Loading...
HomeMy WebLinkAboutKauai Police Commission Rules Adopted on 042712 RULES OF THE KAUAI COUNTY POLICE COMMISSION RULES ON ADMINISTRATIVE PRACTICE AND PROCEDURE ADOPTED BY THE POLICE COMMISSION OF TI COUNTY OF KAUAI STATE OF HAWAII DATED May 18, 1992 APPROVED ADOPTED REVISIONS April 27, 2012 Page t of 22 RULES OF THE KAUAI COUNTY POLICE COMMISSION INDEX Page Rule 1. Relating definition of terms used in these rules and regulations. I Rule 2. Relating to public information and inspection 3 Rule 3. Relating to methods of adopting amending or repealing of rules 4-5 and regulations Rule 4. Relating to methods the public may use to petition the Commission 6 for a declaratory order as to the applicability of any statutory provision or of any rule or order of the Commission. Rule 5. Relating to the organization and policy of the Kauai Police Commission. 9-10 Rule 6. Relating to the control, management and direction of the Kauai Police 11-13 Department. Rule 7. Relating to rules of practice and hearings of the Commission. 14-17 Rule 8. Selection and Appointment of the Chief 18-19 Rule 9 Relating to the cost of rules. 20 Appendix A Position Description for the Chief of Police Page 2 of 22 POLICE COMMISSION COUNTY OF KAUAI STATE OF HAWAII RULES OF THE KAUAI POLICE COMMISSION RULES ON ADMINISTRATIVE PRACTICE AND PROCEDURE RULE I DEFINITIONS Rule 1-1 Definitions. Wherever used in these rules, the terms shall be taken to have the following meanings: a. "Commission" shall mean the Police Commission of the County of Kauai, State of Hawaii. b. "Department" shall mean the Police Department of the County of Kauai, State of Hawaii. C. "Chief of Police" shall mean the Chief of Police of the Police Department. d. "Officers" shall mean regular police officers of the Department, as classified by the Department of Personnel Services of the County. e. "Employees" shall mean personnel of the Department, other than police officers, as classified by the Department of Personnel Services of the County. f. "County" shall mean the County of Kauai. RULE 2 PUBLIC INFORMATION AND INSPECTION Rule 2-1 Obtaining information. The public may obtain information on matters within the jurisdiction of the Commission by inquiring in person, during regular business ,U hours, at the Office of Boards and Commissions, 4444 Rice Street, Suite 150, Lilme, Hawaii, 967/66, or by submitting a written request to said Office. Rule 2-2 Public inspection of rules. All rules of the Commission including the adoption, amendment, or repeal thereof, are available for public inspection during regular business hours at: a. Office of Boards and Commissions 4444 Rice Street, Suite 150 Lilme, Hawaii Page 3 of 22 b. Office of the County Clerk County Building Lihue, Hawaii C. Office of the Lieutenant Governor State of Hawaii State Capitol Honolulu, Hawaii Rule '-'-3 Public inspection of statements of policy and interpretation. All written statements of policy or interpretation formulated, adopted or used by the Commission in the discharge of its functions and all final opinions and orders of the Commission are available for public inspection at the Office of Boards and Commissions during regular business hours. Rule 2-4 Public information and inspection prohibited, when. Matters within the jurisdiction of the Commission, including confidential information, written statements of policy or interpretation formulated, adopted, or used by the Commission in the discharge of its functions, may be withheld from the public where permitted by law. RULE 3 ADOPTION, AMENDMENT OR REPEAL OF RULES Rule 3-1 Method of adopting, amending or repeal of rules. The rules adopted, amended or repealed by the Commission shall be made in accordance with the following procedure: a. Prior to the adoption, amendment or repeal of any rule, a public hearing shall be held by the Commission. At least 30 days notice shall include a statement of the substance of the proposed rule, and of the date, time and place where interested persons may be heard thereon. The notice shall be mailed to all persons who have made a timely written request of the Commission for advance notice of its rule-making proceedings, and shall be published at least once in a newspaper of general circulation. All interested persons shall be afforded an opportunity to submit date, views, or arguments, orally or in writing. The Commission shall fully consider all written and oral submissions respecting the proposed rule. The Commission may make its decision at the public hearing or announce then the date as to when it intends to make its decision. Upon adoption, amendment or repeal or a rule, the Commission shall, if requested to do so by an interested person, Page 4 of 22 issue a concise statement of the principal reasons for and against its determination. b. Notwithstanding the foregoing, if the Commission finds that an imminent peril to the public health, safety or morals requires adoption, amendment or repeal of a rule without notice of a hearing or upon less than 30 days'notice of hearing and states in writing its reason for such finding, it may proceed without prior notice or hearing upon such abbreviated notice and hearing as it finds practicable to adopt an emergency rule to be effective for a period of not longer than one hundred twenty days without renewal. Rule 3-2 Filing. Certified copies of the rules adopted, amended or repealed by the Commission shall be filed