The names of the 24 individuals who applied to serve as Honolulu’s 12th police chief will remain confidential after the Honolulu Police Commission denied a Honolulu Star-Advertiser public-records request for the applicants’ names, calling the disclosure a violation of privacy that would prejudice the selection process.
Releasing the names of the 12 mainland residents and 12 local people applying for the position before the city determines whether they meet the minimum qualifications would be a “clearly unwarranted violation of privacy, and would interfere and prejudice the selection process,” James K.S. Yuen, the Police Commission’s executive officer, wrote in his rejection of the Star-Advertiser’s request.
“Qualified candidates are required to take a written exam and participate in a rigorous assessment process, which is intended to produce a group of the most qualified candidates. Disclosure of the identity of candidates prior to the written exam and completion of the assessment process would greatly prejudice the police chief selection process,” Yuen wrote.
On June 9 the Austin American Statesman, through a public-records request, received the names of the 25 candidates who applied to be the next police chief in Austin, Texas. Nineteen more have applied since then, and the paper has released all 44 of the names and detailed their background.
Hawaii’s public-records laws are among the more restrictive in the country, said Jeffrey S. Portnoy, a Honolulu attorney who represents the Star-Advertiser in First Amendment proceedings.
There are two open-records law loopholes often cited by public agencies when withholding the names of job candidates: privacy and frustration of a legitimate government function or public purpose. The frustration of a legitimate government function loophole is “so large you could drive a containership through it.”
“In a period when people are demanding transparency, for the Police Commission, for OIP (state Office of Information Practices), for the Legislature to continue to allow these exceptions and deny the public the right to know who is applying to be the police chief, I think is outdated,” said Portnoy, “but, unfortunately, not surprising.”
The top sworn officer at the Honolulu Police Department earns $205,800 annually plus $8,320 standard-of-
conduct pay, if certain standards are met.
Police Commission Chairwoman Shannon L. Alivado said the commissioners appreciate the media’s interest in the chief selection.
“However in the interest of ensuring the integrity of the process for our next Chief of Police selection, and to avoid undue influence, neither commissioners nor the public will be provided with the list of the applicants, and will only be notified of the finalists that are named. In an effort to ensure the finalists are fully vetted, the commissioners and the public will be notified of the finalists at the same time — thereafter the public will have the opportunity to weigh in on the candidates that have passed the initial steps in the hiring process. This standard hiring practice in maintaining some confidentiality until finalists are determined will ensure the commission’s and public’s focus will be on the most qualified applicants,” Alivado told the Star-Advertiser in a statement. “The commission wants to ensure this Chief selection process is fair and open to public input, without compromising the fairness of the application and hiring process.”
Of the 12 local applicants, only Capt. Thomas Taflinger, a Leilehua High School
graduate who earned his undergraduate degree in criminology and master’s degree in public administration from the University of Hawaii at Manoa, confirmed he applied for HPD’s top job. He is a 2016 graduate of the FBI National Academy’s session 263 and is assigned to Police District 3. Interim Honolulu Police Chief Rade K. Vanic previously said he would not comment about whether he applied, out of respect for the process. Vanic did say he is qualified, and detailed his experiences working in every department a sworn officer can as evidence of his ability to serve in the role.
“I fully understand the need for transparency for the community and will want to see a list of the Honolulu Police Chief finalists released when it has been determined. The Honolulu Police Commission’s decision not to publicize the list of applicants makes sense as those applicants are being vetted and some may not have even met the qualification requirements and clearly they all will not move on to be finalists,” Mayor Rick Blangiardi said.
