Dispute over Kauai mayor’s disciplinary power before state judiciary

Local News

A battle over power on Kauai reached the state judiciary Wednesday.

In 2012, Kauai Mayor Bernard Carvalho Jr. ordered Kauai Police Chief Darryl Perry to take a leave of absence.

The Kauai Police Commission took the mayor to court and asked the judge to determine who had the authority.

The court ruled in favor of the mayor, but now the commission is appealing.

In state Intermediate Court of Appeals, the commission claimed it has the sole authority to discipline the chief, not the mayor.

But a representative for the mayor argued that it’s the mayor’s job to oversee the executive branch of the county.

“As mayor, I also have responsibility for the daily operations overall of all departments, so that comes to that place. I’m hoping that whatever the results of this, we’ll look at it, come together again and address it accordingly,” Carvalho told KHON2.

“I’m happy that this is being decided. It’ll give us an opportunity to have guidance, not only for the police commissioners, but for the police chief and also for the mayor, so they know what their limits are, where the line is drawn,” Perry said.

Only oral arguments were heard Wednesday. No decision was made.

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