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The Kauai County Charter Review Commission is scheduled to meet Monday to look at whether Mayor Bernard Carvalho has the authority to keep Police Chief Darryl Perry on leave.
"I think it’s up for discussion," commission Vice Chairwoman Carol Suzawa said Wednesday.
Suzawa said she doesn’t know whether the mayor or the Kauai Police Commission has the power, but believes a review will help to clarify the issue.
"It’s just doing the right thing," she said.
On Wednesday, Kauai Police Chief Darryl Perry was back at the department on the strength of a vote by the Police Commission. But he was denied his badge and gun.
Perry ordered Assistant Chief Mark Begley to open his office and reissue his equipment, but Begley told him the mayor and county attorney had given direct orders against that, Perry told Hawaii News Now.
"Right now, I’m actually on duty, but I don’t have any equipment with me," said Perry, wearing a tan-and-gray aloha shirt instead of a blue police uniform. "I can’t get into my office. I don’t have access to my computer."
Carvalho, who said he is ready to go to court to keep Perry on leave, has contended that the mayor has the power to supervise the police chief and put him on leave pending the outcome of an employee complaint.
"The chief will remain on leave until we have discussed and agreed upon terms of his return," Carvalho insisted Wednesday.
The dispute between the Police Commission and mayor has taken center stage over what initially began as an investigation of a complaint filed by an employee in the Police Department. County officials have declined to discuss the complaint.
Police Assistant Chiefs Roy Asher and Ale Quibilan were placed on leave on Jan. 31, pending the outcome of the complaint.
Perry was put on leave on Feb. 1.
Perry said he was suspended from Feb. 1 until Feb. 7 "for insubordination and dereliction of duty," then placed on paid leave Feb. 8.
"I can’t go into details as to why that occurred," Perry said. "What I can say is, based on the County Charter, I believe the mayor and the managing director exceeded their authority in placing me on suspension."
Perry, who grew up in Lihue, became police chief in 2007 after nearly 40 years in law enforcement on Kauai and Oahu.
In a statement Wednesday, Carvalho said the idea for putting Perry on leave came from Perry himself on Jan. 30, and after some discussion, it was determined that Perry’s request had merit.
Carvalho said he initially felt there was no need to place Perry on leave.
But Carvalho said Perry sent an email to the Police Commission, asking the commission to pressure the mayor into placing him on leave.
Carvalho said commission Chairman Ernie Kanekoa told him on Sunday that the commission wanted Perry to return to work as soon as possible.
"I listened to his reasons and, although the chief had previously made a strong case for why he should be placed on leave in the best interest of all involved, I was willing to talk to the chief and better understand the reason for his change of heart," Carvalho said.
Carvalho said Perry has been advised by his attorney against a meeting.
"This meeting was very important before we could even consider bringing the chief back to work," Carvalho said. "I had my own concerns for protecting the interest of all involved in the complaint … I feel it is very important to have a shared understanding of the terms under which the chief could return to work while the complaint is being investigated."
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