Employees of the Honolulu Police Department (HPD) shall adhere to
the procedures in this directive for notification of criminal
arrest, indictment, plea, conviction, and sentence; filing a
report of probable claim against the city or employees of the
HPD; and the transmittal of information or legal papers to the
Department of the Corporation Counsel (COR).
Notification of Criminal Arrest, Indictment, Plea,
Conviction, and Sentence
A. Any employee who is arrested, indicted, or otherwise
charged for a criminal offense; enters a plea of guilty
or no contest (including guilty or no contest pleas
whose acceptance is deferred); is convicted and
sentenced for any criminal offense or is found not
guilty; or has a case dismissal , mistrial, or
disposition of the case shall notify the Professional
Standards Office (PSO). The notification shall be made
by completing and forwarding the Notification of
Criminal Proceeding/Civil Action , HPD-1 95 e-form,
within 48 hours.
B. The HPD-195 e-fo rm can be accessed on the city’s
intranet Web site at
Click on
C. The employee shall complete the HPD-195 e-form and
forward a copy to his or her element commander.
D. For cases that may adversely affect the HPD, the
element commander shall follow the guidelines of
article IX A of the Standards of Conduct. The officer
or civilian shall be placed on leave with pay pending
investigation pursuant to applicable rules of the
Department of Human Resources.
E. Upon notification, the PSO shall immediately bring all
cases to the attention of the deputy chief and provide
a synopsis of the incident.
F. The deputy chief shall bring the case to the attention
of the Administrative Review Board for discussion and
provide an interim recommendation to the Chief of
Police regarding the assignment of the officer or
civilian employee involved.
Notification of Civil Action
A. Upon receipt of a civil action or temporary restraining
order (TRO) against an officer or civilian employee of
the department, the Records and Identification Division
shall transmit by facsimile a copy of the document to
the officer’s or employee’s division-level commander.
B. Any employee who is served with (1) a civil action that
is related to his or her actions and involvement as an
employee of the City and County of Honolulu or (2) a
TRO shall notify the PSO of the service of civil action
or TRO . The notification shall be made by completing
and forwarding the Notification of Criminal
Proceeding/Civil Action, HPD-195 e-form, no later than
48 hours after service.
C. The employee shall complete the HPD-195 e-form and
forward a copy to his or her element commander of the
service of the civil action or TRO.
D. In order to obtain timely legal counsel from the city,
it is essential for the employee to submit the HPD-195
e-form as soon as possible after service of a TRO.
Probable Claim Against the City or Employees of the HPD
Any collision or police-connected incident that may result
in a claim for damages against the city or civil or criminal
action against an officer or civilian employee of the HPD
shall be reported as follows:
A. The employee shall immediately notify his or her
supervisor and the appropriate investigative unit if
there are extensive injuries or damages to a person or
property.
B. The investigative unit shall investigate the collision
or incident thoroughly and file a written report
thereon with the following information:
1. Date, time, and place of the collision or
incident;
2. Photographs, diagrams, sketches, etc., of the
collision;
3. Description of the collision;
4. Cause or causes of the collision, if
ascertainable;
5 . Description or listing of injuries to persons or
damages to property;
6. Names, permanent addresses (home and business),
and telephone numbers of probable claimant and
witnesses and their statements, if any, with
regard to the collision;
7.Recovery or preservation of the object or cause of
the collision when practicable; and
8. Alleged criminal violation(s)
C. The investigative unit shall:
1. Send a copy of the collision or incident report to
the COR;
2. Notify the COR of any follow-up investigations and
forward all written reports thereon; and
3. Notify the appropriate department that is
responsible for maintenance or repairs (when
circumstances warrant it) to take the necessary
corrective action in order to prevent future
collisions, irrespective of the presence or
absence of any negligence on the part of the city.
D. All departmental employees shall refrain from
expressing any opinion to the probable claimant or any
other person that the city was negligent or at fault
with regard to the collision or incident.
Transmittal of Legal Notifications and Processes
A. Whenever an employee of the HPD receives a complaint
and summons, order to show cause, notice of civil suit,
notification that he or she is the subject of an
investigation by the court or other law enforcement
agency, or any other form of legal process naming the
city or an officer or employee of the department, that
document or a copy thereof shall be forwarded to the
PSO no later than the next working day.
1. Notification shall be made on the HPD-195 e-form.
Also, a copy of the document(s) received shall be
attached.
2. On the HPD-195 e-form, the officer shall also
indicate whether he or she is requesting legal
representation by the City and County of Honolulu
in accordance with Sections 52D-8 and 52D-9,
Hawaii Revised Statutes, and the Guidelines for
the Honolulu Police Commission Request for Legal
Counsel (adopted on September 6, 1995).
B. Sovereign Citizen Movement Documents
As noted in Policy 4.47, SOVEREIGN CITIZEN MOVEMENTS,
documents generated from sovereign citizen groups carry
no legal validity and require no departmental response.
They shall be forwarded to the Major Events Division no
later than the next working day.
C. Subpoena Duces Tecum
1. Definition: A subpoena duces tecum is a legal
document or process that commands a witness to
produce a document or paper at a trial or a
hearing.
2. Subpoenas duces tecum addressed to the “Custodian
of Records” or “Custodian of Records and
Identification” shall be processed by the
commander of the Records and Identification
Division.
3. Subpoenas duces tecum addressed to employees other
than the “Custodian of Records” or the “Custodian
of Records and Identification” shall be handled as
follows:
a. Whenever an employee of the HPD receives a
subpoena duces tecum, the employee shall
immediately confer and register the document
with the PSO prior to any contact with the
COR or the Department of the Prosecuting
Attorney (PAT).
b. All employees receiving other civil or
crimi nal documents requesting dispositions ,
reports, evidence, or personnel information
shall contact the PSO to register the
requesting document and to confer prior to
answering the specified request of the
document.
c. If the employee being served does not have
control or possession of the original
document or paper that is named on the
subpoena duces tecum, the person attempting
service should be notified of this fact and
be directed to the proper div ision commander
having control or possession of the document
or paper.
d. Immediately after consultation with the PSO,
a report shall be submitted by the employee
to the employee’s assistant or deputy chief
(via channels) noting the document or paper
being subpoenaed, the time and date of the
consultation with the PSO, and the advice
received.
e. The PSO shall act as the liaison between the
employee, the COR, and the PAT.
f. In certain instances (e.g., cases that have
raised public concern), the assistant or
deputy chief shall immediately forward a copy
of the employee’s report to the Office of the
Chief of Police.
g. Since the COR is required to institute
proceedings prior to filing an answer or
appearing in court, the PSO shall
expeditiously contact the COR on behalf of
employees who have received subpoenas duces
tecum.
D. Subpoenas Served on HPD Employees
Refer to Policy 7.12, SUBPOENAS FOR AND COURT
APPEARANCES BY DEPARTMENTAL PERSONNEL, regarding
subpoenas to be served on HPD employees.