-to-1 margin to arm the Honolulu Police Commission with the power to subpoena witnesses and documents when investigating public allegations of wrongdoing by Honolulu’s police officers.
Last week the newly empowered commission, with only four of its seven members present, began discussing the specific procedures for dealing with the issuance of subpoenas.
A proposal by commission members Steven Levinson and Loretta Sheehan, done at the behest of commission Chairman Max Sword, allows any commission member to make a request for subpoenas to produce either documents or witnesses. The panel would then vote on whether to OK those requests at its ensuing meeting, Levinson explained to his colleagues.
If an individual who has been issued a subpoena refuses to cooperate, the commission could vote to file a motion compelling the witness to comply, he said.
The commission is tasked with investigating allegations against officers or the department. It then can make a recommendation for disciplinary action to the chief. Also under the approved charter amendment, the chief must provide a written explanation if his or her action runs counter to the commission’s recommendation.
The Charter Commission offered up the amendment to Honolulu voters last fall largely in response to complaints that the Police Commission has been ineffective in addressing HPD controversies that have arisen in recent years, including a federal investigation alleging abuse of authority by embattled police Chief Louis Kealoha.
The same charter amendment makes it clear that the Police Commission has the authority to fire or suspend the chief at will, not just for specified reasons as some have interpreted from the City Charter.
Levinson and Sheehan also forwarded a proposal making it clear that any Police Commission member may place an item on a commission monthly meeting agenda.
The chairman would have the authority to defer a requested agenda item but must do so publicly, Sheehan said.
If a majority of the commission thinks the agenda item is a waste of time, it could vote to remove it in open session.
Separately, in an effort to allow rank-and-file officers a confidential means of communicating with the commission on concerns they might have about the chief, Levinson and Sheehan are proposing that the commission purchase a monthly $25 subscription to Survey Monkey, an online survey company.
“We don’t want to speculate about how things are going inside the Police Department, and we want to be able to have an intelligent conversation with you about the rank and file and what’s going on with them,” Sheehan said, looking at acting Chief Cary Okimoto.
The opinions gathered also could help the commission in its annual evaluation of the police chief, she said.
Sheehan proposed five questions to ask officers, including whether they feel they’ve received sufficient training, whether managers listen to and respond appropriately to problems that arise, and whether they are able to “speak up without fear of retaliation or negative consequences.”
All three proposals are expected to be voted on by the commission at its next meeting in March.
Also at Wednesday’s meeting, commission Executive Officer Dan Lawrence told the panel he is projecting that a new chief to replace Kealoha should be sworn in “sometime in late July, maybe August.”
Kealoha is slated to retire effective Feb. 28 under an agreement approved by the commission. The chief placed himself on paid administrative leave in December — the same day he received a letter from the FBI informing him that he is the target of a federal investigation.
Okimoto, his deputy chief, has been acting chief since.
The commission, which is responsible for hiring and firing the chief, is expected to soon place advertising in the newspaper and online informing prospective candidates of the impending vacancy, Lawrence said.
Levinson said he’s concerned with state laws that require all state and county department heads to be Hawaii residents for at least a year. Levinson said he’s worried the provision could thwart the commission’s efforts to seek a pool of candidates that would include prospects from outside Hawaii.
In January 2015 the provision forced Gov. David Ige to pull back his nomination of Elizabeth Kim as labor director because Kim, who lived in Hawaii as a youth, had spent her adult years on the mainland.
Bills before the state Legislature would eliminate the requirement. House Bill 1534 eliminates the requirement for all state and county department heads and their deputies. Senate Bill 1298 would exempt county police chiefs from the requirement. A separate exemption already is in place that applies to the University of Hawaii president.
Sword has testified at this year’s Legislature in favor of removing the one-year requirement.
Lawrence suggested that the commission put the ad out with no reference to the residency requirement “so we can start the process and get applicants,” and the panel agreed.
