I. PURPOSE OF DISCIPLINE

A. Discipline directly influences the quality of police service, and is essential in a police department to control its performance and to achieve satisfactory objectives.

B. It is a form of training, dependent for its success on the ability of superiors to train subordinates to obey and conform to department rules and procedures. The rewards of effective discipline are prestige and public confidence in the department and its leadership.

II. MEMBERS SUBJECT TO DISCIPLINARY ACTION

Members of the department, regardless of rank, shall be subject to disciplinary action according to the nature or aggravation of the offense; for failure, either wilfully, or through negligence or incompetence, to perform the duties of their rank or assignment; or for violation of any general order or rule of the department; or for failure to obey any lawful instruction, order or command of a superior officer; or upon conviction in a court having criminal jurisdiction.

III. AUTHORITY

A. All police supervisory personnel of the rank of sergeant and above are authorized to counsel, caution or reprimand any subordinate for violations of departmental orders, policies, rules or directives.

B. All police personnel designated as temporarily acting in the capacity of police supervisor shall have the same authority as the incumbent in such position.

IV. LIMITATIONS

A. Except as provided herein disciplinary actions by the aforementioned authorized supervisors shall be limited to:

1. Written reprimand

2. Caution

3. Counseling

B. Once it has been determined that an employee is in fact in violation of a departmental order, policy or rule of conduct, the supervisor shall be guided by the following:

1. If he is going to take immediate action himself, he shall assure himself that the contemplated action is fair, impartial and consistent with the circumstances of the case.

2. The member being disciplined shall be notified of the reason(s) in writing within 48 hours after the action is taken by delivering to the member the original copy of Complaint Report GO 302-B.

3. Forward to the Chief of Police, via channels, the original investigative report and one copy of Complaint Form GO 302-B by the next working day.

C. Whenever circumstances are of such a nature as to warrant immediate relief from duty, an employee may be placed on suspension for an indefinite period pending the outcome of any investigation being conducted.

V. INTERNAL/EXTERNAL COMPLAINTS

Complaints against members of the department shall be processed in the following manner:

A. Internal Complaints

1. Complaints by Members

Any member receiving a complaint or making a complaint against another member shall communicate with the complainant's commanding officer, and shall be guided by his instructions.

2. Complaints Against Superior Officers

Complaints against superior officers by subordinate members of the department shall be prepared in writing and forwarded to the commander of the superior officer, thence through official channels to the Chief of Police.

B. External Complaints

All personnel are to courteously receive any complaint lodged against the department or any member or employee thereof for alleged misconduct in the performance of an official police action, whether on or off duty.

1. During normal working hours, (0745 hours to 1630 hours, excluding holidays and weekends), the person receiving the complaint shall refer the complainant to the commanding officer of the accused member.

2. In the event a complaint is received outside of normal working hours, or the commanding officer is unavailable or the complaint is received in a district other than where the accused member is assigned, or the alleged offense occurred in a location other than where it is reported, the person receiving the complaint shall complete Form PO/FORM GO 302 (Public Complaint Against Department Personnel), and direct the complainant to appear in person at the office of the commanding officer during normal working hours.

3. Form PO/FORM GO 302 shall be completed in quadruplicate and distributed as follows:

a. Original	:	Chief of Police
cc	:	Bureau Commander
	:	District/Division Commander
	:	Complainant

b. The original shall be filed with the Personnel Officer.

c. Should the complainant fail to appear within 30 days, the commander of the accused shall make an appropriate notation on his copy and shall forward it through channels to the Chief's Office.

4. If the complaint is of sufficient gravity or is of such a nature that immediate action must be taken, the appropriate bureau, district or division commanding officer shall be notified immediately by telephone or other direct means at any hour of the day or night.

5. Allegations of criminal law offenses shall be referred to the commander of the Criminal Investigation Division, South Hilo.

VI. RESPONSIBILITY OF COMMANDING OFFICER

A commanding officer receiving an external complaint shall be responsible for:

A. Obtaining and recording all pertinent facts and details pertaining to the complaint from the complainant.

B. Obtaining a written statement sworn to by the complainant utilizing PO/FORM GO 302-A (Written Complaint) whenever possible.

C. Forwarding without delay all pertinent information relative to the complaint, to include but not limited to the complainant's written statement, to the Office of the Chief of Police for further action.

D. When a complaint is received or comes to the attention of a commanding officer other than the one to whom such member is assigned, the commanding officer to whom the member is assigned shall be notified without delay and shall be furnished with a copy of the complaint.

VII. DISPOSITION OF MINOR COMPLAINTS

A. Commanding officers of a bureau, district, division or section may dispose of minor complaints against members of the department and are authorized to take non-punitive disciplinary action when in their judgment no other course is indicated or that repetitions can be prevented by proper admonition or warning. A full explanation of the circumstances and action taken shall be prepared and directed to the Chief of Police.

