You might want to check out my Civil Beat column this week, “Ian Lind: It’s Time To End The Secrecy Surrounding Police Officers.”
This was triggered by news reports last week about the testimony of Honolulu Police Officer Denny Santiago before the Honolulu Police Commission.
Santiago complained that internal complaints within the department were simply swallowed up by the prevailing secrecy of the department, leaving complainants open to retaliation for raising challenges.
According to a Civil Beat story about the testimony, Santiago “didn’t want to talk about his pending complaints within HPD, saying that he signed a confidentiality clause when he filed the complaints.”
That comment set off alarm bells for me.
Why? Because back in the early 1990s, this was the norm for agencies with the responsibility to field complaints about public officials, including the State Ethics Commission and Campaign Spending Commission.
Yes, you could file complaints. No, you were prohibited by law from publicly stating that you had done so.
At the time, I was published a monthly newsletter about money and politics. In 1992, I filed a complaint with the Campaign Spending Commission about unreported political expenditures, and then wrote about it in my newsletter. That brought push-back from the subject of the complaint, and the threat of a criminal complaint against me by the commission for violating the non-disclosure provision of the law.
The result was a victory in federal court which was upheld by the 9th Circuit. The law was found to be an unconstitutional restriction on First Amendment speech. And the U.S. Supreme Court declined to hear the state’s appeal, leaving the decision in place.
The arguments used to justify the unconstitutional policy were the same kinds of arguments now paraded out to justify why police officers and the police department deserve special deference when it comes to public disclosure.
My point in the history lesson was to make clear that none of the terrible outcomes that the state predicted were sure to result from public disclosure of ethics and campaign complaints actually happened when the law was changed. They were all conjecture, and all turned out to be shibai.
In my view, it’s all important context for understanding the new emerging debate over secrecy at the Police Commission and Police Department.