OFFICE OF THE PROSECUTING ATTORNEY RE County of Kaua 'i, State of Hawai'i

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1 Justin F. Kollar Prosecuting Attorney Jennifer S. Winn First Deputy Rebecca A. Vogt Second Deputy Diana Gausepohl-White Victim/Witness Program Director OFFICE OF THE PROSECUTING ATTORNEY RE County of Kaua 'i, State of Hawai'i 3990 Ka'ana Street, Suite 210, LThu'e, Hawai'i FAX Victim/Witness Program or MAR 11 P 1 :45 March 10, 2016,fl r " ~ j,- ~~-,_ :- " ~/ _-:~-C... Honorable Mel Rapozo, Council Chair and members of the County Council County of Kauai 4396 Rice Street Lihue, HI Re: Department of Transportation Highway Safety Grant Program FY17 Dear Chair Rapozo and County Council Members: I respectfully request County Council approval to apply, receive and expend $162, of Federal Highway Safety funds from the State of Hawai'i Department of Transportation to be used towards continuing the funding of a 1.00 FTE Special Prosecuting Attorney, travel, and training. This is a reoccurring grant, and grant information including a budget has been attached for your reference. Thank you for your time and consideration in this matter. Please do not hesitate to contact me at jkollar@kauai.gov or at should you have any questions. Respectfully, Justin F ollar Prosecuting Attorney Enclosure /jo An Equal Opportunity Employer

2 !\ 16 MAR 11 P 3 :07 Highway Safety Program Request for Proposals Form Contact Person: Justin F. Kollar, Prosecuting Attorney Phone: 8"'""0"""'8"--:;,=2_, 4-'"-1-_,1~7=2=8 Address: --.J-j=ko=l=la=r_o.;;@~k=a=u=a'-"i.Cl:>g=ov_,,..,-----' Name of Agency/Organization: County ofkaua'i, Office of the Prosecuting Attorney Address: ~3~9~9~0~K~a=an=a~Su= =ee=t~su=t="te~2~10~-----,..,----~ City: --=:L""ih'""u""e ~- Zip Code: -~9-"'6-'--76"'-'6" What Strategic Highway Safety Plan Strategy does your proposal address (cite specific strategy, not just the emphasis area)? Programs to enforce traffic laws/ in the areas of speed, occupant protection, impaired driving and distracted drivingby.enliancingprosecution resources, skills and knowledge.: Please be precise and to the point. Lirriitproposalsto no more than five (5) pages. PROBLEM STATEMENT Identify the traffic safety related problem or deficiency that the proposed grant is intended to correct. Identify and gather appropri,ate data relevant to the problem. Collision/fatalities data appropriate to the identified problem and"'a bri~janalysis of the data is required When available, three years of data should be presented ancl'anqlyzed When identifying the problem, take into consideration changes in population, trafficpatterns and other demographic dynamics that may affect traffic safety. The Cori11ty ofkaua'i, Office of the Prosecuting Attorney currently has three Deputy Pro.secuting Attorney's who are assigned to cases involving vehicular crimes (two at the felony level and orie at the misdemeanor level). The Prosecuting Attorney, recognizing the seriousness of these offenses and their impact on the community, also maintains a caseload consisting of vehicular felony crimes. These dedicated attorneys are committed to improving their knowledge and skills in vehicular crimes prosecutions. In 2013, the County of Kaua' i was reported to have an estimated population of 69, The County ofkaua'i's Department of Finance Treasurer David Spanski reported a total of 1 US Census Bureau 5/ html Rev

