Bill establishing law enforcement board passes without Ige’s signature

A bill requiring the creation of a statewide law enforcement standards and training board has become law after Gov. David Ige on Tuesday reversed course and decided not to veto it. The measure, which was opposed by the county police departments, aims to create greater oversight over law enforcement and achieve more uniformity when it comes to standards and training.

Hawaii is the only state in the country not to have such a board. Under Hawaii’s law the Law Enforcement Standards Board will have the power to certify and decertify law enforcement officers at both the state and county levels.

Advocates of the new law say that such a board can prevent officers who have been disciplined for serious misbehavior, or even fired, from being hired by another law enforcement agency.

Such was the case with Ethan Ferguson, a former Department of Land and Natural Resources officer who was sentenced to 10 years in prison in 2016 for sexually assaulting a 16-year-old girl. Ferguson had caught her smoking marijuana on a Hilo beach. The girl testified that Ferguson led her to a secluded area and told her that she could give him “money, sex or drugs” to avoid arrest. Ferguson had been fired for misconduct by the Honolulu Police Department, but that didn’t stop DLNR from hiring him in 2013 as an officer within its Division of Conservation and Resources Enforcement.

Former state Sen. Will Espero, who has advocated for the law, said the new board could have prevented Ferguson from being rehired in law enforcement by stripping his certification.

If implemented properly, Espero said, “you don’t have the possible rogue officers or suspect officers going from one agency to another.”

The 15-member board also will be tasked with creating minimum standards for becoming a law enforcement officer, criteria for denying certification and curriculum requirements. The board will have the power to investigate officers, including the power to subpoena people and records, and take depositions.

“The intention is to make certain every individual that carries a gun or has a badge and arresting powers, that they have these minimal qualifications and standards, and it doesn’t matter if they are county police or deputy sheriffs,” said Espero. “The public will know that it is not piecemeal, which it is now.”

Last month Ige said he intended to veto the bill, along with 10 others that passed the Legislature this year, noting that none of the county police chiefs saw what value the statewide board would add to the work they were doing.

But Ige said during a press conference Tuesday that despite ongoing concerns about the bill, he supported its intent and was allowing it to become law without his signature.

Ige said he didn’t think that the Law Enforcement Standards Board was sufficiently funded, and questioned whether the timeline for implementing it was realistic. He also said that there are implementation issues and that it’s not clear how the statewide commission will interact with the county police commissions and what responsibilities each will have.

“But my primary reason for letting it become law is I do recognize that our community deserves to have the highest-quality law enforcement, and that statewide board is intended to help achieve that,” said Ige.

The board is to be comprised of five state department heads, the four county police chiefs and two law enforcement officers and four members of the public who are appointed by the governor.

The board must finalize its standards and certification processes by July 2019. The Legislature appropriated $100,000 for the 2019 fiscal year to assist with enacting the legislation.

The governor Tuesday also reversed course on a bill that could allow motorcyclists to drive on the shoulder of state roads. Ige initially intended to veto the bill, saying it was too dangerous, but decided to let it become law without his signature. He said he was satisfied that the state Department of Transportation has ultimate discretion in deciding whether it will be safe on any specific roadways.