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The Honolulu Advertiser
Posted on: Friday, September 12, 2008

Special-duty officers in clear

By Peter Boylan
Advertiser Staff Writer

The city prosecutor's office will not go after any of the 134 Honolulu police officers accused of improperly manipulating the department's computer system used to sign up for highly sought special-duty jobs.

The prosecutor's office declined to disclose the number of individual cases that police turned over for possible prosecution but said based on the evidence police provided, prosecutors were unable to prove any crimes were committed.

Also, the company that administers the computer system, Cover Your Assets, told the prosecutor's office that it did not want to pursue criminal charges in connection with the case.

According to the prosecutor's office, CYA did not post the language of its terms and conditions on the Web site and officers never received a copy of them, meaning they were unaware that any unauthorized access could be considered criminal.

"There was insufficient evidence to prove beyond a reasonable doubt that the suspected officers knew that their access to hidden Web pages located on Cover Your Assets' server was unauthorized and criminal," said Deputy City Prosecutor Christopher Van Marter.

The investigation focused on whether police officers committed the crime of unauthorized computer access in the first degree, a Class B felony punishable by up to 10 years in prison and a $25,000 fine.

While no criminal charges will be filed in the case, the officers, who were investigated by the department's Internal Affairs division, may face administrative action from the department.

A department representative did not immediately return a message seeking comment yesterday.

Special-duty assignments include providing security at events and businesses and traffic control. Assignments can also include providing motorized escorts for heavy equipment being moved on public roadways where city or state permits are required, police said.

Officers found a way to gain unauthorized access to a department Web site and sign up for jobs using data that had not yet been posted for all officers to view.

Honolulu police officers are allowed to work up to 20 hours of special duty a week. Patrol officers are paid $30 an hour for special-duty assignments, while sergeants and lieutenants are paid $34 an hour.

A Honolulu police recruit earns between $43,000 and $44,000 a year; a patrol officer with at least a decade of experience earns between $55,000 and $60,000 a year.

The department became aware of the alleged breach two weeks ago and the Internal Affairs division launched an administrative and criminal investigation. The loophole in the system was corrected 48 hours after detection, police said.

After the computerized system for signing up for jobs was implemented, officers began complaining that some officers always seemed to land the choice special-duty jobs, which promised a long block of hours as opposed to just one- or two-hour assignments, police said. Officers also noticed that some of their colleagues were getting good jobs in districts that they were not assigned to.

Complaints began pouring in to the department's Human Resources Division before a clerk found a loophole that was being used to manipulate the CYA system, police said.

Reach Peter Boylan at pboylan@honoluluadvertiser.com.