In any situation in which misconduct is alleged
and/or irregularities exist, the rights of the
officer shall be balanced with operational concerns,
the reputation of the department, and the best
interests of the community.
The restriction of police authority is an order
by the Chief of Police to an officer to cease
the use of any police authority until further
notice. This order may require the officer to
turn in certain police equipment (including
department-issued firearms and ammunition).
An officer’s police authority may be restricted
by the Chief of Police for reasons that shall
include, but are not limited to:
A. Ensuring the safety of the officer, as
well as that of the community;
B. Ensuring that officers are able to perform
their duties both competently and safely;
C. Preserving the integrity of the Honolulu
Police Department (HPD) and all its members; and
D. Minimizing potential civil/criminal
liabilities for both the officer and the department.
RESPONSIBILITIES
A. Only the Chief of Police may restrict
an officer’s police authority.
This restriction is different from the actions
of a supervisor who suspends or places an officer
on leave pending investigation in accordance
with the Standards of Conduct, the seizure of
firearms and ammunition in accordance with state
law or court order, and so forth.
B. Officers placed under restricted authority
shall comply with the order.
EQUIPMENT RECOVERY FOR RESTRICTED AUTHORITY
A. Total Recovery
Unless otherwise authorized by the Chief of
Police, officers shall turn in all of the
following issued items: identification and
access card(s); keys; police badge; cap shield;
firearm(s); ammunition; magazines; baton;
chemical agent; handcuffs; blue light(s);
mobile data computer; cellular telephone;
and portable radio and accessories. Such
accessories shall include the charger,
carrying case, speaker microphone, and
batteries (including charger and carrying case).
B. Partial Recovery
The Chief of Police may require officers to
turn in specific police equipment in certain situations.
SITUATIONS WHICH MAY RESULT IN RESTRICTED AUTHORITY
Certain situations which may result in the
restriction of police authority shall include,
but are not limited to:
A. Criminal charge(s);
B. Arrest of the officer;
C. Positive drug test;
D. Termination pending;
E. Workers’ compensation claim for stress;
F. Fitness-for-duty evaluation;
G. Limited-duty assignment;
H. Court order for protection;
I. Any violation or revocation of probation
or setting aside of a Deferred Acceptance of Guilt
or Nolo Contendere plea;
J. Civil rights issues;
K. Expiration of firearm qualification;
L. Any leave without pay for greater than 30 days;
M. Administrative investigation of a serious conduct violation; and
N. Criminal investigation.
The following are some of the factors of a
criminal investigation that element commanders
and the Chief of Police shall take into
consideration when recommending restricted duty:
1. Validity of the allegation;
2. Seriousness of the allegation; and
3. Corroborative evidence, such as use of
force report(s), audio or video recording(s),
and/or impartial witnesses.
RESTRICTED AUTHORITY RECOMMENDATION
A. Upon the receipt of verbal or written
information to place an officer under
restricted authority, the element commander
shall conduct an inquiry for the validity
and thoroughness of the information provided.
The element commander shall send his or her
written report by the next working day to
the Chief of Police, via the chain of command,
including both deputy chiefs, and send a copy
of the report to the commander of the Human
Resources Division (HRD).
B. The report shall include a recommendation
whether to place or not to place an officer under
restricted authority, based on the facts and
circumstances presented.
1. For the safety of the officer and the
community, the division-level commander shall
be authorized to invoke the Chief’s authority
and immediately remove the officer’s department-
issued firearms, ammunition, and other equipment.
2. If the officer’s firearms are removed,
but he or she remains on duty, the commander
shall ensure that the officer is in appropriate
civilian attire and is assigned to desk duties.
C. Each restricted authority recommendation
report may be reviewed by the Administrative
Review Board (ARB).
1. The division-level commander and/or Professional
Standards Office commander, as appropriate, may be
requested to appear before the ARB to provide
information that pertains to the decision of restricting
the officer’s authority.
2. The ARB shall submit its recommendation
for restricted authority to the Chief of Police.
D. In each case, the Chief of Police shall
review the circumstances, consider the recommendation,
and determine whether the officer is able to
retain his or her police authority (including
firearms, ammunition, and other equipment).
E. The Chief of Police’s decision
shall be transmitted to the HRD who will notify
the element commander of the final determination.
SERVICE OF MEMORANDUM TO PLACE AN OFFICER
UNDER RESTRICTED AUTHORITY
A. To place an officer under restricted
authority, the HRD shall generate
a memorandum with the reasons for the
restricted duty. The memorandum shall be
signed by the Chief of Police and forwarded
directly to the officer’s command.
B. The memorandum shall be served by the
element commander or second in command
(either permanent or acting). This
responsibility shall not be delegated to
anyone of a lower rank.
1. The memorandum shall be served to the
officer in a private area. Service should
not occur in the presence or view of other personnel.
2. The officer shall sign both the original
and copy of the memorandum. The officer shall
retain the original.
3. The commander shall forward the signed
copy of the memorandum to the commander of the HRD.
C. The HRD shall forward a copy of the signed
memorandum to the State of Hawaii Organization
of Police Officers (SHOPO).
