`A Bum Job:` Trust In Honolulu`s Police

Transcription

4/18/2016
'A Bum Job:' Trust In Honolulu's Police Commission Crumbles Civil Beat News
H ON OLULU
‘A Bum Job:’ Trust In
Honolulu’s Police Commission
Crumbles
Amid ongoing Police Department scandals, Mayor Kirk Caldwell must decide
whether to reappoint three police commissioners whose terms are up.
APRIL 11, 2016 · By Nick Grube   
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Former Honolulu mayor Mufi Hannemann appointed Helen Hamada to the city’s police
commission in 2008 because, he told her, she wasn’t afraid to speak her mind.
In the years since, Hamada has reviewed hundreds of citizen complaints against
Honolulu police officers alleging everything from being rude during traffic stops to
using excessive force while making an arrest.
Hamada also was one of the commissioners
who in 2009 hired current Chief Louis Kealoha
after his predecessor, Boisse Correa, got into
several public spats with the rank and file over
his tough approach to disciplining officers and
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SEPTEMBER 24, 2015
http://www.civilbeat.com/2016/04/abumjobtrustinhonoluluspolicecommissioncrumbles/?utm_medium=email&utm_source=users&utm_campaign=mor…
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scheduling their work hours.
She says that Kealoha was a welcome change
for the department, and was popular among his
peers. He also had an ambitious strategic plan
to improve the department’s standing in the
community with a mission based on integrity,
fairness and respect.
But now, Hamada says, her confidence in
Kealoha is waning.
Honolulu Police
Commission ‘Knows
Nothing’ About HPD
Chief Probe
OCTOBER 21, 2015
Honolulu Police
Commission Defers Chief
Kealoha Investigation
DECEMBER 17, 2014
In The Name Of The Law:
What The Police
Commission Isn’t Doing
About Misconduct
FEBRUARY 28, 2013
Kealoha and his wife, Katherine, who is a highranking deputy city prosecutor, are currently under federal investigation for alleged
corruption and abuse of power stemming from a strange family dispute that involves
the theft of their mailbox.
“If I could bury myself in a
turtle shell and walk around
with it on I certainly would,
because I really can’t give an
answer that would satisfy the
public.” — Police Commission
Member Helen Hamada
In the past few years, there have
been numerous scandals involving
Honolulu police officers, some of
whom have been accused of
heinous crimes, including sex
assault, kidnapping and violence
against women.
Hamada says people in the
community are asking her what the
police commission is doing to address the problem, especially as it relates to the chief.
But she says commissioners can’t do much, because the city charter doesn’t give them
the authority to suspend Kealoha or force him to step aside while the criminal probe is
pending.
The FBI has refused to provide the commission with any information. And Hamada said
it’s not fair to fire Kealoha based solely on the allegations that have been reported in
the media.
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“That part is frustrating because the public perception is that we’re not doing anything,”
Hamada said. “If I could bury myself in a turtle shell and walk around with it on I
certainly would, because I really can’t give an answer that would satisfy the public.”
Hamada is the first police commissioner to publicly express concerns about Kealoha
and the effect it’s having on the credibility of the commission to perform its oversight
duties. She said she feels the public’s trust eroding, and worries that it will soon
undermine the entire department.
“Until more information comes out we just have to support him,” Hamada said. “What
else can we say really?”
Time For A Shake-Up
Hamada’s tone is quite different than what the commission has said through its
chairman, Ron Taketa. As the commission’s spokesman, Taketa has been defensive
about the commission’s response — or lack thereof — to the FBI’s investigation of
Kealoha and his wife.
Taketa declined to be interviewed for this story; but he has said on several occasions
that he believes the police commission is doing a good job providing civilian oversight
of HPD. He often blames the press for creating a false impression with the public.
In fact, when the commission announced last month that Kealoha was “exceeding
expectations” in his annual performance review, Taketa said commissioners were
confident in the chief’s ability to lead the department.
Cory Lum/Civil Beat
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Helen Hamada says she would like to be reappointed to the Honolulu Police Commission despite
eroding public trust.