3 94,022 registered vehicles, that includes cars, trucks, motorcycles and trailers, registered in These numbers indicate that there are more registered vehicles than there are people on Kaua'i. According to reports for the Kaua'i Police Department (KPD) Traffic Safety Unit, there were 1,483 reporting traffic collisions in 2013 and sadly, there were a total of7 fatalities in 2013, and 8 fatalities in Information gathered from the Kaua'i Police Department Traffic Safety Unit indicated that a total of23,407 moving violations were issued on Kaua'i during 2014, in comparison to a total of20,208 in This represents a 16% increase in traffic citations from 2013 to 2014, which has placed additional resource demands on OP A staff consistent with the increased work load and case load. In July 2014, Hawaii State Law set some changes to the law pertaining to dri:ving with hand held electronic devices. Fines for using a handheld electronic device whil~ driving were increased from $100 to a base fine of $250 and a fee of $300 if violating in a'schoolione or construction area. A total of 1,214 citations were issued for use of Mobile Electrdni<;: Devices. Due to the increase in cases, along with the increase in other forms oftntffic enforcefu,ent citations, the OPA, was able to utilize funding from the 2015 Department of Tr~nspm;tation Highway Safety Grant to fund a 1.00 Full Time Equivalent (FTE) Vehicular Cri111e:ProsecutingAttorney. Deputy Prosecuting Attorney Anne K. Clarkin:is th~ QPA's\Tehicular Crime Prosecuting Attorney and also serves as Hawai'i's Traffic Safety B.-esQurc&:Prosecutor (TSRP). As of March 1, 2015 Ms. Clarkin has been able to work on~:gl}~red~ of petty misdemeanor Operating a Vehicle under the Influence (OVUII) cases, ancf'lifs'wgrkedon numerous Negligent Injury in the First/Second Degree as well as Negligent;HdmicidecCa$eS during her time with the Honolulu Prosecutor's Office as well as with OUJ'Offisef;W"iJho'iit continued funding for this position, these cases would not be given the appropriat~ pfi:qxity.:'the OP A is requesting funding to continue the support of the 1.00 (FTE) VehkuJar Criih~ Prcfsecuting Attorney to continue handling the evergrowing number of complex vehit~lar crimes occurring on Kaua'i. The OPA and KPD~s''ttaffic<Sl:lfety Unit continuously work in conjunction to keep Kaua'i's roads safe. Both agcm,cies'l~~nd representatives to the Traffic Commanders Quarterly Meetings, annual Lifesavers Conference, participate in the Hawai'i Coalition for Zero Impaired Driving, attending Dflli confererlces and meetings, assist with crafting proposed legislation, and attending and participl1;til1g as trainers at the various traffic trainings in Hawai'i, which have allowed the Dep:uties \vhg,work on traffic crimes the opportunity to add to their knowledge and skills in the~axea o"l'_prosecuting traffic crimes. DPA Clarkin, as Hawai'i's TSRP, would attend regular TSRP~'PartnerConferences and the two-week Drug Recognition Expert school on O'ahu. Training'for the County's Deputies that are assigned to vehicular crimes will help to continue to incr~ase the successful prosecution of cases. The Deputies will be able gain knowledge,and skills in the prosecution of those caught conducting vehicular crimes. Effective vehicular:6rimes prosecution may further prevent traffic fatalities and injuries for others. In , with funds from the 2014 DOT Highway Safety Program Grant, the OPA would like to continue having one designated Deputy focus 100% of her time of Vehicular Crimes and continue having training for deputies dealing with vehicular crimes. GRANT GOALS Goals serve as the foundation upon which the grant is built. Goals are what you hope to accomplish by implementing a traffic safety grant and represent an end result. Grant goals should be stated in measurable terms (i.e., a percent reduction), be concise and deal with a specific item, be realistic with a Rev

4 reasonable probability of achievement, and be related to a specific time frame (a "by" date). Please notate baseline from which the reduction/increase will result. The County of Kaua 'i, Office of the Prosecuting Attorney's (OP A) goal for is to maintain the 1.00 Full Time Equivalent (FTE) Vehicular Crime Prosecuting Attorney to assist in District Court and handle vehicular crimes from October 1, 2016 to September 30, To enhance the prosecutorial skills and effectiveness ofthe County's Vehicular Crimes Deputies through attending a training held in the State ofhawai'i, attending quarterly Traffic Commanders meetings, attend the Lifesavers Conference and/or Lethal Weapon1faining, send two attorneys to the Drug Recognition Expert Conference as well as the two-week sc;}:10ol held on O'ahu, and attend the TSRP Partners Conference during the project peri()d~.. The VCRP will work towards having a 90+% conviction rate on all OVUIIc8.ses and a 90+% conviction rate in cases of negligent injury and negligent homicide. GRANT OBJECTIVES Objectives are tasks or activities conducted in order to accomplish thrl"grant goal(s) (e.g., develop permanent fitting stations for child restraints, enforcement activjties, edftcgtional activities, etc.). Grant objectives should be stated in measurable terms (i.e., a pereentt~c{uction; number of training to be held, number of roadblocks, etc.), be concise and deal with a spetifzr; itein';,be realistic with a reasonable probability of achievement, and be related to a spec.ifzc timefrcin:e(a "by" date). The County ofkaua'i, Office ofthe~prpsecuting Attorney will maintain the l.oo FTE Special Prosecuting Attorney frofuoctdber (2016 to September 30, The County ofkaua'i, OPA Will seh~!hecounty's Vehicular Crimes Deputy Prosecutor and another designated AttorneY( who afso works on lesser traffic matters or is gaining training in traffic matters)'fo one traffic crimes investigation course to be held within the State ofhawai'i, during theproject period. The County ofkaua'i;opa;will send the County's Vehicular Crimes Deputy Prosecutor and another Attorney to.p11eprosecution training course to be held within the State of Hawai'i, duringthe projettperiod. The Co.unty OtzKaha'i, OPA will send the County's Vehicular Crimes Deputy Prosecutor and anoth<;:r Attorney to the quarterly traffic commanders meetings to keep abreast of issues.andd~velopments of Statewide concern in the area oftraffic Safety, during the pr()j ect peri o'cf. Th~Goul1ty ofkaua'i, OPA will send the County's Vehicular Crimes Deputy ~ros.etutor/traffic Safety Resource Prosecutor (TSRP) and another attorney to the Drug RecOgnition Expert (DRE) Conference on the mainland. The County of Kaua'i, OPA will send the Traffic Safety Resource Prosecutor to the TSRP Partners Conference on the mainland. The County ofkaua'i, OPA will send the TSRP to a two-week DRE school on O'ahu. The County ofkaua'i, Office ofthe Prosecuting Attorney will send the County's Vehicular Crimes Deputy Prosecutor and another Attorney to the Lifesavers Conference and/or Lethal Weapon Training. The County ofkaua'i, Office of the Prosecuting Attorney will keep record of conviction rates on all OVUII cases and negligent injury and negligent homicide cases. Rev. 3/10115