B. When in doubt as to the status of a complaint, commanding officers shall withhold action and refer the matter to the Chief of Police for decision.

VIII. INVESTIGATIONS OF COMPLAINTS

A. Complaints against any member of the department shall be promptly and thoroughly investigated.

B. The Chief of Police may direct a special investigator designated by him to investigate complaints against members of the department. C. All investigations, and all action taken shall be in accordance with the requirements of statutory law, departmental policies and procedures and bargaining unit contracts in effect at the time.

IX. RESPONSIBILITY OF INVESTIGATOR

A. The member conducting the investigation shall be responsible for the thoroughness and accuracy of the investigation.

B. Prior to interrogating the accused member, the investigating officer shall prepare PO/FORM 302-B (Complaint Report) and inform the accused member of the nature of the investigation or interrogation and give said member a copy of the Complaint Report, and a copy of the Written Complaint sworn to by the complainant. The member shall then be afforded a reasonable time to answer the complaint in writing.

C. Upon completion of his investigation, the investigating officer shall forward the complete file to the Chief of Police via the superior officer who made the assignment and the Bureau Commander.

X. DUTIES AND RESPONSIBILITIES OF DEPARTMENT MEMBERS

A. During any departmental investigation, board hearing, or any authorized departmental proceeding, it shall be the duty and responsibility of each member of the department to truthfully, fully and directly answer any and all questions specifically, directly and narrowly relating to his or her duties and actions as a member of the department.

XI. DEFINITION OF CHARGE AND SPECIFICATION

A. Charge

A charge is the designation of a specific offense committed by the accused member, each distinct offense being the subject of a separate charge. If there are several charges, they will be numbered consecutively in the same report. Violations charged should be qualified by indicating the number or section of the rules of the department which have been violated. When charges are brought against two or more officers, separate misconduct charges shall be prepared for each officer.

B. Specification

A specification is a statement of facts which constitute the offense charged. It shall be drawn in clear and concise language. If the offense has been committed more than once, or in more than one way, there should be distinct specifications. Each specification shall be complete in itself and contained in one paragraph. The specifications under each charge shall be numbered consecutively.

XII. DETERMINATION TO BE MADE

In reporting the results of personnel investigations and evaluating the complaints made against members, one of the following determinations listed below shall be established.

A. Unfounded

A complaint is "unfounded" when the investigation indicated that the act or acts complained of did not occur.

B. Exonerated

A complaint is referred to as "exonerated" when the investigation indicates that the act or acts complained of did occur but that they were justified lawful and proper.

C. Not Sustained

A complaint is referred to as "not sustained" when the investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint.

D. Sustained

A complaint is referred to as "sustained" when the investigation discloses sufficient evidence to clearly prove the allegations made in the complaint to indicate that the act or acts complained of merit disciplinary action.

GUY A. PAUL
CHIEF OF POLICE

(Amended 12-14-81)

TO THE CHIEF OF POLICE:

I intend to register a formal complaint against ____________________________________
______________________________________________, who is a member of the Hawaii Police Department. I understand that a formal complaint must be filed at the Office of the District/Division Commander during normal working hours (7:45 AM to 12:00 Noon, and 1:00 PM to 4:30 PM, excluding holidays and weekends), within thirty (30) days of the occurrence of the event. The reason for my complaint is as follows:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Date/Time Event Occurred __________________________________________________

PO/FORM GO 302

NAME:________________________________ DATE REC'D:___________________________

ADDRESS:_____________________________ PHONE:________________________________

LOCATION OF INCIDENT:_______________________ DATE:__________ TIME:__________

Accused Officer(s):_________________________________________________________

Notary Public, Third Judicial Circuit
State of Hawaii

My Commission Expires: ___________________

PO/FORM GO 302-A

Referred By: _______________________________________________________________

Assigned By: ____________________________ Date _____________ Time __________

COMPLAINANT: _______________________________________________________________

Address: _____________________________________ Phone: ______________________

ACCUSED OFFICER: _____________________________________ Badge # _____________

Rank: _______________ District/Division: _________________ Watch: __________

DATE OF INCIDENT: _____________________ TIME:_______ ON: ____ OFF: ____ DUTY

LOCATION OF INCIDENT: ______________________________________________________

ALLEGED VIOLATION: _________________________________________________________
(G.0. VIOLATION)
____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

IN ACCORDANCE WITH ARTICLE 12, "POLICE OFFICER'S PROTECTION" OF THE SHOPO CONTRACT, YOU ARE BEING INFORMED IN WRITING THAT THIS COMPLAINT IS OF SUCH A NATURE THAT IT COULD RESULT IN YOUR DISCIPLINE, DEMOTION OR DISCHARGE.

COPY RECEIVED BY: __________________________ Date __________ Time __________

INVESTIGATOR: ______________________________________________ Rank:__________

Serving Officer: ___________________________ Date __________ Time __________

PO/FORM GO-302-B