The announcement even stated that Kealoha was successful in managing HPD and
maintaining public safety “despite concerns to the contrary expressed through the
media during 2015.”
But now Taketa and Hamada’s terms on the commission are up. They’re two of three
commissioners who could be replaced by Honolulu Mayor Kirk Caldwell. The other is
Commissioner Max Sword, whose term expired at the end of 2015. Commissioners can
remain on the board after their term ends, if a replacement hasn’t been appointed.
And while there’s a push to give the commission more authority through voterapproved charter amendments, some say the mayor could immediately rebuild public
trust through new appointments to the commission. The Honolulu Charter Commission wants to put a proposal on the November ballot that
would make it easier for the police commission to fire or suspend the chief. If approved,
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the proposal also would give the commission subpoena powers, potentially
strengthening investigations into officer misconduct.
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“As you know, the mayor
believes ensuring public safety
is one of his greatest
responsibilities as chief
executive of the City and
County of Honolulu, and he
wants to be sure any new
commission member shares
this vision.” — Andrew Pereira,
mayoral spokesman
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But the charter commission didn’t
address the makeup of the police
commission itself, despite concerns
that the current rules don’t set solid
qualifications to serve and that
some commissioners — in particular
Taketa — have remained members
of the oversight entity for many
years.
Caldwell has the opportunity to
shake up the commission if he
chooses. City records show that
Taketa’s and Sword’s terms expired
at the end of 2015, and that Hamada’s expired in 2014. They are now serving until
Caldwell makes a decision to reappoint them or find new candidates.
The mayor was unavailable for comment last week as he was out of the country on a
family vacation; but his spokesman, Andrew Pereira, said in an emailed statement that
Caldwell is well aware of the need to fill the positions and is currently weighing his
options.
“It’s a matter of the mayor finding candidates with the qualities and credentials to be
good stewards of the Honolulu Police Department, while also possessing a good
understanding of the trust that must exist between the public and HPD,” Pereira said.
“As you know, the mayor believes ensuring public safety is one of his greatest
responsibilities as chief executive of the City and County of Honolulu, and he wants to
be sure any new commission member shares this vision.”
Pereira added that there is no specific timeline for when Caldwell will announce his
appointments to the Police Commission. Whoever he picks still must be vetted and
approved by the Honolulu City Council, which has a history of unanimously signing off
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on mayoral selections.
Caldwell already reappointed
Commissioner Marc Tilker to
another five-year term in 2013. If
the mayor is reelected, he will
have the chance to replace the
remaining three commissioners,
Cha Thompson, Eddie Flores Jr.
and Luella Costales, before
leaving office.
A ‘Public Farce’
Cory Lum/Civil Beat
Honolulu Police Chief Louis Kealoha has been quiet ever
since the FBI began investigating him for possible abuse
of power.
Former police Chief Boisse
Correa says Caldwell’s decision can’t come soon enough. Correa believes the entire
commission should be replaced.
“The police commission is doing a bum job,” he said. “I don’t know what they’re doing.
In my view the police commission is the only oversight for the city of the police chief,
and that oversight is a very important responsibility.”
Correa said the commission and its members deserve all the criticism that has come
their way from citizens and lawmakers, such as Senate Vice President Will Espero, who
has been a vocal advocate for police reform. The commissioners could take a heavierhanded approach with Kealoha, Correa said, but they simply refuse to do so.
e Commission
a civilian
ade up of
mmunity
d by the
Even if they feel like they can’t fire or discipline the chief due to limitations in
the city charter — a constant refrain from the commission — Correa said they
could use their bully pulpit and take other administrative measures to
pressure Kealoha to shape up.
“The Police Commission has all the authority it needs to do its job,” Correa
said. “You can’t blame the law. They have the authority and the clout to do
whatever they need to do to resolve situations involving the chief. But if they
don’t take action, or they become politically bogged down, then you have
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estigate citizen
r misconduct
police chief is
rtment in a
fficient manner.
pose discipline
rs, they can
for what is
charter as
ration.”
e overseeing
udget and
ards and
mmission also
proving
or legal
the situation you have today.”