5 METHOD OF EVALUATION Using data gathered throughout the grant period, the grant manager will evaluate (I) how well the stated grant goals and objectives were accomplished, and (2) was the grant cost effective? How are you going to show effectiveness of your project? What will be the impact of the project on your identified problem and goal (s)? Provide details on the method of evaluation. The 1.00 FTE Special Prosecuting Attorney will be required to submit bi-monthly time sheets indicating the hours worked.. Within 30 days of returning from training or a Traffic Commander's Meetings, the Deputy Attorney(s) that attended the training/meeting will be required to supmit all documentation and a written report on the training. This report will be shared VJitltt~e Prosecuting Attorney as well as with Deputies on staff. Report will be filed with thc(highway Safety Grant information and will be available for review. DETAILED BUDGET AND BUDGET NARRATIVE Describe all costs associated with the project: Personnel Costs 1.00 FTE, Special Prosecuting Atty. Salary per year ', Fringe Costs= 37.35% '.. '.: '' ERS 16.5% FICA (Social Security) 7.65% Unemployment Fund 0.66% Workers Compensation 5.20% Health Fund 7.34% > I \,... :. : $101, , Travel Expenses '', In-State ',... I ' Event/Conference: 2Deputies- 4 x RT Statewide. Traffic Comman<;lers Meetings Event/Conference: 2Deputies - 1 x RTVehicular Crimes '" >',, ' ',':-,, Training Event/Conference: 1 TSRP to attend the two-week Drug Recognition Expert School Event/Conference: 1 OPA Staff member to attend the Grantee Orientation (12 Roundtrips) Air Travel: 12 Roundtrips To: Honolulu I Hawai'i I Maui $2, From: Kauai Rev

6 Surface Travel: Car Rental (daily rate,# of days, $1, fuel, taxes, etc.) 21 $50.00 per day Per Diem: 21 $1, $ 90 per day Accommodations $1, nights of hotel accommodations for 2 Deputies for 4 Statewide Traffic Commanders Meetings 2 nights of hotel accommodations for 2 Deputies to attend Vehicular Crimes Training 10 nights of hotel accommodations for 1 TSRP to attend a two-week DRE School on O'ahu... ~. $55.00 per night x 20 nights=.. ' $1, Baggage Fee: N/ A - inter-island corporate bookings have 2 free luggage allowances Tuition, Course, Registrati()h:anef:> Miscellaneous Fees: Individual cost: $150 X - -- $ No. of attendees: 2.. : Out-of-State>..... ; Event/Conference: 2 Deputies to attend tlie Lifesavers Convention Event/Cpnference: 2 Deputies DRE Cortference Event/Conference: TSRP to attend annual TSRP Conference. Air Travel: (5 roundtrips) To: TBD - $9, From: _Lihue, Hawai'i $1,800/per person Rev. 3/10/15

7 Surface Travel: Car Rental (daily rate, # of days, $ fuel, taxes, etc.) Shuttle Service to and from Airport to Conference $120 one way Per Diem: 25_days@ $3, $ 145 per day. Accommodations: $100 per $2, night/per person Baggage Fee: $50 per $ person/roundtrip. Tuition, Course, Registration and I Miscellaneous Fees: Individual cost: $300 x No. of $600":00 attendees: 2 > Travel Sub-total.>.. ' :> 22, Equipment Office Supplies. ": c. ::.. 1, TOTAL GRANT REQUEST $162, Rev. 3/10115