All personnel shall be guided by this directive
when gifts are received by the Honolulu Police
Department (HPD) to assist the department in
carrying out its mission. Departmental personnel
should understand the parameters for the kind of
gifts that are appropriate, including the manner
in which gifts may be accepted.
Gifts
A. Gifts to the HPD are received
to further the goals, functions, and/or business
of the department. Gifts may be accepted as long
as a reasonable person would not conclude that the
gifts were intended to reward or influence an
employee with carrying out his or her duty.
B. The City Council accepts gifts
or donations of money, securities, personal
property, and/or real property on behalf of the
department and the City and County of Honolulu.
The City Council also exercises its discretion
in determining the items that will be accepted.
C. Gifts or donations may not be
expended or used prior to acceptance and/or
approval by the City Council.
DEFINITIONS
A. A “gift” is defined as any voluntary
contribution to the HPD and/or the City and
County of Honolulu for a public purpose, made
gratuitously and without consideration, whether
earmarked for a specific purpose or not. Gifts
can be in the form of money, securities, goods,
services, loans, travel, entertainment, hospitality,
property, or promise in any other form.
B. Gifts received for a specific activity or
program are considered a single gift.
C. Gifts obtained as part of the same
donation are considered a single gift.
D. Gifts shall exclude items received
through an intergovernmental agreement. Refer to
Policy 1.07, INTERGOVERNMENTAL AGREEMENTS.
REQUESTS FOR ACCEPTANCE AND/OR APPROVAL OF GIFT
Requests to the City Council for acceptance
and/or approval of gifts to the department
shall be submitted to the city Managing
Director via the chain of command with a
copy forwarded to the Finance Division.
The form templates may be accessed by selecting
“Divisions” from the main page of the HPD intranet.
The user will select “Finance” on the Divisions menu.
The selection of “Budget Section” from the Finance
page will provide access to the form templates.
ANONYMOUS GIFT
No gift from an anonymous donor shall be
received or accepted unless the gift is
donated to the department for an unrestricted
purpose or is expressly approved by the City Council.
FOR GIFTS VALUED AT $2,500 OR LESS
A. The receiving element shall forward
the following documents to the Finance Division:
1. The letters of appreciation for the
gifts to the donor from the Chief of Police
(Attachment 1) and the Mayor (Attachment 2);
2. The city’s Declaration of Gift form
(Attachment 3) and any related documents,
brochures, and letters; and
3. A copy of the city’s Donor Disclosure
Statement (Attachment 4).
The original Donor Disclosure Statement
is to be retained by the requesting element
and a copy shall be forwarded to the Finance Division.
a. The Donor Disclosure Statement
is intended to assist city agencies in
determining whether it is appropriate to
accept the gift to the city or to accept
the gift for use by a specific city agency.
b. The information provided on the
statement should indicate any pending
activities the donor may have with the city.
c. The HPD should be aware of any
pending matter that the donor may have
with the city before determining whether
to accept the gift.
B. The quarterly report and/or
resolution to the City Council at the
end of each quarter shall be submitted
by the Finance Division.
C. The City Council will automatically
accept gifts within 30 to 60 days of receipt
of the report by the City Clerk’s Office.
FOR GIFTS VALUED IN EXCESS OF $2,500 AND/OR GIFTS
THE DEPARTMENT WISHES TO EXPEND IMMEDIATELY
(FOR ANY AMOUNT) PRIOR TO THE CITY COUNCIL’S
ACCEPTANCE OF THE DEPARTMENT’S QUARTERLY REPORT
A. The receiving element shall forward
the following to the city Managing Director
via the chain of command for the City Council’s
review and approval:
1. The letters of appreciation for the
gifts to the donor from the Mayor (Attachment 2);
2. The city’s Declaration of Gift form
(Attachment 3) and any related documents,
brochures, and letters; and
3. A letter to the City Council requesting
acceptance of the gifts to the department and a
resolution expressing the City Council’s
acceptance of the gifts to the department.
Pages 1 and 2 of Attachment 5 shall be
submitted to the City Council for acceptance
of a gift valued in excess of $2,500 that
has been taken into custody by the department.
4. The original shall be submitted to
the Mayor’s Office and copies shall be made
for the Mayor’s Office, Chief’s Office,
Legislative Liaison Office, Finance Division,
the requesting element, and the HPD (return copy).
The resolution shall be saved on a portable
storage device and submitted with the copies.
B. The City Council will automatically
accept gifts within 60 days of receipt of
the report by the City Clerk’s Office.
CITY COUNCIL ACCEPTANCE/APPROVAL OR REJECTION OF GIFT
Automatic acceptance/approval of gifts by the
City Council commences from the moment the
report is received and date/time stamped by
the City Clerk’s Office. This is
based on the time periods as referred to in
subsection C, section V; and subsection B, section VI.
In the event that the gift is rejected
by the City Council, any part of the
gift used or expended is subject to be
returned to the donor.
A. If the gift is other than cash
and cannot be returned, the receiving
element shall pay the prospective donor
the value of the gift from available appropriations.
B. If the gift is returned to the donor
at less than full value, the receiving element
shall return the gift along with payment for the reduced value.
REFERENCES
A. Revised Ordinances of Honolulu No. 1-19.7.
B. Section 11-102(a), Revised Charter of Honolulu.