Anyone who reports a complaint (administrative
or criminal) about the Honolulu Police Department
(HPD) or its employees shall be courteously
received and appropriately assisted by HPD personnel.
All complaints shall be investigated by the
Professional Standards Office (PSO) or an
appropriate element and result in a final disposition.
COMMAND
The major and staff of the PSO operate exclusively
as staff officers; they give orders only under
circumstances where the failure to do so immediately
might jeopardize the department’s reputation or the
accomplishment of its mission. In such instances,
the order will be issued in the name and by the
authority of the Chief of Police.
STATUTE OF LIMITATIONS
No employee shall be subjected to an administrative
investigation that has been filed more than one
year from the date of the alleged incident.
However, administrative investigations involving
criminal misconduct may be initiated at any time
within the criminal statute of limitations as provided by law.
PROCESSING COMPLAINTS AGAINST DEPARTMENTAL PERSONNEL
A. Criminal Law Offenses
1. The Criminal Investigation Section of
the PSO shall be responsible for investigating
all allegations of the involvement of departmental
employees, police commissioners, and police
commission staff members in criminal activities.
The PSO may call upon investigative units within
and outside of the department to assist in any investigation.
a. During normal working hours, the officer
initiating the report or the officer’s supervisor
shall notify the Criminal Investigation Section
of the PSO of the allegations.
b. At all other times, the officer initiating
the report or the officer’s supervisor shall
notify the on-duty Criminal Investigation Division
(CID) lieutenant of the allegations. The CID
lieutenant shall in turn notify the commander or designee of the PSO.
c. Notifications by officers initiating the
reports should be made from the scene immediately
upon determining that a crime has been committed.
d. Copies of all reports shall be sent or
faxed to the PSO no later than the end of the
initial investigating officer’s tour of duty.
2. The accused employee’s commander shall
be notified as soon as practical.
3. When informed by another law enforcement
agency that an officer is being investigated, the
Chief of Police shall be notified first.
a. Unless the notification will compromise
the investigation, the PSO shall then inform the
commander of the officer involved and ask the
commander to inform that officer.
b. If the officer is on duty, the watch
commander shall request that the officer be
available to meet with the investigator(s).
If the officer is off duty, he or she will be
asked to be available on the next work day.
c. The officer shall not be coerced,
forced, escorted, or transported by HPD
officials for further investigation by other
law enforcement agencies.
B. Misconduct
1. “Misconduct,” in this context, means
the violation of any section of the Standards
of Conduct or civil service rules. Procedures
for handling misconduct investigations are outlined in
sections IV and V below.
2. Misconduct in the Performance of Official Actions
a. A complaint of an incident involving
misconduct by an officer that is received
within 60 days of the incident from someone
who is not a departmental employee shall be
referred to the Honolulu Police Commission (HPC) for investigation.
The person making the referral should give
the complainant an HPC Personnel Complaint
Information Referral Card, HPD-407 form.
b. A complaint of an incident involving
misconduct by an officer that is received
after 60 days of the incident from someone
who is not a departmental employee shall be
referred to a supervisor. The supervisor
shall ensure that the complaint is notarized
and referred to the PSO. The PSO may refer the
investigation to the elements involved.
c. If someone who is not a departmental
employee lodges a complaint involving misconduct
by a civilian employee, the complainant shall
be referred to a supervisor. The supervisor
shall ensure that the complaint is notarized
and referred to the PSO. The PSO may refer
the investigation to the elements involved.
d. A departmental employee lodging a
complaint involving misconduct by an officer
or a civilian employee shall submit a
memorandum to the commander of the PSO
detailing the facts of the incident. The
memorandum should be routed through the
proper chain of command. The PSO may refer
the investigation to the elements involved.
3. Misconduct Outside the Performance of Official Actions
a. If someone who is not a departmental
employee lodges a complaint involving misconduct
by an officer, the complainant shall be referred
to a supervisor. The supervisor shall ensure
that the complaint is notarized and referred
to the PSO. The PSO may refer the investigation to the elements involved.
b. A departmental employee lodging a
complaint involving misconduct by an officer
shall submit a memorandum to the appropriate
bureau chief/deputy chief detailing the facts
of the incident. The bureau chief/deputy chief
may request the assistance of the PSO in the investigation.
c. Complaints alleging misconduct by a
civilian employee outside the performance of
an official action are generally not investigated
by the department. Violations of departmental
directives or rules governing public employees
that occur in a setting that can be considered
an extension of the workplace may be investigated.