D. The officer shall immediately comply with
the requirements of the memorandum. The element
commander shall assist the officer with compliance.
1. The officer shall turn in the equipment
specified in the memorandum to the element commander.
2. The element commander may request the
assistance of the Property and Supply Section,
Finance Division, for equipment storage.
3. The officer’s eligibility for continuance
of the automobile allowance shall be in
accordance with Policy 4.13, POLICE VEHICLES,
and the SHOPO collective bargaining agreement.
E. With the approval of his or her commander,
the officer may elect to take an authorized leave
in lieu of working a desk assignment.
ASSIGNMENT AND SUPERVISION OF OFFICERS UNDER
RESTRICTION OF POLICE AUTHORITY
A. If operationally necessary and with the
approval of the Chief of Police, officers
may remain in their assigned element.
B. The element to which the officer is assigned
shall be responsible for supervising the officer
and ensuring the officer’s compliance with this directive.
WORK HOURS OF OFFICERS UNDER RESTRICTION
OF POLICE AUTHORITY
A. If operationally necessary and with the
approval of the Chief of Police, officers
may retain the work schedule they had before
they were placed on restricted duty.
B. If operationally necessary and authorized
by the element commander, officers may work
overtime and holidays.
COURT ATTENDANCE, SPECIAL DUTY, AND
OFF-DUTY EMPLOYMENT
A. When subpoenaed, officers on restricted
duty shall attend court dressed in appropriate
civilian attire.
B. Officers on restricted duty shall not work special duty.
C. Officers on restricted duty may work at off-
duty jobs in accordance with Policy 3.19, OUTSIDE EMPLOYMENT.
RECONSIDERATION OF RESTRICTION STATUS
A. A reconsideration of restricted duty
status may happen with a triggering event.
A “triggering event” includes, but is not
limited to:
1. Sixty days have passed since the service
of an order by the Chief imposing the initial
restriction;
2. Change of status in a criminal investigation;
3. Prosecutor’s Office declines criminal
prosecution; or
4. A protective order against the officer
has expired or has been vacated.
B.Upon a triggering event, the following shall occur:
1. If an officer becomes aware of a
triggering event that may affect the
status of the restricted duty, the
officer shall submit a memorandum requesting
reconsideration to the element commander;
2. The element commander shall conduct a new
inquiry of the facts and circumstances surrounding
the restriction. The element commander shall
complete the inquiry and submit a memorandum
to the Chief of Police with an updated recommendation
regarding the continuance of the restriction
within ten business days, with a ten-day extension,
where necessary. The justification for the
extension shall be included in the memorandum;
3. The officer shall be informed of any update
with regard to the restriction status; and
4. A commander who becomes aware of a triggering
event may proceed without a separate request from
the affected officer.
INVESTIGATIONS INVOLVING MORE THAN ONE OFFICER
When two or more officers are the subject of
the same investigation, they may be treated
independent from each other to reconsider their
restricted duty status.
RETURN OF POLICE AUTHORITY
A. An officer on restricted duty shall not
return to full duty until written approval
has been granted by the Chief of Police.
B. Upon receiving documents that may relate
to an officer’s restricted duty status, the
officer shall present copies of the documents
to the element commander. Submittal of these
documents shall not preclude the submission
of the Notification of Criminal Proceeding/Civil
Action, HPD 195 e-form, as per Policy 5.02,
NOTIFICATION OF CRIMINAL PROCEEDING/CIVIL ACTION
AND TRANSMITTAL OF LEGAL PAPERS.
C. The commander shall forward the documents
through channels to the Chief of Police along
with a recommendation regarding the continuation
of restricted duty.
D. The Chief of Police shall make a determination
on the request. The following may be considered:
1. A written, final disposition of the case has
been issued by the Chief of Police;
2. Criminal charges have been declined by the prosecutors;
3. The protective order has been rescinded or dissolved; or
4. A change of status in a criminal investigation.
E. If the Chief declines the officer’s return to
full-duty status, the officer shall be informed
by the element commander or second in command.
F. If the Chief approves the officer’s return to
full-duty status, the HRD shall prepare the necessary
memorandum for the Chief’s signature. After being
signed by the Chief, the memorandum shall be
forwarded directly to the officer’s command.
G. The memorandum shall be served by the
element commander or second in command
(either permanent or acting). This
responsibility shall not be delegated to
anyone of a lower rank.
1. The memorandum shall be served to the
officer in a private area. Service should
not occur in the presence or view of other
personnel.
2. The officer shall sign both the original
and copy of the memorandum. The officer shall
retain the original.
3. The commander shall forward the signed
copy of the memorandum to the commander of HRD.
4. Service of the memorandum will constitute
official return of police authority.
5. The HRD shall inform the supervisor of
the Special Duty Section, Major Events
Division, of the officer’s eligibility to
perform special duty.
H. The element commander shall assist the
officer in retrieving his or her equipment.
LIMITED ACCESS TO INFORMATION
Every reasonable effort shall be made to
ensure that access to information about
the restricted duty of an officer and
documents related thereto is strictly
limited. For example, documents passed
between the HRD and the element command
shall be hand-carried. Access to the
documents shall be limited to those who
need to know the information.