THE SENATE

S.C.R. NO.

61

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the councils of THE CITY AND COUNTY OF honolulu, AND THE COUNTIES OF maui, kauai, and hawaii to study and implement a training reimbursement program for police officers and firefighters who terminate employment with the county.

 

WHEREAS, there is a shortage of qualified candidates to serve as police officers and firefighters throughout the State; and

WHEREAS, the need exists to improve the administration of local law enforcement in order to better protect the health, safety, and welfare of our citizens; and

WHEREAS, police work and fire fighting require proper educational and clinical training during a time when greater reliance on improved law enforcement and fire safety through higher standards of efficiency is of paramount need; and

WHEREAS, participation in educational and training programs for individuals seeking to become police officers or firefighters, as well as for those who are currently in those positions, can help to meet this need; and

WHEREAS, the investments made by the counties to provide for such education and training inures not only to the benefit of the public, but also to the individual receiving the training; and

WHEREAS, often individuals find it necessary to terminate employment with the counties and utilize their training and experience through employment with another governmental entity in the same or similar positions; and

WHEREAS, the counties are then left having spent their limited resources on training individuals whom they no longer employ; and

WHEREAS, the recoupment of costs associated with the training of these individuals will, at a minimum, allow the counties to reinvest those funds into other officers and firefighters in order to preserve and improve their law enforcement and fire safety workforces; and

WHEREAS, because these individuals do derive some benefit from the training, it is reasonable to require them to either serve a sufficient amount of time in the capacity for which they were trained, or to reimburse the county for such costs; and

WHEREAS, reimbursement agreements for police officers have been utilized and upheld by the courts in several jurisdictions, including cities in Florida, New Jersey, Missouri, Georgia, and the District of Columbia; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Honolulu City Council, the Maui County Council, the Kauai County Council, and the Hawaii County Council are requested to study and develop a program for the reimbursement of training costs by police officers and firefighters who successfully complete their training, are hired, and later terminate their employment with the county; and

BE IT FURTHER RESOLVED that the program is requested to examine and explore the following issues:

(1) Whether a reimbursement agreement is a matter subject to collective bargaining;

(2) What types of costs will be allowed to be recovered, including but not limited to whether base salary received during training will be recoverable;

(3) The duration for which police officers or firefighters must work before they can terminate employment to work for another governmental entity in the same or similar positions without necessitating reimbursement;

(4) What constitutes a reasonable reimbursement schedule;

(5) Whether a graduated schedule for reimbursement is appropriate with respect to the amount of time served in the capacity as a police officer or firefighter for the county; and

(6) The propriety of the recovery of costs associated with an individual who is terminated from employment by the county; and

BE IT FURTHER RESOLVED that in the development of the program, the Councils are requested to solicit input from the State of Hawaii Organization of Police Officers, the Hawaii Fire Fighters Association, and the Department of Labor and Industrial Relations, as well as any other relevant or interested parties; and

BE IT FURTHER RESOLVED that the Honolulu City Council, the Maui County Council, the Kauai County Council, and the Hawaii County Council are requested to report to the Legislature no later than twenty days prior to the commencement of the Regular Session of 2006 on the development and plan for implementation of a training reimbursement program, including any proposed legislation for ordinances or state laws, as appropriate; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor and Chairperson of the Council of each county, the President of the State of Hawaii Organization of Police Officers, the President of the Hawaii Fire Fighters Association, and the Director of Labor and Industrial Relations.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Reimbursement of Training Costs; Police Officers and Fire Fighters