All personnel shall follow city ordinance requirements concerning intergovernmental relations when departmental resources and services are used for other governmental or quasigovernmental agencies.
All personnel shall not accept or create any intergovernmental obligation for their division, this department, or the city without prior written approval from the Chief of Police.
DEFINITIONS (Article 8, Revised Ordinances of Honolulu)
A. Intergovernmental agreement (IGA): Any instrument
in the nature of a contract, compact, memorandum of understanding,
or agreement that is intended to be executed between the city and
either the federal government, the state government, the government
of any other state, any political subdivision of any state, any
combination thereof, or with a quasigovernmental agency.
An IGA also includes any arrangement between the city and
a governmental entity listed above or between the city and
a nongovernmental entity under contract with a governmental
agency listed above to provide training to city personnel
alone or in combination with travel and lodging for the city
personnel to participate in the training. To be deemed an IGA,
such an arrangement need not be formalized in a contract,
compact, memorandum of understanding, or agreement that is
executed between the city and a governmental entity.
B. Obligation: Any commitment, promise, or similar
representation contained in an intergovernmental agreement
that the city or any agency thereof will provide funds, documents,
statistical data, or any professional or technical service
to any other governmental or quasigovernmental agency.
ORDINANCE REQUIREMENTS
A. Pursuant to Section 1-8.2 of the
Revised Ordinances of Honolulu, the department
will submit an annual report of IGAs to the
Honolulu City Council in lieu of obtaining
prior approval for each agreement. The report
that is submitted every September 30 shall detail
all IGAs entered into by the department in the previous fiscal year.
B. The report shall include all verbal and written IGAs.
C. Nongovernment Organizations
A City Council resolution is required before accepting
money that is disbursed by a nongovernmental organization
and places an obligation on the
department. For example, a resolution is required when
federal funds are disbursed through the Young Men’s
Christian Association to the Weed and Seed program.
1. To apply for a resolution, an element shall
submit a cost reimbursement agreement for written
approval by the Chief of Police. Attachment 1 is a
sample agreement that elements can use as a guide
and modify to their specific situations.
2. Before the agreement is submitted to the Chief,
it shall be signed by the nongovernmental organization
disbursing the funds and the administrator of the program
who will receive the monies.
3. Training sponsored by a nongovernmental
entity that receives government funds is exempt
from the City Council approval process.
D. The approval and acceptance of “gifts” are separate
issues that are not affected by the ordinance or this policy.
Acceptance of money, goods, and services that qualify as a
conflict of interest shall continue to be processed as gifts to the city.
APPROVAL PROCESS
A. IGAs executed at the element level shall be
reviewed and approved by the element’s bureau chief.
B. The senior police legal advisor shall review
all IGAs that require the approval of the Chief of Police
before they are forwarded for signature.
Upon approval and signature of the Chief of Police,
a copy shall be forwarded to the senior police legal advisor.
C. An electronic copy of all signed IGAs shall also be
forwarded to the management analyst who shall be responsible
for maintaining a file of the approved IGAs.
ELEMENT RESPONSIBILITIES
A. Each division-level element shall submit a
monthly report that lists and details all IGAs the
element initiated in the reporting month.
1. The report shall be submitted via the
chain of command to the Finance Division by the
last working day of each month.
2. The report shall be created using the
Excel template that is on the HPD’s intranet.
a. The template can be accessed by first selecting
“Divisions” from the main page of the intranet and
selecting “Finance” to go to the Finance Division’s site.
Selecting “Budget Section” from the Finance Division’s
page will provide access to the template.
b. After corrections have been made and
approvals received on the hard copy of the report,
3. The report shall include all written and verbal IGAs.
Verbal IGAs will not have the interÂgovernmental documents that
are processed for written IGAs. However, each element shall
obtain written approval from the Chief of Police on a report
that details its obligation for each verbal IGA.
4. Each element shall retain a copy of the IGA report form
that is submitted to the Finance Division for three years.
B. The Finance Division shall prepare and submit the
department’s annual report of IGAs to the Honolulu City Council
by September 30 of each year.
REFERENCES
Sections 1-8.1 and 1-8.2, Revised Ordinances of Honolulu 2021