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The Honolulu Advertiser
Posted on: Wednesday, January 18, 2006

Report to Legislature shows low incidence of police misconduct

By Peter Boylan
Advertiser Staff Writer

Of 36 Honolulu police officers disciplined last year, five were dismissed for offenses that included assaulting a citizen, fleeing the scene of a car collision and filing false police reports in an attempt to cover up for another officer.

One of the dismissed officers had tested positive for crystal methamphetamine use. The other four were fired for lying during an internal affairs investigation, failing to render aid to an injured motorist, fleeing the scene of an accident, and "conspiring to commit crimes," according to the department.

The number of officers disciplined represents less than 2 percent of HPD's force, nearly 2,000 officers.

"The numbers speak for themselves," said Capt. Frank Fujii. department spokesman. He declined further comment.

The State of Hawai'i Organization of Police Officers would not discuss specific discipline cases, citing confidentiality laws. Police do not release details of the cases, and the identities of disciplined officers are kept confidential under state law and the counties' contract with the police union

Last year marked a slight increase in the number of officers disciplined, up from 33 officers in 2004. In 2003, 49 officers were disciplined, up from 40 in 2002. In 2001, 56 officers were disciplined, down from 63 in 2000. The statistics come from a report submitted each year to the Legislature.

Some of the suspensions and dismissals recorded last year may have stemmed from infractions as far back as five years. Police said the process of appealing a suspension, filing a grievance with the union, and the actual investigation of a case can take some time.

In one of the more serious cases, an officer was suspended for 20 days after driving drunk, hitting another car, fleeing the scene, and then reporting his car as stolen. Another officer was suspended 10 days for "discharging a firearm at a vehicle."

On Maui, two of nine officers disciplined last year were fired. There are roughly 300 officers with the Maui County Police Department.

The department dismissed two officers after they "physically assaulted a prisoner in custody," according to a disciplinary report.

"We're a living, vibrant organization of human beings and we're a macrocosm of a typical family unit with a unique mandate in a democracy," said Maui County Deputy Police Chief Kekuhaupio Akana. "I look at a report like this and I tell myself: 'Wow. Twenty-four-seven, 365, our training officers, 911 dispatchers, civilian employees, and police officers are serving thousands of calls every month and the rest of the time they are responding to the human condition at its very worst and yet we have so few serious disciplinary issues.' "

Kaua'i County, with about 90 officers, did not discipline a single officer in 2005, according to a letter sent to the state Senate President Robert Bunda from Kaua'i County police Chief K.C. Lum. Lum could not be reached for comment yesterday.

The department is the subject of an ongoing probe being conducted by agents with the Federal Bureau of Investigation. The FBI is looking into several issues at the department, including misbehavior by officers, but will not confirm or deny the existence of an ongoing investigation.

The Kaua'i Police Department has had three chiefs in four years and is facing a slew of lawsuits. Kaua'i County Council recently authorized its own investigation of the department focusing on financial management questions and leadership issues.

Four Hawai'i County police officers were dismissed last year out of 26 total disciplinary actions taken.

It is not clear, according to the report, how many officers were disciplined. The officers who lost their jobs were dismissed for offenses that included failing to comply with report writing procedures, threatening an individual with physical force, using their position to gain favors, and allowing a family member to operate a police vehicle while the officer was on duty. Chief Lawrence Mahuna could not be reached for comment.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.