Honolulu attorney Eric Seitz agrees. Seitz has filed dozens of lawsuits
against the police department over the years, and has notched numerous
victories for victims of police abuse. He’s now seeking $6 million from the
city for the death of Sheldon Haleck, who was killed by police in March 2015.
Seitz calls the Honolulu Police Commission a “public farce,” and says it
should be abolished altogether. Most of the commission’s proceedings take
place behind closed doors, he said, which makes it impossible for the public
to understand why it makes decisions or whether those decisions are fair.
As a result, Seitz says, the commission has evolved into a rubber stamp for
the department, and does little to hold officers accountable to the public. He
even tells his clients to avoid taking cases to the commission because it will
only lead to frustration and disappointment.
“I consider the police commission to be a worthless exercise,” Seitz said. “I
have won and settled cases in which they have found no actionable
misconduct.”
The fact that the seven members of the commission are mayoral appointees further
distances them from the citizens they’re supposed to represent, he said. They’re mostly
well-connected business owners and labor leaders, several of whom have served on
other government commissions and boards in the past.
Cory Lum/Civil Beat
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Police Commission Chairman Ron Taketa has been a vigorous defender of the Honolulu Police
Department and Police Chief Louis Kealoha.
For instance, Taketa is the head of the Hawaii Carpenters Union, which is one of the
largest labor groups in the state. It’s also highly political. The union has strong ties to
the Pacific Resource Partnership, which operated the super PAC largely credited for
catapulting Honolulu Mayor Kirk Caldwell into office.
Seitz said his view is that a police commission appointment is little more than a resumebuilder for someone seeking more clout within the existing political establishment.
“I have rarely been of the opinion that the Police Commission is well constituted to
independently review and rein in the police department,” Setiz said. “They don’t come
from those segments in the community who have the experience or knowledge of what
the police do and how they’re viewed.”
All About The People
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Civilian oversight of police departments varies dramatically between jurisdictions. Some
have more authority to investigate misconduct by individual officers, while others take a
system-wide approach by appointing an internal auditor to make sure there are checks
and balances in place to catch bad officers and poor practices.
The Police Assessment Resource Center in Los Angeles released a report in 2005 that
compared police oversight agencies across the country as part of a study
commissioned by the city of Eugene, Oregon. The report found that every jurisdiction
has its pluses and minuses, and that the authority to hire and fire a chief is a particular
powerful mechanism of oversight.
But the report also noted that the strength of an organization alone does not guarantee
effective oversight. Success is only found through the right combination of power,
leadership and staffing that addresses both police and community concerns.
“We know in the world there
will always be individuals who
will do things that are bad. We
can’t control all of these
people all the time so what
you try to do is develop
systems so that the bad things
don’t happen all the time.”–
Cristina Beamud, Executive
Director, Civilian Investigative
Panel
Cristina Beamud was Eugene’s
police auditor from 2006 to 2008.
She’s also served as the director of
the National Association for Civilian
Oversight of Law Enforcement.
Today Beamud is the executive
director of the Civilian Investigative
Panel in Miami, Florida, which
oversees a department of about
1,200 officers.
She says that even with her many
years of policing the police she still
doesn’t know what a perfect
oversight model looks like.
“That’s the millions dollar question, isn’t it?” Beamud said. “We know in the world there
will always be individuals who will do things that are bad. We can’t control all of these
people all the time so what you try to do is develop systems so that the bad things don’t
happen all the time.”
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She said communities should pinpoint what’s causing a poor relations between the
police and the community before settling on a particular model or area of reform. For
example, is there tension between the police and minorities because of unfair policing
practices? Or are the concerns with how the department investigates misconduct and
disciplines officers?
While there’s no pure form of oversight, Beamud said it’s highly important to pick the
right people to serve on a police commission to ensure that it enjoys public credibility.
