Probe into Kaua'i police chief troubles Garden Island
By Jan TenBruggencate
Advertiser KauaÎi Bureau
LIHU'E, Kaua'i — County Council members yesterday expressed concern that the investigation of allegations against Police Chief George Freitas will damage the county no matter how the case ends.
Freitas has been on paid leave since Aug. 13.
"I don't see any positive ending here," Council Chairman Ron Kouchi told the Energy and Public Safety Committee.
If Freitas is cleared of allegations, the county can expect to face a legal claim from him, and if charges are upheld, it will be "a black eye for the department," he said.
Honolulu attorney Margery Bronster, who represents Freitas, said the county could be subject to a claim even if charges were upheld, because of the inappropriate handling of the entire case.
Councilman Gary Hooser, public safety committee chairman, said he was distressed that the county administration will not provide the details of the case — even behind closed doors — to the Council, which ultimately will have to find the money if there are legal actions.
Council members' remarks reflected the growing frustration over a controversy that has left Kauai's police chief of six years on suspension for more than two months. Council members suggested that secrecy is hampering the public's ability to determine whether the process is being handled properly.
Freitas himself said he has sought to waive his right to privacy and open up Kaua'i Police Commission executive sessions. But he said the commission refuses to confirm to him that he is on the agenda for executive sessions, so he cannot formally waive his rights.
"I have to know if I am the subject of discussion, and they won't tell me," he said.
Bronster said state law clearly allows an executive session on a personnel matter to be public only after the subject has been given the opportunity to waive confidentiality. She said County Attorney Hartwell Blake responded to her "that he doesn't believe there is any such requirement."
Councilman Kaipo Asing said he is concerned that Freitas has not been properly informed of the charges against him, a standard feature of any investigation.
Blake insisted that Freitas "has been given a summary of the charges," but Freitas himself said the summary included such vague allegations as "untruthfulness," "traffic violations" and "poor judgment in handling situations."
While no detailed allegations have been revealed, the mayor's office has confirmed media reports about the charges. They include the accusation that Freitas interfered in a criminal investigation of charges of sexual assault of a minor by a police officer.
Bronster said when she demanded a complete copy of the complaint against Freitas, Blake responded that the county has filed a request for a ruling from the state Office of Information Practices. Bronster said Blake informed her he would not release a copy until it receives a response from the Office of Information Practices.
"There are really serious issues relating to the chief's rights here," Bronster said.
Blake refused a Council request for an update on the status of the investigation of charges against the chief, citing the need for confidentiality in personnel issues.
"The investigation is ongoing. There have been no conclusions drawn to date," he said.
The Kaua'i Police Commission heard complaints against the chief at a special meeting Aug. 10, while Freitas was on a Mainland trip. When he returned to his office on Aug. 13, he was called to the mayor's office, where he was informed he was being placed on paid leave for up to four months. Deputy Chief Wilfred Ihu was named acting chief in his place.
The Kaua'i commission arranged with the Honolulu Police Commission to borrow one of its investigators to review the Freitas case. Blake said the Honolulu commission is paying investigator John Ko's salary, but Kaua'i County is paying travel, lodging and overtime expenses.
Freitas said the investigation clearly seems to be exceeding the limits set by the Kaua'i commission's own rules, which require an investigator's report be submitted within 60 days of the date charges were received, and that the commission submit its written report sustaining or dismissing the charges within 120 days from the date charges were received.
Blake said he disagrees that commission rules limit the investigator's time to within 60 days of the charges, but he said he anticipated the the investigation would be done by Dec. 10.
Freitas, 57, was clearly agitated after yesterday's council committee meeting. He said the investigation is extending far longer than should be necessary, and Ko has still not interviewed the chief himself.
"This is crazy," he said. "Find me the legal authority to do what they're doing to me. ... My career is on the line, and it is dependent on their understanding the rules."