forthwith with the County Clerk, and as may be otherwise required by law for the filing of rules for boards and commissions. Rule 3-3 Effective date of rules. The adoption, amendment or repeal of any rule by the Commission shall become effective: a. Ten days after filing of the rules with the County Clerk; provided that if a later effective date is required by statute or specified in the rule, such later date shall be the effective date. However, no rule shall specify an effective date in excess of thirty days after the filing of the rule as provided herein. b. An emergency rule shall be effective, upon filing with the County clerk, for a period of not longer than one hundred twenty days without renewal unless extended in compliance with the provisions of subsections (a) and (b) of Rule 3-1, if the Commission finds that immediate adoption of the rule is necessary because of imminent peril to the public health, safety or morals. The Commission's finding and brief statement of the reasons therefore shall be incorporated in the rule as filed. The Commission shall make an emergency rule known to persons who will be affected by it by publication at least once in a newspaper of general circulation within five days from the date of filing of such rule. Rule 3-4 Petition. Any interested person may petition the Commission for the adoption, amendment or repeal of any rule of the Commission. The petition shall be submitted in duplicate and delivered to the Office of Boards and Commissions. Rule 3-5 Form, contents and rejection of petition. The petition need not be in any special form but it must contain, a. A statement of the nature of each petitioner's interest. K A draft of the substance of the proposed rule or amendment and/or a designation of the provisions sought to be repealed. Page 5 of 22 c. An explicit statement of the reasons in support of the proposed rule, amendment or repeal. d. Any other information relevant to the petition. e. The name, address and telephone number of each petitioner, f The signature of each petitioner. The Commission may reject any petition which does not conform to the requirements set forth hereinabove. Rule 3-6 Processing of petition. Upon receipt of the petition, the Commission shall cause it to be dated to determine the date of submission. The Commission shall notify the petitioners of the date, time and place when the Commission shall consider the petition and the petitioner's privilege of personal appearance, with or without counsel, and the privilege of presenting evidence in support of the petition. Rule 3-7 Consideration of petition. Within thirty days after the receipt of the petition, the Commission shall either deny the petition in writing, stating its reason for such denial, or initiate proceedings in accordance with Rule 3-1, for the adoption, amendment or repeal of the rule, as the case may be. RULE 4 DECLARATORY RULING BY THE COMMISSION Rule 4-1 Petition. Any interested person may petition the Commission for a declaratory order as to the applicability of any statute or of any rule or order of the Commission. Rule 4-2 Form, contents and rejection. The petition shall be submitted in duplicate to the Police Commission. The petition need not be in any special form but it shall contain: a. A statement of the nature of each petitioner's interest, including reasons for the submission of the petition. b. A designation of the specific provisions, rule or order in question. c. A complete statement of the relevant facts. d. A statement of the position or contention of the petitioner. Page 6 of 22 e. A memorandum of authorities, containing a full discussion of the reasons, includes any legal authorities, in support of such position or contention. f. The name, address and telephone number of each petitioner. g. The signature of each petitioner. Any petition which does not conform to the foregoing requirements may be rejected by the Commission. Rule 4-3 Processing of petition. The petition shall be processed in the manner provided by Rule 3-6. Rule 4-4 Non-issuance of declaratory order. The Commission may for good cause refuse to issue a declaratory order. Without limiting the generality of the foregoing,the Commission may so refuse where: a. The question is speculative or purely hypothetical and does not involve an existing situation or one which may reasonably be expected to occur in the near future. b. The petitioner's interest is not of the type which would give him standing to maintain an action in a court of law. c. The issuance of the declaratory order may adversely affect the interest of the County in any litigation which is pending or may reasonably be expected to arise. d. The matter is not within the jurisdiction of the Commission. Rule 4-5 Consideration of Commission. Within forty-five days, after a hearing is held in the manner provided for by Rule 3-6. the Commission shall either deny the petition, stating its reasons therefore, or issue a declaratory order. Upon the disposition of the petition, the petitioner shall be promptly notified by the Commission. RULE 5 ORGANIZATION AND POLICY Rule 5-1 Composition of Commission. The Commission shall consist of seven members as provided by the Charter of the County of Kaua'i. Rule 5-2 Appointment of Secretary. The Police Commission shall request secretarial and other support services from the Office of Boards and Commissions. Page 7 of 22 Rule 5-3 Election of