Five Hawaii County police officers were fired and 21 others suspended without pay in 2021, according to the Hawaii Police Department’s annual disciplinary report to the state Legislature.
Two of the discharged officers were released for alleged violent crimes: one for sexual assault and the other for robbery, among other criminal acts. A third officer was fired for theft related to not complying with department policy for gasoline, oil and mileage records.
The case of the officer accused of sexual assault remains in arbitration while grievance actions are still pending in the other two cases. Prosecutors were notified in all three cases; criminal charges have been filed in one.
Meanwhile, a fourth officer was fired in 2021 for not complying with department policy for motor vehicle pursuit and use of force while a fifth officer was terminated for not being within policy for displaying a firearm. Grievance actions are still pending in each case. Prosecutors were not notified in either case.
The discharged officers had between two and 13 years tenure at the time of dismissal, according to Hawaii Police Department Chief Paul Ferreira. All of the cases stem from 2020 with the incidents taking place in South Kohala, Kona and South Hilo.
Police departments throughout the state are required to submit annual reports to the Legislature describing suspensions and terminations for the prior year. Officers who break the rules are counseled or receive additional training or reprimands before the department resorts to suspensions.
The 2021 disciplinary report compares to 2020 when two officers were fired and seven others were suspended without pay. The 2021 report, however, includes infractions from 2020 in which investigations and the convening of the Administrative Review Board did not occur until 2021.
In 2019, five officers were terminated and seven suspended for disciplinary reasons, and in 2018 three officers were fired and two others suspended.
The Hawaii Police Department has more than 430 sworn personnel.
“Like everything else, these incidents fluctuate, however, with that said, some of these infractions were brought to light because of the implementation of our Body Worn Camera Program that was fully activated in December 2020. Additionally, some of these infractions involve multiple officers involved in a single incident,” said Ferreira.
One of the 21 officers receiving unpaid suspension in 2021 totaled 45 days while three others were ordered off 20 days. Another officer was given 15 days suspension without pay and the remainder received anywhere from one to nine days suspension without pay.
The officer receiving 45 days suspension violated policy for transporting detainees, mistreating a person in police custody and using malicious physical force. A grievance action is still pending in the case.
The 20-day unpaid suspensions were rendered against officers in three separate cases: one for not meeting policy for motor vehicle pursuit, another for use of force and the third for numerous failures to meet policy for report writing and investigative procedures. Grievance actions are still pending in each of those cases.
The shorter suspensions were given for not being within department policy for a host of reasons including: not meeting evidence and investigative procedures; failing to initiate a criminal report; not conducting a proper investigation; failing to follow orders and meet professional standards and responsibilities; mistreating a person in custody; not intervening; bringing the department into disrepute; and misusing funds.
This year marks the second year that disciplined officers’ names must be included per state law, so long as the grievance process has concluded. The names of officers in the other cases that remain in arbitration or grievance is pending remain confidential until the process is final.
The 2021 report contained 10 cases that were final; none of them were among those discharged. A total of eight officers were named; with two officers each having two separate cases.
The named officers were suspended for not being within department policy for: evidence procedures, preliminary investigative procedures, investigative procedures, report writing procedures, professional standards and responsibilities, and good order and discipline, as well as for failure to failure to follow orders, falsifying records (entering an incorrect time or date) and bringing the department into disrepute.
West Hawaii Today is naming officers suspended for more serious issues only. In 2021, those officers were Paul Nagata for not being within use of force policy and Reynold Kahalewai for misuse of funds.
Ferreira said the misuse of force was related to failing to document the use an arrest control technique in applying handcuffs during an arrest. The misuse of funds stemmed from inappropriately using funds in an account to cover expenditures which was not covered by the account used. He said all funds were accounted for and there was no theft.
The 2020 report contained just two cases that were final; both officers violated report writing and/or evidence procedures.
While five officers were discharged in 2021, three for committing alleged crimes, Ferreira said the community can still trust the island’s law enforcers.
“This report clearly shows that the department takes the managing of the department personnel very seriously and will dispense discipline when appropriate to include terminations,” said Ferreira.
Regarding the message of officers facing allegations of sex assault, robbery and theft, Ferreira said: “The message that regardless of how in-depth our screening processes are and how regulated our agency is, police officers are human beings and there will be lapses in judgement and/or alleged acts of undesirable behavior. The flip side to the message is that when these acts occur the department does take appropriate actions.”