Susan Ballard became chief of police in November 2017, acknowledging the need to address “a lack of trust of the leaders of the department both internally and externally.”
A decade-old lawsuit that alleged Ballard had doctored police-recruit test results and destroyed records was settled last week to the tune of $550,000, and in a few days the chief and her overseers have the opportunity to demonstrate their commitment to restoring trust. They should take it.
The Honolulu Police Commission is giving Ballard her first performance review as the head of the Honolulu Police Department, and on Wednesday the panel will discuss the public release of Ballard’s evaluation, as well as the data contributing to the review.
An assessment of this lawsuit in particular — Dee Ann Koanui vs. City and County of Honolulu — should be part of that public review. Koanui, who had been in charge of recruit testing, alleged that Ballard was involved in tampering with the test scores.
Ballard did not return requests for comment, but Michelle Yu, department spokesperson, relayed a statement on Thursday. The allegations had been investigated by HPD, the city Ethics Commission, the police union and the city’s Equal Opportunity Office, “all of which did not uncover facts that supported the allegations,” the statement read.
“In resolving this case, Chief Ballard informed the court that settling the case was based on economic reasons that was in the best interest of all parties concerned… that she stood by the decisions that she made while she was the major at HPD’s Training Academy, all of which were reviewed and approved by her superiors.”
The commission will have to do better than that. These general comments do not fully answer the questions that the suit raised about the department’s operations and procedures.
Was Koanui fairly treated? Is the bar held sufficiently high for admission to the force, or do concerns about HPD staff shortages, as existed at that time, drive officials to lower it? Were documents wrongly destroyed, as Koanui alleges?
Koanui’s civil complaint included charges that she had been the subject of retaliation starting in September 2008, in violation of the Hawaii Whistleblowers’ Protection Act. Koanui also sought sanctions against Ballard for allegedly ordering the destruction of test sheets, scores, notes and other documents.
The case had been moving toward trial when Ballard’s nomination as police chief came before the commission. According to court documents, the trial had been tentatively scheduled last year for the week of Sept. 17, but then a settlement conference was set for July 31.
On March 8, the City Council approved the settlement payment for Koanui, who retired in December as a lieutenant with a 32-year history on the force. She was a sergeant when the suit was filed in 2009.
The commission had discussed the case but was largely satisfied by Ballard’s explanation, said Loretta Sheehan, commission chair. Ballard had told the commission that her decision to eliminate questions from the final scores applied across the board and not to favor individual recruits, because those specific questions were deemed marginal to the key areas of police work, Sheehan said.
Sheehan said she largely agreed with that assessment and was surprised to learn that the case, which she called “very winnable,” was settled.
Council Chair Ann Kobayashi said the Council accepted the corporation counsel’s advice to settle, and the rationale on altering the test.
Their comments are welcome and reassuring. But they’re not adequate to serve the public interest. A half-million-dollar settlement warrants a full explanation. The commission should give it exactly that, in full view of the public, on Wednesday.