Honolulu Police Department acknowledges excessive overtime

Honolulu Police Chief Susan Ballard said Monday that HPD takes responsibility for actions by officers who violated the department’s overtime policy, and she confirmed that multiple investigations are taking place as a result of the abuse.

But Ballard, in a statement released on HPD’s official Facebook page, also pointed the finger at unnamed government officials who have chosen not to change the state law that makes violations of COVID-19-related emergency orders a misdemeanor, further contributing to a complicated situation.

HPD suspended the use of special COVID-19 enforcement teams about 10 days ago after an internal audit revealed “multiple violations” of the department’s overtime policies.

At the time, HPD gave a short statement confirming the investigations and the violations, but Ballard’s remarks on Facebook late Monday afternoon were the first direct comments from the chief.

The department declined to elaborate beyond Ballard’s statement except to confirm that the investigations are being conducted by HPD’s Professional Standards Office, what’s commonly referred to as the internal affairs division.

Those found to have violated laws or administrative policies “will be disciplined appropriately,” Ballard’s statement said. “This includes officers as well as their supervisors.”

While the statement did not say how many officers are being investigated, an internal audit of the enforcement teams conducted earlier this month reported that 59 officers each put in for at least 130 hours between Sept. 27 and Oct. 31. Ten of those officers claimed 200 hours each or more in overtime, and two of them said they worked 300 hours each or more during that period.

Officers are not supposed to work more than 20 hours of OT a week.

“We accept responsibility for the officers who violated HPD’s overtime policy regarding the number of hours worked using the COVID funds,” Ballard said. “Although these officers worked the hours, they still violated the department’s policy that limits overtime in order to protect the officer and the public.”

But Ballard also took the opportunity to reiterate HPD’s strong stance that classifying emergency order violations as misdemeanors rather than citations is “problematic” for all involved, and “a disproportionate response that would clog the courts.”

Imposing a fine would just as well discourage people from violating the emergency order violations “without flooding the courts,” Ballard said. “Despite the warning, there were no attempts to lower the classification to a violation or petty misdemeanor which would have made the penalty a fine except in rare cases.”

Such a change would most likely entail having the state Legislature adopt a bill changing the law.

Meanwhile, although HPD expected citations to be dismissed for technical reasons, “the dismissal of tens of thousands of citations gives the impression that the citations were issued in error, and that is not the case,” Ballard said. “Violations were observed and enforcement actions were taken. We understand that the Prosecutor’s Office and Judiciary are not set up to handle the unprecedented volume, but enforcement is only effective when all parts of the system work and support each other.”

Ballard also addressed criticism from the American Civil Liberties Union that HPD and other police departments in the state should halt their sweeps and other policies that appear to target the homeless during the pandemic.

Homelessness was an issue prior to the pandemic and will continue to be an issue when it’s over “if we do not work together to address it,” Ballard said. “I agree with others that the HPD should not be leading this effort. However, when the pandemic hit and shelters began limiting new clients and requiring quarantining before admittance, homeless individuals who wanted to get off the street had nowhere to go. It was then that HPD officers stepped up again by creating a safe and hygienic temporary shelter at Keehi Lagoon.”

Ballard stressed that while the enforcement teams have been suspended, on-duty patrol officers will continue to respond to coronavirus- related violations.

“We are all in this together, and HPD cannot do this job alone,” Ballard said. “During this challenging time, it is up to each and every one of us to do our part to keep Honolulu safe, healthy, and viable for all members of our community.”

She urged the public to follow basic pandemic- related safety guidelines, including avoiding large gatherings, wearing facial coverings and physical distancing.

City Councilman Tommy Waters, who chairs the Public Safety and Welfare Committee, said he has numerous questions for Ballard and HPD after seeing the news coverage on the OT abuse.

In a letter to Ballard last week, Waters said, “While blatant violations of department policy appear egregious, I recognize that there may be extenuating circumstances due to the pandemic.”

Waters told the Honolulu Star-Advertiser on Monday that he’s still waiting to hear back from Ballard or other HPD officials on his specific questions on the OT issues.

His office has heard from numerous constituents troubled by the OT abuse, he said.

Like Mayor Kirk Caldwell and Mayor-elect Rick Blan­giardi, Waters said he supports Ballard’s decision to suspend the enforcement teams. Councilman Ron Menor, meanwhile, has urged Ballard publicly to reinstate the program but exclude those under investigation.

Using money given to the city under the federal CARES Act, Ballard formed the teams in early August when there was a surge in new COVID-19 cases across the state.

A report to the Council from the Caldwell administration reported that by late October, $16 million of $17 million in federal aid earmarked for overtime on Oahu was for police.

CARES Act money must be used for expenses resulting directly from the impact of the coronavirus pandemic, and the deadline to spend the money is the end of the year. The city has $387 million in CARES Act funds altogether.