Chairman. Vice-Chairman. The members of the Police Commission shall elect annually in the month of December a Chairman and Vice-Chairman to serve for the ensuing year. In the absence of the Chairman at any meeting, the Vice Chairman shall preside over the meeting. Rule 5-4 Transaction of Business. All transaction of business shall be conducted pursuant to Hawaii Revised Statutes, the Kauai County Charter, and Roberts Rules of Order. Rule 5-5 Special Committees. Special committees as may be necessary shall be appointed by the Chairman. Police Officers may be considered as members of such special committees in the Commission's discretion. Rule 5-6 Commission meetings. The regular meetings of the Commission shall be held no less than once a month at a time, date, and location as may be determined by the Chairman or, in the absence of the Chairman, the Vice-Chairman of the Commission. The meeting must be held at a building that is accessible by the general public. Special meetings may be held at the call of the Chairman or the Vice-Chairman. Three or more members of the Commission may consent to postponement of any meeting to any other day within the following week. Rule 5-7 Agenda. The Commission shall give public notice of any regular, special, or rescheduled meeting by filing the notice with the County Clerk and at the Police Commission office for public inspection. The notice shall be filed at least six calendar days before the meeting and shall include an agenda which lists all of the items to be considered at the forthcoming meeting, and the date, time and place of the meeting. a. All items for the Agenda shall be submitted to the Chairman for placement on the Agenda no later than four business days before the Agenda notice is filed. The Chairman shall have the discretion of placing items submitted after the deadline on the Agenda of the forthcoming meeting, or holding such late items until the next scheduled meeting after the forthcoming meeting. The Chairman shall be responsible for designating and approving the form and content of the Agenda. Rule 5-8 Policy. The Police Commission shall appoint the Chief of Police, who may be removed by the Commission only after being given a written statement of the charges against him and a hearing before the Commission. The Commission shall, as required, pass upon matters as it may consider necessary for the conduct of its business. The Commission shall refer all matters relating to administration of the department to the Chief of Police. The Commission shall review the annual Page 8 of 22 budget prepared by the Chief of Police and may make recommendations thereon to the Mayor. The Commission shall 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 within sixty(60) days from the date the Police Commission concludes its investigation into the complaint. The Commission shall adopt such rules to regulate political activities of the members of the police department. Rule 5-9 Code of Conduct. The basic responsibility of the Police Commission is to ensure that a competent person occupies the position of the Chief of Police, and that the Chief of Police is in operation of an honest and effective police department. a. The Police Commission is charged with responsibility and acts as a collective body. The individual Commissioners have no authority unless delegated by the Commission. b. The Commission acts as a sounding board for the community and police department employees through: 1. Complaints from citizens; 2. Citizen suggestions c. The Commission shall review and selectively support appropriate legislation and rules and regulations relating to law enforcement and shall communicate these positions to the appropriate legislative or administrative body. d. The Police Commission, collectively, and each Police Commissioner, individually, shall exemplify an image of law enforcement. e. The Police Commission collectively and each Police Commissioner individually shall embody the spirit and principles of the Sunshine LaAv and shall avoid any appearance of secretiveness and shall publicize meetings and agendas so that the public and media are informed of impending issues. f. The Police Commission shall strive for the release of information to the public through the media, as long as the release of this information does not violate the privacy rights of individuals to whom the information pertains and does not interfere with effective law enforcement. g. The Chief of Police is charged with the responsibility of managing the department. Individual Commissioners shall not interfere or give the appearance of interfering with said authority. Page 9 of 22 RULE 6 CONTROL, MANAGEMENT AND DIRECTION OF THE DEPARTMENT Rule 6-1 Powers, Duties and Responsibilities of the Police Commission. a. Goals and Alms of the Department. The Commission shall adopt such rules as it may,consider necessary for the goals conduct of its business. b. Advisory Powers. The Commission may pass advisory resolutions concerning the matters exclusively within the authority of the Chief of Police. However, in such cases, the Chief of Police shall not be bound by any such advisory resolution. c. Administration. Except for purposes of inquiry, neither the Commission nor its individual members shall interfere in any way with the administrative affairs of the department administered by the Chief of Police. d. Commission and Commissioner Inquiries. All Commission