Abraham Lincoln said “To test a man’s character, give him power.” This has nothing to do with the president though. It is about those who have just a little power, but do not use it wisely.
Anyone who has ever applied for a patent knows the perversity of the petty bureaucrat. Hypothetically, one can get a patent entirely without help, but the Patent Office requires drawings in a quaint style known nowhere else. The applicant must either learn that form of artistry or hire one of the few, thus expensive drafters who can satisfy the requirement. The grammar is similarly constrained. This is all dictated by an army of petty martinets know as Junior Patent Examiners. For a Junior to advance to Senior Patent Examiner he must be so nitpickingly thorough that there is nothing for the senior to do but rubber stamp. Thus, a patent application can be rejected many times for increasingly trivial defects. “This comma should be italicized.”
Building departments seem to operate the same way, but with more levels. Plans can be rejected upon submission for any triviality. Avoid doing the work by blaming the customer. The resubmitted plans can be rejected by the next level, multiple departments. Naturally, all this nitpicking makes new housing take longer and be less affordable. Once permits have been issued, work must stop periodically to wait for an inspection. Inspectors interpret the plans and codes according to an unwritten set of guidelines known to them and selected contractors. It is OJT for everyone else. It is not unusual for an inspector to insist on a change, then next visit reverse their decision and insist on a different requirement. An anonymous staff member can add a line to a bill for a code change that adds thousands to the cost of every new home, like e-glass on a tropical island.
Seinfeld had the Soup Nazi, Kealakekua had the Library Nazi, the library was peaceful and quiet, but nobody wanted to go there.
Almost anyone on the public payroll can abuse their power. Police can initiate an arrest for an imaginary offense. When the person objects, the officers can charge them for resisting arrest. In the chaos following the killing of George Floyd, we have seen lots of abuse of power, but also some police officers having the character to de-escalate the situation. A police chief who took off his riot gear, took a knee with the protesters to talk it out. A protester in Tulsa, Oklahoma, refused to move, officers ignored him leaving him alone and powerless. A park ranger at Valley Forge in Pennsylvania just repeated “Let’s de-escalate here” and escorted a citizen who was being threatened to safety.
San Diego had horrible traffic problems from the County Fair. Fair management achieved a huge improvement by replacing the traffic control police officers with private security. Police are trained and indoctrinated to enforce the law. Occasionally that would become priority and they would hold up thousands, to enforce insignificant law. The private traffic controllers were taught anger management and told, just keep it moving. They did not have authority to do anything else.
Over 90% of the people will do the right thing over 90% of the time. That is why setting the speed limit at the 85th percentile of natural traffic smooths the flow. There is a 15% chance of someone doing the wrong thing and that’s why we need police and building inspectors. Those in power do have discretion, like some officers above, they could have exercised the power of the badge and gun, but instead took the aloha path. Prosecutors have tremendous power they can see their mission as filling the jails, or doing justice. Filling jails is expensive. Chain gangs are no longer a viable way to maintain roads, if they ever were.
Shakespeare gave us “Temper justice with mercy.” In his day justice was decidedly one-sided. A person of high status accused by a person of low status and injustice was swift and viciously applied. In 400 years, we have learned to consider all the factors and aim for the greater good, or at least the least harm. Aloha.
Ken Obenski is a forensic engineer, now safety and freedom advocate in South Kona. Send feedback to obenskik@gmail.com
