The fact that the state hired a disgraced cop
against the recommendations of the police agency that fired him cries out for a
statewide police oversight board.
JANUARY 14, 2016 · By The Civil Beat
Editorial Board
When the Honolulu Police Department fired
Officer Ethan Ferguson four years ago, one might have thought the disgraced
policeman would be done as a lawman. Falsifying reports and lying to
investigators regarding his transportation of an underage runaway aren’t the
sort of offenses a police officer’s career can typically survive.
But as we know now, that’s not the way things
turned out. Ferguson shockingly went to work within a year for the Hawaii
Department of Land and Natural Resources as a law enforcement officer on the
Big Island, with the same authority, power and weaponry entrusted to HPD cops.
Cut to last Thursday, when Ferguson was
busted in another case involving a minor and charged with five counts of sexual
assault. The arrest was based on allegations by a teen that she’d been
assaulted in Hilo by a man in a DLNR law enforcement uniform.
What’s wrong with this picture? How could a
cop fired for serious problems with integrity be hired by another law
enforcement agency in the same state?
The outrageousness of the situation makes an
emphatic case for what’s lacking in Hawaii. We remain the only state without a
statewide standards and training board and one of only six states that doesn’t
give a statewide oversight agency the power to revoke a peace officer’s license
for misconduct.
The facts of this case, still emerging,
border on the ridiculous.
James Nishimoto, director of Hawaii’s
Department of Human Resources Development, confirmed Wednesday in an e-mail to
Sen. Will Espero that both HPD and Ferguson himself acknowledged prior to his
hire by DLNR that he had been fired from his previous job.
“Details regarding the termination were not
provided” by HPD, Nishimoto told Espero.
But HPD now says that’s not exactly the case.
In fact, Honolulu police officials said late Wednesday they recommended DLNR
not hire Ferguson. Still, HPD did not disclose the circumstances that led to
Ferguson’s discharge, even to a brother law enforcement agency.
But DLNR recruiters didn’t need to look far
to find out about Ferguson’s troubled past. A simple Google search would have
told them the story.
Civil Beat’s Nick Grube reported Ferguson’s
firing in 2014 and the offenses for which he lost his job. The story was part
of our ongoing coverage of the lack of transparency when it comes to police
misconduct and discipline in Hawaii. Grube’s piece focused in part on how quick
police agencies are to destroy disciplinary records after an officer has been
terminated, as HPD did in Ferguson’s case.
Police officers have extraordinary power over
the lives of ordinary citizens, and the hiring of any cop who is going to carry
a badge and a gun warrants careful scrutiny of an applicant’s background. It’s
one thing for police officials, encouraged by the politically powerful police
union, toshut the public out when it comes to being able to check up on the
actions of police officers.
But to not disclose to another law
enforcement agency bad behavior that led to termination? Come on.
That point is not lost on Sen. Espero, who
practically breathed fire in an e-mail exchange Wednesday with Nishimiro and
DLNR Chair Suzanne Case.
“Without knowing the discussions between the
applicant and DLNR, I am outraged that DLNR would hire this individual in a law
enforcement capacity. The state needs to err on the side of caution and public
safety when it comes to hiring practices, and from what I know, this did not
happen,” Espero wrote. “There was a red flag on this individual, and the state
disregarded it.”
PF Bentley/Civil Beat
Espero suggests a “zero-tolerance policy” in
considering police officers fired from other departments. “We don’t need second
rate law enforcement officers working in state government,” he declared.
Espero has been the loudest voice at the
Legislature for the creation of a statewide board that would facilitate
training and set professional standards for law enforcement.
Establishment of such a board and greater
transparency in the disclosure of information related to police misconduct are
two of four main reform proposals Civil Beat supports for the coming
legislative session. Were those proposals already law, DLNR at minimum would
have had the facts regarding Ferguson’s past offenses easily at its fingertips
when considering his hire.
Espero is leading a coalition that promises
to introduce these and other reform measures this year, though as he told Civil
Beat in an Editorial Board meeting last month, he is leaning against language that
would give a police standards board power to take away an officer’s
certification.
He should reconsider throwing that political
bone to the State of Hawaii Organization of Police Officers, which has
successfully opposed reform measures for years. The Ferguson case proves beyond
a reasonable doubt the reasons a standards board should have the authority to
certify and decertify officers.
In the session that begins in one week,
legislators must take seriously reform of a law enforcement environment that, at
minimum, allows problem cops to move from agency to agency without their
history being fully disclosed to potential employers or to the taxpayers who
fund their salaries. One girl has allegedly paid a steep price for that lack of
reform.
Her case and numerous others in a law
enforcement system that virtually stands alone nationally in its lack of
adequate oversight cry out for justice. This year, we must not ignore the
cries.
About the Author
The Civil Beat Editorial Board
The members of Civil Beat's editorial board
are Pierre Omidyar, Patti Epler, Bob Ortega, Richard Wiens, Chloe Fox and Todd
Simmons. Opinions expressed by the editorial board reflect the group's
consensus view. Contact Opinion Editor Todd Simmons at todd@civilbeat.com or
808-377-0247.