Diversity is important, she said, and it can be achieved in a number of ways, including
opening up the selection process to more than one person. Some jurisdictions allow
each city council member to appoint a commissioner, while others have a selection
committee interview candidates to ensure they have the skills required to do the job.
“The selection process is crucial
when you want a board that is
representative of the
community,” Beamud said. “You
want a group or a body that is
reflective of different points of
view. You don’t want people to
be in agreement all the time
because when people deliberate
they make better decisions.”
Cory Lum/Civil Beat
Critics are looking to Honolulu Mayor Kirk Caldwell to
overhaul the Police Commission.
Correa says he has long
advocated taking the sole
appointment power away from the mayor. It makes the process inherently political,
especially if a mayor is elected to back-to-back terms. Such a scenario lets one person
control the entire commission, he said.
Instead, Correa wants there to be a discussion about letting a cross section of the
community have a say in who oversees the police. Until then, he said it’s up to Caldwell
to restore the public’s trust.
“He needs to appoint three new people, and quickly,” Correa said. “And he needs to
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appoint people with integrity.”
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Beat’s free daily newsletter.
About the Author
CIVIL BEAT STAFF
Nick Grube
  
Nick Grube is a reporter for Civil Beat. You can reach him by email at
[email protected] or follow him on Twitter at @nickgrube.
Use the RSS feed to subscribe to Nick Grube's posts today
10 Comments
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Charles Henning
I challenge the mayor to pick three people he isn't beholden to.
Like · Reply · 1 · Apr 11, 2016 6:23am
James Petersen · Works at Administrator Emeritus
Right. What is the probability, in an elecetion year, that the mayor would publicly snub
the head of the Carpenter's Union?
Like · Reply · 1 · Apr 11, 2016 2:12pm
Patricia Blair · University of NebraskaLincoln
Great article, Nick.
Like · Reply · 1 · Apr 11, 2016 9:36am
Ann S. Freed · Rep to State Central Committee at Hawaii Democratic Women's Caucus
Good Job Nick. Eric Sietz's comments are particularly revealing. I think that giving the mayor
the authority to fire a police chief would be a good start. The council should take another look
at that. I don't think that giving the Commission more authority is doing anything. Given their
past negligent attitude towards police misconduct with respect to violent crimes against
women, some of those crimes committed by police officers, I have no confidence that they
would be better with more power. Yes abolish the commission. Create and empower a civilian
review board, half elected and half appointed. That might make the situation better and restore
faith in HPD.
4/18/2016
Like · Reply · Apr 11, 2016 2:03pm
David DeLeon · Government Affairs Director at REALTORS (R) Association of Maui, Inc.
(Official)
Note to the Honolulu Charter Commission: part of the problem is that the Charter allows
reappointments. The longer the commissioner remains associated with the commission, the
more married they become to the role and are disenclined to rock the boat. So limit fullterm
appointments to one term. Maui County's Charter does that for all commission positions.
Andy Parx
Nick Isn't there a case awaiting ICA disposition regarding the ambiguities in the Honolulu
charter regarding disciplining of the chief? What is the status of that case? (We have very
similar ambiguities in our Kauaì charter and have the same kind of problems regarding the
conflict between mayoral and commission authority to discipline... as a matter of fact it may be
our case).
Bill D'Mare · New York, New York
I say it's time to bring in the feds and one big HPD enema. Flush the whole system.
Like · Reply · 1 · Apr 11, 2016 6:14pm
Niko Ihara
The only recourse left for "unconnected" people is to vote against any candidate touted by Ron
and his brother Kirk.
Jeff Hino · Honolulu, Hawaii
What are these people being paid for?
Like · Reply · Apr 12, 2016 10:13am
Renee Coester
Caldwell wants to be reelected, so do not expect any action till after he is back in his seat. God
forbid!!!!
Juliet Begley · Occidental College
Agreed......it's time for the Feds to come in and clean this mess up........
Like · Reply · Apr 17, 2016 3:15am
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4/18/2016
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`A Bum Job:` Trust In Honolulu`s Police

Transcription

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