The constitutions of the United States and the state protect
individuals from infringement, of their rights, except pursuant to
due process of 1aw. The Honolulu Police Department is committed
to observing, upholding, and enforcing all laws related to
individual rights. It does not train, teach, endorse, support,
or condone law enforcement practices based solely on race,
ethnicity, color, gender, age, religion, national origin,
ancestry, sexual orientation, marital status, mental or physical
disability, or source of income.
DEFINITION
Bias based profiling: The practice of engaging in traffic
contacts, fiel-d contacts, asset seizures, and forfeiture
efforts or any other tlpe of law enforcement contact with
the public based solely on a trait common to a group.
This includes, but is not limited to, an individualts
race, color, national origin, ethnlc background, gender,
sexual orientation, religion, economic status, age
cultural group, or any other identifiable groups.
PROCEDURE
A. Departmental employees should respect
each person,s civil rights and comply
relating to human rights.
B. profiling in traffic contacts, field contacts, asset
seizures, and forfeiture efforts or any other law
enforcement contact with the public based solely on a traj-t common to a group.
C. Violation of this policy by any employee may result
in disciplinary action up to and including
termination.
SUPERVISORY RESPONSIBILITTES
A. Each supervisor is responsible for taking reasonable
measures to prevent bias based profiling and stop any
other prohibited discriminatory actions. A
supervisor who is aware of bias based profiling in
another element will notify the respective commander
(division level or higher) of the officer.
B. Failure by a supervisor to control bias based
profiling or any other prohibited discriminatory
actions may be cause for disciplinary action against
the supervisor. Supervisors may be held to a higher
standard of accountability as management
representatives .
TRAINING
A. The commander of the Training Division will ensure
that the content of this directive is fuIly
incorporated into the basic recruit training
curriculum, annual training curriculum, as wel-1 as all ln-service training
regarding courtesy and demeanor, legal aspects (e.g., determining
reasonable suspicion, establishing probable cause for
arrest, the rights of the accused, search and
seizure, etc.), and other related courses.
B. Patrol watch commanders will ensure that all ro11
call training is consistent with this directive.
DISCIPLINARY AND OTHER ACTIONS
A. If the complaint is sustained, the offender shall be
notified, in writing, of the results of the
investigation and any disciptinary action and warned
that bias based profiling is a violation of federal
and state laws and city and departmental policy.
1. Due process procedures sha11 be adhered to when
any discipline is imposed. The victim shall be
notified that appropriate action has been taken
and that all parties have been informed that
there will be no retaliation.
2. A11 disciplinary actions shall be carried out in
accordance with civil service rules or
applicable collective bargaining agreements.
B. If the complaint is noy sustained or is unsupported
by the evidence, the complaint shall be dismissed.
Both parties shaIl be notified in writing of the
dismissal.
ADMINISTRATIVE REVIEW
The Professional Standards Office shall conduct an annual
administrative review of the department’s policy and
practices pertaining to bias based profiling, including
citizen concerns.