What started as a private dispute between Kauai Mayor Bernard Carvalho and Kauai Police Chief Darryl Perry went public Wednesday when Perry attempted to return to work, three weeks after he was placed on leave.
Perry was not allowed back in his office as ordered by the administration.
He says the Kauai Police Commission unanimously approved Friday that he return to work but when he arrived he was met with resistance.
"I gave Assistant Chief Mark Begley a direct order to reissue and my equipment and he disobeyed a director order, I issued an order three times he disobeyed by order three times," said Perry.
Mayor Carvalho says Perry is still on paid leave pending results of a hostile work environment investigation. Carvalho placed him on leave on February 2, two days after the county placed Assistant Chiefs Roy Asher and Ale Quibilan on leave. Both were named in a complaint filed by Darla Abbatiello a 27 year veteran of KPD. Perry says he was also being investigated.
Initially, Carvalho says he told Perry he felt there was no need to place him on leave and that he could continue to lead the department and preserve the integrity of the investigation. Perry felt differently and worked from his home.
"I didn't want to come back to a hostile work environment and be placed in a situation where this person may see me in the hallway and say that I looked that person in a wrong way and make another complaint," said Perry. He said he was suspended for seven days and on January 30 sent an email to the Police Commission, "requesting that this body contact the Mayor's Office as soon as is practical to have my request approved without delay."
Carvalho says Perry's request had merit and placed him on leave two days later. He says he asked to meet with Perry numerous times.
"I've been asking that over and over again and I guess the chief chooses to take it and fight it in the media which is wrong it's not healthy for the community," said Carvalho by phone from Los Angeles where he is on business. "Now what has changed now all of a sudden he's coming back to work so I want to sit and talk with the chief to explain to me what has changed that you felt at risk."
Perry was allowed to use the deputy chief's office Tuesday but without police powers including his badge and gun and he no access to computers and equipment.
"I don't have my equipment that does not, not make me not chief of police because the appointing authority is the police commissioners and they say I'm back to work and as far as I'm concerned I'm the chief of police," said Perry.
Some have questioned if the mayor had the authority to place Perry on leave. He says he does under the city charter and he's willing to prove it in court. Perry says under the charter he answers to the Police Commission. "Whether or not the mayor had the authority or place me on leave and that's question that we're facing right now. The lines of power will be clarified."
"I have no interest in being chief, I'm not making big chest mayor, I just want to make sure that this investigation which is supposed to be at the forefront is got to be pushed aside and focusing on the chief, that is, that is totally ridiculous!" said Carvalho.
The Kauai mayor is expected back on the Garden Island on Monday.
Statement by Mayor Bernard Carvalho, Jr. regarding the Kauai Police Department:
“The actions of Chief Darryl Perry over the past 24 hours require that I make a statement about the current affairs of the Kaua‘i Police Department.
“First of all, I would like to state that it is still my belief, based on advice from legal counsel, that I have the authority to supervise the daily activities of the Chief and that I have acted within my authority for all actions taken regarding this matter. The members of the Police Commission have been advised of this as well.
“As you know, on February 2, I made an announcement that the Chief of Police had been placed on leave pending the outcome of the investigation of the complaint in question. I want to make it absolutely clear that this action was taken upon the request of the Chief. Initially, when the Chief made this request on January 30, I felt that there was no need to place him on leave and that he could continue to lead the department under certain conditions that would preserve the integrity of the compliant investigation. After I advised the Chief that I would not be placing him on leave, he sent an email to the Police Commission on that same day – January 30 - asking them to pressure me into placing him on leave. I am providing you with a copy of that email so that you can see how emphatically he felt about being placed on leave.
“After further discussions on January 31 and February 1, it was determined that the Chief’s concerns had merit, and that an appropriate course of action would be to place him on leave until the complaint was properly addressed. There has been public speculation and statements regarding the type of leave the Chief was placed on. Because this is a personnel matter, I will release no details on that aspect of this matter.
“On Sunday, February 19, I was informed by Police Commission Chair Ernie Kanekoa that the Commission wanted the Chief to return to the job 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 interests of all involved, I was willing to talk to the Chief and better understand the reasons for his change of heart. I asked that Ernie and the Chief be available to discuss this with me on Tuesday, February 21, at 3:00 pm. My intent was to determine if conditions could be agreed upon that would protect the interests of all involved in the complaint so that Chief Perry could return to work.
“It is important to remember - above all else - that I have been served with a complaint that involves Chief Perry and other high-ranking officials in the department. It is my legal responsibility - which I take very seriously - to ensure that complaint is handled properly.
“Unfortunately, yesterday afternoon Ernie advised us that the Chief, on advice of his attorney, would not meet with us. This meeting was very important before we could even consider bringing the Chief back to work. In earlier discussions I've had with the Chief on this matter, he expressed deep concerns about protecting the integrity of the investigation, the department, County of Kaua‘i, and his personal interest with respect to further risk and exposure to himself and his family if he were to continue working while the complaint was being investigated. I had my own concerns for protecting the interests of all involved in the complaint. For those reasons, 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. Unfortunately for all concerned, the Chief refused to meet and chose instead to communicate through the media.
“I have been open and willing to talk to the Chief and the Commission Chair, and I am disappointed in the way this has been handled over the past 24 hours. It is still my strong belief that I have the authority - and the responsibility - to take the actions that I have taken. It is also my strong belief that we should not rush into decisions in the middle of such a highly sensitive set of circumstances - where there are more than just the interests of Chief Perry involved. The health and safety of the people of Kaua‘i has never been in question. The department is in capable hands under the leadership of Acting Chief Michael Contrades and Acting Deputy Chief Mark Begley, and there was no need to rush into this decision before proper discussion had taken place. The Chief will remain on leave until we have discussed and agreed upon terms of his return.
“Finally, I wish to acknowledge that there has been much said about my authority to place the Chief on leave. As I have stated before, I believe the Charter gives me that authority and have been advised as such by the County Attorney. The Chief even acknowledges this in his email of January 30. We are comfortable defending that position in front of an appropriate judicial authority, should it come to that. Mahalo.”
