Hawaii legislators are considering passing a bill that would mandate the inclusion of police misconduct cases in a national database.
House Bill 1611, currently under scrutiny by the Legislature, aims to establish a system that could potentially prevent “bad cops” from being rehired by other law enforcement agencies.
The measure, officials argue, would enhance accountability and prevent instances of police misconduct from happening in the future.
However, legislators say the proposed legislation hinges on the effective functioning of the Hawaii Law Enforcement Standards Board, which was inaugurated in 2018.
This board is tasked with setting standards for both state and local law enforcement officers and facilitating a process for decertification if necessary.
However, despite being operational for five years, the board has faced setbacks due to insufficient funding and staffing shortages.
HB 1611 also necessitates the consultation of the National Decertification Index (NDI) by local departments before making hiring decisions.
This database tracks officers who have been fired or decertified for misconduct, providing crucial information for background checks.
Currently, the NDI has been adopted by over 11,000 background investigators and department recruiters for pre-employment screening.
While the use of the database is not mandatory in all states, Executive Director Mike Becar said it received around 15 inquiries per day.
Becar, who added that the database is free to use, assured that it was not a “blacklist.”
The impetus for this legislation stems from cases like that of former Honolulu Police Department officer Ethan Ferguson, who was dismissed from the department in 2012 and later hired by the state Department of Land and Natural Resources.
Ferguson was subsequently convicted of sexual assault while on duty in 2016.
Representative David Tarnas, chair of the Judiciary and Hawaiian Affairs Committee and a sponsor of HB 1611, discussed the bill’s aim to enable informed hiring decisions by local agencies facing recruitment challenges.
However, Tarnas acknowledged that the timeline for implementing the law might need adjustment due to delays in the Law Enforcement Standards Board’s progress.
Notably, the bill has faced opposition from various quarters, including the State of Hawaii Department of Law Enforcement, the Honolulu Police Department and the statewide police union.
Concerns have also been raised regarding elements of the bill, including provisions related to minor drug convictions.
Proponents of the bill argue that a national database of police misconduct is essential to prevent “wandering officers” from being rehired after misconduct.
Supporters of the bill also call for a robust decertification process to permanently strip officers of their police powers.
Critics, however, highlight potential flaws with the NDI, such as incomplete reporting and variations in reporting thresholds across states.
They further argue that these discrepancies could undermine the effectiveness of the database in preventing misconduct.
As the Legislature deliberates on HB 1611, stakeholders are urging for comprehensive measures to address police misconduct while ensuring effective recruitment and retention strategies in local departments.
Amidst ongoing staffing shortages in law enforcement agencies, experts caution against hastily passing legislation that could compromise standards.
“However, the staffing crisis should not be exploited as a reason to pass poorly crafted legislation with no connection to recruitment or retention. Anyone truly wanting to address the staffing crisis should work proactively with law enforcement organizations to ensure the policies are both relevant and effective,” said Robert Cavaco, President of the State of Hawaii Organization of Police Officers.
If HB 1611 is enacted, Hawaii would join a growing number of states where the use of a national database for police misconduct is mandatory.
