A federal judge has ruled that Kaua’i County’s Police Commission is entitled to investigate claims made by fellow police officers against chief George Freitas. The judge also ruled that at least some of the commission proceedings involving Freitas may be
A federal judge has ruled that Kaua’i County’s Police Commission is entitled to investigate claims made by fellow police officers against chief George Freitas.
The judge also ruled that at least some of the commission proceedings involving Freitas may be held in executive session (closed to the public), which has been the assertion of county attorney Hartwell Blake throughout the five months Freitas was on paid administrative leave.
Freitas was relieved of his duties Aug. 13 but was reinstated two weeks ago while the commission considers the three remaining charges.
Friday afternoon in Honolulu, federal district Judge Susan Oki Mollway issued her ruling on Freitas’ motion to dismiss allegations against him, and on his motion for a partial summary judgment.
The judge also ruled on the county’s motion to dismiss Freitas’ lawsuit.
“This decision does not address the issue of whether (Freitas) should or should not be removed from his position as chief of police,” Mollway stated.
The judge dismissed Freitas’ claim that the commission lacked the authority to consider charges brought against him by fellow officers.
“This part of the motion is denied because Freitas has not met his burden of showing that police officers may not bring charges against” the chief or the commission, Mollway ruled.
Freitas’ claim that the commission meetings should have been open to the public was also denied without prejudice.
But the judge upheld Freitas’ contention that he had been placed on leave and was threatened from removal from his job without proper notice.
“Unquestionably, Freitas cannot be removed as police chief without first being given a statement of the charges and a hearing. Defendants (the county) have been equivocal on this point. For example, they stated in their motion that Freitas is entitled to a hearing ‘only on a decision of the commission to remove him,'” Mollway said in her written decision.
But the county has since changed its tune, agreeing now that the commission won’t remove Freitas without affording him his due process protections.
The judge’s ruling will open the door for the commission to deliberate upon the three allegations remaining against Freitas that were brought last summer by now retired chief inspector Mel Morris and Lt. Alvin Seto. The commission hasn’t set a date for that, as it had been awaiting the court ruling.
Neither Freitas, his attorney, Margery Bronster of Oahu, nor Blake could be reached for comment yesterday afternoon.
Staff writer Dennis Wilken can be reached at 245-3681 (ext. 252) and mailto:dwilken@pulitzer.net
