Associated Press
LIHUE, Kauai — Some Kauai leaders have questioned whether Mayor Bernard Carvalho Jr. has the authority to put the county’s police chief on leave while an employee complaint is investigated as he did earlier this week.
Councilman Mel Rapozo said that, in general, county boards and commissions are appointed to take the politics out of the daily operations of departments such as police, fire, planning and personnel.
“It would defeat this purpose if the administration is allowed to place commission-appointed department heads on administrative leave, whether paid or not,” Rapozo said.
Rapozo, a former officer with the Kauai Police Department, said he’s not sure about the answer. He said he’s waiting for an opinion he requested from the mayor’s attorney, Al Castillo.
Patrick Stack, the new chair of Kauai’s Charter Review Commission, said he asked Kauai County Boards and Commissions whether Carvalho’s action violated the county charter.
“I’m told the mayor has authority, but I’m not sure that’s true. I’m going to study this and send a bunch of questions to the county attorney,” he said.
Carvalho put Chief Darryl Perry on leave Wednesday, one day after the county put two assistant chiefs on leave.
The mayor said after a press conference Thursday that he had consulted with the Police Commission about placing Perry on leave, but that it was his decision and discretion to do so.
Carvalho cited Section 7.05 of the charter as the source of his authority. It says “except as otherwise provided,” the mayor has direct supervision over all departments.
Section 11.04 of the charter says the police chief, who “shall be appointed by the Police Commission,” may be removed by the commission only after being given a written statement of the charges against him and a hearing before the commission.
Stack called the charter a complicated document.
“It involves a recipe for how we govern ourselves in this county,” Stack said. “I’m as anxious as everybody else for answers.”
