Kaua'i police chief sues mayor, commission
By David Waite
Advertiser Staff Writer
Kaua'i Police Chief George Freitas, who was placed on indefinite leave in August, is suing Kaua'i Mayor Maryanne Kusaka and members of the Kaua'i Police Commission, claiming his rights of due process have been denied .
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Freitas' lawsuit, filed in federal court yesterday by former state attorney general Margery Bronster, asserted that he was essentially removed from office Aug. 13 by the commission, which placed him on leave while investigating several complaints against him.
George Freitas' lawsuit contends he has been denied open Police Commission hearings at which complaints against him could be aired.
The suit, which is also against county attorney Hartwell Blake, contends that Freitas has been denied open Police Commission hearings at which complaints against him could be aired.
It also asserts that the commission met secretly and decided to remove Freitas from office. The commission's actions violated sections of the U.S. Constitution, Hawai'i Constitution, Hawai'i state laws and the Kaua'i County Charter, the lawsuit charges.
It contends that Freitas has yet to receive a copy of the complaints against him, a violation of the Hawai'i Administrative Procedure Act.
Kusaka and Blake did not respond yesterday to a request to comment.
Freitas was placed on leave in August, after two senior officers in the Kaua'i Police Department accused him of a range of charges, including parking violations, rudeness to senior officers and interfering in a criminal investigation.
Following a review of the charges by a Honolulu Police Commission investigator, the Kaua'i commission rejected some of the charges against Freitas, but retained counts involving criminal investigation interference, rudeness, giving improper orders to officers and allowing a civilian to ride in a police vehicle.
A Kaua'i Police Commission hearing was scheduled for Dec. 17 but was later rescheduled for today.
The lawsuit filed yesterday asks the federal court to issue an order prohibiting today's planned Kaua'i Police Commission meeting. It also asks the court to direct the commission to reinstate Freitas as Kaua'i police chief and to stop any interference with the internal administration of the Kaua'i Police Department.
The suit also asks for monetary damages for Freitas, with the amounts to be determined at trial.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
