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HB 285 - Requires Law Enforcement Transparency - Hawaii Key Vote

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Title: Requires Law Enforcement Transparency

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that requires county law enforcement agencies to disclose to the legislature the identity of an officer upon their suspension or discharge.

Highlights:

 

  • Requires the report to (Sec. 2):

    • Summarize the facts and nature of the misconduct for each incident; 

    • Specify the disciplinary action imposed for each incident;

    • Identify any other incident in the annual report committed by the same police officer; 

    • State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer has concluded:

      • If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:

        • Whether the incident concerns conduct punishable as a crime, and if so, describe the count police department’s findings of fact and conclusions of law concerning the criminal conduct; and

        • Whether the county police department notified the representative; or

      • If the highest nonjudicial grievance adjustment procedure as of the end of the reporting period; and

    • Disclose the identity of the police officer upon the police officer’s suspension or discharge.

  • Specifies that the following are examples of information in which the individual has a significant privacy interest (Sec. 3):

    • Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information which an individual is present at such facility; 

    • Information identifiable as part of an investigation into a possible violation of criminal law except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation; 

    • Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels; 

    • Information in an agency’s personnel file, except:

      • the following information related to employment misconduct that results in an employee’s suspension or discharge:

        • The name of the employee; 

        • The nature of the employment-related misconduct; 

        • The agency’s summary of the allegations of misconduct;

        • Findings of fact and conclusions of law; and

        • The disciplinary action taken by the agency.

See How Your Politicians Voted

Title: Requires Law Enforcement Transparency

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that requires county law enforcement agencies to disclose to the legislature the identity of an officer upon their suspension or discharge.

Highlights:

 

  • Requires the report to (Sec. 2):

    • Summarize the facts and nature of the misconduct for each incident; 

    • Specify the disciplinary action imposed for each incident;

    • Identify any other incident in the annual report committed by the same police officer; 

    • State whether the highest nonjudicial grievance adjustment procedure timely invoked by the police officer has concluded:

      • If the highest nonjudicial grievance adjustment procedure has concluded, the report shall state:

        • Whether the incident concerns conduct punishable as a crime, and if so, describe the count police department’s findings of fact and conclusions of law concerning the criminal conduct; and

        • Whether the county police department notified the representative; or

      • If the highest nonjudicial grievance adjustment procedure as of the end of the reporting period; and

    • Disclose the identity of the police officer upon the police officer’s suspension or discharge.

  • Specifies that the following are examples of information in which the individual has a significant privacy interest (Sec. 3):

    • Information relating to medical, psychiatric, or psychological history, diagnosis, condition, treatment, or evaluation, other than directory information which an individual is present at such facility; 

    • Information identifiable as part of an investigation into a possible violation of criminal law except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation; 

    • Information relating to eligibility for social services or welfare benefits or to the determination of benefit levels; 

    • Information in an agency’s personnel file, except:

      • the following information related to employment misconduct that results in an employee’s suspension or discharge:

        • The name of the employee; 

        • The nature of the employment-related misconduct; 

        • The agency’s summary of the allegations of misconduct;

        • Findings of fact and conclusions of law; and

        • The disciplinary action taken by the agency.

See How Your Politicians Voted

Title: Requires Law Enforcement Transparency

Vote Smart's Synopsis:

Vote to pass a bill that requires county law enforcement agencies to disclose to the legislature the identity of an officer upon their suspension or discharge.

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