Posted on: Monday, March 26, 2001

Police discipline bill stalls

By Scott Ishikawa
Advertiser Capitol Bureau

A measure that would have created a "bill of rights" for police and law enforcement officers under disciplinary investigation appears dead for this legislative session.

The House Judiciary and Hawaiian Affairs Committee has recommended Senate Bill 848 be deferred "indefinitely," according to committee chairman Eric Hamakawa. The measure, would have established legislative-mandated procedures for the investigation, interrogation, and discipline of law enforcement officers. It would have also required the establishment of a law enforcement officer grievance policy.

"There were problems with this bill, which needs further discussion," Hamakawa said after a hearing Friday.

The bill missed the deadline for advancing through the Legislature.

"Senate Bill No. 848 would provide for timely investigations and fair discipline for officers who may be found in violation of rules, standards and law," said Alexander Garcia, O'ahu chairman of the State of Hawai'i Organization of Police Officers.

"SHOPO spends hundreds of thousands of dollars annually representing police officers in appeals to decisions that are unfair and in violation of their constitutional right to due process," he said. "A common response from administration has been, 'You can always file a grievance and appeal our decisions.' This has proven costly, not only in terms of financial expenditure, but in terms of the detrimental effect on our officers and their families."

But all four county police departments and state and county prosecutor's offices, opposed the bill, saying it would limit their ability to investigate possibly corrupt officers and ensure accountability.

The departments said the bill would have required a law enforcement agency to notify an employee at least 72 hours prior to an interrogation or drug testing.

"Notifying officers 72 hours prior to a drug urinalysis will render the current drug testing program negotiated with the union meaningless," the Honolulu Police Department said in written testimony.

Under the current contract, a urine sample must be provided within four hours of a request by administration officials.

State and county law enforcement agencies also had problems with the bill, which would give officers under investigation an additional 10 days to retain an attorney.

"Officers under administrative investigation for misconduct are provided a reasonable amount of time, usually one to three days, to retain the assistance of a union representative prior to the interview or interrogation," according to HPD testimony.