Think of the most secretive arm of the government and the most vulnerable high-stakes targets in the world.
If you skipped past the Secret Service, the CIA and the NSA to picture the Hawaii鈥檚 鈥 including the security guards at the Capitol in Honolulu who protect Gov. David Ige and other luminaries — then your level of paranoia aligns perfectly with that of the state鈥檚 Department of Public Safety.
Since former听 on April 7 that high-level deputies in the state鈥檚 Sheriff Division lacked proper training and potentially have been bungling cases for decades, and I have been trying听to find out the names of these people that Kerr incriminated.
If Kerr鈥檚 reporting is correct, then these deputies should be held publicly accountable; if Kerr鈥檚 reporting is incorrect, then HNN听should retract the story and be held publicly accountable.
The Sheriff Division is standing in the way of resolution, and so was Kerr (who has since left the station for a job with the state teachers union), with his method of reporting. That is because 鈥 contrary to the 鈥 prescriptions about anonymity 鈥 Kerr used specific job descriptions instead of names to identify three of these high-ranking deputies in question. He labeled them only as: 鈥渢he state’s first deputy sheriff, the no. 2 person who is in charge of more than 300 deputies statewide,鈥 鈥渢he deputy sheriff in charge of the governor’s security detail鈥 and 鈥渢he deputy sheriff who oversees sheriffs鈥 patrols at the state Capitol.鈥
Until those names are released, such reporting serves no one except Kerr, allowing him to have his 鈥渆虫肠濒耻蝉颈惫别鈥 scoop but not really pin it on anyone in particular or allow for anyone else to check his work.
Kerr鈥檚 level of specificity, though, did allow us to identify equivalent law-enforcement officers at The White House, working under the Department of Homeland Security, protecting President Barack Obama. So, to compare responses, both , the Civil Beat law center’s president and executive director, and I submitted public records requests around the same time.
More Secret Than The Secret Service
On April 22, Black submitted a request to the U.S. Secret Service asking for the name of the 鈥渃urrent division chief or agent in charge of the ,鈥 which provides security for the White House complex, the vice president鈥檚 Naval Observatory residence, the Treasury Department building and for foreign diplomats in Washington, D.C. He also asked for the name of the 鈥渃urrent division chief or agent in charge of the ,鈥 which guards the president and vice president of the United States and their families, former presidents, foreign heads of state and major presidential and vice presidential candidates.
On June 8, 47 days later, at no charge, Black received the names: Kevin Simpson (Chief, Uniformed Division) and Michael White (Special Agent in Charge, Presidential Protective Division).
I started more than a week earlier, on April 14, trying to find out who the Hawaii equivalents are and now, 67 days into this, I have received two rejections from the Department of Public Safety. The second of those came through an appeal to听the Office of Information Practices, with the department declining to release the names on the specious argument that these deputies are 鈥渨orking in an undercover capacity鈥 and that doing so would be a 鈥渇rustration of a legitimate government function.”
This has become a popular catch-all argument for local government officials who don’t want to release public information but don’t have a valid听reason to say no. It鈥檚 a comical application, in this case and in many others, because the only 鈥渇rustration of a legitimate government function鈥 that really happens is that members of the public aren’t allowed to examine documents they are legally entitled to see. That is very frustrating!
The Public Right To Know
On the most fundamental level, we pay taxes to support public services, including law enforcement. So we have the right to see how and where our money is being spent on those services. In other words, we pay for the police, like any other service, and almost all of the records created and maintained by the police should be open to us stakeholders, who care about our community鈥檚 policing efforts.
There are exceptions, of course, such as听not disclosing when and where a raid is going to happen. But, for the most part, police business should be open business. We are, you know, giving people guns and the authority to kill others in the name of public safety.
The people of Hawaii understand this need for openness well and support it. That’s why we communally passed the 听to broadly open state and county government records. It’s also why we maintain an to field complaints and make appeals about public agencies that contradict those open-records principles.