inquiries shall be initially submitted to the Chief, Deputy Chief or the appropriate Bureau Commander. Should an inquiry prove to require substantial departmental man-hours, the Chairman shall be informed of the inquiry by either the Chief or his designate so that the matter can be put on the floor for a vote as to whether this topic should be pursued. e. Performance of Duty. The Commission shall determine whether the acts of an officer, for which he or she is being prosecuted or sued, were done in the performance of duty, so as to entitle him or her to be represented by legal counsel provided by the County. f. Request for Legal Representation. I. Procedure for Requesting Legal Counsel. If a police officer desires legal representation to be provided by the County of Kauai in civil or criminal proceedings initiated against the officer, he shall submit a written request to the Police Commission within thirty(30) calendar days of being either formally indicted in the pending criminal matter or served in the pending civil matter. The Commission may determine that good cause exists to extend the time to submit a written request. Action by the Commission. Upon receipt of the police officer's written request, the Commission shall request that the Chief of Police or his authorized designee submit a written report to the Commission informing the Commission of the current status of the police department's investigation concerning the facts underlying the Z:� I P 10 of 22 matter in which the officer is seeking legal representation from the County. The written report shall include all relevant police report(s). The report shall be submitted to the Commission within thirty{3)d calendar days of the Commission's request. The Commission may determine that good cause exists to extend the time for submittal of the report. 3. Consultation with the County Attorney. Before making a determination of whether an act, for which the officer is being sued or prosecuted, was done in the performance of duty, the Commission shall consult with the County Attorney and ask for a recommendation to the Commission. 4, Decision of Commission. The Commission may allow the police officer to appear before the Commission and discuss his request for representation, so long as the officer is made aware that any comments he makes can be used against him in a legal proceeding. The Commission shall subsequently inform the officer of its decision in writing. All discussions concerning the officer's request for legal representation shall be discussed in executive session. 5. Contested Case Hearing. Any police officer aggrieved by the Commission's decision may, within fifteen(15) calendar days of the issuance of the Commission's decision, request in writing that the Commission reconsider its decision. The Commission may determine that good cause exists to extend the time for submittal of the request. When requesting reconsideration, the police officer may submit a written statement setting forth the specific reasons why the actions were done in the performance of duty as a police officer, thus entitling him to representation by counsel provided by the County. The Commission shall subsequently hold a contested case hearing pursuant to the procedures set forth in Rules 7-2 through 7-8 and Hawaii Revised Statutes, Chapter 91, 9- Public Charges Against the Conduct of the Department or Any of its Members. 1. Filing of Charges. Any and all charges shall be in writing on such form as the Commission may designate and shall be notarized. a) Charges shall be filed with the Office of Boards and Commissions no later than thirty(30) calendar days after the date of occurrence. Charges filed after the thirty(30) day period will not be investigated unless the Commission finds good cause for an extension of time. However in no event may Page 11 of 22 the Commission consider a complaint filed more than 180 calendar days after the date of the occurrence. b) The date the Office of Boards and Commissions receives the charge shall be noted on the first page of the form in the space provided and signed for by the recipient. c) Any charges received informally by an individual Commissioner or by Department personnel shall be referred to the Office of Boards and Commissions for proper filing and processing. d) When all requirements stated above have been met, charges shall be officially received the date of the next Commission meeting, as permitted by law. All such officially received charges shall be reviewed and investigated by the Commission. e) The Commission Chairman shall provide written acknowledgment of the receipt and status of such charges to the Commission members, the Commission Investigator, the Chief of Police and the complainant. I) The Chief of Police shall notify the employee in question of the charges according to department rules and regulations. 2) The Commission Investigator shall not commence the investigation of such charges until after the employee in question has been notified of the charges. The restriction shall not apply in circumstances where, despite good faith efforts, the employee cannot be notified. 2. Confidentiality. The Commission shall keep any and all discussions concerning charges confidential and discuss them only in Executive Session. 