Scottsdale, Arizona, police officer Alan Blume answered what should have been a routine call to investigate a domestic violence complaint. Instead, he lost his job and his right to be a police officer in Arizona.
The reason: Blume had sex with the alleged victim, and the state board that oversees police officers in Arizona decided that sort of conduct was grounds to revoke Blume’s police certification, essentially a license to be a police officer. The decertification also prevented Blume from simply moving to another police department in the state.
In Hawaii, there’s no such statewide safety net. Even if an officer is fired, there’s nothing to prevent the officer from moving to another department. Hawaii is the only state without a state standards and training board, although a few other states also don’t have licensing programs.
Former Hawaii cop Ethan Ferguson was fired from the Honolulu Police Department for inappropriate behavior involving a juvenile female runaway. He was later hired by the state Department of Land and Natural Resources enforcement arm but got into trouble again, this time accused of sexually assaulting a young woman he’d detained. Ferguson was recently convicted of sexual assault and sentenced to 10 years in prison. The victim has filed a lawsuit against the state.
But Hawaii’s situation could soon change. Lawmakers are聽considering聽 to establish a statewide standards board with a certification component.
And Hawaii’s board could well look a lot like Arizona’s, with the power to keep bad cops fired from one department from simply jumping to another.
has passed one committee and is scheduled for a hearing in House Finance on Thursday.
The bill makes some aspects of creating a statewide board clear. The new board would be required to adopt minimum standards for employment, including establishing a criminal justice training curriculum. The board also would come up with criteria needed to聽 certify an officer, or revoke the certification if warranted.
The bill also specifies some misconduct that would merit revoking a license. That includes omitting information on the officer鈥檚 employment application, interfering with a board investigation, or committing a felony, for example.
But similar to Arizona’s聽, Hawaii鈥檚 law would leave it up to the board to create many of the rules.
Topless Snapchats
Officer Blume鈥檚 case was one of eight the聽聽had on its agenda for its monthly meeting in October. The board consists of officials from half a dozen police and sheriff鈥檚 offices, two from the state corrections and public safety departments, an assistant attorney general and a university professor.
According to the agenda, the board spent the bulk of the two-hour 聽dealing with officer certifications — deciding whether to revoke officer certifications and whether to open new cases charging officers, the first step toward decertifying.
The criteria for discipline are spelled out in Arizona’s聽. The rules let the board decertify a police officer for offenses ranging from committing any felony to possessing weed or drinking alcohol on the job.
Catch-all provisions include anything considered malfeasance or 鈥渆ngaging in any conduct or pattern of conduct that tends to disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession.”
By the time cases get to the board, they鈥檝e already been investigated and been through a hearing before an administrative law judge, said Jack Lane, the Arizona POST board鈥檚 executive director.
The administrative judges issue findings of fact and conclusions, but the board has the discretion to 鈥渓ook at the totality of the circumstances鈥 when deciding what action to take, Lane said.
Still, Lane noted that the board also follows precedent, so if something has come up before, the board has an established way of dealing with it.
鈥淚f you were intoxicated while on duty, you鈥檙e going to lose your certification,鈥 Lane said.
One case the board reviewed in October involved Jaime Guerrero, an Arizona state trooper. Guerrero had been caught by his wife on his hands and knees holding his phone under the bathroom door to videotape his 14-year-old stepdaughter while she showered. His wife called the police, whose investigation found Guerrero had been secretly taking photos and videos of the girl in the bathroom and her bedroom for months. The board decertified Guerrero.
In another case, Aaron Tarter, a recruit, was denied certification from the beginning. Tarter had been in a training session where recruits were advised that police throughout the country were being scrutinized for shooting unarmed black suspects.
Tarter responded by asking 鈥淗ow else were officers to have target practice?鈥 the board’s compliance manager reported.
The board decided not to let Tarter become a police officer.
Blume, the Scottsdale officer, hadn’t done anything illegal; there were no allegations of sexual harassment or assault. And there鈥檚 no administrative rule specifically saying Arizona cops can鈥檛 have sex with crime victims while on duty.
But Lane said the charge falls under the rules against malfeasance and unbecoming conduct. In the end, Blume lost his right to be a cop in Arizona.
Much Will Depend on Administrative Rules
Roger Goldman,聽a professor at the St. Louis University School of Law who studies police standards boards, says Hawaii’s proposed legislation is a start. But he points to a number of shortcomings.
鈥淲e really don鈥檛 know what it鈥檚 going to look like鈥 until gaps are filled in, either in the bill itself or rules, which the board would adopt later, Goldman said.
And he has major concerns about certain provisions in Hawaii鈥檚 bill.
鈥淚f they pass this, they鈥檙e no longer trailing the pack.鈥 — Roger Goldman, police standards board expert
Goldman questions one of the bill鈥檚 provisions in particular. Although the measure says the board may revoke the certification of convicted felons, it carves out an exception if the felony was committed before the officer was hired and disclosed before the hiring. In that case, the board could decertify the officer only with permission of the department that hired the officer, as the bill stands now.
Goldman says it makes no sense to let felons serve as police officers. For one thing, Hawaii felons from carrying firearms, so a felon couldn鈥檛 really serve as a full-fledged officer. Likewise, federal law imposes the same prohibition on people convicted of , Goldman points out.
Still, Goldman agreed that Hawaii鈥檚 bill would put the Aloha State ahead of states like California and Massachusetts in terms of police accountability.
鈥淚f they pass this, they鈥檙e no longer trailing the pack,鈥 he said.
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About the Author
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Stewart Yerton is the senior business writer for 天美视频. You can reach him at syerton@civilbeat.org.