It took about a year of arguing with the Hawaii Department of Land and Natural Resources, but we finally got our hands on Ethan Ferguson鈥檚 job application.
Like many of our protracted fights with government officials over public records, what we eventually received from DLNR was both underwhelming and concerning.
Ferguson is the DLNR officer accused of sexually assaulting a teenager on the Big Island. The state had hired him despite the fact he had been fired from the Honolulu Police Department for questionable conduct with a teenage runaway.
Civil Beat asked the DLNR for Ferguson鈥檚 job application Jan. 12, shortly after he was arrested by Hawaii County police.
We wanted to know what Ferguson told DLNR about his termination from HPD as well as find out anything we could about why the state agency would give him a second chance as a law enforcement officer.
The state initially didn鈥檛 want to release Ferguson鈥檚 job application.
Not So Public
Not So Public聽is an occasional series that looks at the problems associated with obtaining public records in Hawaii and the practices of specific agencies and officials. Feel free to share your own experiences with us at news@civilbeat.com. We hope it’s one way to make the process better for all of us.
The department didn鈥檛 officially respond until July 26, more than six months after we asked for the documents. The law requires that small requests for non-voluminous records 鈥 such as this 鈥 be fulfilled within a month.
The DLNR denied the request in full,聽saying that releasing Ferguson’s application would infringe on his privacy rights and frustrate a legitimate government function 鈥 the latter reason being one that is frequently criticized as the most overused and abused exemption in the state鈥檚 public record law.
Brian Black of the helped us push back, and after months of back-and-forth communications, the state relented 鈥 sort of.
What was provided was far less than what we sought.聽Much of Ferguson鈥檚 application was redacted, including seemingly innocuous details such as whether he had a valid driver鈥檚 license or could speak a foreign language.
More salient facts were omitted too, including much of his prior work history and whether he had been convicted of a crime or been caught trying to forcefully overthrow a government.
鈥淚鈥檓 at a loss to try to explain it,鈥 Black said.
The state鈥檚 public records law that much of this information related to previous work experience and training is required to be released.
鈥淭he whole point of making those mandatory disclosures, in part, is so that people know who the government is giving jobs to,鈥 Black said. 鈥淎re they qualified? Are we employing the right people for the right jobs?鈥
One of the only items that wasn鈥檛 redacted was Ferguson鈥檚 handwritten explanation for his termination from HPD: 鈥淒ismissed for false accusations of a female complaint. Case dropped. No further investigation.鈥
That鈥檚 a much different story than the one provided by HPD, although the police department says it already destroyed Ferguson鈥檚 disciplinary file.
All that鈥檚 publicly known about Ferguson鈥檚 discharge comes from two sentences in an annual police misconduct report submitted to the Legislature in 2013:
Ferguson, who faces five counts of sexual assault in connection with the Big Island case after he was hired by the DLNR, is scheduled to stand trial in February.
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About the Author
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Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.