Adult Corrections Officer’s Acceptance of $7,000 from Inmate Under his Supervision

Resolution of Charge 2018-2 (Charge No. 2015-Cg-5)

From Hawaii State Ethics Commission, May 17, 2018 (excerpts)

Respondent Kumalani Borling (“Respondent Borling”) was employed by the Department of Public Safety (“DPS”) as an Adult Corrections Officer (“ACO”) at the Hawaii Community Correctional Center (“HCCC”) on the island of Hawaii, from approximately January 2007 through January 31, 2010. On April 15, 2015, the Hawaii State Ethics Commission (“Commission”) issued a Charge against Respondent Borling for alleged violations of the State Ethics Code, Hawaii Revised Statutes (“HRS”) chapter 84 (“Charge”).

Respondent Borling filed a Response to the Charge on June 10, 2015, essentially admitting to the allegations in the Charge. The Commission and Respondent Borling agreed to resolve the Charge with Respondent Borling’s payment of an administrative penalty of $2,500 to the State of Hawaii; restitution of $7,000 to a former inmate of HCCC (“Inmate”); and the publication of this Resolution of Charge document….

Misuse of Position to Obtain Power of Attorney from Inmate

In or around November 2009, Respondent Borling and two other ACOs, ACO Kimo Kanazawa-Yee and ACO Bernie Abella, planned to obtain money from Inmate. Respondent Borling took part in a plan to cause Inmate to execute a Power of Attorney appointing Respondent Borling as Inmate’s attorney-in-fact for the purpose of making a one-time withdrawal of $10,000 from Inmate’s bank account with the intent that the money be divided and distributed between the three ACOs.

[The Commission previously resolved Charges against ACO Kanazawa-Yee (Resolution of Charge 2017-7) and ACO Abella (Resolution of Charge 2016-8)]

C. Soliciting and/or Accepting and/or Receiving $4,000 from Inmate

On November 18, 2009, Inmate executed a Power of Attorney, which (1) was made effective from November 20, 2009 to December 20, 2009, (2) was witnessed by ACO Kanazawa-Yee, and (3) gave Respondent Borling power of attorney for the purpose of making a $10,000 withdrawal from Inmate’s bank account. On December 14, 2009, Respondent Borling, ACO Kanazawa-Yee, and ACO Abella drove from Hilo to the bank branch in Kailua-Kona where, using the Power of Attorney, Respondent Borling withdrew $10,000 from Inmate’s account. Respondent Borling was issued a cashier’s check in his name for this amount. On December 22, 2009, Respondent Borling deposited the $10,000 in his own bank account. Subsequently, on or about January 7, 2010, Respondent Borling gave ACO Kanazawa-Yee and ACO Abella cashier’s checks, drawn on Respondent Borling’s bank account, in the amount of $3,000 each.

D. Non-disclosure of $4,000 Gift from Inmate

Respondent Borling did not file a gifts disclosure statement with the Commission disclosing the $4,000 that he received.

E. Soliciting and/or Accepting, and/or Receiving $3,000 from Inmate

In or around January 2010, Respondent Borling provided Inmate with his private address. On or about January 28, 2010, Inmate directed his bank to issue a check for $3,000 to Respondent Borling and send the check to the private address. Respondent Borling was then part of a DPS reduction in force that took effect on January 31, 2010, and ceased employment with DPS on this date. On or about February 4, 2010, Respondent Borling received a check for $3,000, drawn from Inmate’s funds, and later cashed his check or caused it to be cashed.

read … Full Report

Editor’s Note: Nothing in this report explains why these ACOs were getting this money from the Inmate. What are they getting away with?  Why?