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Council approves annual authorization for Hawaii Police Department intergovernmental agreements after members question redactions and immigrant‑protections
Summary
The council approved Resolution 27‑25 authorizing the mayor and Hawaii Police Department to enter an index of intergovernmental agreements with state, federal and private entities; council members asked about redacted items, termination notice periods and protections for immigrant communities, while deputy corporation counsel and HPD staff said some items will be presented separately for review.
The Hawaii County Council on Dec. 18 adopted Resolution 27‑25, which authorizes the mayor (and, by extension, the Hawaii Police Department) to enter into an index of intergovernmental agreements that include MOAs and MOUs with state, federal and private entities.
Deputy Corporation Counsel Cody Friends, who said she represents HPD on the request, described the item as a cleanup measure to give the police department authority to sign a range of agreements and noted that HRS 46‑7 requires certain approvals. The resolution’s index (Exhibit A) lists a large number of agreements: one with the County’s Office of Housing and Community Development, 13 agreements among nine state agencies, 10 agreements among eight federal agencies, and four with private‑sector partners.
Councilmembers raised two recurring concerns: (1) the packet included a redacted version of some proposed agreements that several members asked to see unredacted; and (2) testifiers and Councilmember Kaguata urged stronger guardrails to protect immigrant communities from overreach by federal partners. Sandy Ma of the Legal Clinic earlier testified expressing reservations about the resolution, saying the measure "does not have enough guardrails in place to make sure that the immigrant community in Hawaii County... is properly protected from overreach by any federal agencies."
Major Sherry of HPD clarified that certain MOAs would permit specific operational support such as explosive ordnance disposal access and that termination clauses in some MOUs call for up to 180 days’ written notice; Deputy Corporation Counsel said the municipality could bring separate resolutions for items that were redacted and that those redacted items will undergo normal committee review and two readings.
Councilmembers discussed whether the agreement index should come to the council individually each month or be handled annually; Deputy Corporation Counsel and the council agreed that an annual package would expedite routine agreements while preserving the council’s authority over accepting funds. Council voted to adopt Resolution 27‑25 (motion carried by recorded voice vote; roll call shows the motion carried with 8 ayes, 1 excused).
What the resolution does: It authorizes an administrative pathway for HPD to maintain a standing set of agreements with partner agencies and private entities; it does not, by itself, accept funding. Councilmembers and staff agreed that any acceptance of funds would still require council action.
The clerk recorded the motion as adopted; corporation counsel said the redacted items will return in separate resolutions to allow fuller review.