In turn, you might think that since we pay all government employees through our taxes, we also have the right to know who works in the government and what exactly they do for this pay. That is common sense. It’s also the law, , which specifically requires the Department of Public Safety to provide employee names, job titles, job descriptions, etc.
After public safety officials declined to release that most basic information (of who does what), we appealed the denial. The department first delayed its听response, saying that the employee who should听respond would be 鈥渙ut of the office鈥 until June. Then, when the second denial arrived, Shelley Nobriga, DPS鈥檚 litigation coordination officer, added the 鈥渦ndercover鈥 capacity argument.
It seems implausible that these managers of many deputies in public spaces might suddenly throw on their disguises and go 鈥渦ndercover.鈥 And the argument that they are so special and privileged that their identities should be cloaked even more than the people doing similar jobs in Washington, D.C., guarding the president of the most powerful country on the planet and foreign heads of state, is milk-out-of-the-nose laughable.
Digging A Hole Of Secrecy
So what鈥檚 really going on here? By all appearances, somebody has something to hide and the more the Department of Public Safety tries to keep these names out of the public sphere, the guiltier it looks and the worse it reflects on the police force and the department overseeing it, led by (who declined to return my calls).
Police in this state suffer from a negative public perception already for many reasons. Digging themselves deeper into a hole of secrecy is not going to change that.
The good and high-quality police officers in this state 鈥 and I know there are many 鈥 simply need to start by acknowledging who is responsible for what and being accountable to themselves and the public. Opening up the system for greater public scrutiny is a path toward weeding out the problems and regaining public trust.
Kauai Police Chief Darryl Perry听understands this. He (against union objections). Newly nominated Honolulu Police Commission candidate Loretta Sheehan gets it, too. She stated as core to her appointment the idea that 鈥it would really serve the Police Department to be more transparent.鈥 State Sen. Will Espero understands it as well; he tried to get the state to create a database of bad cops, so听those who had been fired or forced to resign because of misconduct could be blocked from showing up again in different Hawaii communities. But his efforts inexplicably were scuttled by other lawmakers.
The听鈥渇rustration鈥 exemption has become a popular catch-all argument for local government officials who don’t want to release public information but don’t have a valid听reason to say no.
Now that this Sheriff Division issue has been raised, the people of Hawaii deserve to know whether the leaders of the division have been handling cases appropriately or the journalist, Kerr, was听making false claims about them.
This cannot remain unresolved without both journalists and police losing credibility in the community. So that鈥檚 where other journalists need to participate and follow this story. That鈥檚 where Sheriff Division leaders need to open up and be transparent with us.
Even finding the name of the sheriff on the department鈥檚 web site is a chore; searching the term 鈥渟heriff鈥 actually identifies the since-demoted officer Robin Nagamine as 鈥渘ew鈥 in 2013. Using Google, though, I was able to identify that an even newer sheriff had been appointed, Renee Sonobe Hong, and that her first deputy, the one identified by Kerr as 鈥渢he no. 2 person who is in charge of more than 300 deputies statewide,鈥 is Al Cummings.
We鈥檙e still waiting to learn who these other two officers are 鈥 鈥渢he deputy sheriff in charge of the governor’s security detail鈥 and 鈥渢he deputy sheriff who oversees sheriffs鈥 patrols at the state Capitol鈥 鈥 to try to determine whether Kerr is right or these officers deserve an apology. If you can locate that information (and are willing to share your process for finding it), please post it to the comments here, and I鈥檒l give you some 听credit in a future column.
In the meantime, we鈥檒l keep trying to get this information into the hands of who it belongs to 鈥 or should belong to: you.
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About the Author
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Brett Oppegaard has a doctorate degree in technical communication and rhetoric. He studies journalism and media forms as an associate professor at the University of Hawaii Manoa, in the School of Communications. He also has worked for many years in the journalism industry. Comment below or email Brett at brett.oppegaard@gmail.com.
Reader Rep is a media criticism and commentary column that is independent from Civil Beat鈥檚 editorial staff and does not necessarily reflect the views or opinions of Civil Beat.