3. Investigation of Charge. The Commission may use an Investigator, or such other persons as may be necessary, to investigate any and all charges referred to the Commission. The Investigator may be a member of the department specially assigned by the Chief of Police to the Commission. In cases where the Commission hires or contracts the services of an Investigator, that person shall have a minimum of three(3) years of active experience in general investigative work; be licensed as private detective in accordance with the provisions of Hawaii Revised Statutes, Chapter 46); have a high school diploma, Page 12 of 22 Hawaii Revised Statutes, Chapter 463; have a high school diploma; have a current driver's license and a vehicle for use on the job; be familiar with the Kauai community and the procedures of the Kaua'i Police Department or have the ability to acquire such; be readily available on short notice to perform investigative tasks for the Commission; possess a character above reproach; and have no felony or misdemeanor convictions. a) The Investigator shall conduct all investigations in a proper and ethical manner; shall obtain all information pertinent to the charges; and shall upon completion of the investigation, submit a written report to the Commission. b) Communications between the Investigator and the Commission or individual Commissioners shall be through the Chairman or his or her designate. c) Details of the investigation shall be considered confidential and shall not be released or discussed with any persons other than the Commission. d) The Investigator shall be authorized to obtain from the department on behalf of the Commission any such information as may be needed for the investigation subject to the prior approval of the Chief of Police. Such information may include copies of police reports or statements from department personnel. e) The Investigator's report shall contain a detailed report of all investigative findings, and a summary of all interviews. f) The Investigator shall submit the report within sixty(60) days of the date the charges were officially received. The report shall be submitted to the Commission Secretary for duplication and immediate distribution to the Commission. g) Upon review of the investigative report, the Commission may conduct further investigation, including interviews of the Investigator and/or any other person involved in the case. In addition the Commission may resubmit the report to the Investigator for further investigation. 4. Commission Decision. After the charge has been fully investigated, the Commission shall enter a decision finding that there is either sufficient or insufficient evidence to prove the charge. The Commission shall thereafter submit a written report of its decision to Page 13 of 22 Z:� the Chief of Police-, in no case longer than sixty(60 days after the Commission concludes its investigation. The Commission may inquire with the Chief of Police as to any departmental action taken following the Commission's decision. a. The Commission shall notify the complainant of its decision in writing. K Every Commission decision shall be made public during a regularly scheduled meeting. Names of individuals complainants and the subject employee shall be made public. The charges and circumstances surrounding the charge and its findings shall be greatly stated. C. In cases where discipline has been imposed by the Chief of Police based on a Commission decision there shall be no additional or subsequent investigation imposed on the subject employee for the same incident. Rule 6-2 Powers, Duties and Responsibilities of the Chief of Police. In accordance with the laws of the State of Hawaii and Charter of the County of Kaua'i, the Chief of Police shall: a. Act as administrative head of the department. b. Appoint the necessary staff for the department for which appropriations have been made. c. Supervise, manage and control all employees and officers of the department. d. Discipline or remove any officer or employee of the Department pursuant to all applicable laws. e. Assign and reassign the duties of any officer or employee of the department. I I - f. Make all personnel actions concerning officers or employees of the department as provided by law. g. Train, equip, maintain and supervise the officers and employees of the department. h. preserve the public peace, prevent crime, detect and arrest offenders, protect personal property rights and enforce and prevent violations of law. Page 14 of 22 i. Serve process in both civil and criminal proceedings. j. Make annual reports to the Commission as to the state of affairs and condition of the department as well as such other reports as the Commission shall request, within its authority. k. Exercise such other powers or duties as may be provided by law, contained within the Charter of the County of Kaua'i or assigned by the Commission. 