C. Individual/Family Matters
Complaints about individual/family matters that
do not involve criminal law or the Standards of
Conduct or a violation of civil service rules
(e.g., the payment of debts or personal disputes)
shall be referred to the Human Resources Division (HRD).
INTERNAL INVESTIGATION OF MISCONDUCT COMPLAINTS
A. All complaints of misconduct (those
described in section III B above) are
investigated either by the HPC or an element of the department.
1. The HPC follows its own procedures in such investigations.
2. Completed and sustained police commission
investigations referred to the Chief of Police for
disposition shall first be referred to the PSO.
This will ensure compliance of all procedures outlined in this section.
3. The procedures outlined in this section
shall also apply to all complaints of misconduct
investigated by elements of the department.
B. All complaints shall be investigated
expeditiously. Each investigation is to be
completed within 60 days of receipt of the
initial complaint, unless exceptional circumstances
prevent completion and an extension is granted
by the commander of the PSO. A request for an
extension shall be as follows:
1. The element commander shall
contact the PSO to request an extension. The
PSO tracking number and an explanation for
the extension shall be provided; and
2. If an investigation can not be
completed within 120 days of receipt of
the initial complaint, the commander of
the element shall prepare a memorandum
to the PSO commander to request any
further extensions. The memorandum
shall be forwarded to the PSO via channels.
C. When the investigation reaches
the point that the accused employee is
to be notified of the complaint and
investigation, the assigned investigator
shall complete the internal complaint,
HPD-367 or HPD-367A form, and the internal
investigation; HPD-367B, HPD-367C,
HPD-367C1, HPD-367C2, HPD-367C3, HPD-367D,
and HPD-367E forms. The investigator shall
also obtain a complaint tracking number.
D. Complaint Tracking
1. A tracking number will be used to
identify the investigation and will appear
as the complaint number in all reports and other documents.
2. The PSO will assign the tracking numbers to the investigations.
3. Other elements of the department
shall contact the PSO to obtain tracking numbers
for their investigations. The element commander
or a designee shall contact the PSO in person
or by telephone during normal duty hours to
report the investigation and obtain a tracking number.
a. When it is necessary to serve an HPD-367
or HPD-367A form outside of normal duty hours,
the contact shall be made beforehand or at the
first opportunity on the next normal duty day.
b. When a complaint is received and the
entire investigation is completed before the
next normal duty day, the report of the
investigation may be forwarded to the next
level of command without a tracking number.
However, the element commander or designee
shall still contact the PSO on the next normal
duty day to report the complaint and to have
it assigned a tracking number.
4. The PSO shall record the information
received about each complaint on the PSO
Complainant Tracking, HPD 407B form.
E. Employees’ Rights and Responsibilities
1. In the conduct of investigations and
interrogations, departmental personnel are
entitled to the rights and safeguards afforded
by the constitutions and procedures of the
United States, the State of Hawaii, the City
and County of Honolulu, the department, and
any applicable collective bargaining agreement.
2. Because of the public trust and
responsibility borne by them, departmental
personnel are expected to give honest replies
to questions regarding their official duties
and/or fitness to hold public office.
Consequently, during any departmental
investigation or proceeding, it shall be the
duty and responsibility of each member of the
department to provide truthful, full, and direct
answers to all questions regarding his or her
duties and actions as a member of the department.
3. Personnel shall be advised of these rights
and responsibilities via the internal investigation,
HPD 367B, HPD-367D, and HPD-367E forms.
F. Each completed investigation report shall
be checked for thoroughness and accuracy by the
responsible division level commander.
REVIEW AND DISPOSITION OF MISCONDUCT INVESTIGATIONS
Misconduct investigations are reviewed and
disposed of in accordance with the Standards
of Conduct and civil service rules.
A. When the HPC sustains charges against
an officer or employee or advises the Chief of
Police that a case warrants his attention, the
commission’s report will be forwarded to the Chief of Police.
1. The Chief of Police will forward the case
via the appropriate deputy chief to the PSO for
investigation. Additional investigative work (if
any is needed) will be completed by the PSO and/or
the division-level command to which the officer is assigned.
2. The completed investigation report shall be
processed as outlined in sections V B through D below.
