LIHU‘E — The Kaua‘i County Council approved a request for the Kaua‘i Police Commission for an additional $20,000 to be used in special counsel in a 5th Circuit Court complaint against Mayor Bernard Carvalho Jr. The money approved Wednesday adds
LIHU‘E — The Kaua‘i County Council approved a request for the Kaua‘i Police Commission for an additional $20,000 to be used in special counsel in a 5th Circuit Court complaint against Mayor Bernard Carvalho Jr.
The money approved Wednesday adds to the $10,000 previously approved by the council for each party to spend in private attorneys’ fees. In March, the council approved $10,000 for the commission, and in July, it was the administration’s turn to receive $10,000.
On Feb. 2, Carvalho suspended Kaua‘i Police Department Chief Darryl Perry for seven days, and then put the Perry on administrative leave. The commission unanimously voted to put Perry back on his post by Feb. 22. But Carvalho refused to reinstate Perry, and told that the chief was still on administrative leave, according to civil complaint No. 12-1-0229.
In the complaint filed June 27, by Honolulu-based attorneys Corlis Chang, Edmund Saffery and Marissa Owens, the commission seeks:
1. A declaratory judgment that the Police Commission has the sole authority to suspend and/or otherwise discipline the Chief of Police;
2. Such other and further relief as (the 5th) Court deems just and proper.
According to the complaint, the Kaua‘i County Charter gives the mayor “the authority to appoint the seven members of the commission, but it does not give the mayor the authority to regulate any business of the police department, including matters of the Chief of Police.”
On Aug. 24, the private Honolulu-based attorneys hired by the administration to defend Carvalho, Wendel Fuji and Anthony Suetsugu, filed an official response to the complaint. In the response, the attorneys gave three defenses:
The first defense states the commission “fails to state a claim upon which relief can be granted against defendant.”
The second defense is a lot more encompassing. It has 15 bullet points. In 14 of those points, Carvalho’s attorneys deny several of the allegations in the complaint, including that the mayor had no authority to suspend the Perry.
In case the attorneys missed something in this three-page-long section, the 15th bullet states that “the defendant denies all allegations not specifically addressed above.”
In the third and final defense, Carvalho’s attorneys state their client “intends to rely upon any other defenses, including but not limited to affirmative defenses … which may apply, and which are not alleged in this answer. Defendant also intends to reserve the right to assert additional defenses as they may become apparent through the litigation process.”
Carvalho’s attorneys asked the court to dismiss the complaint with prejudice, and to issue a declaratory judgment declaring the mayor has power to exercise direct supervision over the KPD, including the power and authority to suspend, place on administrative leave, and/or otherwise discipline the KPD chief. Additionally, the attorneys asked the court to order and award such other relief as it deems just and proper.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