1. Adopt rules and regulations necessary to implement the powers, duties and responsibilities of the Chief of Police set forth in Rule 6-2. Rule 6-3 Collective Bargaining Agreements. All of the powers, duties and responsibilities of the Police Commission and the Chief of Police enumerated in these rules shall be subject to and in conformity with any collective bargaining agreements existing between the officers or employees of the department andior the County of Kaua'i. RULE 7 RULES OF PRACTICE, HEARINGS Rule 7-1 Informal Hearing. The Commission may, in its discretion, on its own motion, or upon petition filed with the Commission at least fifteen 15 days prior to the date of the regular meeting hold an informal hearing on matters within its jurisdiction. The petition need not be in any form but shall, where applicable, include: a. Nature of the petitioner's interest and the reasons for requesting an informal petition. b. A complete statement of the relevant facts. c. Position or contention of the petitioner. d. Name, address and telephone number of petitioner. fit an informal hearing the Commission shall determine the manner and procedure in which the hearing shall be conducted. Rule 7-2 Contested Case blearing. A formal hearing shall be conducted upon motion by the Commission in accordance with Hawaii Revised Statutes, Chapter 91. Persons aggrieved by actions of the Commission, may petition for a formal hearing before the Commission. Page 15 of 22 Rule 7-3 Petition. The petition shall be filed with the Chairman of the Commission and shall consist of Name, address and telephone number of the petitioner. b. Nature of petitioner's interest and the reasons for requesting a formal hearing. c. A complete statement of the relevant facts giving rise to the petitioner's request. d. Position or contention of the petitioner, e. Petition for a hearing. Rule 7-4 Setting, rejecting. Petitions for formal hearing may be approved or modified and approved, and set for hearing or rejected at the regular meeting following receipt of the petitions. Petitioners who have been rejected shall be notified in writing of the Commission's action. a. Exception. The Commission shall not reject a petition for a contested case hearing arising out of a denial by the Commission of a police officer's request for legal representation. Rule 7-5 Notice. If the Commission determines to hold a contested-case hearing, the Commission shall, within fifteen 15 days prior to the hearing, notify the parties of the hearing in writing, by registered or certified mail with return receipt requested. If service by registered or certified mail is not made because of the refusal to accept service or the Commission has been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by publication at least once in each of two successive weeks in a newspaper of general circulation. The last published notice shall appear at least fifteen 15 days prior to the date of the hearing. The notice shall include, where applicable, a statement of: a. The date, time, place and nature of hearing; b. The legal authority under which the hearing is to be held; c. The particular sections of the statutes and rules involved; d. A-statement in plain language of the issues involved and the facts alleged by the Commission in support thereof, provided that if the Commission is unable to state such issues and facts in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter, upon application, a bill of particulars shall be furnished; Page 16 of 22 c. The fact that any party may retain counsel if he so desires, and the fact that an individual may appear on his own behalf. or a member of a partnership, or an officer or authorized employee of a corporation or trust or association may represent the corporation, trust or association. Rule 7-6 Procedure, rules. In a contested case hearing,the following rules and procedures shall apply: a. The Commission shall determine the order in which the parties to the proceeding shall present their case to the Commission. b, Opportunity shall be afforded all parties to present evidence and arguments on all issues involved. c. Every party to the proceeding shall have the right to conduct cross- examination as may be required for a full and true disclosure of the facts; and shall have the right to submit rebuttal evidence. d. Any oral or documentary evidence may be received by the Commission and the strict rules of evidence shall not be applicable; however, irrelevant, immaterial or unduly repetitious evidence shall be excluded. e. Documentary evidence may be received in the form of copies of excerpts, if the original is not readily available; provided that upon request, parties shall be given an opportunity to compare the copy with the original. f. The Commission shall give effect to the rules of privilege recognized by law. g. The Commission may take notice of judicially recognizable facts. In addition, the Commission may take notice of generally recognized technical or scientific facts within its knowledge; but parties to the proceedings shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. It. Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. i. For the purpose of Commission decisions, the records shall include: 1. All pleadings, motions, intermediate rulings; 2. Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed; 3. Offers of proof and rulings thereon; Page 17 of 22 4. Proposed findings and rulings thereon-, 5. Report of the officer who presided at the hearing; 6. Staff memoranda submitted to members of the Commission in connection with their consideration of the case. j. It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. Z-n k. No matters outside the record shall be considered by the Commission in making its decision except as provided herein. 