B. When the investigation concerns an officer
at the rank of captain or above, the investigation
report shall be forwarded to the Chief of Police
via the deputy chiefs. The Chief of Police shall
meet with the deputy chiefs to determine what action is warranted.
For all other personnel, sections V C and D below apply.
C. When the investigation concerns a violation
for which disciplinary action may be taken at the
element level, the commander shall provide the
accused employee an opportunity to appear in person
or to provide a written response to the charge(s)
if the corrective action that may be taken will
affect an employment right (e.g., discharge,
demotion, or suspension). A written or electronic
notice of the hearing shall be delivered to the
accused employee at least 14 calendar days prior
to the hearing date (refer to Attachment 3 for a
sample notification letter). If the accused
employee elects to appear in person, the employee
shall be entitled to have a union representative present.
1. If the commander determines that no
disciplinary action is warranted after notifying
the bureau chief, the investigation report need
not be forwarded to the Office of the Chief.
The division-level commander need only forward
a brief memorandum via his or her assistant chief
to the commander of the PSO, giving the tracking
number of the complaint, the commander’s disposition
of the complaint, and a brief statement of the
reason(s) why no disciplinary action is warranted.
2. When disciplinary action is taken at the
element level, the investigation report shall be
submitted via channels to the Chief of Police and then forwarded to the PSO.
3. Refer to Attachment 1 for details on the
process for violations of Article VIII of the
Standards of Conduct or civil service rules.
D. When the investigation concerns a violation of
Articles VI through VIII of the Standards of
Conduct or civil service rules for which disciplinary
action may be taken only by the Chief of Police, the
investigation report shall be forwarded via channels
to the Chief of Police, PSO, and Administrative Review Board (ARB).
1. The ARB consists of the six assistant chiefs
and two deputy chiefs. The board is chaired by the
deputy chief of Administrative Operations or a designee.
A majority of the board members constitutes a quorum for the conduct of business.
2. Each completed investigation report shall be
circulated by the chairperson for review by the other
board members and the division level commander of the accused employee.
3. The division level commander or designee of
the accused employee shall appear before the board
at the chairperson’s call. The commander or designee
shall provide a synopsis of the case and testimony
about the work history and disciplinary record of
the employee and make recommendations concerning the disposition of the case.
4. The accused employee shall be provided an
opportunity to appear before the board in person
or may provide a written response to the charge(s)
if the corrective action that may be taken will
affect an employment right (e.g., discharge,
demotion, or suspension). The accused employee
may include any mitigating circumstances for the
board’s consideration. A written or electronic
notice of the hearing shall be delivered to the
accused employee at least 14 calendar days prior
to the hearing date (refer to Attachment 3 for a
sample notification letter). If the accused
employee elects to appear in person, the employee
shall be entitled to have a union representative present.
5. The board, after considering all pertinent
reports and testimony, shall assign one of the
following classifications to each complaint:
a. Complaint unfounded: The complaint is
not based on facts or the incident upon which
the complaint is based did not occur;
b. Complaint not sustained: There is
insufficient evidence to prove or disprove the allegation;
c. Employee exonerated: The incident
upon which the complaint is based occurred
but the employee’s actions were lawful and proper; or
d. Complaint sustained: There is
sufficient evidence of misconduct to
support the allegation or to justify disciplinary action.
6. When a complaint is sustained,
the board’s findings shall include a
recommendation for appropriate disciplinary
or nondisciplinary action, such as:
a. Counseling – oral or divisional;
b. Training;
c. Written reprimand;
d. Suspension for a specific number of days;
e. Demotion; and/or
f. Separation from police service (voluntary
resignation, dismissal, or termination of initial probationary appointment).
7. The board shall submit its findings and
recommendations in writing to the Chief of Police.
8. The Chief of Police shall decide what
disciplinary action to take. A copy of any
disciplinary action taken by the Chief of
Police (e.g., letter of suspension) shall be
placed in the employee’s file in the HRD.
9. In cases where the disciplinary action is
termination, the HRD shall prepare both the
Notice of Pending Termination and the Restriction of Police Authority.
Element commanders, upon receipt of these
notices, shall serve them on the named officer
and ensure that the instructions in the notices
are fully carried out. The HRD shall submit
copies of the Notice of Pending Termination
and the Restriction of Police Authority to the
State of Hawaii Organization of Police Officers.
10. Refer to Attachment 2 for details on
the process for violations of Article VI
through VIII of the Standards of Conduct or civil service rules.