LIHU‘E — When public servants and politicians battle in court, almost always the taxpayers are the ones picking up the bill. Weeks ago the Kaua‘i County Council approved $10,000 to hire special counsel to represent the Police Commission in a
LIHU‘E — When public servants and politicians battle in court, almost always the taxpayers are the ones picking up the bill.
Weeks ago the Kaua‘i County Council approved $10,000 to hire special counsel to represent the Police Commission in a civil complaint against Mayor Bernard Carvalho Jr. Now it was the mayor’s turn to receive his share. The council approved Wednesday an additional $10,000 to go toward special counsel to represent Carvalho.
Following a meeting behind closed doors with the council Wednesday morning, County Attorney Al Castillo said the state Office of Disciplinary Counsel instructed him that there would be a conflict of interest if he represented Carvalho, as one of the county deputy attorneys, Jennifer Wynn, serves the Police Commission.
“In this case … I found it incumbent upon myself to contact the Office of Disciplinary Counsel,” said Castillo, adding he received guidance from the lawyers at ODC that he should disqualify himself and the entire Office of the County Attorney from the case.
Castillo said that to go against an ODC opinion would have “dire consequences” for any attorney.
With the Office of County Attorney’s recusal from the case, Carvalho would have no legal representation, said Castillo while explaining his reason for the $10,000 request to the council.
The civil complaint originated from a power struggle between Carvalho and the commission in February, when Carvalho placed Kaua‘i Police Department Chief Darryl Perry on leave.
The Kaua‘i County Charter states the mayor has authority over department heads unless otherwise provided, which in the case of the police chief, this authority would fall under the Police Commission. But when Perry was placed on leave earlier this year, Castillo opined the charter allows the mayor to do that.
Now, it will be up to the 5th Circuit Judge to decide who has such power.
Despite that the vote for the request was considered unanimous, Councilman KipuKai Kuali‘i voted in silence — a silent vote goes with the majority.
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