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Lawsuit filed to define power of Kauai mayor

By Associated Press

POSTED:



LIHUE >> The Kauai County Police Commission will leave it to the court to define the mayors powers to suspend or discipline the police chief.

The question stems from Mayor Bernard Carvalho Jr. placing Chief Darryl Perry on leave earlier this year while the county investigated an employee complaint. Perry claimed only the police commission had the authority to do so, while the mayor insisted that authority belongs to him. 

The mayor later allowed Perry to return to his job.

The Garden Island  reported today that the lawsuit seeks a ruling that the commission has sole authority to suspend or discipline the chief. 

County spokeswoman Beth Tokioka says the mayor still believes he has legal authority over commission-appointed department heads. But she says he welcomes judicial review of the issue. 






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cojef wrote:
Would prefer Mayor have no say so in suspending or firing police chief, inasmuchas, the police commision selects the police chief, and it is consistent with firing or suspension. Think most jurisdiction follow that rule otf thumb.
on July 3,2012 | 10:49AM
kainalu wrote:
Fair enough: the courts will decide - and that's that.
on July 3,2012 | 12:52PM
poidragon wrote:
Great, I hope that the police commission is willing to pay the total costs of such a lawsuit, because the people should not have to pay for it with their tax dollars! Wonder if these fools bothered to go back and take a long hard look at the Kauai County charter and check to see exactly what powers the Mayor has as the chief executive of the County!
on July 3,2012 | 01:12PM
BRock wrote:
Obviously the Charter is not crystal clear on the matter and the court should decide. I think the lawsuit is for a public purpose and thus the county should pay the costs of the lawsuit. You are ludicrous if you believe that the individual members of the commission should be liable for the lawsuit. What a fool!
on July 3,2012 | 04:02PM
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