1. A contested case hearing shall be held in closed session, unless all parties to the proceeding choose to have the hearing in open session. However, any privileged dialogue between the Commission and the County Attorney advising the Commission shall be held in executive session. Rule 7-7 Decision and Order. Every decision and order adverse to a party to the proceeding, rendered by the Commission in a contested case, shall be in writing or stated in the record and shall be accompanied by separate findings of fact and conclusions of law. If any party to the proceeding has filed proposed findings of fact, the Commission shall incorporate in its decision a ruling upon each proposed finding so presented. Parties to the proceeding shall be notified by delivering or mailing g a certified copy of the decision and order and accompanying findings and conclusions within a reasonable time to each party or to his attorney of record. The decision and order of the Commission shall be announced in open session, with the names of all the parties to the proceeding withheld, unless said parties agree to have their names released. Rule 7-8 Consultation by Commissioner. No Commissioner who renders a decision in a contested case shall consult any person on an issue of fact except upon notice and opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law. RULE 8 SELECTION PROCESS FOR THE CHIEF OF POLICE Rule 8-1 General Powers of Appointment and Removal. The Police Commission shall appoint the Chief of Police, who may be removed by the Commission only after being given a written statement of the charges against him and a hearing before the Commission. Page 18 of 22 a, In no event shall the Commission appoint an applicant for the position of Chief of Police to act as interim or acting Chief, solely for the purpose of permitting the applicant to obtain the necessary qualifications for the position of Chief of Police. Rule 8-2 Selection Process. a. Hiring of a Consultant. The Commission may choose to hire a consultant to assist in the recruitment and selection of a Chief of Police. Should the Commission choose to hire a consultant, the Commission shall follow the procurement procedures set forth under HRS Section 10313-304 and any other applicable State statutes and County ordinances. b. Selection of semi-finalists and finalists. In the even that there are multiple applicants for the position of Chief of Police, the Commission may choose to narrow down the list of applicants to semi-finalists and/or finalists. The interviews and/or selections of such semi-finalists and/or finalists shall be conducted in closed session, and the Commission shall decide how to interview and make the selection of the semi-finalists and/or finalists. All details and identities of the applicants shall be kept confidential, unless any applicant expressly agrees to waive his privacy rights. C. Assessment by Consultant. In the event that a consultant conducts an assessment of any of the finalists, the Commission shall not participate in the assessment. d. Selection of final candidate. Following the interviews of the finalists, the Commission shall vote on a final candidate to whom the Commission shall extend a conditional job offer. Said vote shall take place in executive session. The final candidate's identity, as well as the result of the votes, shall remain confidential until the candidate has been given an official job offer, or if the candidate expressly agrees to waive his privacy rights, whichever occurs sooner. e. Follow-up requirements. Following the extension of the conditional job offer, the Commission shall require the final candidate to undergo mandatory follow-up examinations as required by the Kaua-i Police Department and consistent with State and Federal laws. f Final job offer. Following the completion of all required examinations by the final candidate, the Commission shall vote to extend an official Job offer to said candidate. The Commission shall also vote on the terms of the employment contract that the Commission shall extend to the candidate. The contract may also specif- y,a time period, or may be an Page 19 of 22 open-ended contract. The contract shall also specify the job duties and salary specifications, in addition to any other provisions that the Commission believes necessary to incorporate into the contract. Rule 8-3 Salary of the Chief of Police. The Commission shall determine the initial salary of any new Chief of Police, and determine any subsequent increased in salary consistent with the County of Kaua'i salary ordinance. RULE 9 COST OF RULES Rule 9-1 Cost. Compilation and supplements of these rule shall be made available free of charge upon request by state officers in the case of a state agency and by county officers in the case of a county agency. Copies may also be made available, free of charge, to agencies of the federal government or of other states having a need for the rules. As to all other persons, the price for copy of these rules shall be charged in accordance with prices set forth by the Office of the County Clerk, County of Kaua'i. Page 20 of 22 CERTIFICATION 1, Ernest Kanekoa Jr., in my capacity as Chairperson of the Kaua'i Police Commission of the County of Kauai, do hereby certify: 1. That the foregoing is a full, true and correct copy of the Rules of The Kauai County Police Commission which were adopted by the Police Commission on April 27, 2012; and 2. That the notice of public hearing on the foregoing Rules of the Kaua'i County Police Commission, which notice included the substance of such Rules, was published in the Garden Island Newspaper on February 23,2012. a44 Ernest Kanekoa Jr. Chairperson, Kaua'i County Police Commission Page 21 of 22